31228 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Parts 671, 672, 673, 675, 676,

677, and 679

[Docket No. 960531152–6152–01; I.D.

042996B]

RIN 0648–AI18

Fisheries of the Exclusive Economic

Zone Off Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS is consolidating six

parts in title 50 of the CFR as part of the

President’s Regulatory Reform Initiative.

This final rule does not make

substantive changes to the existing

regulations; rather, it reorganizes

management measures into a more

logical and cohesive order, removes

duplicative and outdated provisions,

and makes editorial changes for

readability, clarity, and to achieve

uniformity in regulatory language. This

final rule also amends references to

Paperwork Reduction Act (PRA)

information-collection requirements to

reflect the consolidation. The purpose of

this final rule is to make the regulations

more concise, better organized, and

thereby easier for the public to use.

EFFECTIVE DATE: July 1, 1996.

ADDRESSES: Copies of the final rule for

this action may be obtained from:

Fisheries Management Division, Alaska

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

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

21668, Juneau, AK 99802, Attn: Lori J.

Gravel. Comments regarding burdenhour estimates or other aspects of the

collection-of-information requirements

contained in this rule should be sent to

Fisheries Management Division, Alaska

Region, NMFS, at the above address and

to the Office of Information and

Regulatory Affairs, OMB, Washington,

DC 20503 (Attn: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden, NMFS, 907–586–

7228.

SUPPLEMENTARY INFORMATION:

Background

In March 1995, President Clinton

issued a directive to Federal agencies

regarding their responsibilities under

his Regulatory Reform Initiative. This

initiative is part of the National

Performance Review and calls for

comprehensive regulatory reform. The

President directed all agencies to

undertake a review of all their

regulations, with an emphasis on

eliminating or modifying those that are

obsolete, duplicative, or otherwise in

need of reform. This final rule is

intended to carry out the President’s

directive with respect to those

regulations implementing the Alaska

fishery management plans (FMPs).

Domestic groundfish fisheries in the

Exclusive Economic Zone (EEZ) of the

Gulf of Alaska (GOA) and the Bering

Sea/Aleutian Islands Management Area

(BSAI) are managed by NMFS under the

Fishery Management Plan for

Groundfish of the Gulf of Alaska, which

is implemented by regulations at 50 CFR

part 672, and the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area,

which is implemented by regulations at

50 CFR part 675. The commercial

harvest of king and Tanner crabs is

managed under the Fishery

Management Plan for the Commercial

King and Tanner Crab Fisheries in the

Bering Sea and Aleutian Islands Area,

which is implemented through

regulations at 50 CFR part 671. NMFS

manages the commercial harvest of

scallops under the Fishery Management

Plan for the Scallop Fishery off Alaska,

which is implemented through Federal

regulations at 50 CFR part 673. Other

Federal regulations that affect the

Alaska groundfish and crab fisheries are

set out in 50 CFR parts 676 and 677.

General regulations that also pertain to

these fisheries appear in subpart H of 50

CFR part 600. The FMPs were prepared

by the North Pacific Fishery

Management Council under the

authority of the Magnuson Fishery

Conservation and Management Act.

Consolidation of regulations related to

the domestic fisheries in the EEZ off

Alaska into one CFR part (50 CFR part

679). Currently, regulations

implementing the FMPs for domestic

groundfish and scallop fisheries, and

the commercial king and Tanner crab

fisheries in the BSAI area are contained

in six separate parts of title 50 of the

CFR, in addition to general provisions

for foreign fisheries contained in part

600. NMFS, through this rulemaking,

removes the six parts (50 CFR parts 671,

672, 673, 675, 676, and 677) and

consolidates the regulations contained

therein into one new part (50 CFR part

679). This consolidated regulation

provides the public with a single

reference source for the Federal fisheries

regulations specific to the EEZ off

Alaska. The restructuring of the six

parts into a single part results in one set

of regulations that is more concise,

clearer, and easier to use than the six

separate parts. The consolidation and

restructuring of the general fisheries

regulations at 50 CFR part 620 into part

600 is done in a separate rulemaking

action; many provisions in these general

fisheries regulations apply to the

fisheries in the EEZ off Alaska.

Reorganization of management

measures within the consolidated

regulations and elimination of obsolete

or duplicative provisions. In new part

679, NMFS has reorganized the

consolidated management measures in a

more logical and cohesive order.

Because portions of the existing

regulations contain identical or nearly

identical provisions, similar measures

have been combined and restructured.

For example, certain GOA and BSAI

groundfish management measures for

gear requirements and restrictions,

fishing seasons, and inseason

adjustments previously contained in 50

CFR parts 672 and 675 have been

combined and reorganized within

subpart B of part 679. Paragraph

headings have been added for ease in

identifying measures, and regulatory

language has been revised to improve

clarity and consistency.

As a result of the consolidation effort,

NMFS also identified duplicative and

obsolete provisions and removed those

measures from the regulations. The

terms ‘‘joint venture processing (JVP)’’

and ‘‘total allowable level of foreign

fishing (TALFF)’’ are removed from the

regulations, since all fishing in the EEZ

off Alaska is done by the domestic

fishing fleet. Where time was referenced

as 2359 hours, a change was made to

2400 hours for more accuracy. Text

referring to the BSAI Winter Halibut

Savings Area was removed, since it no

longer is used as a management

measure. No substantive changes were

made to the regulations by this

reorganization, or by the removal of

duplicative and obsolete provisions.

Revisions to PRA references in 15 CFR

902.1(b). Section 3507(c)(B)(i) of the

PRA requires that agencies inventory

and display a current control number

assigned by the Director, Office of

Management and Budget (OMB), for

each agency information collection.

Section 902.1(b) identifies the location

of NOAA regulations for which OMB

approval numbers have been issued.

Because this final rule recodifies many

recordkeeping and reporting

requirements, 15 CFR 902.1(b) is revised

to reference correctly the new sections

resulting from the consolidation.

Under NOAA Organization

Handbook, Transmital #34, dated May

31, 1993, the Under Secretary for
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31229

Oceans and Atmosphere has delegated

to the Assistant Administrator for

Fisheries, NOAA, the authority to sign

material for publication in the Federal

Register.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

Because this rule makes only

nonsubstantive changes to existing

regulations originally issued after prior

notice and an opportunity for public

comment, the Assistant Administrator

for Fisheries, NOAA, under 5 U.S.C.

553(b)(B), for good cause finds that

providing such procedures for this

rulemaking is unnecessary. Because this

rule is not substantive, it is not subject

to a 30-day delay in effective date under

5 U.S.C. 553(d).

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a 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.

This rule contains collection-ofinformation requirements subject to the

PRA. The following collections of

information have already been approved

by OMB:

(a) Approved under 0648–0206—

Alaska permits: (1) Permit application

for Federal fisheries permit estimated at

0.33 hour per response, (2) permit

application for high seas power trollers

in salmon fishery (currently proposed

for withdrawal) estimated at 0.50 hour

per response, and (3) permit application

for experimental fishing estimated at 30

hours per response.

(b) Approved under 0648–0213—

Alaska Region Logbook Family of

Forms: (1) Buying Station Daily

Cumulative Logbook (DCL) estimated at

0.42 hour per response, (2) Buying

Station Check-in/Check-out Report

estimated at 0.10 hour per response, (3)

Daily Cumulative Production Logbook

(DCPL) estimated at 0.45 hour per

response, (4) Daily Fishing Logbook

(DFL) estimated at 0.25 hour per

response, (5) Weekly Production Report

(WPR) estimated at 0.30 hour per

response, (6) Daily Production Report

(DPR) estimated at 0.17 hour per

response, (7) Product Transfer Reports

estimated at 0.18 hour per response, (8)

Processor Check-in/Check-out Reports

estimated at 0.13 hour per response, (9)

U.S. Vessel Activity Report (VAR)

estimated at 0.25 hour per response, and

(10) Alaska Commercial Operator’s

Annual Report (ACOAR) estimated at 6

hours per response.

(c) Approved under 0648–0269—

Western Alaska Community

Development Quota (CDQ) Program: (1)

Community Development Plan (CDP)

application estimated at 160 hours per

response, (2) annual report estimated at

40 hours for each annual report, (3) each

final report estimated at 40 hours, (4)

each substantial amendment to a

pollock fishery CDP estimated at 30

hours, and technical amendments

estimated at 4 hours, (5) each

amendment to a sablefish/halibut

fishery CDP estimated at 10 hours, (6)

appeal of a Quota Share (QS)

application for the sablefish/halibut

CDQ program estimated at 4 hours, (7)

annual reconciliation budget report for

pollock estimated at 40 hours, (8) for the

pollock CDQ fishery, reporting

requirements also include catch

messages estimated at 5 minutes per

response, scale printout retention

estimated at 8 minutes per response, bin

certification estimated at 8 hours per

response, and notifications of CDQ

landings estimated at 2 minutes per

response, and (9) for the sablefish/

halibut CDQ fishery, reporting

requirements include changes to the list

of CDQ cardholders estimated at 0.5

hour per response, changes to sablefish/

halibut CDP’s list of vessels estimated at

1 hour per response, and replacement of

CDQ permits and cards estimated at 0.5

hour per response.

(d) Approved under 0648–0272—IFQ

Program: (1) Estimated response time

during the 2-year implementation

period is expected to be 5.5 hours for

the QS application, (2) 4 hours to file an

appeal on a QS application, (3) 2 hours

for an IFQ crew member eligibility

application, (4) estimated response time

during each year after the

implementation period is 1 hour for

notification of inheritance of QS, (5) 2

hours for the application for transfer or

lease of QS/IFQ, (6) 2 hours for the

corporate/ partnership or other entity

transfer application, (7) 0.5 hour for the

registered buyer application, (8) 0.5

hour per request for application for

additional card, (9) 0.2 hour for prior

notice of landing, (10) 0.1 hour for

permission to land IFQs at any time

other than 0600–1800 hours, (11) 0.1

hour for the vessel clearance

application, (12) 0.2 hour for the IFQ

landing report, (13) 0.1 hour for a

transshipment notice, (14) 0.2 hour for

the shipment or transfer report, and (15)

application for transfer of IFQ estimated

at 2 hours per response.

(e) Approved under 0648–0280—

North Pacific Fisheries Research Plan

(Research Plan): (1) 0.5 hour per

response for completing the semiannual

FPP–1, (2) 0.25 hour per response for

notifying contractors of needs for

observers, (3) 1.0 hour per response to

provide information to document claims

of disputed bills, and (4) 0.16 hour per

response for the first year of the

Research Plan for completion of FPP–2

by observer contractors for payment of

observer coverage by processor vessels

and shoreside processing facilities.

(f) Approved under 0648–0282—

Alaska Groundfish and Crab Vessel

Moratorium Program: (1) Federal

groundfish and BSAI crab permit

application estimated at 0.33 hour per

response, (2) application for transfer of

moratorium permit estimated at 0.5

hour per response, (3) reconstruction

reporting requirement estimated at 0.5

hour per response, (4) transfer of lost or

destroyed vessel moratorium

qualification reporting requirement

estimated at 0.5 hour per response, (5)

salvage of lost or destroyed vessel

reporting requirement estimated at 0.5

hour per response, (6) halibut

supplementary information reporting

requirement estimated at 0.5 hour per

response, and (7) time to file an appeal

estimated at 0.5 hour per appeal.

(g) Approved under 0648–0305—

Estimated response time for

identification of longline marker buoys

is 0.25 hour per buoy.

(h) Approved under 0648–0307—Netsounder device required for pelagic

trawl gear when trawling in waters of

the EEZ in the vicinity around Kodiak

Island: Estimated time to snap-on device

and to remove device each time it is

used is 5 minutes (10 minutes per tow).

North Pacific Fisheries Research Plan

electronic transmission of observer data:

Estimated time for installation of

equipment varies with type of Inmarsat

Communication Unit being installed on

board the vessel. For Standard A unit,

installation is estimated at 9 hours per

vessel. For Standard C units, installation

is estimated at 13 hours per vessel.

The estimated response times shown

include the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Send comments regarding burden

estimates, or any other aspect of the data

requirements, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

List of Subjects

15 CFR Part 902

Reporting and Recordkeeping

Requirements.

50 CFR Part 671

Fisheries, Fishing, Reporting and

recordkeeping requirements.
31230 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

50 CFR Parts 672, 675, 677, and 679

Fisheries, Reporting and

recordkeeping requirements.

50 CFR Part 673

Fisheries.

50 CFR Part 676

Alaska, Fisheries, Reporting and

recordkeeping requirements.

Dated: June 4, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and, under

the authority of 16 U.S.C. 773 et seq.

and 16 U.S.C. 1801 et seq., 50 CFR

chapter VI are 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. In § 902.1, paragraph (b), the table

is amended by removing in the left

column under 50 CFR, the entries

‘‘672.4’’, ‘‘672.5’’, ‘‘672.6’’, ‘‘672.24’’,

‘‘674.4’’, ‘‘675.4’’, ‘‘675.5’’, ‘‘675.6’’,

‘‘675.24’’, ‘‘675.27’’, ‘‘676.3’’, ‘‘676.4’’,

‘‘676.5’’, ‘‘676.13’’, ‘‘676.14’’, ‘‘676.17’’,

‘‘676.20’’, ‘‘676.21’’, ‘‘676.25’’, ‘‘677.4’’,

‘‘677.6’’, and ‘‘677.10’’ and by removing

in the right column the control numbers

in corresponding positions; and by

adding, in numerical order, the

following entries to read as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act

* * * * *

(b) * * *

CFR part or section

where the information

collection requirement is

located

Current OMB control number (all

numbers begin with

0648–)

* * * * *

50 CFR:

* * * * *

679.4 ............................. 0206, 0272, 0280,

and 0282

679.5 ............................. 0213, 0272

679.6 ............................. 0206

679.24 ........................... 0305, 0307

679.30 ........................... 0269

679.32 ........................... 0269

679.33 ........................... 0269

679.34 ........................... 0269

679.40 ........................... 0213, 0272

679.41 ........................... 0272

679.42 ........................... 0272

CFR part or section

where the information

collection requirement is

located

Current OMB control number (all

numbers begin with

0648–)

679.43 ........................... 0272, 0282

679.50 ........................... 0280

679.51 ........................... 0280, 0307

679.52 ........................... 0280, 0307

* * * * *

3. Parts 671, 672, 673, 675, 676, and

677 [Removed]

3. Parts 671, 672, 673, 675, 676, and

677 are removed.

4. Part 679 is added to read as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

Subpart A—General

Sec.

679.1 Purpose and scope.

679.2 Definitions.

679.3 Relation to other laws.

679.4 Permits.

679.5 Recordkeeping and reporting.

679.6 Experimental fisheries.

679.7 Prohibitions.

679.8 Facilitation of enforcement.

679.9 Penalties.

Subpart B—Management Measures

679.20 General limitations.

679.21 Prohibited species bycatch

management.

679.22 Closures.

679.23 Seasons.

679.24 Gear limitations.

679.25 Inseason adjustments.

Subpart C—Western Alaska Community

Development Quota Program

679.30 General CDQ regulations.

679.31 CDQ reserve.

679.32 Estimation of total pollock harvest

in the CDQ fisheries (applicable through

December 31, 1998).

679.33 Halibut and sablefish CDQ.

679.34 CDQ halibut and sablefish

determinations and appeals.

Subpart D—Individual Fishing Quota

Management Measures

679.40 Sablefish and halibut QS.

679.41 Transfer of QS and IFQ.

679.42 Limitations on use of QS and IFQ.

679.43 Determinations and appeals.

679.44 Penalties.

Subpart E—Observer Requirements/North

Pacific Fisheries Research Plan

679.50 Research Plan fee.

679.51 General observer requirements

(applicable through December 31, 1996).

679.52 Observer coverage requirements for

Research Plan fisheries (applicable after

December 31, 1996).

679.53 Annual Research Plan

specifications.

679.54 Compliance.

Subpart F—Scallop Fishery off Alaska

679.60 Prohibitions.

Figures—Part 679

Figure 1—BSAI Statistical and Reporting

Areas

Figure 2—BSAI Catcher Vessel Operational

Area

Figure 3—Gulf of Alaska Statistical and

Reporting Areas

Figure 4—Herring Savings Areas in the BSAI

Figure 5—Kodiak Island Areas Closed to

Nonpelagic Trawl Gear

Figure 6—Length Overall of a Vessel

Figure 7—Location of Trawl Gear Test Areas

in the GOA and the BSAI

Tables—Part 679

Table 1—Product Codes

Table 2—Species Codes

Table 3—Product Recovery Rates for

Groundfish Species

Table 4—Bering Sea Subarea Steller Sea Lion

Protection Areas

Table 5—Aleutian Islands Subarea Steller

Sea Lion Protection Areas

Table 6—Gulf of Alaska Steller Sea Lion

Protection Areas

Table 7—Communities Determined to be

Eligible to Apply for Community

Development Quotas

Table 8—Harvest Zone Codes for Use with

Product Transfer Reports and Vessel

Activity Reports

Table 9—Required Logbooks, Reports, and

Forms from Participants in the Federal

Groundfish Fisheries

Table 10—Gulf of Alaska Retainable

Percentages

Table 11—Bering Sea and Aleutian Islands

Management Area Retainable

Percentages

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

seq.

Subpart A—General

§ 679.1 Purpose and scope.

Regulations in this part were

developed by the Council under the

Magnuson Act. Along with part 600 of

this chapter, these regulations

implement the following:

(a) Fishery Management Plan for

Groundfish of the Gulf of Alaska. (1)

Regulations in this part govern

commercial fishing for groundfish in the

GOA by vessels of the United States (see

subparts A, B, D, and E of this part).

(2) The following State of Alaska

regulations are not preempted by this

part for vessels regulated under this part

fishing for demersal shelf rockfish in the

Southeast Outside District, and which

are registered under the laws of the

State of Alaska: 5 AAC 28.110, fishing

seasons; 5 AAC 28.130, gear; 5 AAC

28.160, harvest guidelines; 5 AAC

28.190, harvest of bait by commercial

permit holders.

(b) Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area. Regulations

in this part govern commercial fishing

for groundfish in the BSAI by vessels of
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31231

the United States (see subparts A, B, C,

D, and E of this part).

(c) Moratorium on entry (applicable

through December 31, 1998).

Regulations in this part govern a

moratorium on the entry of new vessels

in the commercial fisheries for

groundfish in the GOA and BSAI and in

the commercial fisheries for king and

Tanner crabs in the BSAI (see subparts

A and D of this part).

(d) IFQ Program for sablefish and

halibut. The IFQ management plan for

the commercial fisheries that use fixed

gear to harvest sablefish and halibut (see

subparts A, B, D, and E of this part).

(1) Sablefish. (i) Regulations in this

part govern commercial fishing for

sablefish by vessels of the United States:

(A) Using fixed gear within that

portion of the GOA and the BSAI over

which the United States exercises

exclusive fishery management authority;

and

(B) Using fixed gear in waters of the

State of Alaska adjacent to the BSAI and

the GOA, provided that such fishing is

conducted by persons who have been

issued permits under § 679.4.

(ii) Regulations in this part do not

govern commercial fishing for sablefish

in Prince William Sound or under a

State of Alaska limited entry program.

(2) Halibut. Regulations in this part

govern commercial fishing for halibut

by vessels of the United States using

fixed gear, as that term is described in

16 U.S.C. 773(d), in and off of Alaska.

(e) Western Alaska CDQ Program. The

goals and purpose of the CDQ program

are to allocate CDQ to eligible Western

Alaska communities to provide the

means for starting or supporting

commercial seafood activities that will

result in ongoing, regionally based,

commercial seafood or related

businesses (see subparts A, B, C, and E

of this part).

(f) Observer requirements/Research

Plan. Regulations in this part govern

elements of the Research Plan for the

following fisheries under the Council’s

authority: BSAI groundfish, GOA

groundfish, BSAI king and Tanner crab

in the EEZ; and halibut from

Convention waters off Alaska (see

subpart E of this part).

(g) Fishery Management Plan for the

Commercial King and Tanner Crab

Fisheries in the BSAI. Regulations in

this part govern commercial fishing for

king and Tanner crab in the BSAI by

vessels of the United States, including

regulations superseding State of Alaska

regulations applicable to the

commercial king and Tanner crab

fisheries in the BSAI EEZ that are

determined to be inconsistent with the

FMP (see subparts A, B, and E of this

part).

(h) Scallops. Regulations in this part

implement Federal authority under the

Magnuson Act to manage the scallop

fishery in the EEZ off Alaska and to

govern commercial fishing for scallops

in the EEZ off Alaska (see subpart F of

this part).

§ 679.2 Definitions.

In addition to the definitions in the

Magnuson Act and in part 600 of this

chapter, the terms used in this part have

the following meanings:

Active/inactive periods—(1) Active

periods—(i) Catcher vessel. An active

period for a catcher vessel means a

period of time when the catcher vessel

is in a reporting area (except 300, 400,

550, or 690) or gear remains on the

grounds in a reporting area (except 300,

400, 550, or 690), regardless of the

vessel location.

(ii) Shoreside processor, mothership,

catcher/processor, and buying station.

An active period for a shoreside

processor, mothership, catcher/

processor, and buying station means a

period of time when checked in.

(2) Inactive periods—(i) Catcher

vessel. An inactive period for a catcher

vessel means any period that does not

qualify as an active period.

(ii) Shoreside processor, mothership,

catcher/processor, or buying station. An

inactive period for a shoreside

processor, mothership, catcher/

processor, or buying station means a

period of time when not checked in.

ADF&G means the State of Alaska

Department of Fish and Game.

Alaska local time (A.l.t.) means the

current Alaska time, either daylight

savings time or standard time.

Alaska State waters means waters

adjacent to the State of Alaska and

shoreward of the EEZ off Alaska.

Aleutian Islands Subarea (AI) of the

BSAI means that portion of the EEZ

contained in Statistical Areas 541, 542,

and 543 (see Figure 1 of this part).

Authorized fishing gear means fixed

gear, hook-and-line, jig, longline,

longline pot, nonpelagic trawl,

nontrawl, pelagic trawl, pot-and-line,

and trawl; defined as follows:

(1) Fixed gear means:

(i) For sablefish harvested from any

GOA reporting area, all hook-and-line

gear and, for purposes of determining

initial IFQ allocation, all pot gear used

to make a legal landing.

(ii) For sablefish harvested from any

BSAI reporting area, all hook-and-line

gear and all pot gear.

(iii) For halibut harvested from any

IFQ regulatory area, all fishing gear

comprised of lines with hooks attached,

including one or more stationary,

buoyed, and anchored lines with hooks

attached.

(2) Hook-and-line means a stationary,

buoyed, and anchored line with hooks

attached, or the taking of fish by means

of such a device.

(3) Jig means a single, non-buoyed,

non-anchored line with hooks attached,

or the taking of fish by means of such

a device.

(4) Longline means a stationary,

buoyed, and anchored line with hooks

or two or more groundfish pots

attached, or the taking of fish by means

of such a device.

(5) Longline pot means a stationary,

buoyed, and anchored line with two or

more pots attached, or the taking of fish

by means of such a device.

(6) Nonpelagic trawl means a trawl

other than a pelagic trawl.

(7) Nontrawl means hook-and-line, jig,

longline, and pot-and-line gear.

(8) Pelagic trawl means a trawl that:

(i) Has no discs, bobbins, or rollers;

(ii) Has no chafe protection gear

attached to the footrope or fishing line;

(iii) Except for the small mesh

allowed under paragraph (8)(ix) of this

definition:

(A) Has no mesh tied to the fishing

line, headrope, and breast lines with

less than 20 inches (50.8 cm) between

knots and has no stretched mesh size of

less than 60 inches (152.4 cm) aft from

all points on the fishing line, headrope,

and breast lines and extending past the

fishing circle for a distance equal to or

greater than one half the vessel’s LOA;

or

(B) Has no parallel lines spaced closer

than 64 inches (162.6 cm) from all

points on the fishing line, headrope, and

breast lines and extending aft to a

section of mesh, with no stretched mesh

size of less than 60 inches (152.4 cm)

extending aft for a distance equal to or

greater than one half the vessel’s LOA;

(iv) Has no stretched mesh size less

than 15 inches (38.1 cm) aft of the mesh

described in paragraph (8)(iii) of this

definition for a distance equal to or

greater than one half the vessel’s LOA;

(v) Contains no configuration

intended to reduce the stretched mesh

sizes described in paragraphs (8)(iii) and

(iv) of this definition;

(vi) Has no flotation other than floats

capable of providing up to 200 lb (90.7

kg) of buoyancy to accommodate the use

of a net-sounder device;

(vii) Has no more than one fishing

line and one footrope for a total of no

more than two weighted lines on the

bottom of the trawl between the wing

tip and the fishing circle;

(viii) Has no metallic component

except for connectors (e.g.,
31232 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

hammerlocks or swivels) or a netsounder device aft of the fishing circle

and forward of any mesh greater than

5.5 inches (14.0 cm) stretched measure;

(ix) May have small mesh within 32

ft (9.8 m) of the center of the headrope

as needed for attaching instrumentation

(e.g., net-sounder device); and

(x) May have weights on the wing

tips.

(9) Pot-and-line means a stationary,

buoyed line with a single pot attached,

or the taking of fish by means of such

a device.

(10) Trawl has the meaning specified

in § 600.10 of this chapter. For purposes

of this part, this definition includes, but

is not limited to, Danish seines and otter

trawls.

Basis species means any species or

species group that is open to directed

fishing that the vessel is authorized to

harvest.

Bering Sea and Aleutian Islands

Management Area (BSAI) means the

Bering Sea and Aleutian Islands

subareas (see Figure 1 of this part).

Bering Sea Subarea of the BSAI

means that portion of the EEZ contained

in Statistical Areas 508, 509, 512, 513,

514, 516, 517, 518, 519, 521, 523, 524,

and 530 (see Figure 1 of this part).

Bimonthly refers to a time period

equal to 2 calendar months. For

purposes of the Research Plan, six

consecutive bimonthly periods are

established each year, as follows:

January 1—February 29; March 1—April

30; May 1—June 30; July 1—August 31;

September 1—October 31; and

November 1—December 31.

Bogoslof District means that part of

the Bering Sea Subarea contained in

Statistical Area 518 (see Figure 1 of this

part).

Breast line means the rope or wire

running along the forward edges of the

side panels of a net, or along the

forward edge of the side rope in a rope

trawl.

Buying station means:

(1) With respect to groundfish

recordkeeping and reporting, a person

or vessel that receives unprocessed

groundfish from a vessel for delivery at

a different location to a shoreside

processor or mothership and that does

not process those fish.

(2) With respect to Research Plan, a

person or vessel that receives

unprocessed fish from a vessel for

delivery to a shoreside processor or

mothership and that does not process

those fish.

Bycatch Limitation Zone 1 (Zone 1)

means that part of the Bering Sea

Subarea that is contained within the

boundaries of Statistical Areas 508, 509,

512, and 516 (see Figure 1 of this part).

Bycatch Limitation Zone 2 (Zone 2)

means that part of the Bering Sea

Subarea that is contained within the

boundaries of Statistical Areas 513, 517,

and 521 (see Figure 1 of this part).

Bycatch rate means:

(1) For purposes of § 679.21(f) with

respect to halibut, means the ratio of the

total round weight of halibut, in

kilograms, to the total round weight, in

metric tons, of groundfish for which a

TAC has been specified under § 679.20

while participating in any of the

fisheries defined under § 679.21(f).

(2) For purposes of § 679.21(f) with

respect to red king crab, means the ratio

of number of red king crab to the total

round weight, in metric tons, of BSAI

groundfish for which a TAC has been

specified under § 679.20 while

participating in the BSAI yellowfin sole

and BSAI ‘‘other trawl’’ fisheries, as

defined under § 679.21(f).

Bycatch species means any species or

species group for which a maximum

retainable bycatch amount is calculated.

Catcher/processor means:

(1) With respect to groundfish

recordkeeping and reporting, a vessel

that is used for catching fish and

processing that fish.

(2) (Applicable through December 31,

1998). With respect to moratorium

groundfish or crab species, a vessel that

can be used as a catcher vessel and that

can process or prepare fish to render it

suitable for human consumption,

industrial use, or long-term storage,

including, but not limited to, cooking,

canning, smoking, salting, drying,

freezing, and rendering into meal or oil,

but not including heading and gutting

unless additional preparation is done.

(3) With respect to Research Plan

fisheries, a processor vessel that is used

for, or equipped to be used for, catching

fish and processing that fish.

Catcher vessel means:

(1) With respect to groundfish

recordkeeping and reporting, a vessel

that is used for catching fish and that

does not process on board.

(2) (Applicable through December 31,

1998). With respect to moratorium

groundfish, as defined in paragraph (1)

of this definition; with respect to

moratorium crab species, a vessel that is

used to catch, take, or harvest

moratorium crab species that are

retained on board as fresh fish product

at any time.

(3) With respect to IFQ species, a

vessel that is used to catch, take, or

harvest fish that are subsequently iced,

headed, gutted, bled, or otherwise

retained as fresh fish product on board

during any fishing year, except when

the freezer vessel definition applies

during any fishing trip.

(4) With respect to the Research Plan,

a vessel that is used for catching fish

and processing that fish.

Catcher Vessel Operational Area

(CVOA) (see Figure 2 of this part and

§ 679.22(a)(5)).

Central Aleutian District means that

part of the Aleutian Islands Subarea

contained in Statistical Area 542 (see

Figure 1 of this part).

Chief, RAM Division means Chief of

the Restricted Access Management

Division, NMFS, Alaska Region.

Chinook Salmon Savings Area of the

BSAI (see § 679.21(e)(7)(vii)(B)).

Chum Salmon Savings Area of the

BSAI CVOA (see § 679.21(e)(7)(vi)(B)).

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 § 679.5(l)(3)(viii).

Commissioner of ADF&G means the

principal executive officer of ADF&G.

Community Development Plan

(CDP)(applicable through December 31,

1998) means a business plan for the

development of a specific Western

Alaska community or group of

communities under the CDQ Program at

§ 679.30.

Community Development Quota

(CDQ) (applicable through December 31,

1998) means a percentage of the CDQ

reserve for a particular fish species that

is allocated to a CDP.

Community Development Quota

Program (CDQ Program) (applicable

through December 31, 1998) means the

Western Alaska Community

Development Quota Program

implemented under subpart C of this

part.

Community Development Quota

Reserve (CDQ Reserve) (applicable

through December 31, 1998) means a

percentage of the TAC for a particular

management area for pollock, halibut, or

hook-and-line sablefish that has been set

aside for purposes of the CDQ program.

Council means North Pacific Fishery

Management Council.

Daily reporting period or day is the

period from 0001 hours, A.l.t., until the

following 2400 hours, A.l.t.

Directed fishing means:

(1) With respect to groundfish

recordkeeping and reporting, any

fishing activity that results in the

retention of an amount of a species or

species group on board a vessel that is

greater than the maximum retainable

bycatch amount for that species or

species group as calculated under

§ 679.20.

(2) (Applicable through December 31,

1998). With respect to moratorium

groundfish species, directed fishing as
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31233

defined in paragraph (1) of this

definition, or, with respect to

moratorium crab species, the catching

and retaining of any moratorium crab

species.

Dockside sale means the transfer of

IFQ halibut or IFQ sablefish from the

person who harvested it to individuals

for personal consumption, and not for

resale.

Donut Hole means the international

waters of the Bering Sea outside the

limits of the EEZ and Russian economic

zone as depicted on the current edition

of NOAA chart INT 813 Bering Sea

(Southern Part).

Eastern Aleutian District means that

part of the Aleutian Islands Subarea

contained in Statistical Area 541 (see

Figure 1 of this part).

Exvessel price means the price in

dollars received by a harvester for fish

from Research Plan fisheries. Exvessel

price excludes any value added by

processing.

Federal waters means waters within

the EEZ off Alaska.

Fee percentage means the annually

calculated assessment rate, in percent of

exvessel value of Research Plan

fisheries, used to determine fee

assessments under the Research Plan.

Fish product weight means the weight

of the fish product in pounds or to at

least the nearest hundredth of a metric

ton (0.01 mt). Fish product weight is

based upon the number of production

units and the weight of those units.

Production units include pans, cartons,

blocks, trays, cans, bags, and individual

fresh or frozen fish. The weight of a

production unit is the average weight of

representative samples of the product,

and may include additives, but not

packaging. Any allowance for water

added cannot exceed 5 percent of the

gross product weight (fish, additives,

and water).

Fishermen means persons who catch,

take, or harvest fish.

Fishing circle means the

circumference of a trawl intersecting the

center point on a fishing line, and that

is perpendicular to the long axis of a

trawl.

Fishing day means a 24-hour period,

from 0001 hours, A.l.t., through 2400

hours, A.l.t., in which fishing gear is

retrieved and groundfish, halibut, or

king or Tanner crab are retained. Days

during which a vessel only delivers

unsorted codends to a processor are not

fishing days.

Fishing line means a length of chain

or wire rope in the bottom front end of

a trawl to which the webbing or lead

ropes are attached.

Fishing month refers to a time period

calculated on the basis of weekly

reporting periods as follows: Each

fishing month begins on the first day of

the first weekly reporting period that

has at least 4 days in the associated

calendar month and ends on the last day

of the last weekly reporting period that

has at least 4 days in that same calendar

month. Dates of each fishing month will

be announced in the Federal Register

published under § 679.21(f)(5).

Fishing trip means:

(1) With respect to groundfish

directed fishing standards, an operator

of a vessel is engaged in a fishing trip

from the time the harvesting, receiving,

or processing of groundfish is begun or

resumed until:

(i) The offload or transfer of all

groundfish or groundfish product from

that vessel;

(ii) The vessel enters or leaves an area

to which a directed fishing prohibition

applies; or

(iii) The end of a weekly reporting

period, whichever comes first.

(2) With respect to the IFQ Program,

the period beginning when a vessel

operator commences harvesting IFQ

species and ending when the vessel

operator lands any species.

(3) With respect to the Research Plan,

one of the following:

(i) For a vessel used to process

groundfish or a catcher vessel used to

deliver groundfish to a mothership, a

weekly reporting period during which

one or more fishing days occur.

(ii) For a catcher vessel used to

deliver fish to other than a mothership,

the time period during which one or

more fishing days occur, that starts on

the day when fishing gear is first

deployed and ends on the day the vessel

offloads groundfish, halibut, or king or

Tanner crab; returns to an Alaskan port;

or leaves the EEZ off Alaska and

adjacent waters of the State of Alaska.

Fishing year means 0001 hours, A.l.t.,

on January 1, through 2400 hours, A.l.t.,

on December 31 (see § 679.23).

Footrope means a chain or wire rope

attached to the bottom front end of a

trawl and attached to the fishing line.

Freezer vessel means any vessel that

is used to process some or all of its

catch during any fishing trip.

Gear deployment means:

(1) For trawl gear: Where the trawl

gear reaches the fishing level and begins

to fish.

(2) For jig/troll, hook-and-line, or

longline gear: Where the gear enters the

water.

(3) For pot-and-line gear: Where the

first pot enters the water.

Gear retrieval means:

(1) For trawl gear: Where retrieval of

trawl cable commences.

(2) For jig/troll gear: Where the jig/

troll gear leaves the water.

(3) For hook-and-line or longline pot

gear: Where the last hook-and-line or

longline pot gear of a set leaves the

water, regardless of where the majority

of the haul or set took place.

(4) For pot-and-line gear: Where the

last pot of a set leaves the water.

Governor means the Governor of the

State of Alaska.

Groundfish means target species and

the ‘‘other species’’ category, specified

annually pursuant to § 679.20(a)(2).

Gulf of Alaska (GOA) means that

portion of the EEZ contained in

Statistical Areas 610, 620, 630, 640, and

650 (see Figure 3 of this part).

Halibut means Pacific halibut

(Hippoglossus stenolepis).

Halibut CDQ reserve means the

amount of the halibut catch limit for

IPHC regulatory areas 4B, 4C, 4D, and

4E that is reserved for the halibut CDQ

program (see § 679.31(b)).

Harvesting or to harvest means the

catching and retaining of any fish.

Headrope means a rope bordering the

top front end of a trawl.

Herring Savings Area means any of

three areas in the BSAI presented in

Figure 4 (see also § 679.21(e)(7)(v) for

additional closure information).

Individual means a natural person

who is not a corporation, partnership,

association, or other such entity.

Individual fishing quota (IFQ) means

the annual catch limit of sablefish or

halibut that may be harvested by a

person who is lawfully allocated a

harvest privilege for a specific portion of

the TAC of sablefish or halibut.

IFQ crew member means any

individual who has at least 150 days

experience working as part of the

harvesting crew in any U.S. commercial

fishery, or any individual who receives

an initial allocation of QS. For purposes

of this definition, ‘‘harvesting’’ means

work that is directly related to the

catching and retaining of fish. Work in

support of harvesting, but not directly

involved with harvesting, is not

considered harvesting crew work. For

example, searching for fish, work on a

fishing vessel only as an engineer or

cook, or work preparing a vessel for a

fishing trip would not be considered

work of a harvesting crew.

IFQ halibut means any halibut that is

harvested with fixed gear in any IFQ

regulatory area.

IFQ landing means the unloading or

transferring of any IFQ halibut, IFQ

sablefish, or products thereof from the

vessel that harvested such fish.

IFQ regulatory area means:

(1) With respect to IFQ halibut, areas

2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as

defined in part 301 of this title.

(2) With respect to IFQ sablefish, any

of the three regulatory areas in the GOA
31234 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

and any subarea of the BSAI, and all

waters of the State of Alaska between

the shore and the inshore boundary of

such regulatory areas and subareas,

except waters of Prince William Sound

and areas in which sablefish fishing is

managed under a State of Alaska limited

entry program.

IFQ sablefish means any sablefish that

is harvested with fixed gear, either in

the EEZ off Alaska or in waters of the

State of Alaska, by persons holding an

IFQ permit, but does not include

sablefish harvested in Prince William

Sound or under a State of Alaska

limited entry program.

Inshore component (applicable

through December 31, 1998) means the

following three categories of the U.S.

groundfish fishery that process pollock

harvested in a directed fishery for

pollock in the GOA or BSAI, or Pacific

cod harvested in a directed fishery for

Pacific cod in the GOA, or both:

(1) Shoreside processing operations.

(2) Vessels less than 125 ft (38.1 m) in

LOA, that process no more than 126 mt

per week in round-weight equivalents of

an aggregate amount of those fish.

(3) Vessels that process those fish at

a single geographic location in Alaska

State waters during a fishing year. For

the purposes of this definition, NMFS

will determine the single geographic

location in a fishing year for an

individual processor from the

geographic coordinates the vessel

operator reports on the check-in report

(§ 679.5(h)) when that vessel first

engages in processing those fish.

IPHC means International Pacific

Halibut Commission (see part 301 of

this title).

King crab means red king crab

(Paralithodes camtschatica), blue king

crab (P. platypus), brown (or golden)

king crab (Lithodes aequispina), and

scarlet (or deep sea) king crab (Lithodes

couesi).

Landing means offloading fish.

Legal landing (applicable through

December 31, 1998) means any amount

of a moratorium species that was or is

landed in compliance with Federal and

state commercial fishing regulations in

effect at the time of the landing.

Legal landing of halibut or sablefish

(see § 679.40(a)(3)(v)).

Length overall (LOA) of a vessel

means the horizontal distance, rounded

to the nearest foot, between the foremost

part of the stem and the aftermost part

of the stern, excluding bowsprits,

rudders, outboard motor brackets, and

similar fittings or attachments (see

Figure 6 of this part; see also maximum

LOA, original qualifying LOA, and

reconstruction).

Logbook means Daily Cumulative

Production Logbook (DCPL), Daily

Cumulative Logbook (DCL), or a Daily

Fishing Logbook (DFL) required by

§ 679.5.

Lost or destroyed vessel (applicable

through December 31, 1998) means a

vessel that has sunk at sea or has been

destroyed by fire or other accident and

has been reported to the USCG on USCG

Form 2692, Report of Marine Casualty.

Management area means any district,

regulatory area, subpart, part, or the

entire GOA or BSAI.

Manager, with respect to any

shoreside processor or buying station,

means the individual responsible for the

operation of the shoreside processor

operation or buying station.

Maximum LOA (applicable through

December 31, 1998), with respect to a

vessel’s eligibility for a moratorium

permit, means:

(1) Except for a vessel under

reconstruction on June 24, 1992, if the

original qualifying LOA is less than 125

ft (38.1 m) LOA, 1.2 times the original

qualifying LOA or 125 ft (38.1 m),

whichever is less.

(2) Except for a vessel under

reconstruction on June 24, 1992, if the

original qualifying LOA is equal to or

greater than 125 ft (38.1 m), the original

qualifying LOA.

(3) For an original qualifying vessel

under reconstruction on June 24, 1992,

the LOA on the date reconstruction was

completed, provided that maximum

LOA is certified under § 679.4(c)(9).

Moratorium crab species (applicable

through December 31, 1998) means

species of king or Tanner crabs

harvested in the BSAI, the commercial

fishing for which is governed by this

part.

Moratorium groundfish species

(applicable through December 31, 1998)

means species of groundfish, except

sablefish caught with fixed gear,

harvested in the GOA or in the BSAI,

the commercial fishing for which is

governed by this part.

Moratorium qualification (applicable

through December 31, 1998) means a

transferable prerequisite for a

moratorium permit.

Moratorium species (applicable

through December 31, 1998) means any

moratorium crab species or moratorium

groundfish species.

Mothership means:

(1) A vessel that receives and

processes groundfish from other vessels;

or

(2) With respect to the Research Plan,

a processor vessel that receives and

processes fish from other vessels and is

not used for, or equipped to be used for,

catching fish.

Net-sounder device means a sensor

used to determine the depth from the

water surface at which a fishing net is

operating.

Non-allocated or nonspecified species

means those fish species, other than

prohibited species, for which TAC has

not been specified (e.g., grenadier,

prowfish, lingcod).

Observed or observed data refers to

data collected by observers who are

certified under the NMFS Observer

Program (see § 679.21(f)(7) and subpart

E of this part).

Observer means any person certified

under the NMFS Observer Program (see

subpart E of this part).

Offshore component (applicable

through December 31, 1998) means all

vessels not included in the definition of

‘‘inshore component’’ that process

pollock caught in directed fisheries for

pollock in the GOA or BSAI, or Pacific

cod caught in directed fisheries for

Pacific cod in the GOA, or both.

Optimum yield (OY) (see

§ 679.20(a)(1)).

Original qualifying LOA (applicable

through December 31, 1998) means the

LOA of the original moratorium

qualifying vessel on June 24, 1992.

Original qualifying vessel (applicable

through December 31, 1998) means a

vessel that made a legal landing during

the moratorium qualifying period.

Other species is a category that

consists of groundfish species in each

management area that are not specified

as target species (see Table 1 of the

specifications provided at § 679.20(c)).

Person means:

(1) (Applicable through December 31,

1998). For purposes of the moratorium,

any individual who is a citizen of the

United States or any U.S. corporation,

partnership, association, or other entity

(or their successor in interest), whether

or not organized or existing under the

laws of any state.

(2) For purposes of IFQ species, any

individual who is a citizen of the United

States or any corporation, partnership,

association, or other entity (or their

successor in interest), whether or not

organized or existing under the laws of

any state, who is a U.S. citizen.

Pollock roe means product consisting

of pollock eggs, either loose or in sacs

or skeins.

Processing, or to process, means the

preparation of fish to render it suitable

for human consumption, industrial

uses, or long-term storage, including but

not limited to cooking, canning,

smoking, salting, drying, freezing, or

rendering into meal or oil, but does not

mean icing, bleeding, heading, or

gutting.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31235

Processor means, with respect to the

Research Plan, any shoreside processor

or vessel that processes fish, any person

who receives fish from fishermen for

commercial purposes, any fisherman

who transfers fish outside of the United

States, and any fisherman who sells fish

directly to a restaurant or to an

individual for use as bait or personal

consumption. Processor does not

include a buying station or a restaurant,

or a person who receives fish from

fishermen for personal consumption or

bait.

Processor vessel means, unless

otherwise restricted, any vessel that has

been issued a Federal fisheries permit

and that can be used for processing

groundfish.

Prohibited species catch (PSC) means

any of the species listed in § 679.21(b).

PRR means standard product recovery

rate (see Table 3 of this part).

Qualified applicant (see Western

Alaska CDQ Program, § 679.30(d)(6)).

Qualified person (see IFQ

Management Measures, § 679.40(a)(2)).

Qualifying period (applicable through

December 31, 1998) means the period to

qualify for the moratorium from January

1, 1988, through February 9, 1992.

Quarter, or quarterly reporting period,

means one of four successive 3-month

periods, which begin at 0001 hours,

A.l.t., on the first day of each quarter,

and end at 2400 hours, A.l.t., on the last

day of each quarter, as follows:

(1) 1st quarter: January 1 through

March 31.

(2) 2nd quarter: April 1 through June

30.

(3) 3rd quarter: July 1 through

September 30.

(4) 4th quarter: October 1 through

December 31.

Quota share (QS) means a permit, the

face amount of which is used as a basis

for the annual calculation of a person’s

IFQ.

Reconstruction (applicable through

December 31, 1998) means a change in

the LOA of the vessel from its original

qualifying LOA.

Regional Director, for purposes of this

part, means the Director, Alaska Region,

NMFS, as defined at § 600.10 of this

chapter, or a designee.

Regulatory area means any of three

areas of the EEZ in the GOA (see Figure

3 of this part).

Reporting area means any of the areas

described in Figures 1 and 3 of this part.

Research Plan means the North

Pacific Fisheries Research Plan

developed by the North Pacific Fishery

Management Council under the

Magnuson Act.

Research Plan fisheries means the

following fisheries: BSAI groundfish,

GOA groundfish, BSAI king and Tanner

crab, and halibut from convention

waters off Alaska.

Resident fisherman (see

§ 679.30(d)(7)).

Retained catch means the catch

retained by a processor, in round weight

or round-weight equivalents, from

Research Plan fisheries.

Round weight or round-weight

equivalent, for purposes of this part,

means:

(1) For groundfish or halibut: The

weight of fish calculated by dividing the

weight of the primary product made

from that fish by the standard PRR for

that primary product as listed in Table

3 of this part, or, if not listed, the weight

of fish calculated by dividing the weight

of a primary product by the standard

PRR as determined using the best

available evidence on a case-by-case

basis.

(2) For BSAI crab processed by

catcher/processors: The scale weight of

a subsample multiplied by the number

of subsamples comprising the retained

catch.

(3) For BSAI crab processed by

mothership or shoreside processors: The

scale weights of retained catches.

Sablefish (black cod) means

Anoplopoma fimbria.

Sablefish CDQ reserve means 20

percent of the sablefish fixed gear TAC

for each subarea in the BSAI for which

a sablefish TAC is specified (see

§ 679.31(c)).

Scallop(s) means any species of the

family Pectinidae, including, without

limitation, weathervane scallops

(Patinopectin caurinus).

Set means a string of pots or hookand-line gear or a group of pots that is

deployed in a similar location with

similar soak time.

Shoreside processor means:

(1) With respect to GOA and BSAI

groundfish, any person or vessel that

receives unprocessed groundfish, except

catcher/processors, motherships, buying

stations, restaurants, or persons

receiving groundfish for use as bait or

personal consumption.

(2) With respect to the Research Plan,

any person that receives unprocessed

fish, except catcher/processors,

motherships, restaurants, or persons

receiving fish for use as bait or personal

consumption.

Southeast Outside District of the GOA

means that part of the Eastern

Regulatory Area contained in Statistical

Area 650 (see Figure 3 of this part).

Standard exvessel price means the

exvessel price for species harvested in

Research Plan fisheries, calculated

annually by NMFS for each species or

species group, from exvessel price

information for all product forms, used

in determining fee assessments.

Statistical area means the part of any

reporting area defined in Figures 1 and

3 of this part, contained in the EEZ.

Steller Sea Lion Protection Areas (see

Tables 4, 5, and 6 of this part and

§§ 679.22(a)(7), (a)(8), 679.22(b)(2), and

227.12 of this title).

Stem means the forward part of a

vessel—that portion of the vessel where

the sides are united at the fore end with

the lower end attached to the keel and

the bowsprit, if one is present, resting

on the upper end.

Stern means the aft part of the vessel.

Stretched mesh size means the

distance between opposite knots of a

four-sided mesh when opposite knots

are pulled tautly to remove slack.

Superexclusive registration area

means any State of Alaska designated

registration area within the BSAI where,

if a vessel is registered to fish for crab,

that vessel is prohibited from fishing for

crab in any other registration area

during that registration year.

Support vessel means any vessel that

is used in support of other vessels

regulated under this part, including, but

not limited to, supplying a fishing

vessel with water, fuel, provisions,

fishing equipment, fish processing

equipment or other supplies, or

transporting processed fish. The term

‘‘support vessel’’ does not include

processor vessels or tender vessels.

Tanner crab means Chionoecetes

species or hybrids of these species.

Target species are those species or

species groups, except the ‘‘other

species’’ category, for which a TAC is

specified pursuant to § 679.20(a)(2).

Tender vessel means a vessel that is

used to transport unprocessed fish

received from another vessel to a

shoreside processor, mothership, or

buying station.

Transfer includes any loading,

offloading, shipment or receipt of any

groundfish product, including

quantities transferred inside or outside

the EEZ, within any state’s territorial

waters, within the internal waters of any

state, at any shoreside processor, or any

offsite meal reduction plant.

Trawl test areas (see Figure 7 of this

part and § 679.24(d)).

U.S. citizen means:

(1) Any individual who is a citizen of

the United States at the time of

application for QS; or

(2) Any corporation, partnership,

association, or other entity that would

have qualified to document a fishing

vessel as a vessel of the United States

during the QS qualifying years of 1988,

1989, and 1990.

Vessel Activity Report (VAR) (see

§ 679.5).
31236 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Vessel operations category (see

§ 679.4).

Walrus Protection Areas (see

§ 679.22(a)(4)).

Weekly reporting period means a time

period that begins at 0001 hours, A.l.t.,

Sunday morning (except during the first

week of each year, when it starts on

January 1) and ends at 2400 hours,

A.l.t., the following Saturday night

(except during the last week of each

year, when it ends on December 31).

West Yakutat District of the GOA

means that part of the GOA Eastern

Regulatory Area contained in Statistical

Area 640 (see Figure 3 of this part).

Western Aleutian District means that

part of the Aleutian Islands Subarea

contained in Statistical Area 543 (see

Figure 1 of this part).

Wing tip means the point where

adjacent breast lines intersect or where

a breast line intersects with the fishing

line.

§ 679.3 Relation to other laws.

(a) Foreign fishing for groundfish.

Regulations governing U.S. nationals

fishing in the Russian fisheries are set

forth in part 299 of this title.

(b) Domestic fishing for groundfish.

The conservation and management of

groundfish in waters of the territorial

sea and internal waters of the State of

Alaska are governed by the Alaska

Administrative Code at 5 AAC Chapter

28 and the Alaska Statute at A.S. 16.

(c) Halibut. Additional regulations

governing the conservation and

management of halibut are set forth in

part 301 of this title.

(d) King and Tanner crab. Additional

regulations governing conservation and

management of king crab and Tanner

crab in the BSAI are contained in Alaska

Statutes at A.S. 16 and Alaska

Administrative Code at 5 AAC Chapters

34, 35, and 39.

(e) Incidental catch of marine

mammals. Regulations governing

exemption permits and the

recordkeeping and reporting of the

incidental take of marine mammals are

set forth in § 216.24 and part 229 of this

title.

§ 679.4 Permits.

(a) General requirements—(1)

Application. (i) A person may obtain or

renew an application for any of the

permits under this section and must

mail completed forms to the Chief, RAM

Division.

(ii) Upon receipt of an incomplete or

improperly completed permit

application, the Chief, RAM Division,

will notify the applicant of the

deficiency in the permit application. If

the applicant fails to correct the

deficiency, the permit will not be

issued. No permit will be issued to an

applicant until a complete application is

received.

(iii) A separate application must be

completed for each vessel, processor, or

buying station and a copy must be

retained of each completed or revised

application.

(iv) The information requested on the

application must be typed or printed

legibly.

(2) Amended applications. An owner,

operator, or manager who applied for

and received a permit under this section

must notify the Chief, RAM Division, in

writing, of any change in the

information within 10 days of the date

of that change.

(3) Alteration. No person may alter,

erase, or mutilate any permit, card, or

document issued under this section.

Any such permit, card, or document

that is intentionally altered, erased, or

mutilated is invalid.

(4) Disclosure. NMFS will maintain a

list of permitted processors that may be

disclosed for public inspection.

(5) Sanctions and denials. Procedures

governing permit sanctions and denials

are found at subpart D of 15 CFR part

904.

(b) Federal Fisheries permit—(1)

Groundfish. No vessel of the United

States may be used to fish for

groundfish in the GOA or BSAI unless

the owner first obtains a Federal

fisheries permit for the vessel, issued

under this part. A Federal fisheries

permit is issued without charge.

(2) Non-groundfish. A vessel of the

United States that fishes in the GOA or

BSAI for any non-groundfish species,

including but not limited to halibut,

crab, salmon, scallops, and herring, and

that does not retain any bycatch of

groundfish is not required to obtain a

Federal fisheries permit under this part.

(3) Vessel operations categories. (i) A

Federal fisheries permit authorizes a

vessel to conduct operations in the GOA

and BSAI as a catcher vessel, catcher/

processor, mothership, tender vessel, or

support vessel.

(ii) A vessel may be issued a Federal

fisheries permit as a support vessel or as

any combination of the other four

categories (catcher vessel, catcher/

processor, mothership, tender vessel). A

vessel permitted as a catcher vessel,

catcher/processor, mothership, or tender

vessel also may conduct all operations

authorized for a support vessel.

(4) Duration. (i) A Federal fisheries

permit remains in effect through

December 31 of the year for which it is

issued, unless it is revoked, suspended,

or modified under 15 CFR part 904, or

unless it is surrendered or invalidated.

(ii) A Federal fisheries permit is

surrendered when the original permit is

submitted to and received by the NMFS

Enforcement Office in Juneau, AK.

(5) Application. A complete

application for a Federal fisheries

permit must include the following

information for each vessel:

(i) Amended permit. If application is

for an amended permit, the current

Federal fisheries permit number and

information that has changed.

(ii) Vessels. The complete name and

homeport (city and state) of the vessel;

the ADF&G vessel number; the USCG

documentation number or Alaska

registration number; the vessel’s LOA

and registered net tonnage; and the

telephone, fax, and COMSAT (satellite

communication) numbers used on board

the vessel.

(iii) Owner information. The owner of

the vessel must record the owner’s

name, permanent business mailing

address, telephone and fax numbers;

and the name of any company (other

than the owner) that manages the

operations of the vessel or shoreside

processor.

(iv) Federal fisheries permit

information. The owner of the vessel

must record:

(A) The fishery or fisheries and the

vessel operations category for which the

permit would apply, as set forth under

paragraph (b)(3) of this section.

(B) If a catcher vessel or catcher/

processor, the gear type(s) used for

groundfish operations.

(C) If a catcher vessel, whether

groundfish is retained only as bycatch

from halibut, crab, or salmon fisheries;

and whether sablefish is the only

groundfish targeted in the GOA.

(D) If a mothership or catcher/

processor, whether inshore or offshore,

to indicate component in which Pacific

cod in the GOA or pollock will be

processed for the entire fishing year.

(v) Signature. The owner of the vessel

must sign and date the application.

(6) Issuance. (i) Except as provided in

subpart D of 15 CFR part 904, upon

receipt of a properly completed permit

application, the Regional Director will

issue a Federal fisheries permit required

by this paragraph (b).

(ii) The Regional Director will send

the Federal fisheries permit to the

applicant with the appropriate logbooks,

as provided under § 679.5.

(7) Amended application. If the

application for an amended permit

required under this section designates a

change or addition of a vessel

operations category, the amended

permit must be on board the vessel

before the new type of operations

begins.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31237

(8) Transfer. A Federal fisheries

permit issued under this paragraph (b)

is not transferable or assignable and is

valid only for the vessel for which it is

issued.

(9) Inspection. (i) An original Federal

fisheries permit issued under this

paragraph (b) must be carried on board

the vessel whenever the vessel is

fishing. Photocopied or faxed copies are

not considered originals.

(ii) A permit issued under this

paragraph (b) must be presented for

inspection upon the request of any

authorized officer.

(c) Moratorium permits (applicable

through December 31, 1998—(1)

General—(i) Applicability. Except as

provided under paragraph (c)(2) of this

section, any vessel used to catch and

retain any moratorium crab species or to

conduct directed fishing for any

moratorium groundfish species must

have a valid moratorium permit issued

for that vessel under this part on board

the vessel at all times it is engaged in

fishing activities.

(ii) Duration. The moratorium permit

is valid for the duration of the

moratorium, unless otherwise specified.

(iii) Validity. A moratorium permit

issued under this part is valid only if:

(A) The vessel’s LOA does not exceed

the maximum LOA as specified in

§ 679.2;

(B) The vessel’s moratorium

qualification has not been transferred;

(C) The permit has not been revoked

or suspended under 15 CFR part 904;

(D) The permit is endorsed for all gear

types on board the vessel; and

(E) The permit’s term covers the

fishing year in which the vessel is

fishing.

(iv) Inspection. A moratorium permit

must be presented for inspection upon

the request of any authorized officer.

(2) Moratorium exempt vessels. (i) A

moratorium exempt vessel is not subject

to the moratorium permit requirement

of paragraph (c)(1) of this section and is

not eligible for a moratorium permit.

(ii) A moratorium exempt vessel may

catch and retain moratorium species,

provided it complies with the permit

requirements of the State of Alaska with

respect to moratorium crab species,

Federal permit requirements in this part

with respect to moratorium groundfish

species, and other applicable Federal

and State of Alaska regulations.

(3) Moratorium exempt vessel

categories. A moratorium exempt vessel

is a vessel in any of the following

categories:

(i) Vessels other than catcher vessels

or catcher/processor vessels.

(ii) Catcher vessels or catcher/

processor vessels less than or equal to

26 ft (7.9 m) LOA that conduct directed

fishing for groundfish in the GOA.

(iii) Catcher vessels or catcher/

processor vessels less than or equal to

32 ft (9.8 m) LOA that catch and retain

moratorium crab species in the BSAI or

that conduct directed fishing for

moratorium groundfish species in the

BSAI.

(iv) Catcher vessels or catcher/

processor vessels that are fishing for IFQ

halibut, IFQ sablefish, or halibut or

sablefish under the Western Alaska CDQ

Program in accordance with regulations

at subpart C of this part and that are not

directed fishing for any moratorium

species.

(v) Catcher vessels or catcher/

processor vessels less than or equal to

125 ft (38.1 m) LOA that after November

18, 1992, are specifically constructed for

and used in accordance with a CDP

under § 679.30, and that are designed

and equipped to meet specific needs

described in the CDP.

(4) Moratorium permit

endorsements—(i) General. A

moratorium permit will be endorsed for

one or more fishery-specific gear type(s)

in accordance with the endorsement

criteria of paragraph (c)(5) of this

section.

(ii) Authorization. A fishery-specific

gear type endorsement authorizes the

use by the vessel of that gear type in the

specified fisheries.

(iii) Fishing gear requirements. (A)

Fishing gear requirements for the BSAI

crab fisheries are set forth in the Alaska

Administrative Code at title 5, chapters

34 and 35.

(B) Fishing gear requirements for the

GOA and the BSAI groundfish fisheries

are set forth under § 679.24.

(C) A moratorium permit may be

endorsed for any one or a combination

of the following fishing gear types:

(1) Trawl, which includes pelagic and

nonpelagic trawl gear.

(2) Pot, which includes longline pot

and pot-and-line gear.

(3) Hook, which includes hook-andline and jig gear.

(5) Gear endorsement criteria. For

purposes of this paragraph (c)(5), the

period January 1, 1988, through

February 9, 1992, is ‘‘period 1,’’ and

February 10, 1992, through December

11, 1994, is ‘‘period 2.’’ Fishery-specific

gear type endorsement(s) will be based

on the following criteria:

(i) Crab fisheries/pot gear. A

moratorium permit for a vessel may be

endorsed for crab fisheries/pot gear if

the vessel made a legal landing:

(A) Of a moratorium crab species in

period 1;

(B) Of a moratorium groundfish

species with any authorized fishing gear

in period 1, and, in period 2, made a

legal landing of a moratorium crab

species; or

(C) Of moratorium groundfish in

period 1 with pot gear.

(ii) Groundfish fisheries/trawl gear. A

moratorium permit may be endorsed for

groundfish fisheries/trawl gear if the

vessel made a legal landing:

(A) Of a moratorium groundfish

species with any authorized fishing gear

in period 1; or

(B) Of a moratorium crab species in

period 1, and, in period 2, made a legal

landing of a moratorium groundfish

species using trawl gear.

(iii) Groundfish fisheries/pot gear. A

moratorium permit may be endorsed for

groundfish fisheries/pot gear if the

vessel made a legal landing:

(A) Of a moratorium groundfish

species with any authorized fishing gear

in period 1; or

(B) Of a moratorium crab species in

period 1.

(iv) Groundfish fisheries/hook gear. A

moratorium permit may be endorsed for

groundfish fisheries/hook gear if the

vessel made a legal landing:

(A) Of a moratorium groundfish

species with any authorized fishing gear

in period 1; or

(B) Of a moratorium crab species in

period 1, and, in period 2, made a legal

landing of a moratorium groundfish

species using hook gear.

(6) Application for permit. A

moratorium permit will be issued to the

owner of a vessel of the United States

if he/she submits to the Regional

Director a complete moratorium permit

application that is subsequently

approved and if the vessel’s LOA does

not exceed the maximum LOA as

specified in § 679.2. A complete

application for a moratorium permit

must include the following information

for each vessel:

(i) Name of the vessel, state

registration number of the vessel and

the USCG documentation number of the

vessel, if any.

(ii) Name(s), business address(es), and

telephone and fax numbers of the owner

of the vessel.

(iii) Name of the managing company.

(iv) Valid documentation of the

vessel’s moratorium qualification, if

requested by the Regional Director due

to an absence of landings records for the

vessel from January 1, 1988, through

February 9, 1992.

(v) Reliable documentation of the

vessel’s original qualifying LOA, if

requested by the Regional Director, such

as a vessel survey, builder’s plan, state

or Federal registration certificate,

fishing permit records, or other reliable

and probative documents that clearly
31238 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

identify the vessel and its LOA, and that

are dated before June 24, 1992.

(vi) Specification of the fishing gear(s)

used from January 1, 1988, through

February 9, 1992, and, if necessary, the

fishing gear(s) used from February 10,

1992, through December 11, 1994.

(vii) Specification of the vessel as

either a catcher vessel or a catcher/

processor vessel.

(viii) If applicable, transfer

authorization if a permit request is

based on transfer of moratorium

qualification pursuant to paragraph (c)

of this section.

(ix) Signature of the person who is the

owner of the vessel or the person who

is responsible for representing the vessel

owner.

(7) Moratorium qualification. A vessel

has moratorium qualification if:

(i) The vessel is an original qualifying

vessel;

(ii) The vessel is not a moratorium

exempt vessel under paragraph (c)(2) of

this section;

(iii) The vessel’s moratorium

qualification has not been transferred;

(iv) The vessel receives a valid

moratorium qualification through a

transfer approved by the Regional

Director under pargraph (c)(9) of this

section; and

(v) That moratorium qualification is

not subsequently transferred.

(8) Application for moratorium

qualification transfer—(i) General. An

application for approval of a transfer of

moratorium qualification (see paragraph

(c)(9) of this section) must be completed

and the transfer approved by the

Regional Director before an application

for a moratorium permit based on that

transfer can be approved. An

application for approval of a transfer

and an application for a moratorium

permit may be submitted

simultaneously.

(ii) Contents of application. A

complete application for approval of

transfer must include the following

information, as applicable, for each

vessel involved in the transfer of

moratorium qualification:

(A) Name(s), business address(es), and

telephone and fax numbers of the

applicant(s) (including the owners of

the moratorium qualification that is to

be or was transferred and the person

who is to receive or received the

transferred moratorium qualification).

(B) Name of the vessel whose

moratorium qualification is to be or was

transferred and the name of the vessel

that would receive or received the

transferred moratorium qualification (if

any), the state registration number of

each vessel and, if documented, the

USCG documentation number of each

vessel.

(C) The original qualifying LOA of the

vessel whose moratorium qualification

is to be or was transferred, its current

LOA, and its maximum LOA.

(D) The LOA of the vessel that would

receive or received the transferred

moratorium qualification and

documentation of that LOA by a current

vessel survey or other reliable and

probative document.

(E) Signatures of the persons from

whom moratorium qualification would

be transferred or their representative,

and the persons who would receive the

transferred moratorium qualification or

their representative.

(iii) Contract or agreement. A legible

copy of a contract or agreement must be

included with the application for

transfer that specifies the vessel or

person from which moratorium

qualification is to be or is transferred,

the date of the transfer agreement,

names and signatures of all current

owner(s) of the vessel whose

moratorium qualification is to be or was

transferred, and names and signatures of

all current owner(s) of the moratorium

qualification that is to be or was

transferred.

(iv) Vessel reconstruction. The

following information must be included

with the application for transfer:

(A) A legible copy of written contracts

or written agreements with the firm that

performed reconstruction of the vessel

and that relate to that reconstruction.

(B) An affidavit signed by the vessel

owner(s) and the owner/manager of the

firm that performed the vessel

reconstruction, specifying the beginning

and ending dates of the reconstruction.

(C) An affidavit signed by the vessel

owner(s) specifying the LOA of the

reconstructed vessel.

(v) Vessels lost or destroyed. A copy

of USCG Form 2692, Report of Marine

Casualty, must be included with the

application for transfer.

(9) Transfer of moratorium

qualification (applicable through

December 31, 1998)—(i) General. A

transfer of a vessel’s moratorium

qualification must be approved by the

Regional Director before a moratorium

permit may be issued under this section

for the vessel to which the qualification

is transferred. A moratorium permit is

not transferrable or assignable. A

fishery-specific gear type

endorsement(s) is not severable from an

endorsed permit. A transfer of

moratorium qualification will not be

approved by the Regional Director

unless:

(A) A complete transfer application

that satisfies all requirements specified

in paragraph (c)(8) of this section is

submitted;

(B) The LOA of the vessel to which

the moratorium qualification is

transferred does not exceed the

maximum LOA of the original

qualifying vessel; and

(C) The moratorium permit associated

with the moratorium qualification is not

revoked or suspended.

(ii) Vessels lost or destroyed in 1988.

The moratorium qualification of a vessel

that was lost or destroyed before January

1, 1989, may not be transferred to

another vessel and is not valid for

purposes of issuing a moratorium

permit for that vessel, if salvaged, unless

salvage began on or before June 24,

1992, and the LOA of the salvaged

vessel does not exceed its maximum

LOA. The moratorium qualification of

such a vessel is not valid for purposes

of issuing a moratorium permit for 1998

unless that vessel is used to make a legal

landing of a moratorium species from

January 1, 1996, through December 31,

1997.

(iii) Vessels lost or destroyed from

1989 through 1995. The moratorium

qualification of any vessel that was lost

or destroyed on or after January 1, 1989,

but before January 1, 1996, is valid for

purposes of issuing a moratorium

permit for that vessel, if salvaged,

regardless of when salvage began,

provided that the vessel has not already

been replaced and the LOA of the

salvaged vessel does not exceed its

maximum LOA. The moratorium

qualification of any vessel that was lost

or destroyed on or after January 1, 1989,

but before January 1, 1996, may be

transferred to another vessel, provided

the LOA of that vessel does not exceed

the maximum LOA of the original

qualifying vessel. The moratorium

qualification of such a vessel is not

valid for purposes of issuing a

moratorium permit for 1998, unless that

vessel is used to make a legal landing of

a moratorium species from January 1,

1996, through December 31, 1997.

(iv) Vessels lost or destroyed after

1995. The moratorium qualification of

any vessel that was lost or destroyed on

or after January 1, 1996, is valid for

purposes of issuing a moratorium

permit for that vessel, if salvaged,

regardless of when salvage began,

provided that the vessel has not already

been replaced and the LOA of the

salvaged vessel does not exceed its

maximum LOA. The moratorium

qualification of any vessel that is lost or

destroyed on or after January 1, 1996,

may be transferred to another vessel,

providing the LOA of that vessel does

not exceed the maximum LOA of the

original qualifying vessel.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31239

(v) Reconstruction. The moratorium

qualification of a vessel is not valid for

purposes of issuing a moratorium

permit if, after June 23, 1992,

reconstruction is initiated that results in

increasing the LOA of the vessel to

exceed the maximum LOA of the

original qualifying vessel. For a vessel

whose reconstruction began before June

24, 1992, and was completed after June

24, 1992, the maximum LOA is the LOA

on the date reconstruction was

completed, provided the owner files an

application for transfer and the Regional

Director certifies that maximum LOA

and approves the transfer based on

information concerning the LOA of the

reconstructed vessel submitted under

paragraph (c)(8)(iv) of this section.

(10) Appeal—(i) Determination. The

Chief, RAM Division, will issue an

initial administrative determination to

each applicant who is denied a

moratorium permit by that official. An

initial administrative determination

may be appealed by the applicant in

accordance with § 679.43. The initial

administrative determination will be the

final agency action if a written appeal is

not received by the Chief, RAM

Division, within the period specified.

(ii) Permit denial. An initial

administrative determination that

denies an application for a moratorium

permit must authorize the affected

vessel to catch and retain moratorium

crab or moratorium groundfish species

with the type of fishing gear specified

on the application. The authorization

expires on the effective date of the final

agency action relating to the

application.

(iii) Final action. An administrative

determination denying approval of the

transfer of a moratorium qualification

and/or denying the issuance of a

moratorium permit based on that

moratorium qualification is the final

agency action for purposes of judicial

review.

(d) IFQ—(1) General. In addition to

the permit and licensing requirements

prescribed in part 301 of this title and

in the permit requirements of this

section, all fishing vessels that harvest

IFQ halibut or IFQ sablefish must have

on board:

(i) IFQ permit. A copy of an IFQ

permit that specifies the IFQ regulatory

area and vessel category in which IFQ

halibut or IFQ sablefish may be

harvested by the IFQ permit holder and

a copy of the most recent accompanying

statement specifying the amount of each

species that may be harvested during

the current IFQ fishing season; and

(ii) IFQ card. An original IFQ card

issued by the Regional Director.

(2) Registered buyer permit. Any

person who receives IFQ halibut or IFQ

sablefish from the person(s) that

harvested the fish must possess a

registered buyer permit, except under

conditions of paragraph (d)(2) (i), (ii), or

(iii) of this section. A registered buyer

permit also is required of any person

who harvests IFQ halibut or IFQ

sablefish and transfers such fish:

(i) In a dockside sale;

(ii) Outside of an IFQ regulatory area;

or

(iii) Outside the State of Alaska.

(3) Permit issuance—(i) IFQ permits

and cards—(A) Issuance. IFQ permits

and cards will be renewed or issued

annually by the Regional Director to

each person with approved QS for IFQ

halibut or IFQ sablefish allocated in

accordance with this section.

(B) IFQ permit. Each IFQ permit

issued by the Regional Director will

identify the permitted person and will

be accompanied by a statement that

specifies the amount of IFQ halibut or

IFQ sablefish that person may harvest

from a specified IFQ regulatory area

using fixed gear and a vessel of a

specified vessel category.

(C) IFQ card. Each IFQ card issued by

the Regional Director will display an

IFQ permit number and the individual

authorized by the IFQ permit holder to

land IFQ halibut or IFQ sablefish for

debit against the permit holder’s IFQ.

(ii) Registered buyer permits.

Registered buyer permits will be

renewed or issued annually by the

Regional Director to persons that have a

registered buyer application approved

by the Regional Director.

(4) Duration—(i) IFQ permit. An IFQ

permit authorizes the person identified

on the permit to harvest IFQ halibut or

IFQ sablefish from a specified IFQ

regulatory area at any time during an

open fishing season during the fishing

year for which the IFQ permit is issued

until the amount harvested is equal to

the amount specified under the permit,

or until it is revoked, suspended, or

modified under 15 CFR part 904.

(ii) IFQ card. An IFQ card authorizes

the individual identified on the card to

land IFQ halibut or IFQ sablefish for

debit against the specified IFQ permit

until the card expires, or is revoked,

suspended, or modified under 15 CFR

part 904, or cancelled on request of the

IFQ permit holder.

(iii) Registered buyer permit. A

registered buyer permit authorizes the

person identified on the permit to

receive or make an IFQ landing by an

IFQ permit or card holder at any time

during the fishing year for which it is

issued until the registered buyer permit

expires, or is revoked, suspended, or

modified under 15 CFR part 904.

(5) Transfer. The IFQ permits issued

under this section are not transferable,

except as provided under § 679.41. IFQ

cards and registered buyer permits

issued under this paragraph (d) are not

transferable.

(6) Inspection—(i) IFQ permit. A

legible copy of any IFQ permit issued

under this section must be carried on

board the vessel used by the permitted

person to harvest IFQ halibut or IFQ

sablefish at all times that such fish are

retained on board.

(ii) IFQ card. Except as specified in

§ 679.42(d), an individual that is issued

an IFQ card must remain on board 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.

(iii) Registered buyer permit. 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.

(e) Halibut/sablefish CDQ permits and

CDQ cards. See § 679.33(a) and (b).

(f) Federal processor permit—(1)

General—(i) Applicability. In addition

to the permit and licensing

requirements prescribed in part 301 of

this title and paragraphs (b) and (d) of

this section, and except as provided in

paragraph (f)(1)(ii) of this section, a

processor of fish from a Research Plan

fishery must have a Federal processor

permit issued by the Regional Director.

(ii) Exception. Any fisherman who

transfers fish outside the United States,

or any fisherman who sells fish directly

to a restaurant or to an individual for

use as bait or for personal consumption

is not required to have a Federal

processor permit.

(iii) Fee. A Federal processor permit

will be issued without charge.

(2) Application. A complete

application for a Federal processor

permit must include the following for

each vessel or processor:

(i) The annual period for which the

permit is requested.

(ii) The Research Plan fishery or

fisheries for which the permit is

requested.

(iii) If the application is for an

amended permit, the current Federal

processor permit number and an

indication of the information that is

being amended.
31240 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) The processor owner’s name or

names, business mailing address,

telephone number, and fax number.

(v) If the processor is a shoreside

processor, the plant’s name, business

mailing address, ADF&G Processor

Code, telephone number, and fax

number.

(vi) If the processor is a vessel, the

vessel’s name, home port, net tonnage,

LOA, USCG number, telephone number,

fax number, INMARSAT (satellite

communications) number, and ADF&G

number.

(vii) The applicant’s name, signature,

and date.

(3) Issuance. (i) Permits required

under paragraph (f)(1)(i) of this section

will be issued annually by the Regional

Director.

(ii) The Regional Director will issue a

permit required under paragraph (f)(1)(i)

of this section upon receipt of a

complete application.

(iii) Upon receipt of an incomplete or

improperly completed application, the

Regional Director will notify the

applicant of the deficiency. No permit

will be issued to an applicant until a

complete application is submitted.

(4) Duration. The Federal processor

permit issued by the Regional Director

will continue in full force and effect

through December 31 of the year for

which it is issued, or until it is revoked,

suspended, or modified under

§§ 600.735 and 600.740 of this chapter.

(5) Transfer. Permits issued under this

paragraph (f) are not transferable or

assignable.

(6) Validity. Each permit issued under

this paragraph (f) is valid only for the

vessel or processor for which it is

issued.

(7) Inspection. (i) The permit issued

under this paragraph (f) must be

maintained on the processor vessel or at

the shoreside processor.

(ii) The permit must be available for

inspection upon request by an

authorized officer or any employee of

NMFS, ADF&G, or the Alaska

Department of Public Safety designated

by the Regional Director, Commissioner

of ADF&G, or Commissioner of the

Alaska Department of Public Safety.

(g) King and Tanner crab permits. All

processors of BSAI king and Tanner

crab must comply with permit

requirements contained in paragraph (f)

of this section.

§ 679.5 Recordkeeping and reporting.

(a) General requirements—(1)

Applicability, Federal fisheries permit.

The following must comply with the

recordkeeping and reporting

requirements of this section:

(i) Any catcher vessel, mothership,

catcher/processor, or tender vessel, 5

net tons or larger, that is 60 ft (18.3 m)

and over LOA, and is required to have

a Federal fisheries permit under § 679.4.

(ii) Any shoreside processor,

mothership, or buying station that

receives groundfish from vessels

required to have a Federal fisheries

permit under § 679.4. A shoreside

processor, mothership, or buying station

subject to recordkeeping and reporting

requirements must report all groundfish

and prohibited species received,

including:

(A) Fish received from vessels not

required to have a Federal fisheries

permit.

(B) Fish received under contract for

handling or processing for another

processor.

(2) Applicability, Federal processor

permit. Any processor that retains fish

from a Research Plan fishery is

responsible for complying with the

applicable recordkeeping and reporting

requirements of this section.

(3) Responsibility. The operator of a

catcher vessel, catcher/processor,

mothership, or buying station receiving

from a catcher vessel and delivering to

a mothership (hereafter referred to as

the operator) and the manager of a

shoreside processor or buying station

receiving from a catcher vessel and

delivering to a shoreside processor

(hereafter referred to as the manager) are

each responsible for complying with the

applicable recordkeeping and reporting

requirements of this section. In

addition, the owner of a vessel,

shoreside processor, or buying station

must ensure that the operator, manager,

or representative (see paragraph (b) of

this section) complies with these

requirements and is responsible for

compliance.

(4) Groundfish logbooks and forms.

The Regional Director will prescribe and

provide groundfish logbooks and forms

required under this section as shown in

Table 9 of this part. The operator or

manager must use these logbooks and

forms or obtain approval from the

Regional Director to use electronic

versions of the logbooks and forms.

(5) Participant identification

information. The operator or manager

must record on all required records,

reports, and logbooks:

(i) The name of the catcher vessel,

catcher/processor, mothership,

shoreside processor, or buying station as

displayed in official documentation.

(ii) If a vessel, the Federal fisheries

permit number and ADF&G vessel

number (if applicable).

(iii) If a processor, the Federal

processor permit number and ADF&G

processor number.

(iv) If a buying station, the name and

ADF&G vessel number (if applicable) of

the buying station; the name, ADF&G

processor number, and Federal

processor permit number of associated

processor.

(v) If a shoreside processor or buying

station delivering to a shoreside

processor, the geographic location of

operations.

(vi) If a representative, the name,

daytime business telephone number

(including area code), fax or telex

number, and the COMSAT number (if

applicable) of the representative.

(6) Maintenance of records. (i) The

operator or manager must maintain all

records, reports, and logbooks in a

legible, timely, and accurate manner; in

English; if handwritten, in indelible ink;

if computer-generated, a printed, paper

copy; and based on A.l.t.

(ii) The operator or manager must

account for each day of the fishing year,

starting with January 1 and ending with

December 31, and the time periods must

be consecutive in the logbook.

(iii) When applicable, the operator or

manager must record in each report,

form, and logbook the following

information:

(A) Page number. Number the pages

in each logbook consecutively,

beginning with page one and continuing

throughout the logbook for the

remainder of the fishing year, except

that the manager of a shoreside

processor must number the DCPL pages

within Part I and Part II separately,

beginning with page one.

(B) Date, presented as month-dayyear.

(C) Time, in military format to the

nearest hour, A.l.t.

(D) Position coordinates, latitude and

longitude to the nearest minute

(Optional: Record to the nearest second

or fraction of minute).

(E) Reporting area codes, given in

Figures 1 and 3 of this part.

(F) Species codes, each target species,

the ‘‘other species’’ category, and

prohibited species under § 679.21(b),

using the species codes given in Table

2 of this part.

(G) Original/revised report. If a report

is the first one submitted to the Regional

Director for a given date, gear type, and

reporting area, the report should be

labeled, ‘‘ORIGINAL REPORT.’’ If the

report is a correction to a previously

submitted report for a given date, gear

type, and reporting area, the report

should be labelled, ‘‘REVISED

REPORT.’’

(H) Weights. Landings, product, and

discards of groundfish and herring must

be recorded in pounds or to the nearest

0.01 mt on all forms and logbooks.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31241

(7) Active and inactive periods. The

operator or manager must, in the DFL,

DCL, or DCPL:

(i) Account for each day of the fishing

year by indicating active and inactive

periods as defined under § 679.2.

(ii) Use a separate logbook page for

each day of an active period.

(iii) Indicate on one page the first and

last day of an inactive period.

(iv) Indicate all fishing activity, which

is defined for each type of vessel as

follows:

(A) If a catcher vessel—harvest or

discard of groundfish.

(B) If a catcher/processor—harvest,

discard, or processing of groundfish.

(C) If a mothership or shoreside

processor—receipt, discard, or

processing of groundfish.

(D) If a buying station—receipt,

discard, or delivery of groundfish.

(v) If in an active period and

conducting fishing activity, the operator

or manager must record:

(A) The gear type used to harvest the

groundfish. If a catcher vessel or

catcher/processor and using hook-andline longline gear, the average number

of hooks per skate.

(B) The reporting area code where

gear retrieval was completed; whether

gear retrieval was in Federal or Alaska

State waters.

(C) If a catcher vessel, whether a

NMFS-certified observer is aboard the

vessel. If a catcher/processor,

mothership, or shoreside processor, the

number of NMFS-certified observers

aboard or on site.

(D) The number of crew, except for

certified observer(s).

(E) Whether harvest is under a CDQ

program; if yes, the CDQ number.

(F) If a catcher vessel or buying

station, the name and ADF&G processor

number of the mothership or shoreside

processor to which groundfish

deliveries were made.

(vi) If in an active period and not

conducting fishing activity, the operator

or manager must indicate ‘‘NO FISHING

ACTIVITY’’ and briefly describe the

reason.

(8) Landings information. The

manager of a shoreside processor must:

(i) Record and report groundfish

landings by species codes and product

codes as defined in Tables 1 and 2 of

this part for each reporting area,

whether from Alaska State waters or

Federal waters, gear type, and CDQ

number.

(ii) Record in the DCPL each day on

the day such landings occur, the

following additional information:

(A) The daily combined scale weight

of landings retained for processing from

a catcher vessel or any associated

buying station, in pounds or to at least

the nearest 0.01 mt.

(B) If more than one page is used

during a weekly reporting period, the

total amount of landings carried forward

from the previous page.

(C) At the end of each weekly

reporting period, the cumulative total

weight, calculated by adding the daily

totals and total carried forward for that

week.

(iii) If no landings occurred, write

‘‘NO LANDINGS’’ for that day.

(9) Product information. The operator

of a catcher/processor or mothership or

the manager of a shoreside processor

must, where required:

(i) Record and report groundfish

products by species codes, product

codes, and product designations as

defined in Tables 1 and 2 of this part for

each reporting area, whether in Alaska

State waters or Federal waters, gear

type, and CDQ number.

(ii) Record in the DCPL each day on

the day such production occurs, the

daily total, balance brought forward

(except for shoreside processor), and

cumulative total fish product weight for

each product of groundfish in pounds,

or to at least the nearest 0.01 mt.

(iii) If no production occurred, write

‘‘NO PRODUCTION’’ for that day.

(10) Discarded/donated species

information—(i) General. The operator

or manager must record and report

discards and donations by species codes

and discard product codes as defined in

Tables 1 and 2 of this part for each

reporting area, whether in Alaska State

waters or Federal waters, gear type, and

CDQ number.

(A) The operator or manager must

record the estimated daily total, balance

brought forward, and cumulative total

round fish weight in the DFL, DCL, or

DCPL each day on the day discards and

donations occur for each discard or

donation of groundfish species,

groundfish species groups, and Pacific

herring in pounds, or to at least the

nearest 0.01 mt.

(B) The operator or manager must

record the estimated daily total balance

brought forward, and cumulative total

numbers in the DFL, DCL, or DCPL each

day on the day discards or donations

occur for each discard and donation of

Pacific salmon, steelhead trout, halibut,

king crab, and Tanner crab.

(C) If there were no discards or

donations, write ‘‘NO DISCARDS’’, ‘‘0’’,

or ‘‘ZERO’’ for that day.

(ii) Catcher vessel discards/donations.

(A) For deliveries of unsorted codends,

the catcher vessel is exempt from

recording discards in the DFL and from

submittal of the blue logsheet (discards

copy) for that delivery. The operator of

the catcher vessel is required to check

the box entitled ‘‘unsorted codend,’’ and

the blue DFL logsheet (discards copy)

remains in the DFL.

(B) For presorted deliveries or in the

event a catcher vessel has ‘‘bled’’ a

codend prior to delivery to a processor,

the operator of the catcher vessel must

check the ‘‘presorted delivery’’ box,

enter the amount of discards or

donations by species, and submit the

blue DFL logsheet (discards copy) to the

mothership, buying station, or shoreside

processor with each harvest delivery.

(iii) Buying station discards/

donations. (A) The operator or manager

of a buying station must record in the

DCL on a daily basis on the day discard

occurs, all discards or donations that

occur after receipt of harvest from a

catcher vessel and prior to delivery of

harvest to a mothership or shoreside

processor.

(B) If a blue DFL logsheet is received

from a catcher vessel and contains

reports of discards or donations, the

operator or manager of a buying station

must record in the DCL the discards and

donations on the day the DFL logsheet

is received from the catcher vessel.

(iv) Catcher/processor discards/

donations. The operator of a catcher/

processor must record in the DCPL on

the day discards or donations occur, all

discards or donations that occur prior to

harvest, during harvest, and during

processing.

(v) Mothership or shoreside processor

discards/donations. (A) The operator of

a mothership or manager of a shoreside

processor must record in the DCPL on

a daily basis on the day discards or

donations occur, all discards or

donations that occur on site after receipt

of groundfish, and all discards or

donations that occur during processing

of groundfish.

(B) If an unsorted codend is received

from a catcher vessel, the catcher vessel

is not required to submit a blue discard

logsheet to the mothership or shoreside

processor. The operator of a mothership

or manager of a shoreside processor

must sort the catch received from the

unsorted codends and must record the

discards by species in the DCPL as

discard at sea on the day the harvest is

received from the catcher vessel.

(C) If discards are reported on a blue

DFL logsheet from a catcher vessel

delivering a presorted codend or if a

catcher vessel reports an amount bled at

sea, the operator of a mothership or

manager of a shoreside processor must

record in the DCPL the discards on the

day the DFL logsheet is received from

the catcher vessel.

(D) If a yellow DCL logsheet is

received from a buying station and
31242 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

discards or donations are reported, the

operator of a mothership or manager of

a shoreside processor must record in the

DCPL the discards or donations on the

day the DCL logsheet is received from

the buying station.

(11) Contract processing. (i) The

manager of a shoreside processor or

operator of a mothership who receives

groundfish to be handled or processed

under contract for another processor or

business entity must report these fish to

the Regional Director consistently

throughout a fishing year using one of

the following two methods:

(A) Record landings (if applicable),

discards, and products of contractprocessed groundfish routinely in the

DCPL without separate identification; or

(B) Record landings (if applicable),

discards, and products of contractprocessed groundfish in a separate

DCPL identified by the name, Federal

processor permit number, Federal

fisheries permit number (if applicable),

and ADF&G processor code of the

associated business entity.

(ii) If contract-processed groundfish

records are kept separately from the

routine DCPL, the operator of the

mothership or manager of the shoreside

processor must summarize and report

that information on a WPR identified by

the name, Federal processor permit

number, Federal fisheries permit

number (if applicable), and ADF&G

processor code of the associated

business entity.

(12) Alteration of records. (i) The

operator, manager, or any other person

may not alter or change any entry or

record in a logbook, except that an

inaccurate or incorrect entry or record

may be corrected by lining out the

original and inserting the correction,

provided that the original entry or

record remains legible.

(ii) No person except an authorized

officer may remove any original page of

any logbook.

(13) Inspection of records. The

operator or manager must make all

logbooks, reports, and forms required

under this section available for

inspection upon the request of an

authorized officer.

(14) Submittal of logbooks, reports

and forms—(i) Logbooks. (A) The

operator of a catcher vessel, catcher/

processor, or mothership, or the

manager of a shoreside processor must

submit the yellow logsheets on a

quarterly basis to the NMFS Alaska

Fisheries Science Center, Logbook

Program, Seattle, WA, as follows: First

quarter, by May 1 of that fishing year;

second quarter, by August 1 of that

fishing year; third quarter, by November

1 of that fishing year; and fourth quarter,

by February 1 of the following fishing

year.

(B) During an inactive period that

extends across two or more successive

quarters, the operator or manager must

complete two logsheets: One to indicate

the last day of the first inactive quarter

and the next page to indicate the first

day of the second inactive quarter.

(ii) Reports and forms. Reports and

forms may be submitted by the operator

or manager by:

(A) Using the NMFS printed form and

faxing it to the fax number on the form;

or

(B) Transmitting a data file with

required information and forms to

NMFS by modem or satellite

(specifically INMARSAT standards A,

B, or C).

(15) Record retention—(i) Original.

(A) The operator of a catcher vessel,

catcher/processor, or mothership, and

the manager of a shoreside processor,

must retain the original (white) copy of

all logbooks and a paper copy of all

reports and forms, including those

reports and forms that were originally

submitted electronically and must make

these documents available for

inspection by an authorized officer:

(1) On site until the end of the fishing

year during which the records were

made and for as long thereafter as fish

or fish products recorded in the

logbook, reports, and forms are retained.

(2) For 3 years after the end of the

fishing year during which the records

were made.

(B) The operator or manager of a

buying station must retain the original

(white) copy of all DCLs on site until the

buying station has concluded receiving

groundfish from a catcher vessel for

delivery to a shoreside processor or

mothership and for as long as fish and

fish products recorded in the DCL are

retained by the buying station.

(ii) Yellow DCL logsheet. The operator

of a mothership or manager of a

shoreside processor must retain a

photocopy of the yellow DCL logsheets

submitted to NMFS under paragraph

(a)(14) of this section that were received

from associated buying stations until the

mothership or shoreside processor

receives the original DCL.

(iii) Blue DFL logsheet. (A) The

operator of a mothership and the

manager of a shoreside processor must

retain the blue DFL logsheets (discard

reports) submitted to them by operators

of catcher vessels through the last day

of the fishing year during which the

records were made.

(B) The operator or manager of a

buying station must submit to the

mothership or shoreside processor any

blue logsheets (discard report) received

from catcher vessels delivering

groundfish to the buying station.

(iv) Pink DCL logsheet. The operator

or manager of a buying station must

retain the pink DCL logsheets for 3 years

after the end of the fishing year during

which the records were made.

(16) Integration of buying station

records. (i) The operator or manager of

a buying station must maintain a

separate DCL for each mothership or

shoreside processor to which the buying

station delivers groundfish during a

fishing year.

(ii) The operator or manager of a

buying station must submit upon

delivery of catch the yellow DCL

logsheets to the shoreside processor or

mothership to which it delivers

groundfish, along with the blue DFL

logsheets and ADF&G fish tickets or

catch receipts for that delivery.

(iii) Upon conclusion of receiving

groundfish for a shoreside processor or

mothership, the operator or manager of

a buying station must submit the

original DCL to the manager of a

shoreside processor or operator of a

mothership to which deliveries were

made.

(iv) If the mothership or shoreside

processor receives fish from a buying

station, the operator of the mothership

or manager of the shoreside processor

must incorporate all of the DCL

information into the DCPL.

(b) Representative. The operator of a

catcher vessel, mothership, catcher/

processor, or buying station delivering

to a mothership or manager of a

shoreside processor or buying station

delivering to a shoreside processor may

identify one person to fill out and sign

the logbook, complete the recordkeeping

and reporting forms, or both, and to

identify the contact person for inquiries

from NMFS. Designation of a

representative under this paragraph

does not relieve the owner, operator, or

manager of responsibility for

compliance under paragraph (a)(3) of

this section.

(c) Catcher vessel DFL and catcher/

processor DCPL—(1) Pair trawls. If two

catcher vessels are dragging a trawl

between them (pair trawl), a separate

DFL must be maintained by each vessel.

Each vessel operator must log the

amount of the catch retained by that

vessel and any fish discarded by the

vessel.

(2) Time limit and submittal. (i) The

operator of a catcher vessel or catcher/

processor must record in the DFL or

DCPL, the time, position, and estimated

groundfish catch weight within 2 hours

after gear retrieval.

(ii) The operator of a catcher vessel

must record all other information
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31243

required in the DFL by noon of the day

following gear retrieval.

(iii) The operator of a catcher/

processor must record all other

information required in the DCPL by

noon of the day following completion of

production.

(iv) The operator of a catcher vessel

must submit the blue DFL logsheets

with delivery of the harvest to the

operator of a mothership or a buying

station delivering to a mothership, or to

the manager of a shoreside processor or

buying station delivering to a shoreside

processor.

(v) Notwithstanding other time limits,

the operator of a catcher vessel must

record all information required in the

DFL within 2 hours after the vessel’s

catch is offloaded.

(vi) Notwithstanding other time

limits, the operator of a catcher/

processor must record all information

required in the DCPL within 2 hours

after the vessel’s catch is offloaded.

(3) Information required—(i) General.

The operator of a catcher vessel or

catcher/processor must record on each

page:

(A) Page number as described in

paragraph (a)(6)(iii)(A) of this section.

(B) The start date and end date of the

fishing trip.

(C) If a catcher vessel, the vessel name

and ADF&G vessel registration number.

(D) If a catcher/processor, the name,

ADF&G processor number, and Federal

processor number of the catcher/

processor.

(E) The signature of the operator of

the catcher vessel or catcher/processor.

(F) Whether catcher vessel or catcher/

processor is in an active or inactive

period as described in paragraph (a)(7)

of this section.

(ii) Haul/set information. The

operator of a catcher vessel or catcher/

processor must record the following for

each haul or set:

(A) Date (month-day-year).

(B) The number of haul or set, by

sequence; begin time and position

coordinates of gear deployment; average

sea depth and average gear depth,

recorded to the nearest meter or fathom.

(C) The date, time, and position

coordinates of gear retrieval. If the

vessel is using longline hook-and-line

gear, the number of skates set. If the

vessel is using longline pot or single pot

gear, the total number of pots set.

(D) The estimated total round fish

weight of the groundfish catch.

(E) The species code of the intended

target species from Table 2 of this part.

(F) The estimated IFQ sablefish

amounts in the ‘‘comments’’ column.

(iii) Discard/donated species

information. The operator of a catcher

vessel or catcher/processor must record

discard/donation information as

described in paragraph (a)(10) of this

section.

(iv) Catcher vessels. If a catcher

vessel, the operator must record:

(A) The date of delivery.

(B) The name, ADF&G processor code,

and ADF&G fish ticket number(s)

provided by the operator of the

mothership or buying station delivering

to a mothership, or the manager of a

shoreside processor or buying station

delivering to a shoreside processor.

(v) Catcher/processors. If a catcher/

processor, the operator must record

product information as set forth in

paragraph (a)(9) of this section.

(d) Buying station DCL—(1) Time

limits. (i) The operator or manager of

each buying station subject to this part

must record entries in the DCL as to

catcher vessel delivery information

within 2 hours after completion of

receipt of the groundfish.

(ii) All other information required in

the DCL must be recorded by noon of

the day following the day the receipt of

groundfish was completed or discard

occurred.

(2) Information required—(i) General.

The operator or manager of a buying

station must record for each page:

(A) Page number as described in

paragraph (a)(6)(iii)(A) of this section.

(B) The date.

(C) The buying station name and, if a

vessel, the ADF&G vessel number.

(D) The operator’s or manager’s

signature.

(E) Whether the buying station is in

an active or inactive period as described

in paragraph (a)(7) of this section.

(F) The name and ADF&G processor

code of the mothership or shoreside

processor to which groundfish

deliveries were made.

(G) The number of crew.

(ii) Groundfish deliveries. The

operator or manager of a buying station

must record the following information

for each delivery of groundfish:

(A) The ADF&G fish ticket number

issued to each catcher vessel delivering

groundfish. If a fish ticket was not

issued, the catch receipt number of the

transaction.

(B) Whether blue DFL logsheets were

received from the catcher vessel

delivering the groundfish.

(C) The time when receipt of

groundfish catch was completed.

(D) The name and ADF&G vessel

registration number of the catcher vessel

delivering the groundfish.

(E) The total groundfish delivery

weight.

(iii) Discard/donated species

information. The operator or manager of

the buying station must record discard/

donation information as described in

paragraph (a)(10) of this section.

(e) Mothership DCPL—(1) Time limits.

(i) The operator of each mothership

must record entries in the DCPL as to

catcher vessel or buying station delivery

information within 2 hours after

completion of the groundfish receipt.

(ii) All other information required in

the DCPL must be recorded by noon of

the day following the day the catch

receipt, discard, or production occurred.

(2) Information required—(i) General.

The operator of each mothership must

record on each page:

(A) Page number as described in

paragraph (a)(6)(iii)(A) of this section.

(B) The date.

(C) The name, ADF&G processor

number, and Federal processor number.

(D) The operator’s signature.

(E) Whether mothership is in an

active or inactive period as described in

paragraph (a)(7) of this section.

(ii) Deliveries. The operator or each

mothership must record for each

delivery:

(A) Whether delivery is from a catcher

vessel or a buying station.

(B) The name and ADF&G vessel

registration number (if applicable) of the

catcher vessel or buying station

delivering the groundfish.

(C) The time and position coordinates

of the mothership when groundfish

catch is received.

(D) The estimated total ground fish

weight of the groundfish catch.

(E) The ADF&G fish ticket number

issued to each catcher vessel delivering

groundfish. If a fish ticket is not issued,

record the catch receipt number of the

transaction.

(iii) Discard/donation. The operator of

each mothership must record discard/

donation information as described in

paragraph (a)(10) of this section.

(iv) Production information. The

operator of each mothership must

record product information as described

in paragraph (a)(9) of this section.

(f) Shoreside processor DCPL—(1)

Time limits. (i) The manager of each

shoreside processor must record in the

DCPL all catcher vessel or buying

station delivery information within 2

hours after completion of the groundfish

receipt.

(ii) All other information required in

the DCPL must be recorded by noon of

the day following the day the catch

receipt, discard, or production occurred.

(2) Information required—(i) Part IA.

The manager of each shoreside

processor must record on each page:

(A) If a page is for an individual day,

the date. If a page is for 1 week, the

week-ending date. See also paragraph

(a)(6)(iii)(A) of this section.
31244 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(B) Participant identification

information as described in paragraph

(a)(5) of this section.

(C) The signature of the manager.

(D) Whether the shoreside processor

is in an active or inactive period as

described in paragraph (a)(7) of this

section.

(ii) Part IB. The manager of each

shoreside processor must record the

following information for each delivery:

(A) Date and time when receipt of

groundfish catch was completed.

(B) Whether delivery is from catcher

vessel or buying station.

(C) Whether blue DFL logsheets were

submitted by catcher vessel.

(D) The name and ADF&G vessel

registration number (if applicable) of the

catcher vessel or buying station

delivering the groundfish.

(E) The total scale weight of

groundfish delivery in pounds or to the

nearest 0.01 mt.

(F) The ADF&G fish ticket number

issued to the catcher vessel delivering

groundfish. If a fish ticket is not issued,

record the catch receipt number of the

transaction.

(iii) Landings information, Part IC.

The manager must record:

(A) The date next to the appropriate

day of the week (SUN through SAT).

(B) Landings information as described

in paragraph (a)(8) of this section.

(iv) Discarded/donated species

information (Part ID). The manager of

each shoreside processor must record:

(A) The date next to the appropriate

day of the week (SUN through SAT).

(B) Discard information, as described

in paragraph (a)(10) of this section.

(v) Part II. The manager of each

shoreside processor must record:

(A) Page numbers must be

consecutive within Part II, beginning

with page one for the first day product

was produced after the start of the

fishing year and continuing throughout

the section for the remainder of the

fishing year.

(B) The name, ADF&G processor code

number, and Federal processor number

of shoreside processor.

(C) The signature of the manager of

the shoreside processor.

(D) Product information. (1) The

week-ending date.

(2) The management area (BSAI or

GOA).

(3) The date next to the appropriate

day of the week (SUN through SAT).

(4) Product information as described

in paragraph (a)(9) of this section.

(g) Groundfish Product Transfer

Report (PTR)—(1) Applicability. (i) The

operator of a mothership or catcher/

processor or the manager of a shoreside

processor must record each transfer of

groundfish product on a separate PTR.

(ii) The manager of a shoreside

processor must report on a PTR those

fish products that are subsequently

transferred to an offsite meal reduction

plant.

(iii) The operator of a mothership or

catcher/processor or manager of a

shoreside processor must report on a

PTR, daily sales or transfer of

groundfish to vessels for bait. Individual

sales of groundfish for bait purposes

during a day may be aggregated when

recording the amount of product leaving

a facility that day.

(2) Time limits and submittal. The

operator of a mothership or catcher/

processor or manager of a shoreside

processor must:

(i) Record all product transfer

information on a PTR within 2 hours of

the completion of the transfer.

(ii) Submit by fax a copy of each PTR

to the Regional Director within 24 hours

of completion of transfer.

(3) Information required—(i) General.

The operator of a mothership or catcher/

processor or manager of a shoreside

processor must record on each page of

a PTR:

(A) Whether the PTR is an original or

revised report, as described in

paragraph (a)(6)(iii)(G) of this section.

(B) Page numbers must be numbered

consecutively, starting with the first

transfer of the fishing year as page 1 and

continuing throughout the remainder of

the fishing year.

(C) ‘‘RECEIPT,’’ if product (including

raw fish) is received; ‘‘OFFLOAD,’’ if

product (including raw fish) is offloaded

from a mothership or catcher/processor;

‘‘SHIPMENT,’’ if product (including raw

fish) is shipped from a shoreside

processor.

(D) Representative identification

information, as described in paragraph

(a)(5)(vi) of this section.

(E) If a catcher/processor or

mothership, the participant

identification information as described

in paragraph (a)(5) of this section and

USCG documentation number. If a

shoreside processor, the participant

identification information as described

in paragraph (a)(5) of this section.

(ii) Transfer information. The operator

of a catcher/processor or mothership or

manager of a shoreside processor must

record on each page the following

information for each transfer:

(A) If another vessel is involved with

the transfer, the name and call sign of

the vessel receiving or delivering

groundfish or groundfish products.

(B) If a mothership or catcher/

processor and the transfer takes place in

port, the port of landing and country, if

a foreign location.

(C) If the transfer is made to an agent,

the agent’s name. For purposes of this

section, ‘‘agent’’ is defined as the

transport company, the buyer, or the

distributor.

(D) Intended first destination of

product. (1) If an offload or shipment,

the intended destination of the vessel or

agent receiving the groundfish or

groundfish product.

(2) If an offload or shipment has

several destinations, the first intended

destination.

(3) If offload or shipment has a single

destination but requires loading on

multiple vans, trucks, or airline flights,

the transfer may be recorded on a single

PTR page.

(E) Date and time of product

transfer—(1) Start date. The date, as

described in paragraph (a)(6)(iii)(B) of

this section, and time, as described in

paragraph (a)(6)(iii)(C) of this section,

the transfer starts.

(2) Finish date. The date and time the

transfer is completed, as follows:

(i) If shipment is an individual van

load or flight, the date and time when

each shipment leaves the plant.

(ii) If shipment involves multiple vans

or trucks, the date and time when

loading of vans or trucks is completed

for each day.

(iii) If shipment involves airline

flights, record date, as described in

paragraph (a)(6)(iii)(B) of this section,

and time, as described in paragraph

(a)(6)(iii)(C) of this section, when the

last airline flight shipment of the day

leaves the plant.

(F) Position transferred. If a catcher/

processor or mothership and transfer of

product is made at sea, the transfer

position coordinates.

(iii) Products and quantities

offloaded, shipped, or received. The

operator of a catcher/processor or

mothership or manager of a shoreside

processor must record the following

information:

(A) If a catcher/processor or

mothership, the Harvest Zone code of

the area in which groundfish were

harvested as defined in Table 8 of this

part.

(B) The species code and product

code for each product transferred as

defined in Tables 1 and 2 of this part.

(C) The number of cartons or

production units transferred.

(D) The average net weight of one

carton for each species and product

code in kilograms or pounds.

(E) The total net weight (fish product

weight, to the nearest 0.01 mt) of the

products transferred.

(iv) Total or partial offload. If a

catcher/processor or mothership,

whether the transfer is a total or partial
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31245

offload. If partial offload, the total fish

product weight, to the nearest 0.01 mt,

of the products (by harvest zone, species

and product codes) remaining on board

after this transfer.

(h) Check-in/check-out report—(1)

Applicability—(i) Transit between

reporting areas. If a vessel is transiting

through a reporting area and is not

fishing or receiving fish, a check-in or

check-out report is not required from

that area.

(ii) Multiple vessel operations

categories—(A) Check-in report. If a

catcher/processor is functioning

simultaneously as a mothership in the

same reporting area, the operator must

submit a separate check-in report for

each vessel operations category.

(B) Check-out report. Upon

completion of each activity, the operator

must submit a check-out report for each

vessel operations category.

(2) Time limits and submittal—(i)

Check-in report (BEGIN message)—(A)

Catcher/processor. Before the operator

of a catcher/processor commences

harvest of groundfish in Alaska State or

Federal waters of any reporting area

except 300, 400, 550, or 690, the

operator must submit by fax a check-in

report (BEGIN message) to the Regional

Director.

(B) Mothership or buying station

delivering to a mothership. Before the

operator of a mothership or buying

station delivering to a mothership

commences receipt of groundfish from

Alaska State or Federal waters of any

reporting area except 300, 400, 550, or

690, the operator must submit by fax a

check-in report (BEGIN message) to the

Regional Director.

(C) Shoreside processor or buying

station delivering to a shoreside

processor. Before the manager of a

shoreside processor or buying station

delivering to a shoreside processor

commences receipt of groundfish from

Alaska State or Federal waters of any

reporting area except 300, 400, 550, or

690, the manager must submit by fax a

check-in report to the Regional Director.

(ii) Check-out report (CEASE

message)—(A) Catcher/processor. If a

catcher/processor departs a reporting

area or moves between Alaska State and

Federal waters in a reporting area, and

gear retrieval is complete from that area,

the operator must submit by fax a checkout report to the Regional Director

within 24 hours after departing a

reporting area or leaving either the

Alaska State or Federal part of a

reporting area.

(B) Mothership or buying station

delivering to a mothership. If a

mothership or buying station delivering

to a mothership completes receipt of

groundfish, the operator must submit by

fax a check-out report to the Regional

Director within 24 hours after departing

a reporting area or leaving either the

Alaska State or Federal part of a

reporting area.

(C) Shoreside processor. If a shoreside

processor, the manager must submit by

fax a check-out report to the Regional

Director within 48 hours after the end

of the applicable weekly reporting

period that a shoreside processor ceases

to process groundfish for the fishing

year or has not processed groundfish for

more than one weekly reporting period.

(D) Buying station delivering to a

shoreside processor. If a buying station

delivering to a shoreside processor, the

manager must submit by fax a check-out

report to the Regional Director within 48

hours after the applicable weekly

reporting period that a buying station

delivering to a shoreside processor

ceases to receive or deliver groundfish

for the fishing year or has not received

or delivered groundfish for more than

one weekly reporting period.

(E) End of fishing year. If a check-out

report has not previously been

submitted during a fishing year, the

operator or manager must submit a

check-out report at the end of that

fishing year, December 31.

(3) Information required—(i) General.

The operator of a catcher/processor,

mothership, or buying station delivering

to a mothership or the manager of a

shoreside processor or buying station

delivering to a shoreside processor must

record on each page:

(A) Whether it is an original or

revised report as described in paragraph

(a)(6)(iii)(G) of this section.

(B) Participant identification

information as described in paragraph

(a)(5) of this section.

(C) Representative identification

information as described in paragraph

(a)(5)(vi) of this section.

(D) For a mothership or catcher/

processor, the processor type and gear

type used to harvest the groundfish. If

groundfish are received by a mothership

in the same reporting area from more

than one gear type, or if groundfish are

caught by a catcher/processor in the

same reporting area using more than one

gear type, the operator must submit a

separate form for each gear type.

(E) Whether harvest is under a CDQ

Program; if yes, the CDQ number.

(F) If a buying station, the number of

crew on the last day of the reporting

week.

(ii) BEGIN message. The operator of a

catcher/processor, mothership, or

buying station delivering to a

mothership or the manager of a

shoreside processor or buying station

delivering to a shoreside processor must

record:

(A) For a catcher/processor, date and

time that gear is deployed. For a

mothership, date and time that receipt

of groundfish begins.

(B) For a catcher/processor, position

coordinates where gear is set. For a

mothership, position coordinates where

groundfish receipt begins.

(C) For a catcher/processor, the

reporting area code of gear deployment

and whether gear deployment was in

Federal or Alaska State waters. For a

mothership or buying station delivering

to a mothership, the reporting area code

where groundfish receipt begins and

whether receipt of groundfish occurred

in Federal or Alaska State waters.

(D) For a shoreside processor, the date

receipt of groundfish will begin,

whether checking in for the first time in

fishing year or checking in to restart

receipt and processing of groundfish

after filing a check-out report.

(E) For a mothership or catcher/

processor, the primary and secondary

species expected to be harvested. For a

buying station, the intended primary

target expected to be harvested. A

change in intended target species within

the same reporting area does not require

a new BEGIN message.

(iii) CEASE message. The operator of

a catcher/processor, mothership, or

buying station delivering to a

mothership or the manager of a

shoreside processor or buying station

delivering to a shoreside processor must

report:

(A) If a catcher/processor, mothership

or buying station delivering to a

mothership, the date, time and position

coordinates where the vessel departed

the reporting area or moved to Federal

waters from Alaska State waters within

a reporting area, or vice versa.

(B) If a shoreside processor or buying

station delivering to a shoreside

processor, the date that receipt of

groundfish ceased.

(iv) Fish or fish product held at plant.

The manager of a shoreside processor

must report the weight of the fish or fish

products in pounds or to the nearest

0.01 mt by species and product codes.

(i) Weekly Production Report (WPR)—

(1) Applicability. (i) The operator of a

catcher/processor or mothership or the

manager of a shoreside processor must

submit a WPR for any week the

mothership, catcher/processor, or

shoreside processor is checked in

pursuant to paragraph (h)(2)(i) of this

section.

(ii) The operator of a vessel that is

authorized to conduct operations as

both a catcher/processor and as a

mothership must submit separate WPRs
31246 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

to report production and discard as a

catcher/processor and production and

discard as a mothership.

(2) Time limits and submittal. The

operator or manager must submit a WPR

by fax to the Regional Director by 1200

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

the end of the applicable weekly

reporting period.

(3) Information required—(i) General.

The operator of a catcher/processor or

mothership, or the manager of a

shoreside processor must record on each

page:

(A) Whether an original or revised

report, as described in paragraph

(a)(6)(iii)(G) of this section.

(B) Participant identification

information as described in paragraph

(a)(5) of this section.

(C) Representative identification

information as described in paragraph

(a)(5)(vi) of this section and date WPR

was completed.

(D) If a mothership or catcher/

processor, the processor type and gear

type used to harvest the groundfish.

(E) Whether harvest is under a CDQ

Program; if yes, the CDQ number.

(F) The week-ending date.

(G) The primary and secondary target

codes for the next week.

(H) If a mothership or catcher/

processor, the number of crew on the

last day of the reporting week.

(ii) Landings information. The

manager of a shoreside processor must

report landings information as described

in paragraph (a)(8) of this section.

(iii) Discarded/donated species

information (Part ID). The operator of a

catcher/processor or mothership, or the

manager of a shoreside processor must

report discard/donated species

information as described in paragraph

(a)(10) of this section.

(iv) Product information. The operator

of a catcher/processor or mothership, or

the manager of a shoreside processor

must report product information as

described in paragraph (a)(9) of this

section.

(v) Catcher vessel delivery

information. If ADF&G fish tickets are

issued, the operator of the mothership

or manager of the shoreside processor

must list the fish ticket numbers issued

to catcher vessels for the weekly

reporting period.

(j) Daily Production Report (DPR)—(1)

Notification. If the Regional Director

determines that DPRs are necessary to

avoid exceeding a groundfish TAC or

prohibited species bycatch allowance,

NMFS may require submission of DPRs

from motherships, catcher/processors,

and shoreside processors for reporting

one or more specified species, in

addition to a WPR. NMFS will publish

notification in the Federal Register

specifying the fisheries that require

DPRs and the dates that submittal of

DPRs are required.

(2) Applicability. (i) If a catcher/

processor, mothership, or shoreside

processor is checked in to the specified

reporting area and is harvesting,

receiving, processing, or discarding the

specified species or is receiving reports

from a catcher vessel of discard at sea

of the specified species, the operator of

catcher/processor or mothership or the

manager of a shoreside processor must

submit a DPR.

(ii) The operator of a catcher/

processor or mothership or the manager

of a shoreside processor must use a

separate DPR for each gear type,

processor type, and CDQ number.

(3) Time limit and submittal. The

operator or manager must submit a DPR

by fax to the Regional Director by 1200

hours, A.l.t., the day following each day

of landings, discard, or production.

(4) Information required—(i) General.

The operator of a catcher/processor or

mothership, or the manager of a

shoreside processor must record on each

page:

(A) Whether it is an original or

revised report as described in paragraph

(a)(6)(iii)(G) of this section.

(B) Participant identification

information as described in paragraph

(a)(5) of this section, and processor type.

(C) Representative identification

information as described in paragraph

(a)(5)(vi) of this section.

(D) The gear type used to harvest the

groundfish, date landings were received,

and Federal reporting area where

landings were harvested.

(E) Whether harvest is under a CDQ

Program; if yes, the CDQ number.

(ii) Landings information. The

manager of a shoreside processor must

report landings information as described

in paragraph (a)(8) of this section.

(iii) Product information. The

operator of a mothership or catcher/

processor must report product

information as described in paragraph

(a)(9) of this section.

(iv) Discard/donated species

information. The operator of a

mothership or catcher/processor and the

manager of a shoreside processor must

report discard/donated species

information as described in paragraph

(a)(10) of this section.

(k) U.S. Vessel Activity Report

(VAR)—(1) Applicability. The operator

of a catcher vessel, catcher/processor, or

mothership regulated under this part

must submit a VAR by fax to NMFS

Alaska Enforcement Division, Juneau,

AK, before the vessel crosses the

seaward boundary of the EEZ off Alaska

or crosses the U.S.-Canadian

international boundary between Alaska

and British Columbia.

(2) Information required—(i) General.

The operator of each catcher vessel,

catcher/processor, or mothership must

record on each page:

(A) Whether an original or revised

report as described in paragraph

(a)(6)(iii)(G) of this section.

(B) Participant identification

information as described in paragraph

(a)(5) of this section.

(C) Representative identification

information as described in paragraph

(a)(5)(vi) of this section, and date VAR

was completed.

(D) If the vessel is crossing into the

seaward boundary of the EEZ off Alaska

or crossing the U.S.-Canadian

international boundary between Alaska

and British Columbia, the operator must

indicate ‘‘return’’ report.

(E) If the vessel is crossing out of the

seaward boundary of the EEZ off Alaska

or crossing the U.S.-Canadian

international boundary between Alaska

and British Columbia into Canadian

waters, the operator must indicate

‘‘depart’’ report.

(F) Port of landing.

(G) Whether the vessel is returning

from fishing or departing to fish in the

Russian Zone.

(H) Date and time the vessel will cross

the seaward boundary of the EEZ off

Alaska or the U.S.-Canadian

international boundary between Alaska

and British Columbia.

(I) Latitude and longitude at the point

of crossing the seaward boundary of the

EEZ off Alaska or U.S.-Canadian

international boundary between Alaska

and British Columbia.

(ii) Fish or fish products. The operator

of a catcher vessel, catcher/processor, or

mothership must record the fish or fish

product on board the vessel when

crossing the seaward boundary of the

EEZ off Alaska or U.S.-Canadian

international boundary as follows:

(A) The Harvest Zone code of the area

in which groundfish were harvested as

defined in Table 8 of this part.

(B) The species code and product

code for each species on board as

defined in Tables 1 and 2 of this part.

(C) The fish product weight of

products on board in pounds or to the

nearest 0.01 mt.

(l) IFQ recordkeeping and reporting

requirements. In addition to the

recordkeeping and reporting

requirements in this section and as

specified in part 301 of this title, the

following reports are required.

(1) IFQ landings report—(i) Prior

notice of IFQ landing. The operator of

any vessel making an IFQ landing must
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31247

notify the Alaska Region, NMFS, no less

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.

(A) Notification of an IFQ landing

must be made to the toll-free telephone

number specified on the IFQ permit

between the hours of 0600 hours, A.l.t.,

and 2400 hours, A.l.t.

(B) Notification must include: Name

and location of the registered buyer(s) to

whom the IFQ halibut or IFQ sablefish

will be landed, vessel identification,

estimated weight of the IFQ halibut or

IFQ sablefish that will be landed,

identification number(s) of the IFQ

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

halibut or IFQ sablefish, and anticipated

date and time of landing.

(ii) Registered buyer reports IFQ

landings. (A) A registered buyer must

report an IFQ landing in the manner

prescribed on the registered buyer

permit within 6 hours after all such fish

are landed and prior to shipment or

departure of the delivery vessel from the

landing site.

(B) An IFQ landing may be made only

between the hours of 0600 hours, A.l.t.,

and 1800 hours, A.l.t., 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 were started during the

period.

(iii) Verification and inspection. (A)

Each IFQ landing and all fish retained

on board the vessel making an IFQ

landing are subject to verification,

inspection, and sampling by authorized

officers, clearing officers, or observers.

Each IFQ halibut landing is subject to

sampling for biological information by

persons authorized by the IPHC.

(B) A copy of all reports and receipts

required by this section must be

retained by registered buyers and be

made available for inspection by an

authorized officer or a clearing officer

for a period of 3 years.

(iv) Information required. Information

contained in a complete IFQ landing

report shall include: Date, time, and

location of the IFQ landing; names and

permit numbers of the IFQ card holder

and registered buyer; product type

landed; and fish product weight of

sablefish and halibut landed.

(2) IFQ shipment report—(i)

Applicability. Each registered buyer,

other than those conducting dockside

sales, must report on a shipment report

any shipments or transfers of IFQ

halibut and IFQ sablefish to any

location other than the location of the

IFQ landing.

(ii) Submittal. (A) A shipment report

must be submitted to the Chief, RAM

Division, prior to shipment or transfer,

in a manner prescribed on the registered

buyer permit.

(B) A shipment report must specify:

Species and product type being

shipped, number of shipping units, fish

product weight, names of the shipper

and receiver, names and addresses of

the consignee and consignor, mode of

transportation, and intended route.

(iii) Registered buyer. A registered

buyer must assure that:

(A) Shipments of IFQ halibut or IFQ

sablefish from that registered buyer in

Alaska or in any IFQ regulatory area to

a destination outside Alaska or outside

an IFQ regulatory area do not commence

until the shipment report is received by

the Alaska Region, NMFS.

(B) A copy of the shipment report or

a bill of lading that contains the same

information accompanies the shipment

to all points of sale in Alaska and to the

first point of sale outside of Alaska.

(iv) Dockside sale and outside

landing. (A) A person holding a valid

IFQ permit, IFQ card, and registered

buyer permit may conduct a dockside

sale of IFQ halibut or IFQ sablefish to

a person who has not been issued a

registered buyer permit.

(B) The person making such an IFQ

landing must submit an IFQ landing

report in the manner prescribed in

paragraph (l)(1) of this section before

any fish are sold, transferred, or

removed from the immediate vicinity of

the vessel with which they were

harvested.

(C) A receipt that includes the date of

sale or transfer, the registered buyer

permit number, and the fish product

weight of the sablefish or halibut

transferred must be issued to each

individual receiving IFQ halibut or IFQ

sablefish through a dockside sale.

(D) A person holding a valid IFQ

permit, IFQ card, and registered buyer

permit may conduct a IFQ landing

outside an IFQ regulatory area or the

State of Alaska to a person who does not

hold a registered buyer permit. The

person making such an IFQ landing

must submit an IFQ landing report in

the manner prescribed in paragraph

(l)(1) of this section.

(v) Transshipment. (A) No person

may transship processed IFQ halibut or

IFQ sablefish between vessels without

authorization by a clearing officer.

Authorization must be obtained for each

instance of transshipment.

(B) An IFQ transshipper’s request for

authorization to transship must be

received by a clearing officer at least 24

hours before the transshipment is

intended to occur.

(3) IFQ vessel clearance—(i)

Applicability. A 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 and

provide the weight of IFQ halibut and

IFQ sablefish on board to the clearing

officer.

(ii) State of Alaska. A vessel obtaining

prelanding written clearance at a port in

the State of Alaska must obtain that

clearance prior to departing the waters

of the EEZ adjacent to the jurisdictional

waters of the State of Alaska, the

territorial sea of the State of Alaska, or

the internal waters of the State of

Alaska.

(iii) State other than Alaska. (A) A

vessel obtaining prelanding written

clearance at a port in a state other than

Alaska must provide a departure report

to NMFS, Alaska Region, prior to

departing the waters of the EEZ adjacent

to the jurisdictional waters of the State

of Alaska, the territorial sea of the State

of Alaska, or the internal waters of the

State of Alaska.

(B) The departure report must include

the weight of the IFQ halibut or IFQ

sablefish on board and the intended

date and time the vessel will obtain

prelanding written clearance at that port

in a state other than Alaska.

(iv) Foreign port other than Canada.

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.

(v) Canadian ports. No person shall

make an IFQ landing in Canada other

than at the ports of Port Hardy, Prince

Rupert, or Vancouver, British Columbia.

(vi) Reporting requirements. (A) A

vessel operator must land and report all

IFQ species on board at the same time

and place as the first landing of any

species harvested during a fishing trip.

(B) Any person requesting a vessel

clearance must have valid IFQ and

registered buyer permits and one or

more valid IFQ cards on board that

indicate that IFQ holdings are equal to

or greater than all IFQ halibut and IFQ

sablefish on board, and must report the

intended date, time, and location of IFQ

landing.

(C) Any person granted a vessel

clearance must submit an IFQ landing

report, required under this section, for

all IFQ halibut, IFQ sablefish, and

products thereof that are on board the

vessel at the first landing of any fish

from the vessel.

(vii) Inspection. A vessel seeking

clearance is subject to inspection of all

fish, log books, permits, and other

documents on board the vessel, at the

discretion of the clearing officer.
31248 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(viii) Primary ports. 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°26′30′′

Sitka ............... 57°03 135°20

Yakutat ........... 59°33 139°44′

§ 679.6 Experimental fisheries.

(a) General. For limited experimental

purposes, the Regional Director may

authorize, after consulting with the

Council, fishing for groundfish in a

manner that would otherwise be

prohibited. No experimental fishing

may be conducted unless authorized by

an experimental fishing permit issued

by the Regional Director to the

participating vessel owner in

accordance with the criteria and

procedures specified in this section.

Experimental fishing permits will be

issued without charge and will expire at

the end of a calendar year unless

otherwise provided for under paragraph

(e) of this section.

(b) Application. An applicant for an

experimental fishing permit shall

submit to the Regional Director, at least

60 days before the desired effective date

of the experimental fishing permit, a

written application including, but not

limited to, the following information:

(1) The date of the application.

(2) The applicant’s name, mailing

address, and telephone number.

(3) A statement of the purpose and

goal of the experiment for which an

experimental fishing permit is needed,

including a general description of the

arrangements for disposition of all

species harvested under the

experimental fishing permit.

(4) Technical details about the

experiment, including:

(i) Amounts of each species to be

harvested that are necessary to conduct

the experiment, and arrangement for

disposition of all species taken.

(ii) Area and timing of the

experiment.

(iii) Vessel and gear to be used.

(iv) Experimental design (e.g.,

sampling procedures, the data and

samples to be collected, and analysis of

the data and samples).

(v) Provision for public release of all

obtained information, and submission of

interim and final reports.

(5) The willingness of the applicant to

carry observers, if required by the

Regional Director, and a description of

accommodations and work space for the

observer(s).

(6) Details for all coordinating parties

engaged in the experiment and

signatures of all representatives of all

principal parties.

(7) Information about each vessel to

be covered by the experimental fishing

permit, including:

(i) Vessel name.

(ii) Name, address, and telephone

number of owner and master.

(iii) USCG documentation, state

license, or registration number.

(iv) Home port.

(v) Length of vessel.

(vi) Net tonnage.

(vii) Gross tonnage.

(8) The signature of the applicant.

(9) The Regional Director may request

from an applicant additional

information necessary to make the

determinations required under this

section. Any application that does not

include all necessary information will

be considered incomplete. An

incomplete application will not be

considered to be complete until the

necessary information is provided in

writing. An applicant for an

experimental fishing permit need not be

the owner or operator of the vessel(s) for

which the experimental fishing permit

is requested.

(c) Review procedures. (1) The

Regional Director, in consultation with

the Alaska Fishery Science Center, will

review each application and will make

a preliminary determination whether

the application contains all the

information necessary to determine if

the proposal constitutes a valid fishing

experiment appropriate for further

consideration. If the Regional Director

finds any application does not warrant

further consideration, the applicant will

be notified in writing of the reasons for

the decision.

(2) If the Regional Director determines

any application is complete and

warrants further consideration, he or

she will initiate consultation with the

Council by forwarding the application

to the Council. The Council’s Executive

Director shall notify the applicant of a

meeting at which the Council will

consider the application and invite the

applicant to appear in support of the

application, if the applicant desires. If

the Regional Director initiates

consultation with the Council, NMFS

will publish notification of receipt of

the application in the Federal Register

with a brief description of the proposal.

(d) Notifying the applicant. (1) The

decision of the Regional Director, after

consulting with the Council, to grant or

deny an experimental fishing permit is

the final action of the agency. The

Regional Director shall notify the

applicant in writing of the decision to

grant or deny the experimental fishing

permit and, if denied, the reasons for

the denial, including:

(i) The applicant has failed to disclose

material information required, or has

made false statements as to any material

fact, in connection with the application.

(ii) According to the best scientific

information available, the harvest to be

conducted under the permit would

detrimentally affect living marine

resources, including marine mammals

and birds, and their habitat in a

significant way.

(iii) Activities to be conducted under

the experimental fishing permit would

be inconsistent with the intent of this

section or the management objectives of

the FMP.

(iv) The applicant has failed to

demonstrate a valid justification for the

permit.

(v) The activity proposed under the

experimental fishing permit could

create a significant enforcement

problem.

(vi) The applicant failed to make

available to the public information that

had been obtained under a previously

issued experimental fishing permit.

(vii) The proposed activity had

economic allocation as its sole purpose.

(2) In the event a permit is denied on

the basis of incomplete information or

design flaws, the applicant will be

provided an opportunity to resubmit the

application, unless a permit is denied

because experimental fishing would

detrimentally affect marine resources,

be inconsistent with the management

objectives of the FMP, create significant

enforcement problems, or have

economic allocation as its sole purpose.

(e) Terms and conditions. The

Regional Director may attach terms and

conditions to the experimental fishing

permit that are consistent with the

purpose of the experiment, including,

but not limited to:

(1) The maximum amount of each

species that can be harvested and

landed during the term of the

experimental fishing permit, including

trip limitations, where appropriate.

(2) The number, sizes, names, and

identification numbers of the vessels
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31249

authorized to conduct fishing activities

under the experimental fishing permit.

(3) The time(s) and place(s) where

experimental fishing may be conducted.

(4) The type, size, and amount of gear

that may be used by each vessel

operated under the experimental fishing

permit.

(5) The condition that observers be

carried aboard vessels operated under

an experimental fishing permit.

(6) Reasonable data reporting

requirements.

(7) Such other conditions as may be

necessary to assure compliance with the

purposes of the experimental fishing

permit and consistency with the FMP

objectives.

(8) Provisions for public release of

data obtained under the experimental

fishing permit.

(f) Effectiveness. Unless otherwise

specified in the experimental fishing

permit or superseding notification or

regulation, an experimental fishing

permit is effective for no longer than 1

calendar year, but may be revoked,

suspended, or modified during the

calendar year. Experimental fishing

permits may be renewed following the

application procedures in paragraph (b)

of this section.

§679.7 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this chapter, it

is unlawful for any person to do any of

the following:

(a) Groundfish of the GOA and

BSAI—(1) Federal fisheries permit. Fish

for groundfish with a vessel of the

United States that does not have on

board a valid Federal fisheries permit

issued pursuant to § 679.4.

(2) Inseason adjustment. Conduct any

fishing contrary to notification of

inseason adjustment issued under

§ 679.25.

(3) Observer plan. Fish for groundfish

except in compliance with the terms of

an observer plan as provided by subpart

E of this part.

(4) Pollock roe. Retain pollock roe on

board a vessel in violation of

§ 679.20(g).

(5) Bycatch rate standard. Exceed a

bycatch rate standard specified for a

vessel under § 679.21(f).

(6) Gear. Deploy any trawl, longline,

single pot-and-line, or jig gear in an area

when directed fishing for, or retention

of, all groundfish by operators of vessels

using that gear type is prohibited in that

area, except that this paragraph (a)(6)

shall not prohibit:

(i) Deployment of hook-and-line gear

by operators of vessels fishing for

halibut during seasons governed by part

301 of this title.

(ii) Deployment of pot gear by

operators of vessels fishing for crab

during seasons governed by the State of

Alaska.

(iii) Deployment of jig gear by

operators of vessels fishing for salmon

during seasons governed by the State of

Alaska.

(7) Inshore/offshore (Applicable

through December 31, 1998).

(i) Operate any vessel in more than

one of the three categories included in

the definition of ‘‘inshore component,’’

in § 679.2, during any fishing year.

(ii) Operate any vessel under both the

‘‘inshore component’’ and ‘‘offshore

component’’ definitions in § 679.2

during the same fishing year.

(8) Fishing in Donut Hole. Except as

authorized by permit issued pursuant to

the section of the Donut Hole

Convention implementing legislation

authorizing NMFS to issue Donut Hole

fishing permits (Public Law 104–43,

section 104(d)), it is unlawful for any

person to:

(i) Fish in the Donut Hole from a

vessel for which a Federal fisheries

permit has been issued pursuant to

§ 679.4 during the year for which the

permit was issued.

(ii) Possess within the EEZ fish

harvested from the Donut Hole on board

a vessel for which a Federal fisheries

permit has been issued pursuant to

§ 679.4 during the year for which the

permit was issued.

(9) Authorized fishing gear. Retain

groundfish taken with other than

authorized fishing gear as defined in

§ 679.2, except that groundfish

incidentally taken by pot gear by a

vessel while participating in an open

crab season governed by the State of

Alaska may be retained for use as

unprocessed bait on board that vessel.

(10) Recordkeeping and reporting.

Fail to comply with or fail to ensure

compliance with requirements in

§ 679.5.

(11) Tender vessel. Use a catcher

vessel or catcher/processor as a tender

vessel before offloading all groundfish

or groundfish product harvested or

processed by that vessel.

(b) Prohibitions specific to GOA—(1)

Observer. Forcibly assault, resist,

impede, intimidate, or interfere with an

observer placed aboard a fishing vessel

pursuant to this part.

(2) Sablefish. Engage in directed

fishing for sablefish with hook-and-line

gear from a vessel that was used to

deploy hook-and-line gear within 72

hours prior to the opening of the

sablefish hook-and-line directed fishery.

(3) Halibut. With respect to halibut

caught with hook-and-line gear

deployed from a vessel fishing for

groundfish, except for vessels fishing for

halibut in accordance with part 301 of

this title:

(i) Fail to release the halibut outboard

a vessel’s rails.

(ii) Release the halibut by any method

other than—A) Cutting the gangion.

(B) Positioning the gaff on the hook

and twisting the hook from the halibut.

(C) Straightening the hook by using

the gaff to catch the bend of the hook

and bracing the gaff against the vessel or

any gear attached to the vessel.

(iii) Puncture the halibut with a gaff

or other device.

(iv) Allow the halibut to contact the

vessel, if such contact causes, or is

capable of causing, the halibut to be

stripped from the hook.

(4) Crab, when fishing for groundfish

with trawl gear. Except for pollock by

vessels using pelagic trawl gear, have on

board, at any particular time, 20 or more

crabs of any species that have a width

of more than 1.5 inches (38 mm) at the

widest dimension, and that are caught

with trawl gear when directed fishing

for groundfish with trawl gear.

(c) Prohibitions specific to BSAI—(1)

Trawl gear in Zone 1. Use a vessel to

fish with trawl gear in that part of Zone

1 closed to fishing with trawl gear:

(i) In violation of § 679.22(a)(1)(i) and

(a)(2)(i), unless specifically allowed by

NMFS as provided under

§ 679.22(a)(1)(ii) and (a)(2)(ii).

(ii) At any time when no scientific

data collection and monitoring program

exists or after such program has been

terminated.

(iii) Without complying fully with a

scientific data collection and monitoring

program.

(2) Incidental salmon. Discard any

salmon taken incidental to a directed

fishery for BSAI groundfish by vessels

using trawl gear until notified by a

NMFS-certified observer that the

number of salmon has been determined

and the collection of any scientific data

or biological samples has been

completed as provided in § 679.21(c)(1).

(3) Prohibited species. Conduct any

fishing contrary to a notification issued

under § 679.21.

(4) Crab, when fishing for pollock with

nonpelagic trawl gear. Have on board at

any particular time 20 or more crabs of

any species that have a width of more

than 1.5 inches (38 mm) at the widest

dimension, caught with trawl gear when

directed fishing for pollock with

nonpelagic trawl gear.

(d) CDQ (Applicable through

December 31, 1998). (1) Participate in a

Western Alaska CDQ program in

violation of subpart C of this part,

submit information that is false or

inaccurate with a CDP application or
31250 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

request for an amendment, or exceed a

CDQ as defined in § 679.2.

(2) Operate a vessel that harvests

pollock for credit to a CDQ allocation

when that allocation has been fully

harvested.

(e) Moratorium on entry. (1) Submit

false or inaccurate information on a

moratorium permit application or

application to transfer moratorium

qualification.

(2) Alter, erase, or mutilate any

moratorium permit.

(3) Catch and retain a moratorium

species with a vessel that has a LOA

greater than the maximum LOA for the

vessel.

(4) Catch and retain a moratorium

species with a vessel that has received

an unauthorized transfer of moratorium

qualification.

(5) Catch and retain moratorium crab

species or conduct directed fishing for

any moratorium groundfish species with

a vessel that has not been issued a valid

moratorium permit, unless the vessel is

lawfully conducting directed fishing for

sablefish under subparts C and D of this

part.

(6) Catch and retain moratorium crab

species or conduct directed fishing for

any moratorium groundfish species with

a vessel that does not have a valid

moratorium permit on board, unless the

vessel is lawfully conducting directed

fishing for sablefish under subparts C

and D of this part.

(f) IFQ fisheries. (1) Fail to submit, or

submit inaccurate information on, any

report, application, or statement

required under this part.

(2) Intentionally submit false

information on any report, application,

or statement required under this part.

(3) Retain halibut or sablefish caught

with fixed gear without a valid IFQ

permit and without an IFQ card in the

name of an individual aboard.

(4) Except as provided in § 679.5(l)(3),

retain IFQ halibut or IFQ sablefish on a

vessel in excess of the total amount of

unharvested IFQ, applicable to the

vessel category and IFQ regulatory area

in which the vessel is deploying fixed

gear, and that is currently held by all

IFQ card holders aboard the vessel,

unless the vessel has an observer aboard

under subpart E of this part and

maintains the applicable daily fishing

log under § 301.15 of this title and

§ 679.5.

(5) Possess, buy, sell, or transport IFQ

halibut or IFQ sablefish harvested or

landed in violation of any provision of

this part.

(6) Make an IFQ landing without an

IFQ card in the name of the individual

making the landing.

(7) Possess on a vessel or land IFQ

sablefish concurrently with non-IFQ

sablefish, except that CDQ sablefish may

be possessed on a vessel and landed

concurrently with IFQ sablefish.

(8) Discard Pacific cod or rockfish that

are taken when IFQ halibut or IFQ

sablefish are on board, unless Pacific

cod or rockfish are required to be

discarded under § 679.20 or unless, in

waters within the State of Alaska,

Pacific cod or rockfish are required to be

discarded by laws of the State of Alaska.

(9) Harvest on any vessel more IFQ

halibut or IFQ sablefish than are

authorized under § 679.42.

(10) Make an IFQ landing other than

directly to (or by) a registered buyer.

(11) Discard halibut or sablefish

caught with fixed gear from any catcher

vessel when any IFQ card holder aboard

holds unused halibut or sablefish IFQ

for that vessel category and the IFQ

regulatory area in which the vessel is

operating, unless:

(i) Discard of halibut is required

under part 301 of this title;

(ii) Discard of sablefish is required

under § 679.20 or, in waters within the

State of Alaska, discard of sablefish is

required under laws of the State of

Alaska; or

(iii) Discard of halibut or sablefish is

required under other provisions.

(12) Make an IFQ landing without

prior notice of landing and before 6

hours after such notice, except as

provided in § 679.5.

(13) Operate a vessel as a catcher

vessel and a freezer vessel during the

same fishing trip.

(14) Any person who is issued a

registered buyer permit under

§ 679.4(d)(2) and who also is required to

obtain a Federal processor permit under

§ 679.4(f) may not transfer or receive

sablefish harvested in Federal waters or

halibut, unless the person possesses a

valid Federal processor permit issued

under § 679.4.

(15) Violate any other provision under

subpart D of this part.

(g) Research Plan. (1) Forcibly assault,

resist, oppose, impede, intimidate, or

interfere with an observer.

(2) Interfere with or bias the sampling

procedure employed by an observer,

including sorting or discarding any

catch before sampling; or 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.

(3) Prohibit or bar by command,

impediment, threat, coercion, or by

refusal of reasonable assistance, an

observer from collecting samples,

conducting product recovery rate

determinations, making observations, or

otherwise performing the observer’s

duties.

(4) Harass an observer by conduct that

has sexual connotations, has the

purpose or effect of interfering with the

observer’s work performance, or

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) Process or receive fish from a

Research Plan fishery without a valid

permit issued pursuant to this part.

(6) Deliver fish from a Research Plan

fishery to a processor not possessing a

valid permit issued pursuant to this

part.

(7) Subtract from a billed fee

assessment costs paid for observer

coverage under provisions of § 679.50

that are based on false or inaccurate

information.

(8) Fish for or process fish without

observer coverage required under

subpart E of this part.

(9) Require 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.

§ 679.8 Facilitation of enforcement.

See § 600.740 of this chapter.

§ 679.9 Penalties.

See § 600.735 of this chapter.

Subpart B—Management Measures

§ 679.20 General limitations.

This section applies to vessels

engaged in directed fishing for

groundfish in the GOA and BSAI.

(a) Harvest limits—(1) OY. The OY for

BSAI and GOA target species and the

‘‘other species’’ category is a range that

can be harvested consistently with this

part, plus the amounts of ‘‘nonspecified

species’’ taken incidentally to the

harvest of target species and the ‘‘other

species’’ category. The species

categories are defined in Table 1 of the

specifications as provided in paragraph

(c) of this section.

(i) BSAI. The OY for groundfish in the

BSAI regulated by this section and by

part 600 of this chapter is 1.4 to 2.0

million mt.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31251

(ii) GOA. The OY for groundfish in

the GOA regulated by this section and

by part 600 of this chapter is 116,000 to

800,000 mt.

(2) TAC. NMFS, after consultation

with the Council, will specify and

apportion the annual TAC and reserves

for each calendar year among the GOA

and BSAI target species and the ‘‘other

species’’ categories. TACs in the target

species category may be split or

combined for purposes of establishing

new TACs with apportionments thereof

under paragraph (c) of this section. The

sum of the TACs so specified must be

within the OY range specified in

paragraph (a)(1) of this section.

(3) Annual TAC determination. The

annual determinations of TAC for each

target species and the ‘‘other species’’

category, and the reapportionment of

reserves may be adjusted, based upon a

review of the following:

(i) Biological condition of groundfish

stocks. Resource assessment documents

prepared annually for the Council that

provide information on historical catch

trend; updated estimates of the MSY of

the groundfish complex and its

component species groups; assessments

of the stock condition of each target

species and the ‘‘other species’’

category; assessments of the

multispecies and ecosystem impacts of

harvesting the groundfish complex at

current levels, given the assessed

condition of stocks, including

consideration of rebuilding depressed

stocks; and alternative harvesting

strategies and related effects on the

component species group.

(ii) Socioeconomic considerations.

Socioeconomic considerations that are

consistent with the goals of the fishery

management plans for the groundfish

fisheries of the BSAI and the GOA,

including the need to promote

efficiency in the utilization of fishery

resources, including minimizing costs;

the need to manage for the optimum

marketable size of a species; the impact

of groundfish harvests on prohibited

species and the domestic target fisheries

that utilize these species; the desire to

enhance depleted stocks; the seasonal

access to the groundfish fishery by

domestic fishing vessels; the

commercial importance of a fishery to

local communities; the importance of a

fishery to subsistence users; and the

need to promote utilization of certain

species.

(4) Sablefish TAC—(i) GOA Eastern

Area. Vessels in the Eastern Area of the

GOA using trawl gear will be allocated

5 percent of the sablefish TAC for

bycatch in other trawl fisheries.

(ii) GOA Central and Western Areas—

(A) Hook-and-line gear. Vessels in the

Central and Western Areas of the GOA

using hook-and-line gear will be

allocated 80 percent of the sablefish

TAC in each of the Central and Western

areas.

(B) Trawl gear. Vessels using trawl

gear will be allocated 20 percent of the

sablefish TAC in these areas.

(iii) Bering Sea subarea—(A) Hookand-line or pot gear. Vessels in the

Bering Sea subarea using hook-and-line

or pot gear will be allocated 50 percent

of each TAC for sablefish.

(B) Trawl gear. Vessels in the Bering

Sea subarea using trawl gear will be

allocated 50 percent of each TAC for

sablefish.

(iv) Aleutian Islands subarea—(A)

Hook-and-line or pot gear. Vessels in

the Aleutian Islands subarea using

hook-and-line or pot gear will be

allocated 75 percent of each TAC for

sablefish.

(B) Trawl gear. Vessels in the Aleutian

Islands subarea using trawl gear will be

allocated 25 percent of each TAC for

sablefish.

(5) Pollock TAC—(i) BSAI—(A)

Seasonal allowances. The TAC of

pollock in each subarea or district of the

BSAI will be divided, after subtraction

of reserves, into two allowances. The

first allowance will be available for

directed fishing from 0001 hours, A.l.t.,

January 1, through 1200 hours, A.l.t.,

April 15. The second allowance will be

available for directed fishing from 1200

hours, A.l.t., August 15, through the end

of the fishing year. Within any fishing

year, unharvested amounts of the first

allowance will be added to the second

allowance, and harvests in excess of the

first allowance will be deducted from

the second allowance.

(B) Apportionment to vessels using

nonpelagic trawl gear— (1) General.

NMFS, in consultation with the

Council, may limit the amount of

pollock TAC that may be taken in the

directed fishery for pollock using

nonpelagic trawl gear.

(2) Factors to be considered. The

Regional Director must consider the

following information when limiting the

amount of pollock TAC that is

apportioned to the directed fishery for

pollock using nonpelagic trawl gear:

(i) The PSC limits and PSC bycatch

allowances established under § 679.21.

(ii) The projected bycatch of

prohibited species that would occur

with and without a limit in the amount

of pollock TAC that may be taken in the

directed fishery for pollock using

nonpelagic trawl gear.

(iii) The cost of a limit in terms of

amounts of pollock TAC that may be

taken with nonpelagic trawl gear on the

nonpelagic and pelagic trawl fisheries.

(iv) Other factors pertaining to

consistency with the goals and

objectives of the FMP.

(3) Notification. NMFS will publish

proposed and final apportionment of

pollock TAC to the directed fishery for

pollock using nonpelagic trawl gear in

the Federal Register with notification of

proposed and final specifications

defined in § 679.20.

(ii) GOA—(A) Apportionment by area.

The TAC for pollock in the combined

GOA Western and Central Regulatory

Areas will be apportioned among

statistical areas 610, 620, and 630 in

proportion to the distribution of the

pollock biomass as determined by the

most recent NMFS surveys.

(B) Seasonal allowances. Each

apportionment will be divided into

three seasonal allowances of 25 percent,

25 percent, and 50 percent of the

apportionment, respectively,

corresponding to the three fishing

seasons defined at § 679.23(d)(2).

(1) Within any fishing year, any

unharvested amount of any seasonal

allowance will be added proportionately

to all subsequent seasonal allowances,

resulting in a sum for each allowance

not to exceed 150 percent of the initial

seasonal allowance.

(2) Within any fishing year, harvests

in excess of a seasonal allowance will be

deducted proportionately from all

subsequent seasonal allowances.

(6) Inshore/offshore apportionments

(Applicable through December 31,

1998)—(i) BSAI pollock. The

apportionment of pollock in each BSAI

subarea or district, and for each seasonal

allowance defined in paragraph (a)(5)(i)

of this section, will be allocated 35

percent to vessels catching pollock for

processing by the inshore component

and 65 percent to vessels catching

pollock for processing by the offshore

component.

(ii) GOA pollock. The apportionment

of pollock in all GOA regulatory areas

and for each seasonal allowance

described in paragraph (a)(5)(ii) of this

section will be allocated entirely to

vessels catching pollock for processing

by the inshore component after

subtraction of an amount that is

projected by the Regional Director to be

caught by, or delivered to, the offshore

component incidental to directed

fishing for other groundfish species.

(iii) GOA Pacific cod. The

apportionment of Pacific cod in all GOA

regulatory areas will be allocated 90

percent to vessels catching Pacific cod

for processing by the inshore

component and 10 percent to vessels

catching Pacific cod for processing by

the offshore component.
31252 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Directed fishing allowances and

prohibitions. The Regional Director may

establish separate directed fishing

allowances and prohibitions authorized

under paragraph (d) of this section for:

(A) BSAI pollock. Vessels catching

pollock in the BSAI for processing by

the inshore component and for vessels

catching pollock for processing by the

offshore component.

(B) GOA pollock. Vessels catching

pollock in the GOA for processing by

the inshore component and for vessels

catching pollock for processing by the

offshore component.

(C) GOA Pacific cod. Vessels catching

Pacific cod in the GOA for processing by

the inshore component and for vessels

catching Pacific cod for processing by

the offshore component.

(v) Reallocation—(A) BSAI pollock. If,

during a fishing year, the Regional

Director determines that either the

inshore or offshore component will not

be able to process the entire amount of

pollock in the BSAI allocated to vessels

catching pollock for processing by that

component, NMFS will publish

notification in the Federal Register that

reallocates the projected unused amount

of pollock to vessels catching pollock

for processing by the other component.

(B) GOA pollock. If the Regional

Director determines that the inshore

component will not be able to process

the entire amount of pollock in the GOA

allocated to vessels catching pollock for

processing by the inshore component

during a fishing year, NMFS will

publish notification in the Federal

Register that reallocates the projected

unused amount of pollock to vessels

catching pollock for processing by the

offshore component.

(C) GOA Pacific cod. If, during a

fishing year, the Regional Director

determines that either the inshore or

offshore component will not be able to

process the entire amount of Pacific cod

in the GOA allocated to vessels catching

Pacific cod for processing by that

component, NMFS will publish

notification in the Federal Register that

reallocates the projected unused amount

of Pacific cod to vessels catching Pacific

cod for processing by the other

component.

(7) Pacific cod TAC, BSAI (Applicable

through December 31, 1996)—(i) TAC by

gear. (A) The BSAI TAC of Pacific cod,

after subtraction of reserves, will be

allocated 2 percent to vessels using jig

gear, 44 percent to vessels using hookand-line or pot gear, and 54 percent to

vessels using trawl gear.

(B) The Regional Director may

establish separate directed fishing

allowances and prohibitions authorized

under paragraph (d) of this section for

vessels harvesting Pacific cod using jig

gear, hook-and-line or pot gear, or trawl

gear.

(ii) Unused gear allocation. If, during

a fishing year, the Regional Director

determines that vessels using trawl gear

or hook-and-line or pot gear will not be

able to harvest the entire amount of

Pacific cod in the BSAI allocated to

those vessels under paragraph (a)(7)(i) of

this section, NMFS may reallocate the

projected unused amount of Pacific cod

to vessels harvesting Pacific cod using

the other gear type(s) through

notification in the Federal Register.

(iii) Reallocation of TAC specified for

jig gear. On or about September 1 of

each year, the Regional Director will

reallocate 45 percent of any unused

amount of Pacific cod in the BSAI

allocated to vessels using jig gear to

vessels using hook-and-line or pot gear

and 55 percent of any unused amount

of Pacific cod allocated to vessels using

jig gear to vessels using trawl gear

through publication in the Federal

Register.

(iv) Seasonal TAC apportionment—

(A) Allocation periods. In the

publications of proposed and final

harvest limit specifications required

under paragraph (c) of this section,

NMFS, after consultation with the

Council, may seasonally apportion the

amount of Pacific cod TAC in the BSAI

allocated to vessels using hook-and-line

or pot gear under paragraph (a)(7)(i) of

this section among the following three

periods: January 1 through April 30;

May 1 through August 31; and

September 1 through December 31.

(B) Factors to be considered. NMFS

will base any seasonal apportionment of

the Pacific cod allocation to vessels

using hook-and-line or pot gear on the

following information:

(1) Seasonal distribution of Pacific

cod relative to prohibited species

distribution.

(2) Expected variations in prohibited

species bycatch rates experienced in the

Pacific cod fisheries throughout the

fishing year.

(3) Economic effects of any seasonal

apportionment of Pacific cod on the

hook-and-line and pot-gear fisheries.

(8) All other groundfish TAC. The

initial TAC for each target species and

the ‘‘other species’’ category will be 85

percent of the TAC as provided under

paragraph (b) of this section.

(b) Reserves—(1) BSAI—(i) General.

Fifteen percent of the BSAI TAC for

each target species and the ‘‘other

species’’ category, except the hook-andline and pot gear allocation for

sablefish, is automatically placed in a

reserve, and the remaining 85 percent of

the TAC is apportioned for each target

species and the ‘‘other species’’

category, except the hook-and-line and

pot gear allocation for sablefish.

(ii) Nonspecified reserve. The reserve

is not designated by species or species

group, and any amount of the reserve

may be apportioned to a target species,

except the hook-and-line gear and pot

gear allocation for sablefish, or the

‘‘other species’’ category, provided that

such apportionments are consistent

with paragraph (a)(3) of this section and

do not result in overfishing of a target

species or the ‘‘other species’’ category.

(iii) Inshore/offshore reapportionment

(Applicable through December 31,

1998). Any amounts of the BSAI

nonspecific reserve that are

reapportioned to pollock as provided by

this paragraph (b) must be apportioned

between inshore and offshore

components in the same proportion

specified in paragraph (a)(6)(i) of this

section.

(iv) Pacific cod (Applicable through

December 31, 1996). Any amounts of the

BSAI nonspecific reserve that are

apportioned to Pacific cod as provided

by this paragraph (b) must be

apportioned between vessels using jig,

hook-and-line or pot, and trawl gear in

the same proportion specified in

paragraph (a)(7)(i) of this section, unless

the Regional Director determines under

paragraph (a)(7) (ii) or (iii) of this

section that vessels using a certain gear

type will not be able to harvest the

additional amount of Pacific cod. In this

case, the nonspecific reserve will be

apportioned to vessels using the other

gear type(s).

(2) GOA. Initial reserves are

established for pollock, Pacific cod,

flounder, and ‘‘other species,’’ which

are equal to 20 percent of the TACs for

these species or species groups.

(3) Apportionment of BSAI reserves—

(i) Notification. (A) As soon as

practicable after April 1, June 1, and

August 1, and on such other dates as

NMFS determines appropriate, NMFS

will, by notification in the Federal

Register, apportion all or part of the

BSAI reserve in accordance with this

paragraph (b).

(B) No apportionment, retention, or

PSC limit adjustment may take effect

until notification has been published in

the Federal Register with a statement of

the findings upon which the

apportionment, retention, or adjustment

is based.

(ii) Apportionment—(A) General.

Except as provided in paragraph

(b)(3)(ii)(B) of this section, NMFS will

apportion the amount of BSAI reserve

that will be harvested by U.S. vessels

during the remainder of the year.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31253

(B) Exception. Part or all of the reserve

may be withheld if an apportionment

would adversely affect the conservation

of groundfish resources or prohibited

species.

(iii) Public comment—(A) Prior

comment. NMFS will provide all

interested persons an opportunity to

comment on the proposed

apportionments, retentions, or PSC limit

adjustments under this paragraph (b)

before such apportionments, retentions,

or adjustments are made, unless NMFS

finds that there is good cause for not

providing a prior comment opportunity,

and publishes the reasons therefor in

the notification of apportionment,

retention, or adjustment.

(B) Submittal dates. Comments

provided for in this paragraph (b)(3)(iii)

must be received by NMFS not later

than 5 days before April 1, June 1, and

August 1, or other dates that may be

specified.

(C) Subsequent comment. If NMFS

determines for good cause that

notification of apportionment, retention

or PSC limit adjustment must be issued

without providing interested persons a

prior opportunity for public comment,

comments on the apportionment,

retention or adjustment will be received

for a period of 15 days after its effective

date.

(D) Response to comments. NMFS

will consider all timely comments in

deciding whether to make a proposed

apportionment, retention, or PSC limit

adjustment or to modify an

apportionment, retention, or adjustment

that previously has been made, and

shall publish responses to those

comments in the Federal Register as

soon as practicable.

(E) Data available. The Regional

Director will make available to the

public during business hours the

aggregate data upon which any

preliminary TAC or PSC limit figure is

based or the data upon which any

apportionment or retention of surplus or

reserve, or PSC limit adjustment was or

is proposed to be based. These data will

be available for a sufficient period to

facilitate informed comment by

interested persons.

(c) Annual specifications—(1)

Proposed specifications—

(i) General—(A) Notification. As soon

as practicable after consultation with

the Council, NMFS will publish

proposed specifications for the

succeeding fishing year. The proposed

specifications will reflect as accurately

as possible the projected changes in U.S.

harvesting and processing capacity and

the extent to which U.S. harvesting and

processing will occur during the coming

year.

(B) Public comment. NMFS will

accept public comment on the proposed

specifications for 30 days from the date

of publication in the Federal Register.

(ii) GOA. The GOA proposed

specifications will specify annual TAC

amounts for each target species and the

‘‘other species’’ category and

apportionments thereof established

under § 679.20(a)(2), halibut prohibited

species catch amounts established

under § 679.21, seasonal allowances of

pollock, and inshore/offshore Pacific

cod.

(iii) BSAI. The BSAI proposed

specifications will specify the annual

TAC and initial TAC amounts for each

target species and the ‘‘other species’’

category and apportionments thereof

established under § 679.20(a)(2),

prohibited species catch allowances

established under § 679.21, seasonal

allowances of pollock TAC, and reserve

amounts established under § 679.31(a)

and (c) for pollock CDQ and sablefish

CDQ.

(2) Interim specifications. Interim

harvest specifications will be in effect

on January 1 and will remain in effect

until superseded by the filing of the

final specifications by the Office of the

Federal Register. Interim specifications

will be established as follows:

(i) GOA. One-fourth of each proposed

TAC and apportionment thereof (not

including the reserves or the first

seasonal allowance of pollock), onefourth of the proposed halibut

prohibited species catch amounts, and

the proposed first seasonal allowance of

pollock.

(ii) BSAI. Except for the hook-and-line

and pot gear allocation of sablefish, onefourth of each proposed initial TAC and

apportionment thereof (not including

the first seasonal allowance of pollock),

one-fourth of the proposed prohibited

species catch allowance established

under § 679.21, and the proposed first

seasonal allowance of pollock.

(3) Final specifications—(i)

Notification. NMFS will consider

comments on the proposed

specifications received during the

comment period and, after consultation

with the Council, will publish final

specifications in the Federal Register.

The final specifications will supersede

the interim specifications.

(ii) GOA. The final specifications will

specify the annual TAC for each target

species and the ‘‘other species’’ category

and apportionments thereof, halibut

prohibited species catch amounts, and

seasonal allowances of pollock.

(iii) BSAI. The final specifications

will specify the annual TAC for each

target species and the ‘‘other species’’

category and apportionments thereof,

prohibited species catch allowances,

seasonal allowances of the pollock TAC,

and the sablefish CDQ reserve amount

established under § 679.31(c).

(4) Inshore/offshore allocations

(Applicable through December 31,

1998). The proposed, interim, and final

specifications will specify the allocation

of GOA Pacific cod, GOA pollock, and

BSAI pollock for processing by the

inshore and offshore components, and

any seasonal allowances thereof, as

authorized under paragraphs (a)(5) and

(a)(7) of this section.

(5) BSAI Pacific cod gear allocations

(Applicable through December 31,

1996). The proposed, interim, and final

specifications will specify the allocation

of BSAI Pacific cod among gear types as

authorized under paragraph (a)(7) of this

section.

(d) Fishery closures—(1) Directed

fishing allowance—(i) General. If the

Regional Director determines that any

allocation or apportionment of a target

species or ‘‘other species’’ category

specified under paragraph (c) of this

section has been or will be reached, the

Regional Director may establish a

directed fishing allowance for that

species or species group.

(ii) Specified fishery amounts—(A)

Inseason adjustments. The category

allocations or apportionments

established under paragraph (c) of this

section may be revised by inseason

adjustments for a given species or

species group or pollock allowance, as

identified by regulatory area, subarea, or

district, and, if applicable, as further

identified by gear type.

(B) Incidental catch. In establishing a

directed fishing allowance, the Regional

Director shall consider the amount of

the allocation or apportionment

established under paragraph (c) of this

section that will be taken as incidental

catch in directed fishing for other

species in the same subarea, regulatory

area, or district.

(iii) Directed fishing closure—(A)

Notification. If the Regional Director

establishes a directed fishing allowance

for a fishery allocation or apportionment

under this paragraph (d), and that

allowance has been or will be reached

before the end of the fishing season or

year, NMFS will publish notification in

the Federal Register prohibiting

directed fishing in the specified subarea,

regulatory area, or district.

(B) Retention of bycatch species. If

directed fishing for a target species or

the ‘‘other species’’ category is

prohibited, a vessel may not retain that

bycatch species in an amount that

exceeds the maximum retainable

bycatch amount, as calculated under
31254 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

paragraphs (e) and (f) of this section, at

any time during a fishing trip.

(2) Groundfish as prohibited species

closure. When the Regional Director

determines that the TAC of any target

species or the ‘‘other species’’ category

specified under paragraph (c) of this

section has been or will be achieved

prior to the end of a year, NMFS will

publish notification in the Federal

Register requiring that target species or

the ‘‘other species’’ be treated in the

same manner as a prohibited species, as

described under § 679.21(b), for the

remainder of the year.

(3) Overfishing closure—(i)

Notification. If, in making a

determination under paragraph (d)(2) of

this section, the Regional Director also

determines that fishing for other target

species or species groups in the area,

district or part thereof where the

notification applies, may lead to the

overfishing of the species or species

group for which the allocation or

apportionment has been or will be

reached, NMFS will publish notification

in the Federal Register specifying

limitations or prohibitions designed to

prevent overfishing of that species or

species group.

(ii) Limitations and prohibitions.

These limitations and prohibitions may

prohibit directed fishing for other

species or species groups in the area,

district, or part thereof where the

notification applies, or may limit time,

area, or gear types that may be used in

directed fishing for the other species or

species groups.

(iii) Factors to be considered. When

making the determinations specified

under paragraphs (d)(1), (d)(2), and

(d)(3) of this section, the Regional

Director may consider allowing fishing

to continue or resume with certain gear

types or in certain areas and times based

on findings of:

(A) The risk of biological harm to a

groundfish species or species group for

which the TAC or PSC limit is or will

be reached.

(B) The risk of socioeconomic harm to

authorized users of the groundfish for

which the TAC or PSC limit will be or

has been reached.

(C) The impact that the continued

closure might have on the

socioeconomic well-being of other

domestic fisheries.

(e) Maximum retainable bycatch

amounts—(1) Proportion of basis

species. The maximum retainable

bycatch amount for a bycatch species or

species group is calculated as a

proportion of the basis species retained

on board the vessel using the retainable

percentages in Table 10 to this part for

the GOA species categories and in Table

11 to this part for the BSAI species

categories.

(2) Calculation. (i) To calculate the

maximum retainable bycatch amount for

a specific bycatch species, an individual

retainable bycatch amount must be

calculated with respect to each basis

species that is retained on board that

vessel.

(ii) To obtain these individual

retainable bycatch amounts, multiply

the appropriate retainable percentage for

the bycatch species/basis species

combination, set forth in Table 10 to

this part for the GOA species categories

and Table 11 to this part for the BSAI

species categories, by the amount of that

basis species, in round-weight

equivalents.

(iii) The maximum retainable bycatch

amount for that specific bycatch species

is the sum of the individual retainable

bycatch amounts.

(f) Directed fishing calculations and

determinations—(1) Round-weight

equivalents. Any determination

concerning directed fishing, the amount

or percentage of any species, species

group, or any fish or fish products must

be calculated in round-weight

equivalents.

(2) Retainable amounts. Arrowtooth

flounder, or any groundfish species for

which directed fishing is closed, may

not be used to calculate retainable

amounts of other groundfish species.

(g) Allowable retention of pollock

roe—(1) Percentage of pollock roe. (i)

Pollock roe retained on board a vessel

at any time during a fishing trip must

not exceed 7 percent of the total roundweight equivalent of pollock, as

calculated from the primary pollock

product on board the vessel during the

same fishing trip.

(ii) Determinations of allowable

retention of pollock roe will be based on

amounts of pollock harvested, received,

or processed during a single fishing trip.

(iii) Pollock or pollock products from

previous fishing trips that are retained

on board a vessel may not be used to

determine the allowable retention of

pollock roe for that vessel.

(2) Primary product. (i) For purposes

of this paragraph (g), only one primary

pollock product per fish, other than roe,

may be used to calculate the roundweight equivalent.

(ii) A primary pollock product that

contains roe (such as headed and gutted

pollock with roe) may not be used to

calculate the round-weight equivalent of

pollock.

(iii) The primary pollock product

must be distinguished from ancillary

pollock products in the DCPL required

under § 679.5. Ancillary products are

those such as meal, heads, internal

organs, pectoral girdles, or any other

product that may be made from the

same fish as the primary product.

(3) Pollock product recovery rates

(PRRs). Only the following product

types and standard PRRs may be used

to calculate round-weight equivalents

for pollock for purposes of this

paragraph (g):

Product

code Product description

Standard

product recovery rate

07 ............ Headed and gutted, western cut ....................................................................................................................................... 0.65

08 ............ Headed and gutted, eastern cut ........................................................................................................................................ 0.56

10 ............ Headed and gutted, without tail ......................................................................................................................................... 0.50

20 ............ Fillets with skin & ribs ........................................................................................................................................................ 0.35

21 ............ Fillets with skin on, no ribs ................................................................................................................................................ 0.30

22 ............ Fillets with ribs, no skin ..................................................................................................................................................... 0.30

23 ............ Fillets, skinless, boneless .................................................................................................................................................. 0.21

24 ............ Deep skin fillets .................................................................................................................................................................. 0.16

30 ............ Surimi ................................................................................................................................................................................. 0.16

31 ............ Mince .................................................................................................................................................................................. 0.22

32 ............ Meal ................................................................................................................................................................................... 0.17

(4) Calculation of retainable pollock

roe—(i) Round-weight equivalent. (A)

To calculate the amount of pollock roe

that can be retained on board during a

fishing trip, first calculate the roundweight equivalent by dividing the total
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31255

amount of primary product on board by

the appropriate PRR.

(B) To determine the maximum

mount of pollock roe that can be

retained on board a vessel during the

same fishing trip, multiply the roundweight equivalent by 0.07.

(C) Pollock roe retained on board from

previous fishing trips will not be

counted.

(ii) Two or more products from

different fish. (A) If two or more

products, other than roe, are made from

different fish, round-weight equivalents

are calculated separately for each

product.

(B) To determine the maximum

amount of pollock roe that can be

retained on board a vessel during a

fishing trip, add the round-weight

equivalents together; then, multiply the

sum by 0.07.

(iii) Two or more products from same

fish. If two or more products, other than

roe, are made from the same fish, the

maximum amount of pollock roe that

can be retained during a fishing trip is

determined from the primary product.

(5) Primary pollock product—(i)

Process prior to transfer. Any primary

pollock product used to calculate

retainable amounts of pollock roe must

be frozen, canned, or reduced to meal by

the vessel retaining the pollock roe prior

to any transfer of the product to another

vessel.

(ii) No discard of processed product.

Any pollock product that has been

frozen, canned, or reduced to meal may

not be discarded at sea.

(h) Standard product types and

standard PRRs—(1) Calculating roundweight equivalents from standard PRRs.

Round-weight equivalents for

groundfish products are calculated

using the product codes and standard

PRRs specified in Table 3 of this part.

(2) Adjustments. The Regional

Director may adjust standard PRRs and

product types specified in Table 3 of

this part if he or she determines that

existing standard PRRs are inaccurate or

if new product types are developed.

(i) Adjustments to any standard PRR

listed in Table 3 of this part that are

within and including 15 percent of that

standard PRR may be made without

providing notification and opportunity

for prior public comment.

(ii) Adjustments of any standard PRR

during a calendar year, when aggregated

with all other adjustments made during

that year, will not exceed 15 percent of

the standard PRR listed in Table 3 of

this part at the beginning of that

calendar year.

(iii) No new product type will be

announced until NMFS publishes the

proposed adjustment and/or new

product type in the Federal Register

and provides the public with at least 30

days opportunity for public comment.

(iv) Any adjustment of a PRR that acts

to further restrict the fishery will not be

effective until 30 days after the date of

publication in the Federal Register.

(v) If NMFS makes any adjustment or

announcement without providing a

prior notification and opportunity for

prior public comment, the Regional

Director will receive public comments

on the adjustment or announcement for

a period of 15 days from the date of

publication in the Federal Register.

§ 679.21 Prohibited species bycatch

management.

(a) Applicability. (1) This section

applies to all vessels required to have a

Federal fisheries permit under § 679.4.

(2) Except as otherwise provided, this

section also applies to all motherships

and shoreside processors that receive

groundfish from vessels required to

have a Federal fisheries permit under

§ 679.4.

(b) General—(1) Definition. Prohibited

species, for the purpose of this part,

means any of the species of Pacific

salmon (Oncorhynchus spp.), steelhead

trout (Oncorhynchus mykiss), halibut,

Pacific herring (Clupea harengus

pallasi), king crab, and Tanner crab

caught by a vessel regulated under this

part while fishing for groundfish in the

BSAI or GOA, unless retention is

authorized by other applicable laws,

including part 301 of this title.

(2) Prohibited species catch

restrictions. The operator of each vessel

engaged in directed fishing for

groundfish in the GOA or BSAI must:

(i) Minimize its catch of prohibited

species.

(ii) Sort its catch as soon as possible

after retrieval of the gear and, except as

provided under paragraph (c) of this

section, must return all prohibited

species or parts thereof to the sea

immediately, with a minimum of injury,

regardless of its condition, after

allowing for sampling by an observer if

an observer is aboard.

(3) Rebuttable presumption. Except as

provided under paragraph (c) of this

section, it will be a rebuttable

presumption that any prohibited species

retained on board a fishing vessel

regulated under this part was caught

and retained in violation of this section.

(4) Prohibited species taken seaward

of the EEZ off Alaska. No vessel fishing

for groundfish in the GOA or BSAI may

have on board any species listed in this

paragraph (b) that was taken in waters

seaward of these management areas,

regardless of whether retention of such

species was authorized by other

applicable laws.

(c) Salmon taken in BSAI trawl

fishery—(1) Salmon discard. Except as

provided in paragraph (c)(3) of this

section, the operator of a vessel and the

manager of a shoreside processor must

not discard any salmon taken incidental

to a directed fishery for BSAI groundfish

by vessels using trawl gear until the

number of salmon has been determined

by a NMFS-certified observer and the

collection of any scientific data or

biological samples from the salmon has

been completed.

(2) Salmon retention and storage. (i)

Operators of vessels carrying observers

aboard and whose fishing operations

allow for sorting of BSAI groundfish

catch for salmon must retain all salmon

bycatch from each haul in a separate bin

or other location that allows an observer

free and unobstructed physical access to

the salmon to count each fish and

collect any scientific data or biological

samples. Salmon from different hauls

must be retained separately in a manner

that identifies the haul from which the

salmon were taken.

(ii) Operators of vessels not carrying

observers aboard or whose fishing

operations do not allow for sorting of

BSAI groundfish catch for salmon must

ice, freeze, or store in a refrigerated

saltwater tank all salmon taken as

bycatch in trawl operations for delivery

to the processor receiving the vessel’s

BSAI groundfish catch.

(iii) Processors receiving BSAI

groundfish harvested in a directed

fishery for groundfish using trawl gear

must retain all salmon delivered by each

trawl vessel during a weekly reporting

period in separate bins marked with the

vessel’s name and ADF&G fish ticket

number(s) for each delivery until a

NMFS-certified observer has counted

each salmon and collected any scientific

data or biological samples from the

salmon delivered to the processor by

that vessel. Processors without an

observer present must store whole

salmon in an iced or frozen state until

an observer is available to count each

fish. Salmon must be stored at a location

that allows an observer free and

unobstructed physical access to each

salmon.

(3) Exemption. Motherships and

shoreside processors that are exempt

from obtaining observer coverage during

a month under § 679.52 are exempt from

mandatory retention of salmon.

(4) Assignment of crew to assist

observer. Operators of vessels and

managers of shoreside processors that

are required to retain salmon under

paragraph (c)(1) of this section must

designate and identify to the NMFS-
31256 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

certified observer aboard the vessel or at

the shoreside processor a crew person or

employee to be responsible for sorting,

retention, and storage of salmon. Upon

request of the NMFS-certified observer,

the designated crew person or employee

also is responsible for counting salmon

and taking biological samples from

retained salmon under the direction of

the observer.

(5) Release of salmon. Salmon must

be returned to Federal waters as soon as

is practicable, with a minimum of

injury, regardless of condition,

following notification by a NMFScertified observer that the number of

salmon has been determined and the

collection of any scientific data or

biological samples has been completed.

(d) GOA halibut PSC limits. This

section is applicable for vessels engaged

in directed fishing for groundfish in the

GOA.

(1) Notification—(i) Proposed and

final limits and apportionments. NMFS

will publish annually in the Federal

Register proposed and final halibut PSC

limits and apportionments thereof in the

notification required under § 679.20.

(ii) Modification of limits. NMFS, by

notification in the Federal Register, may

change the halibut PSC limits during the

year for which they were specified,

based on new information of the types

set forth in this paragraph (d)(1).

(2) Public comment. NMFS will

accept public comment on the proposed

halibut PSC limits, and apportionments

thereof, for a period of 30 days from the

date of publication in the Federal

Register. NMFS will consider comments

received on proposed halibut limits and,

after consultation with the Council, will

publish notification in the Federal

Register specifying the final halibut PSC

limits and apportionments thereof.

(3) Trawl gear proposed halibut

limit—(i) Notification. After

consultation with the Council, NMFS

will publish notification in the Federal

Register specifying the proposed halibut

PSC limit for vessels using trawl gear.

(ii) Bycatch allowance. The halibut

PSC limit specified for vessels using

trawl gear may be further apportioned as

bycatch allowances to the fishery

categories listed in paragraph (d)(3)(iii)

of this section, based on each category’s

proportional share of the anticipated

halibut bycatch mortality during a

fishing year and the need to optimize

the amount of total groundfish harvest

under the halibut PSC limit. The sum of

all bycatch allowances will equal the

halibut PSC limit established under this

paragraph (d).

(iii) Trawl fishery categories. For

purposes of apportioning the trawl

halibut PSC limit among fisheries, the

following fishery categories are

specified and defined in terms of roundweight equivalents of those GOA

groundfish species for which a TAC has

been specified under § 679.20:

(A) Shallow-water species fishery.

Fishing with trawl gear during any

weekly reporting period that results in

a retained aggregate catch of pollock,

Pacific cod, shallow-water flatfish,

flathead sole, Atka mackerel, and ‘‘other

species’’ that is greater than the retained

aggregate amount of other GOA

groundfish species or species group.

(B) Deep-water species fishery.

Fishing with trawl gear during any

weekly reporting period that results in

a retained catch of groundfish and is not

a shallow-water species fishery as

defined under paragraph (d)(3)(iii)(A) of

this section.

(4) Hook-and-line and pot gear

fisheries—(i) Notification. After

consultation with the Council, NMFS

will publish notification in the Federal

Register specifying the proposed and

final halibut PSC limits for vessels using

hook-and-line gear. The notification also

may specify a halibut PSC limit for the

pot gear fisheries.

(ii) Halibut bycatch allowance. The

halibut PSC limit specified for vessels

using hook-and-line gear may be further

apportioned, as bycatch allowances, to

the fishery categories listed in paragraph

(d)(4)(iii) of this section, based on each

category’s proportional share of the

anticipated halibut bycatch mortality

during a fishing year and the need to

optimize the amount of total groundfish

harvest under the halibut PSC limit. The

sum of all bycatch allowances will equal

the halibut PSC limit established under

this paragraph (d).

(iii) Hook-and-line fishery categories.

For purposes of apportioning the hookand-line halibut PSC limit among

fisheries, the following fishery

categories are specified and defined in

terms of round-weight equivalents of

those GOA groundfish species for which

a TAC has been specified under

§ 679.20.

(A) Demersal shelf rockfish in the

Southeast Outside District. Fishing with

hook-and-line gear in the Southeast

Outside District of the GOA Eastern

Regulatory Area (SEEO) during any

weekly reporting period that results in

a retained catch of demersal shelf

rockfish that is greater than the retained

amount of any other fishery category

defined under this paragraph (d)(4)(iii).

(B) Sablefish fishery. Fishing with

hook-and-line gear during any weekly

reporting period that results in a

retained catch of sablefish that is greater

than the retained amount of any other

fishery category defined under this

paragraph (d)(4)(iii).

(C) Other hook-and-line fishery.

Fishing with hook-and-line gear during

any weekly reporting period that results

in a retained catch of groundfish and is

not a demersal shelf rockfish fishery or

a sablefish fishery defined under

paragraphs (d)(4)(iii)(A) and (B) of this

section.

(5) Seasonal apportionments—(i)

General. NMFS, after consultation with

the Council, may apportion each halibut

PSC limit or bycatch allowance

specified under this paragraph (d) on a

seasonal basis.

(ii) Factors to be considered. NMFS

will base any seasonal apportionment of

a halibut PSC limit or bycatch

allowance on the following types of

information:

(A) Seasonal distribution of halibut.

(B) Seasonal distribution of target

groundfish species relative to halibut

distribution.

(C) Expected halibut bycatch needs,

on a seasonal basis, relative to changes

in halibut biomass and expected catches

of target groundfish species.

(D) Expected variations in bycatch

rates throughout the fishing year.

(E) Expected changes in directed

groundfish fishing seasons.

(F) Expected start of fishing effort.

(G) Economic effects of establishing

seasonal halibut allocations on segments

of the target groundfish industry.

(iii) Unused seasonal apportionments.

Unused seasonal apportionments of

halibut PSC limits specified for trawl,

hook-and-line, or pot gear will be added

to the respective seasonal

apportionment for the next season

during a current fishing year.

(iv) Seasonal apportionment

exceeded. If a seasonal apportionment

of a halibut PSC limit specified for

trawl, hook-and-line, or pot gear is

exceeded, the amount by which the

seasonal apportionment is exceeded

will be deducted from the respective

apportionment for the next season

during a current fishing year.

(6) Apportionment among regulatory

areas and districts. Each halibut PSC

limit specified under this paragraph (d)

also may be apportioned among the

GOA regulatory areas and districts.

(7) Halibut PSC closures—(i) Trawl

gear fisheries. If, during the fishing year,

the Regional Director determines that

U.S. fishing vessels participating in

either of the trawl fishery categories

listed in paragraph (d)(3)(iii) (A) or (B)

of this section will catch the halibut

bycatch allowance, or apportionments

thereof, specified for that fishery

category under paragraph (d)(1) of this

section, NMFS will publish notification
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31257

in the Federal Register closing the

entire GOA or the applicable regulatory

area or district to directed fishing with

trawl gear for each species and/or

species group that comprises that

fishing category; provided, however,

that when the halibut bycatch

allowance, or seasonal apportionment

thereof, specified for the shallow-water

species fishery is reached, fishing for

pollock by vessels using pelagic trawl

gear may continue, consistent with

other provisions of this part.

(ii) Hook-and-line fisheries. If, during

the fishing year, the Regional Director

determines that U.S. fishing vessels

participating in any of the three hookand-line gear fishery categories listed

under paragraph (d)(4)(iii) of this

section will catch the halibut bycatch

allowance, or apportionments thereof,

specified for that fishery category under

paragraph (d)(1) of this section, NMFS

will publish notification in the Federal

Register closing the entire GOA or the

applicable regulatory area or district to

directed fishing with hook-and-line gear

for each species and/or species group

that comprises that fishing category.

(iii) Pot gear fisheries. If, during the

fishing year, the Regional Director

determines that the catch of halibut by

operators of vessels using pot gear to

participate in a directed fishery for

groundfish will reach the halibut PSC

limit, or seasonal apportionment

thereof, NMFS will publish notification

in the Federal Register prohibiting

directed fishing for groundfish by

vessels using pot gear for the remainder

of the season to which the halibut PSC

limit or seasonal apportionment applies.

(iv) Nonpelagic trawl gear fisheries—

(A) Continued fishing under specified

conditions. When the vessels to which

a halibut PSC limit applies have caught

an amount of halibut equal to that PSC,

the Regional Director may, by

notification in the Federal Register,

allow some or all of those vessels to

continue to fish for groundfish using

nonpelagic trawl gear under specified

conditions, subject to the other

provisions of this part.

(B) Factors to be considered. In

authorizing and conditioning such

continued fishing with bottom-trawl

gear, the Regional Director will take into

account the following considerations,

and issue relevant findings:

(1) The risk of biological harm to

halibut stocks and of socio-economic

harm to authorized halibut users posed

by continued bottom trawling by these

vessels.

(2) The extent to which these vessels

have avoided incidental halibut catches

up to that point in the year.

(3) The confidence of the Regional

Director in the accuracy of the estimates

of incidental halibut catches by these

vessels up to that point in the year.

(4) Whether observer coverage of

these vessels is sufficient to assure

adherence to the prescribed conditions

and to alert the Regional Director to

increases in their incidental halibut

catches.

(5) The enforcement record of owners

and operators of these vessels, and the

confidence of the Regional Director that

adherence to the prescribed conditions

can be assured in light of available

enforcement resources.

(e) BSAI PSC limits—(1) Trawl gear—

(i) Red king crab. The PSC limit of red

king crab caught while conducting any

trawl fishery for groundfish in Zone 1

during any fishing year is 200,000 red

king crabs.

(ii) Tanner crab (C. bairdi), Zone 1.

The PSC limit of C. bairdi Tanner crabs

caught while conducting any trawl

fishery for groundfish in Zone 1 during

any fishing year is 1 million animals.

(iii) Tanner crab (C. bairdi), Zone 2.

The PSC limit of C. bairdi Tanner crabs

caught while conducting any trawl

fishery for groundfish in Zone 2 during

any fishing year is 3 million animals.

(iv) Halibut. The PSC limit of halibut

caught while conducting any trawl

fishery for groundfish in the BSAI

during any fishing year is an amount of

halibut equivalent to 3,775 mt of halibut

mortality.

(v) Pacific herring. The PSC limit of

Pacific herring caught while conducting

any domestic trawl fishery for

groundfish in the BSAI is 1 percent of

the annual eastern Bering Sea herring

biomass. The PSC limit will be

apportioned into annual herring PSC

allowances, by target fishery, and will

be published along with the annual

herring PSC limit in the Federal

Register with the proposed and final

groundfish specifications defined in

§ 679.20.

(vi) Chinook salmon. The PSC limit of

chinook salmon caught while

conducting any trawl fishery for

groundfish in the BSAI between January

1 and April 15 is 48,000 fish.

(vii) Non-chinook salmon. The PSC

limit of non-chinook salmon caught by

vessels using trawl gear during August

15 through October 14 in the CVOA is

42,000 fish.

(2) Nontrawl gear, halibut. The PSC

limit of halibut caught while conducting

any nontrawl fishery for groundfish in

the BSAI during any fishing year is an

amount of halibut equivalent to 900 mt

of halibut mortality.

(3) PSC apportionment to trawl

fisheries—(i) General. NMFS, after

consultation with the Council, will

apportion each PSC limit set forth in

paragraphs (e)(1)(i) through (vii) of this

section into bycatch allowances for

fishery categories defined in paragraph

(e)(3)(iv) of this section, based on each

category’s proportional share of the

anticipated incidental catch during a

fishing year of prohibited species for

which a PSC limit is specified and the

need to optimize the amount of total

groundfish harvested under established

PSC limits. The sum of all bycatch

allowances of any prohibited species

will equal its PSC limit.

(ii) Red king crab, C. bairdi Tanner

crab, and halibut—(A) General. For

vessels engaged in directed fishing for

groundfish in the GOA or BSAI, the PSC

limits for red king crab, C. bairdi Tanner

crab, and halibut will be apportioned to

the trawl fishery categories defined in

paragraphs (e)(3)(iv) (B) through (F) of

this section.

(B) Incidental catch in midwater

pollock fishery. Any amount of red king

crab, C. bairdi Tanner crab, or halibut

that is incidentally taken in the

midwater pollock fishery as defined in

paragraph (e)(3)(iv)(A) of this section

will be counted against the bycatch

allowances specified for the pollock/

Atka mackerel/‘‘other species’’ category

defined in paragraph (e)(3)(iv)(F) of this

section.

(iii) Pacific herring. The PSC limit for

Pacific herring will be apportioned to

the BSAI trawl fishery categories

defined in paragraphs (e)(3)(iv) (A)

through (F) of this section.

(iv) Trawl fishery categories. For

purposes of apportioning trawl PSC

limits among fisheries, the following

fishery categories are specified and

defined in terms of round-weight

equivalents of those groundfish species

or species groups for which a TAC has

been specified under § 679.20.

(A) Midwater pollock fishery. Fishing

with trawl gear during any weekly

reporting period that results in a catch

of pollock that is 95 percent or more of

the total amount of groundfish caught

during the week.

(B) Flatfish fishery. Fishing with trawl

gear during any weekly reporting period

that results in a retained aggregate

amount of rock sole, ‘‘other flatfish,’’

and yellowfin sole that is greater than

the retained amount of any other fishery

category defined under this paragraph

(e)(3)(iv).

(1) Yellowfin sole fishery. Fishing

with trawl gear during any weekly

reporting period that is defined as a

flatfish fishery under this paragraph

(e)(3)(iv)(B) and results in a retained

amount of yellowfin sole that is 70

percent or more of the retained
31258 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

aggregate amount of rock sole, ‘‘other

flatfish,’’ and yellowfin sole.

(2) Rock sole/flathead sole/‘‘other

flatfish’’ fishery. Fishing with trawl gear

during any weekly reporting period that

is defined as a flatfish fishery under this

paragraph (e)(3)(iv)(B) and is not a

yellowfin sole fishery as defined under

paragraph (e)(3)(iv)(B)(1) of this section.

(C) Greenland turbot/arrowtooth

flounder/sablefish fishery. Fishing with

trawl gear during any weekly reporting

period that results in a retained

aggregate amount of Greenland turbot,

arrowtooth flounder, and sablefish that

is greater than the retained amount of

any other fishery category defined under

this paragraph (e)(3)(iv).

(D) Rockfish fishery. Fishing with

trawl gear during any weekly reporting

period that results in a retained

aggregate amount of rockfish species of

the genera Sebastes and Sebastolobus

that is greater than the retained amount

of any other fishery category defined

under this paragraph (e)(3)(iv).

(E) Pacific cod fishery. Fishing with

trawl gear during any weekly reporting

period that results in a retained

aggregate amount of Pacific cod that is

greater than the retained amount of any

other groundfish fishery category

defined under this paragraph (e)(3)(iv).

(F) Pollock/Atka mackerel/‘‘other

species.’’ Fishing with trawl gear during

any weekly reporting period that results

in a retained aggregate amount of

pollock other than pollock harvested in

the midwater pollock fishery defined

under paragraph (e)(3)(iv)(A) of this

section, Atka mackerel, and ‘‘other

species’’ that is greater than the retained

amount of any other fishery category

defined under this paragraph (e)(3)(iv).

(4) Halibut apportionment to nontrawl

fishery categories—(i) General. NMFS,

after consultation with the Council, may

apportion the halibut PSC limit for

nontrawl gear set forth under paragraph

(e)(2) of this section into bycatch

allowances for nontrawl fishery

categories defined under paragraph

(e)(4)(ii) of this section, based on each

category’s proportional share of the

anticipated bycatch mortality of halibut

during a fishing year and the need to

optimize the amount of total groundfish

harvested under the nontrawl halibut

PSC limit. The sum of all halibut

bycatch allowances will equal the

halibut PSC limit established in

paragraph (e)(2) of this section.

(ii) Nontrawl fishery categories. For

purposes of apportioning the nontrawl

halibut PSC limit among fisheries, the

following fishery categories are

specified and defined in terms of roundweight equivalents of those BSAI

groundfish species for which a TAC has

been specified under § 679.20.

(A) Pacific cod hook-and-line fishery.

Fishing with hook-and-line gear during

any weekly reporting period that results

in a retained catch of Pacific cod that is

greater than the retained amount of any

other groundfish species.

(B) Sablefish hook-and-line fishery.

Fishing with hook-and-line gear during

any weekly reporting period that results

in a retained catch of sablefish that is

greater than the retained amount of any

other groundfish species.

(C) Groundfish jig gear fishery.

Fishing with jig gear during any weekly

reporting period that results in a

retained catch of groundfish.

(D) Groundfish pot gear fishery.

Fishing with pot gear under restrictions

set forth in § 679.24(b) during any

weekly reporting period that results in

a retained catch of groundfish.

(E) Other nontrawl fisheries. Fishing

for groundfish with nontrawl gear

during any weekly reporting period that

results in a retained catch of groundfish

and does not qualify as a Pacific cod

hook-and-line fishery, a sablefish hookand-line fishery, a jig gear fishery, or a

groundfish pot gear fishery as defined

under paragraph (e)(4)(ii) of this section.

(5) Seasonal apportionments of

bycatch allowances—(i) General. NMFS,

after consultation with the Council, may

apportion fishery bycatch allowances on

a seasonal basis.

(ii) Factors to be considered. NMFS

will base any seasonal apportionment of

a bycatch allowance on the following

types of information:

(A) Seasonal distribution of

prohibited species;

(B) Seasonal distribution of target

groundfish species relative to prohibited

species distribution;

(C) Expected prohibited species

bycatch needs on a seasonal basis

relevant to change in prohibited species

biomass and expected catches of target

groundfish species;

(D) Expected variations in bycatch

rates throughout the fishing year;

(E) Expected changes in directed

groundfish fishing seasons;

(F) Expected start of fishing effort; or

(G) Economic effects of establishing

seasonal prohibited species

apportionments on segments of the

target groundfish industry.

(iii) Seasonal trawl fishery bycatch

allowances—(A) Unused seasonal

apportionments. Unused seasonal

apportionments of trawl fishery bycatch

allowances made under this paragraph

(e)(5) will be added to its respective

fishery bycatch allowance for the next

season during a current fishing year.

(B) Seasonal apportionment

exceeded. If a seasonal apportionment

of a trawl fishery bycatch allowance

made under paragraph (d)(5) of this

section is exceeded, the amount by

which the seasonal apportionment is

exceeded will be deducted from its

respective apportionment for the next

season during a current fishing year.

(iv) Seasonal nontrawl fishery bycatch

allowances—(A) Unused seasonal

apportionments. Any unused portion of

a seasonal nontrawl fishery bycatch

allowance made under this paragraph

(e)(5) will be reapportioned to the

fishery’s remaining seasonal bycatch

allowances during a current fishing year

in a manner determined by NMFS, after

consultation with the Council, based on

the types of information listed under

paragraph (e)(5)(ii) of this section.

(B) Seasonal apportionment

exceeded. If a seasonal apportionment

of a nontrawl fishery bycatch allowance

made under this paragraph (e)(5) is

exceeded, the amount by which the

seasonal apportionment is exceeded

will be deducted from the fishery’s

remaining seasonal bycatch allowances

during a current fishing year in a

manner determined by NMFS, after

consultation with the Council, based on

the types of information listed under

paragraph (e)(5)(ii) of this section.

(6) Notification—(i) General. NMFS

will publish annually in the Federal

Register the proposed and final bycatch

allowances, seasonal apportionments

thereof, and the manner in which

seasonal apportionments of nontrawl

fishery bycatch allowances will be

managed, as required under this

paragraph (e).

(ii) Public comment. Public comment

will be accepted by NMFS on the

proposed bycatch allowances, seasonal

apportionments thereof, and the manner

in which seasonal apportionments of

nontrawl fishery bycatch allowances

will be managed, for a period of 30 days

from the date of publication in the

Federal Register.

(7) Trawl PSC closures—(i) Exception.

When a bycatch allowance, or seasonal

apportionment thereof, specified for the

pollock/Atka mackerel/’’other species’’

fishery category is reached, only

directed fishing for pollock is closed to

trawl vessels using nonpelagic trawl

gear.

(ii) Red king crab or C. bairdi Tanner

crab, Zone 1, closure. Except as

provided in paragraph (e)(7)(i) of this

section, if, during the fishing year, the

Regional Director determines that U.S.

fishing vessels participating in any of

the fishery categories listed in

paragraphs (e)(3)(iv)(B) through (F) of

this section will catch the Zone 1

bycatch allowance, or seasonal

apportionment thereof, of red king crab
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31259

or C. bairdi Tanner crab specified for

that fishery category under paragraph

(e)(3) of this section, NMFS will publish

in the Federal Register the closure of

Zone 1 to directed fishing for each

species and/or species group in that

fishery category for the remainder of the

year or for the remainder of the season.

(iii) Red king crab or C. bairdi Tanner

crab, Zone 2, closure. Except as

provided in paragraph (e)(7)(i) of this

section, if, during the fishing year, the

Regional Director determines that U.S.

fishing vessels participating in any of

the fishery categories listed in

paragraphs (e)(3)(iv)(B) through (F) of

this section will catch the Zone 2

bycatch allowance, or seasonal

apportionment thereof, of red king crab

or C. bairdi Tanner crab specified for

that fishery category under paragraph

(e)(3) of this section, NMFS will publish

in the Federal Register the closure of

Zone 2 to directed fishing for each

species and/or species group in that

fishery category for the remainder of the

year or for the remainder of the season.

(iv) Halibut closure. Except as

provided in paragraph (e)(7)(i) of this

section, if, during the fishing year, the

Regional Director determines that U.S.

fishing vessels participating in any of

the trawl fishery categories listed in

paragraphs (e)(3)(iv)(B) through (F) of

this section in the BSAI will catch the

halibut bycatch allowance, or seasonal

apportionment thereof, specified for that

fishery category under paragraph (e)(3)

of this section, NMFS will publish in

the Federal Register the closure of the

entire BSAI to directed fishing for each

species and/or species group in that

fishery category for the remainder of the

year or for the remainder of the season.

(v) Pacific herring—(A) Closure.

Except as provided in paragraph

(e)(7)(v)(B) of this section, if, during the

fishing year, the Regional Director

determines that U.S. fishing vessels

participating in any of the fishery

categories listed in paragraphs

(e)(3)(iv)(A) through (F) of this section

in the BSAI will catch the herring

bycatch allowance, or seasonal

apportionment thereof, specified for that

fishery category under paragraph (e)(3)

of this section, NMFS will publish in

the Federal Register the closure of the

Herring Savings Area as defined in

Figure 4 of this part to directed fishing

for each species and/or species group in

that fishery category.

(B) Exceptions—(1) Midwater pollock.

When the midwater pollock fishery

category reaches its specified bycatch

allowance, or seasonal apportionment

thereof, the Herring Savings Areas are

closed to directed fishing for pollock

with trawl gear.

(2) Pollock/Atka mackerel/ ‘‘other

species’’. When the pollock/Atka

mackerel/’’other species’’ fishery

category reaches its specified bycatch

allowance, or seasonal apportionment

thereof, the Herring Savings Areas are

closed to directed fishing for pollock by

trawl vessels using nonpelagic trawl

gear.

(vi) Chum salmon—(A) Trawling

prohibitions. (1) Trawling is prohibited

from August 1 through August 31 in the

Chum Salmon Savings Area.

(2) If the Regional Director determines

that 42,000 non-chinook salmon have

been caught by vessels using trawl gear

during August 15 through October 14 in

the CVOA defined under § 679.22(a)(5),

NMFS will prohibit fishing with trawl

gear for the remainder of the period

September 1 through October 14 in the

Chum Salmon Savings Area as defined

in paragraph (e)(7)(vi)(B) of this section.

(B) Chum Salmon Savings Area of the

CVOA. The Chum Salmon Savings Area

is an area defined by straight lines

connecting the following coordinates in

the order listed:

56°00′ N. lat., 167°00′ W. long.

56°00′ N. lat., 165°00′ W. long.

55°30′ N. lat., 165°00′ W. long.

55°30′ N. lat., 164°00′ W. long.

55°00′ N. lat., 164°00′ W. long.

55°00′ N. lat., 167°00′ W. long.

56°00′ N. lat., 167°00′ W. long.

(vii) Chinook salmon—(A) Closure.

When the Regional Director determines

that 48,000 chinook salmon have been

caught by vessels using trawl gear in the

BSAI during the time period from

January 1 through April 15, NMFS will

prohibit fishing with trawl gear for the

remainder of that period within the

Chinook Salmon Savings Area defined

in paragraph (e)(7)(vii)(B) of this

section.

(B) Chinook Salmon Savings Area.

The Chinook Salmon Savings Area is

defined in the following three areas of

the BSAI:

(1) The area defined by straight lines

connecting the following coordinates in

the order listed:

56°30′ N. lat., 171°00′ W. long.

56°30′ N. lat., 169°00′ W. long.

56°00′ N. lat., 169°00′ W. long.

56°00′ N. lat., 171°00′ W. long.

56°30′ N. lat., 171°00′ W. long.

(2) The area defined by straight lines

connecting the following coordinates in

the order listed:

54°00′ N. lat., 171°00′ W. long.

54°00′ N. lat., 170°00′ W. long.

53°00′ N. lat., 170°00′ W. long.

53°00′ N. lat., 171°00′ W. long.

54°00′ N. lat., 171°00′ W. long.

(3) The area defined by straight lines

connecting the following coordinates in

the order listed:

56°00′ N. lat., 165°00′ W. long.

56°00′ N. lat., 164°00′ W. long.

55°00′ N. lat., 164°00′ W. long.

55°00′ N. lat., 165°00′ W. long.

54°30′ N. lat., 165°00′ W. long.

54°30′ N. lat., 167°00′ W. long.

55°00′ N. lat., 167°00′ W. long.

55°00′ N. lat., 166°00′ W. long.

55°30′ N. lat., 166°00′ W. long.

55°30′ N. lat., 165°00′ W. long.

56°00′ N. lat., 165°00′ W. long.

(8) Nontrawl halibut closures. If,

during the fishing year, the Regional

Director determines that U.S. fishing

vessels participating in any of the

nontrawl fishery categories listed under

paragraph (e)(4) of this section will

catch the halibut bycatch allowance, or

seasonal apportionment thereof,

specified for that fishery category under

paragraph (e)(4)(ii) of this section,

NMFS will publish in the Federal

Register the closure of the entire BSAI

to directed fishing with the relevant gear

type for each species and/or species

group in that fishery category.

(f) Program to reduce prohibited

species bycatch rates—(1)

Requirements—(i) General. A vessel’s

bycatch rate, as calculated at the end of

a fishing month under paragraph

(f)(8)(ii) of this section, while

participating in the fisheries identified

in paragraph (f)(2) of this section, shall

not exceed bycatch rate standards

referenced in paragraph (f)(3) of this

section.

(ii) Applicability. A vessel is subject

to this paragraph (f) if the groundfish

catch of the vessel is observed on board

the vessel, or on board a mothership

that receives unsorted codends from the

vessel, at any time during a weekly

reporting period, and the vessel is

assigned to one of the fisheries defined

under paragraph (f)(2) of this section.

(2) Assigned fisheries. During any

weekly reporting period, a vessel’s

observed catch composition of

groundfish species for which a TAC has

been specified in the GOA or BSAI will

determine the fishery to which the

vessel is assigned, as follows:

(i) GOA midwater pollock fishery

means fishing with trawl gear in the

GOA that results in an observed catch

of groundfish from the GOA during any

weekly reporting period that is

composed of 95 percent or more of

pollock when the directed fishery for

pollock by vessels using trawl gear other

than pelagic trawl gear is closed.

(ii) GOA other trawl fishery means

fishing with trawl gear in the GOA that

results in an observed catch of

groundfish from the GOA during any
31260 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

weekly reporting period that does not

qualify as a midwater pollock fishery

under paragraph (f)(2)(i) of this section.

(iii) BSAI midwater pollock fishery

means fishing with trawl gear in the

BSAI that results in an observed catch

of groundfish from the BSAI during any

weekly reporting period that is

composed of 95 percent or more of

pollock when the directed fishery for

pollock by vessels using trawl gear other

than pelagic trawl gear is closed.

(iv) BSAI yellowfin sole fishery means

fishing with trawl gear in the BSAI that

results in a retained aggregate amount of

rock sole, ‘‘other flatfish,’’ and yellowfin

sole caught in the BSAI during any

weekly reporting period that is greater

than the retained amount of any other

fishery under this paragraph (f)(2) and

results in a retained amount of BSAI

yellowfin sole that is 70 percent or more

of the retained aggregate amount of

BSAI rock sole, ‘‘other flatfish,’’ and

yellowfin sole.

(v) BSAI bottom pollock fishery means

fishing with trawl gear in the BSAI that

results in a retained amount of pollock

caught in the BSAI during any weekly

reporting period other than pollock

harvested in the midwater pollock

fishery in the BSAI defined in paragraph

(f)(2)(iii) of this section, that is greater

than the retained amount of any other

fishery defined under this paragraph

(f)(2).

(vi) BSAI other trawl fishery means

fishing with trawl gear in the BSAI that

results in a retained amount of

groundfish caught in the BSAI during

any weekly reporting period that does

not qualify as a midwater pollock,

yellowfin sole, or bottom pollock

fishery.

(3) Notification of bycatch rate

standards—(i) Prior notice. Prior to

January 1 and July 1 of each year, the

Regional Director will publish

notification in the Federal Register

specifying bycatch rate standards for the

fisheries identified in this paragraph (f)

that will be in effect for specified

seasons within the 6-month periods of

January 1 through June 30 and July 1

through December 31, respectively.

(ii) Adjustments. The Regional

Director may adjust bycatch rate

standards as frequently as he or she

considers appropriate.

(4) Factors upon which bycatch rate

standards are based. Bycatch rate

standards for a fishery and adjustments

to such standards will be based on the

following information and

considerations:

(i) Previous years’ average observed

bycatch rates for that fishery.

(ii) Immediately preceding season’s

average observed bycatch rates for that

fishery.

(iii) The bycatch allowances and

associated fishery closures specified

under paragraphs (d) and (e) of this

section.

(iv) Anticipated groundfish harvests

for that fishery.

(v) Anticipated seasonal distribution

of fishing effort for groundfish.

(vi) Other information and criteria

deemed relevant by the Regional

Director.

(5) Public comment—(i) Prior

comment. Bycatch rate standards or

adjustments to such standards specified

under this section will not take effect

until NMFS has published the proposed

bycatch rate standards or adjustments to

such standards in the Federal Register

for public comment for a period of 30

days, unless NMFS finds for good cause

that such notification and public

comment are impracticable,

unnecessary, or contrary to the public

interest.

(ii) Comment after notification. If

NMFS decides, for good cause, that

bycatch rate standards or adjustments to

such standards are to be made effective

without affording a prior opportunity

for public comment, public comments

on the necessity for, and extent of,

bycatch rate standards or adjustments to

such standards will be received by the

Regional Director for a period of 15 days

after the effective date of notification.

(iii) Public inspection of data. During

any such 15-day period, the Regional

Director will make available for public

inspection, during business hours, the

aggregate data upon which bycatch rate

standards or adjustments to such

standards were based.

(iv) Written comments. If written

comments are received during any such

15-day period that oppose or protest

bycatch rate standards or adjustments to

such standards issued under this

section, NMFS will reconsider the

necessity for the bycatch standards or

adjustment to such standards and, as

soon as practicable after that

reconsideration, will either—

(A) Publish in the Federal Register

notification of continued effectiveness

of bycatch rate standards or adjustment

to such standards, responding to

comments received; or

(B) Modify or rescind bycatch rate

standards or adjustment to such

standards.

(6) Notification of adjustment to

bycatch rate standards. Notification of

adjustments to bycatch rate standards

issued by NMFS under paragraph (f)(3)

of this section will include the

following information:

(i) A description of the adjustment to

one or more bycatch rate standards

specified for a fishery.

(ii) The reasons for the adjustment

and the determinations required under

paragraph (f)(4) of this section.

(iii) The effective date and any

termination date of such adjustment. If

no termination date is specified, the

adjustment will remain in effect until

revised by subsequent notification in

the Federal Register.

(7) Vessel bycatch rates—(i) Observed

data. For purposes of this section,

observed data collected for each haul

sampled during a day will include:

Date; Federal reporting area where trawl

gear for the haul was retrieved; total

round weight of groundfish, in metric

tons in the portion of the haul sampled

by groundfish species or species group

for which a TAC has been specified

under § 679.20; and total round weight

of halibut, in kilograms, in the portion

of the haul sampled. Observer data from

the BSAI trawl fisheries also will

include the total number of red king

crab in the portion of the haul sampled.

(ii) Observer sampling procedures. (A)

NMFS will randomly predetermine the

hauls to be sampled by an observer

during the time the observer is on a

vessel.

(B) An observer will take samples at

random from throughout the haul, and

take samples prior to sorting of the haul

by the crew for processing or discarding

of the catch.

(C) An observer will sample a

minimum of 100 kg of fish from each

haul sampled.

(D) While an observer is at sea, the

observer will report to NMFS, on at least

a weekly basis, the data for sampled

hauls.

(E) Upon request, the observer will

allow the vessel operator to see all

observed data set forth under paragraph

(f)(7)(i) of this section that the observer

submits to NMFS.

(8) Determination of individual vessel

bycatch rates. For each vessel, the

Regional Director will aggregate from

sampled hauls the observed data

collected during a weekly reporting

period on the total round weight, in

metric tons, of each groundfish species

or species group for which a TAC has

been specified under § 679.20 to

determine to which of the fisheries

described in paragraph (f)(8)(i) of this

section the vessel should be assigned for

that week.

(i) Vessel assignment to fisheries—(A)

BSAI catcher/processors. Catcher/processors will be assigned to fisheries at the

end of each weekly reporting period

based on the round-weight equivalent of

the retained groundfish catch
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31261

composition reported on a vessel’s WPR

that is submitted to the Regional

Director under § 679.5.

(B) BSAI catcher vessel delivery in

Federal waters. Catcher vessels that

deliver to motherships in Federal waters

during a weekly reporting period will be

assigned to fisheries based on the

round-weight equivalent of the retained

groundfish catch composition reported

on the WPR submitted to the Regional

Director for that week by the mothership

under § 679.5.

(C) BSAI catcher vessel delivery in

Alaska State waters. Catcher vessels

delivering groundfish to shoreside

processors or to motherships in Alaska

State waters during a weekly reporting

period will be assigned to fisheries

based on the round-weight equivalent of

the groundfish retained by the processor

and reported on an ADF&G fish ticket as

required under Alaska State regulations

at A.S. 16.05.690.

(ii) Calculation of monthly bycatch

rates—(A) Assigned fishery. At the end

of each fishing month during which an

observer sampled at least 50 percent of

a vessel’s total number of trawl hauls

retrieved while an observer was aboard

(as recorded in the vessel’s DFL), the

Regional Director will calculate the

vessel’s bycatch rate based on observed

data for each fishery to which the vessel

was assigned for any weekly reporting

period during that fishing month.

(B) Verified observer data. Only

observed data that have been checked,

verified, and analyzed by NMFS will be

used to calculate vessel bycatch rates for

purposes of this section.

(C) Calculation. The bycatch rate of a

vessel for a fishery defined under

paragraph (f)(2) of this section during a

fishing month is a ratio of halibut to

groundfish that is calculated by using

the total round weight of halibut (in

kilograms), or total number of red king

crab, in samples during all weekly

reporting periods in which the vessel

was assigned to that fishery and the

total round weight of the groundfish (in

metric tons) for which a TAC has been

specified under § 679.20 in samples

taken during all such periods.

(9) Compliance with bycatch rate

standards. A vessel has exceeded a

bycatch rate standard for a fishery if the

vessel’s bycatch rate for a fishing month,

as calculated under paragraph (f)(8)(ii)

of this section exceeds the bycatch rate

standard established for that fishery

under paragraph (f)(2) of this section.

§ 679.22 Closures.

(a) BSAI—(1) Zone 1 (512) closures to

trawl gear—(i) Year-round closures. No

fishing with trawl gear is allowed at any

time in reporting area 512 of Zone 1 in

the Bering Sea subarea (see Figure 1 of

this part), except as described in

paragraph (a)(1)(ii) of this section.

(ii) Partial closures (Port Moller).

NMFS may allow fishing for Pacific cod

with trawl gear in that portion of

reporting area 512 that lies south of a

straight line connecting the coordinates

56°43′ N. lat., 160°00′ W. long., and

56°00′ N. lat., 162°00′ W. long.,

provided that such fishing is in

compliance with a scientific data

collection and monitoring program,

established by the Regional Director

after consultation with the Council,

designed to provide data useful in the

management of the trawl fishery, the

halibut, Tanner crab and king crab

fisheries, and to prevent overfishing of

the halibut, Tanner and king crab stocks

in the area.

(2) Zone 1 (516) closures to trawl

gear—(i) Seasonal closures. No fishing

with trawl gear is allowed at any time

in reporting area 516 of Zone 1 in the

Bering Sea Subarea (see Figure 1 of this

part) during the period March 15

through June 15, except as described in

paragraph (a)(2)(ii) of this section.

(ii) Partial closures (Port Moller).

During the period March 15 through

June 15, NMFS may allow fishing for

Pacific cod with trawl gear in that

portion of reporting area 516 that lies

south of the line connecting 56°00′ N.

lat., 162° W. long., and 55°38′ N. lat.,

163°00′ W. long., provided that such

fishing is in compliance with a

scientific data collection and monitoring

program, established by the Regional

Director after consultation with the

Council, designed to provide data useful

in the management of the trawl fishery,

halibut, Tanner crab and king crab

fisheries, and to prevent overfishing of

the halibut, Tanner crab, and king crab

stocks in the area.

(3) Red king crab closures. If the

Regional Director determines that

vessels fishing with trawl gear in

reporting areas 512 and 516 will catch

the PSC limit of 12,000 red king crabs,

he or she will immediately prohibit all

fishing with trawl gear in those areas by

notification in the Federal Register.

(4) Walrus protection areas. From

April 1 through September 30 of any

fishing year, vessels with a Federal

fisheries permit under § 679.4 are

prohibited in that part of the Bering Sea

subarea between 3 and 12 nm seaward

of the baseline used to measure the

territorial sea around islands named

Round Island and The Twins, as shown

on National Ocean Survey Chart 16315,

and around Cape Pierce (58°33′ N. lat.,

161°43′ W. long.).

(5) Catcher Vessel Operational Area

(CVOA) (applicable through December

31, 1998)—(i) Inshore component. The

CVOA is established annually from the

beginning of the second season of

directed fishing for pollock defined at

§ 679.23(e) until either the date that

NMFS determines that the pollock quota

for processing by the inshore

component has been harvested, or

December 31, whichever is earlier.

(ii) Offshore component. (A) Vessels

in the offshore component are

prohibited from conducting directed

fishing for pollock in the CVOA unless

they are operating under a CDP

approved by NMFS.

(B) Vessels in the offshore component

that do not catch groundfish but do

process pollock caught in a directed

fishery for pollock may operate within

the CVOA to process pollock.

(iii) Other than pollock. Vessels that

catch or process groundfish in directed

fisheries for species other than pollock

may operate within the CVOA.

(6) Pribilof Island Area Habitat

Conservation Zone. Trawling is

prohibited at all times in the area

bounded by a straight line connecting

the following pairs of coordinates in the

following order:

57°57.0′ N. lat., 168°30.0′ W. long.

56°55.2′ N. lat., 168°30.0′ W. long.

56°48.0′ N. lat., 169°2.4′ W. long.

56°34.2′ N. lat., 169°2.4′ W. long.

56°30.0′ N. lat., 169°25.2′ W. long.

56°30.0′ N. lat., 169°44.1′ W. long.

56°55.8′ N. lat., 170°21.6′ W. long.

57°13.8′ N. lat., 171°0.0′ W. long.

57°57.0′ N. lat., 171°0.0′ W. long.

57°57.0′ N. lat., 168°30.0′ W. long.

(7) Steller sea lion protection areas,

Bering Sea Subarea and Bogoslof

District—(i) Year-round closures.

Trawling is prohibited within 10 nm

(18.5 km) of each of the eight Steller sea

lion rookeries shown in Table 4a of this

part.

(ii) Seasonal closures. During January

1 through April 15, or a date earlier than

April 15, if adjusted under § 679.20,

trawling is prohibited within 20 nm (37

km) of each of the six Steller sea lion

rookeries shown in Table 4b of this part.

(8) Steller sea lion protection areas,

Aleutian Islands Subarea—(i) Yearround closures. Trawling is prohibited

within 10 nm (18.4 km) of each of the

19 Steller sea lion rookeries shown in

Table 5a of this part.

(ii) Seasonal closures. During January

1 through April 15, or a date earlier than

April 15, if adjusted under § 679.20,

trawling is prohibited within 20 nm (37

km) of each of the two Steller sea lion

rookeries shown in Table 5b of this part.

(b) GOA—(1) Kodiak Island, trawls

other than pelagic trawls —(i) Type I

closures. No person may trawl in waters

of the EEZ within the vicinity of Kodiak
31262 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Island, as shown in Figure 5 of this part

as Type I areas, from a vessel having any

trawl other than a pelagic trawl either

attached or on board.

(ii) Type II closures. From February 15

to June 15, no person may trawl in

waters of the EEZ within the vicinity of

Kodiak Island, as shown in Figure 5 of

this part as Type II areas, from a vessel

having any trawl other than a pelagic

trawl either attached or on board.

(iii) Type III closures. Type III areas

are open to any trawl other than a

pelagic trawl gear year round.

(2) Steller sea lion protection areas—

(i) Year-round closures. Trawling is

prohibited in the GOA within 10 nm of

the 14 Steller sea lion rookeries

designated in Table 6a of this part.

(ii) Seasonal closures. During January

1 through April 15, or a date earlier than

April 15, if adjusted under § 679.20,

trawling is prohibited in the GOA

within 20 nm of each of the three Steller

sea lion rookeries presented in Table 6b

of this part.

(c) Directed fishing closures. See

§ 679.20(d).

(d) Groundfish as prohibited species

closures. See § 679.20(d).

(e) Overfishing closures. See

§ 679.20(d).

(f) Prohibited species closures. See

§ 679.21.

§ 679.23 Seasons.

(a) General. Fishing for groundfish in

the GOA and BSAI is authorized from

0001 hours, A.l.t., January 1, through

2400 hours, A.l.t., December 31, subject

to the other provisions of this part,

except as provided in paragraph (c) of

this section.

(b) Time of groundfish openings and

closures. The time of all openings and

closures of fishing seasons, other than

the beginning and end of the calendar

fishing year, is 1200 hours, A.l.t.

(c) GOA and BSAI trawl groundfish.

Notwithstanding other provisions of this

part, fishing for groundfish with trawl

gear in the GOA and BSAI is prohibited

from 0001 hours, A.l.t., January 1,

through 1200 hours, A.l.t., January 20.

(d) GOA seasons—(1) Directed fishing

for trawl rockfish. Directed fishing for

rockfish of the genera Sebastes and

Sebastolobus with trawl gear is

authorized from 1200 hours, A.l.t., on

the first day of the third quarterly

reporting period of a fishing year

through 2400 hours, A.l.t., December 31,

subject to other provisions of this part.

(2) Directed fishing for pollock.

Subject to other provisions of this part,

directed fishing for pollock in the

Western and Central Regulatory Areas is

authorized only during the three

seasons:

(i) From 0001 hours, A.l.t., January 1,

through 1200 hours, A.l.t., April 1;

(ii) From 1200 hours, A.l.t., June 1,

through 1200 hours, A.l.t., July 1; and

(iii) From 1200 hours, A.l.t.,

September 1, through 2400 hours, A.l.t.,

December 31.

(e) BSAI seasons—(1) Directed fishing

for arrowtooth flounder and Greenland

turbot. Directed fishing for arrowtooth

flounder and Greenland turbot in the

BSAI is authorized from 1200 hours,

A.l.t., May 1, through 2400 hours, A.l.t.,

December 31, subject to the other

provisions of this part.

(2) Directed fishing for pollock.

Subject to other provisions of this part,

and except as provided in paragraph

(e)(3) of this section, directed fishing for

pollock is authorized from 0001 hours,

A.l.t., January 1, through 1200 hours,

A.l.t., April 15, and from 1200 hours,

A.l.t., August 15, through the end of the

fishing year.

(3) Offshore pollock (Applicable

through December 31, 1998)—

(i) Subject to other provisions of this

part and except as provided in

paragraph (e)(3)(ii) of this section,

directed fishing for pollock by the

offshore component, defined at § 679.2,

or by vessels delivering pollock to the

offshore component, is authorized from

1200 hours, A.l.t., January 26, through

1200 hours, A.l.t., April 15, and from

1200 hours, A.l.t., August 15, through

the end of the fishing year.

(ii) Directed fishing for pollock by the

offshore component or vessels

delivering pollock to the offshore

component is prohibited through 1200

hours, A.l.t., February 5, for those

vessels that are used to fish prior to

1200 hours, A.l.t., January 26, for

groundfish in the BSAI, groundfish in

the GOA, as defined at § 679.2, or king

or Tanner crab in the BSAI, as defined

at § 679.2. This paragraph (e)(3)(ii) does

not apply to vessels used to fish

exclusively in a directed fishery for

pollock prior to 1200 hours, A.l.t.,

January 26, under the Western Alaska

CDQ Program pursuant to subpart C of

this part.

(4) CDQ fishing seasons. (i) CDQ

halibut. Fishing for CDQ halibut with

fixed gear under an approved CDQ

allocation may begin on the effective

date of the allocation, except that CDQ

fishing may occur only during the

fishing periods specified in part 301 of

this title.

(ii) CDQ sablefish. Fishing for CDQ

sablefish with fixed gear under an

approved CDQ allocation may begin on

the effective date of the allocation,

except that CDQ directed fishing may

occur only during the IFQ fishing

season specified in paragraph (g)(1) of

this section.

(iii) CDQ pollock. Directed fishing for

pollock under the Western Alaska CDQ

Program pursuant to subpart C of this

part is authorized from 0001 hours,

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

fishing year.

(f) IFQ halibut. The fishing period(s)

for IFQ halibut are established by the

IPHC and are specified in part 301 of

this title. Catches of halibut by fixed

gear at times other than during the

specified fishing periods must be treated

as prohibited species as prescribed at

§ 679.21(b).

(g) IFQ sablefish. (1) 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 and announced

by publication in the Federal Register.

The Regional Director will take into

account the opening date of the halibut

season when determining the opening

date for sablefish for the purposes of

reducing bycatch and regulatory

discards between the two fisheries.

(2) Catches of sablefish by fixed gear

during other periods may be retained up

to the amounts provided for by the

directed fishing standards specified at

§ 679.20 when made by an individual

aboard the vessel who has a valid IFQ

card and unused IFQ in the account on

which the card was issued.

(3) Catches of sablefish in excess of

the maximum retainable bycatch

amounts and catches made without IFQ

must be treated in the same manner as

prohibited species.

§ 679.24 Gear limitations.

Regulations pertaining to vessel and

gear markings are set forth in this

section and as prescribed in part 301 of

this title.

(a) Marking of gear—longline marker

buoys. (1) All longline marker buoys

carried on board or used by any vessel

regulated under this part shall be

marked with the following:

(i) The vessel’s name; and

(ii) The vessel’s Federal fisheries

permit number; or

(iii) The vessel’s registration number.

(2) Markings shall be in characters at

least 4 inches (10.16 cm) in height and

0.5 inch (1.27 cm) in width in a

contrasting color visible above the water

line and shall be maintained so the

markings are clearly visible.

(b) Gear restrictions—(1) Pots—(i)

Biodegradable panel. Each pot used to

fish for groundfish must be equipped

with a biodegradable panel at least 18

inches (45.72 cm) in length that is

parallel to, and within 6 inches (15.24

cm) of, the bottom of the pot, and that
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31263

is sewn up with untreated cotton thread

of no larger size than No. 30.

(ii) Tunnel opening. Each pot used to

fish for groundfish must be equipped

with rigid tunnel openings that are no

wider than 9 inches (22.86 cm) and no

higher than 9 inches (22.86 cm), or soft

tunnel openings with dimensions that

are no wider than 9 inches (22.86 cm).

(iii) Longline pot gear. Any person

using longline pot gear must treat any

catch of groundfish as a prohibited

species as provided by § 679.21(b),

except in the Aleutian Islands subarea.

(2) Net-sounder device. Each person

trawling in any GOA area limited to

pelagic trawling under § 679.22 must

maintain on that trawl a properly

functioning, recording net-sounder

device, and must retain all net-sounder

recordings on board the fishing vessel

during the fishing year.

(3) Trawl footrope. No person trawling

in any GOA area limited to pelagic

trawling under § 679.22 may allow the

footrope of that trawl to be in contact

with the seabed for more than 10

percent of the period of any tow, as

indicated by the net-sounder device.

(c) Gear restrictions for sablefish—(1)

Gear allocations. Gear allocations of

sablefish TAC are set out under

§ 679.20.

(2) GOA Eastern Area—(i) General.

(A) No person may use any gear other

than hook-and-line and trawl gear when

fishing for sablefish in the GOA Eastern

Area.

(B) No person may use any gear other

than hook-and-line gear to engage in

directed fishing for sablefish.

(ii) Sablefish as prohibited species—

(A) Trawl gear. When operators of

vessels using trawl gear have harvested

5 percent of the TAC for sablefish in the

GOA Eastern Regulatory Area during

any year, further trawl catches of

sablefish must be treated as prohibited

species as provided by § 679.21(b).

(B) Other gear. Operators of vessels

using gear types other than those

specified in paragraph (c)(2)(i) of this

section in the GOA Eastern Regulatory

Area must treat any catch of sablefish as

a prohibited species as provided by

§ 679.21(b).

(3) GOA Central and Western Areas;

sablefish as prohibited species.

Operators of vessels using gear types

other than hook-and-line and trawl gear

in the GOA Central and Western

Regulatory Areas must treat any catch of

sablefish in these areas as a prohibited

species as provided by § 679.21(b).

(4) BSAI. Operators of vessels using

gear types other than hook-and-line, pot,

or trawl gear in the BSAI must treat

sablefish as a prohibited species as

provided by § 679.21(b).

(d) Trawl gear test areas—(1) General.

For purposes of allowing pelagic and

nonpelagic trawl fishermen to test trawl

fishing gear, NMFS may establish, after

consulting with the Council, locations

for the testing of trawl fishing gear in

areas that would otherwise be closed to

trawling.

(2) Trawl gear testing. For the

purposes of this section, ‘‘trawl gear

testing’’ means deploying trawl gear in

areas designated in this paragraph (d)

under the following conditions.

(i) The codend shall be unzipped

while trawl gear testing.

(ii) Groundfish shall not be possessed

on board when trawl gear testing.

(iii) Observers aboard vessels during

the time spent trawl gear testing shall

not fulfill observer requirements at

subpart E of this part.

(3) Criteria. The establishment of test

areas must comply with the following

criteria:

(i) Depth and bottom type must be

suitable for testing the particular gear

type.

(ii) The areas must be outside State

waters.

(iii) The areas must be in locations not

normally closed to fishing with that gear

type.

(iv) The areas must be in locations

that are not usually fished heavily by

that gear type.

(v) The areas must not be within a

designated Steller sea lion protection

area at any time of the year.

(4) Test areas. Trawl gear testing is

allowed in the following areas (Figure 7

of this part) bounded by straight lines

connecting the coordinates in the order

listed, at all times:

(i) Kodiak Test Area.

57°37′ N. lat., 152°02′ W. long.

57°37′ N. lat., 151°25′ W. long.

57°23′ N. lat., 151°25′ W. long.

57°23′ N. lat., 152°02′ W. long.

57°37′ N. lat., 152°02′ W. long.

(ii) Sand Point Test Area.

54°50′ N. lat., 161°00′ W. long.

54°50′ N. lat., 160°30′ W. long.

54°35′ N. lat., 160°30′ W. long.

54°35′ N. lat., 161°00′ W. long.

54°50′ N. lat., 161°00′ W. long.

(iii) Bering Sea Test Area.

55°00′ N. lat., 167°00′ W. long.

55°00′ N. lat., 166°00′ W. long.

54°40′ N. lat., 166°00′ W. long.

54°40′ N. lat., 167°00′ W. long.

55°00′ N. lat., 167°00′ W. long.

§ 679.25 Inseason adjustments.

(a) General—(1) Types of adjustments.

Inseason adjustments issued by NMFS

under this section include:

(i) Closure, extension, or opening of a

season in all or part of a management

area.

(ii) Modification of the allowable gear

to be used in all or part of a

management area.

(iii) Adjustment of TAC and PSC

limits.

(iv) Interim closures of statistical

areas, or portions thereof, to directed

fishing for specified groundfish species.

(2) Determinations. (i) Any inseason

adjustment taken under paragraphs

(a)(1)(i), (ii), or (iii) of this section must

be based on a determination that such

adjustments are necessary to prevent:

(A) Overfishing of any species or

stock of fish or shellfish;

(B) Harvest of a TAC for any

groundfish species or the taking of a

PSC limit for any prohibited species

that, on the basis of the best available

scientific information, is found by

NMFS to be incorrectly specified; or

(C) Underharvest of a TAC or gear

share of a TAC for any groundfish

species when catch information

indicates that the TAC or gear share has

not been reached.

(ii) Any inseason closure of a

statistical area, or portion thereof, under

paragraph (a)(1)(iv) of this section, must

be based upon a determination that such

closures are necessary to prevent:

(A) A continuation of relatively high

bycatch rates of prohibited species

specified under § 679.21(b) in a

statistical area, or portion thereof;

(B) Take of an excessive share of PSC

limits or bycatch allowances established

under § 679.21(d) and (e) by vessels

fishing in a statistical area, or portion

thereof;

(C) Closure of one or more directed

fisheries for groundfish due to excessive

prohibited species bycatch rates

occurring in a specified fishery

operating within all or part of a

statistical area; or

(D) Premature attainment of

established PSC limits or bycatch

allowances and associated loss of

opportunity to harvest the groundfish

OY.

(iii) The selection of the appropriate

inseason management adjustments

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

section must be from the following

authorized management measures and

must be based upon a determination by

the Regional Director that the

management adjustment selected is the

least restrictive necessary to achieve the

purpose of the adjustment:

(A) Any gear modification that would

protect the species in need of

conservation, but that would still allow

other fisheries to continue;

(B) An inseason adjustment that

would allow other fisheries to continue

in noncritical areas and time periods;
31264 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(C) Closure of a management area and

season to all groundfish fishing; or

(D) Reopening of a management area

or season to achieve the TAC or gear

share of a TAC for any of the target

species or the ‘‘other species category.

(iv) The adjustment of a TAC or PSC

limit for any species under paragraph

(a)(1)(iii) of this section must be based

upon a determination by the Regional

Director that the adjustment is based

upon the best available scientific

information concerning the biological

stock status of the species in question

and that the currently specified TAC or

PSC limit is incorrect. Any adjustment

to a TAC or PSC limit must be

reasonably related to the change in

biological stock status.

(v) The inseason closure of a

statistical area, or a portion thereof,

under paragraph (a)(1)(iv) of this section

shall not extend beyond a 60-day period

unless information considered under

paragraph (b) of this section warrants an

extended closure period. Any closure of

a statistical area, or portion thereof, to

reduce prohibited species bycatch rates

requires a determination by the Regional

Director that the closure is based on the

best available scientific information

concerning the seasonal distribution

and abundance of prohibited species

and bycatch rates of prohibited species

associated with various groundfish

fisheries.

(b) Data. All information relevant to

one or more of the following factors may

be considered in making the

determinations required under

paragraphs (a)(2)(i) and (ii) of this

section:

(1) The effect of overall fishing effort

within a statistical area;

(2) Catch per unit of effort and rate of

harvest;

(3) Relative distribution and

abundance of stocks of groundfish

species and prohibited species within

all or part of a statistical area;

(4) Condition of a stock in all or part

of a statistical area;

(5) Inseason prohibited species

bycatch rates observed in groundfish

fisheries in all or part of a statistical

area;

(6) Historical prohibited species

bycatch rates observed in groundfish

fisheries in all or part of a statistical

area;

(7) Economic impacts on fishing

businesses affected; or

(8) Any other factor relevant to the

conservation and management of

groundfish species or any incidentally

caught species that are designated as

prohibited species or for which a PSC

limit has been specified.

(c) Procedure. (1) No inseason

adjustment issued under this section

will take effect until—

(i) NMFS has filed the proposed

adjustment for public inspection with

the Office of the Federal Register; and

(ii) NMFS has published the proposed

adjustment in the Federal Register for

public comment for a period of 30 days

before it is made final, unless NMFS

finds for good cause that such

notification and public procedure is

impracticable, unnecessary, or contrary

to the public interest.

(2) If NMFS decides, for good cause,

that an adjustment is to be made

without affording a prior opportunity

for public comment, public comments

on the necessity for, and extent of, the

adjustment will be received by the

Regional Director for a period of 15 days

after the effective date of notification.

(3) During any such 15-day period,

the Regional Director will make

available for public inspection, during

business hours, the aggregate data upon

which an adjustment was based.

(4) If written comments are received

during any such 15-day period that

oppose or protest an inseason

adjustment issued under this section,

NMFS will reconsider the necessity for

the adjustment and, as soon as

practicable after that reconsideration,

will either—

(i) Publish in the Federal Register

notification of continued effectiveness

of the adjustment, responding to

comments received; or

(ii) Modify or rescind the adjustment.

(5) Notifications of inseason

adjustments issued by NMFS under

paragraph (a) of this section will include

the following information:

(i) A description of the management

adjustment.

(ii) Reasons for the adjustment and

the determinations required under

paragraph (a)(2)(i) of this section.

(iii) The effective date and any

termination date of such adjustment. If

no termination date is specified, the

adjustment will terminate on the last

day of the fishing year.

Subpart C—Western Alaska

Community Development Quota

Program

§ 679.30 General CDQ regulations.

(a) State of Alaska CDQ

responsibilities—(1) Compliance. The

State of Alaska must be able to ensure

implementation of the CDPs once

approved by NMFS. To accomplish this,

the State must establish a monitoring

system that defines what constitutes

compliance and non-compliance.

(2) Public hearings. Prior to granting

approval of a CDP recommended by the

Governor, NMFS shall find that the

Governor developed and approved the

CDP after conducting at least one public

hearing, at an appropriate time and

location in the geographical area

concerned, so as to allow all interested

persons an opportunity to be heard.

Hearing(s) on the CDP do not have to be

held on the actual documents submitted

to the Governor under paragraph (b) of

this section, but must cover the

substance and content of the proposed

CDP in such a manner that the general

public, and particularly the affected

parties, have a reasonable opportunity

to understand the impact of the CDP.

The Governor must provide reasonable

public notification of hearing date(s)

and location(s). The Governor must

make available for public review, at the

time of public notification of the

hearing, all state materials pertinent to

the hearing(s) and must include a

transcript or summary of the public

hearing(s) with the Governor’s

recommendations to NMFS in

accordance with this subpart. At the

same time this transcript is submitted to

NMFS, it must be made available, upon

request, to the public. The public

hearing held by the Governor will serve

as the public hearing for purposes of

NMFS review under paragraph (c) of

this section.

(3) Council consultation. Before

sending his/her recommendations for

approval of CDPs to NMFS, the

Governor must consult with the

Council, and make available, upon

request, CDPs that are not part of the

Governor’s recommendations.

(b) CDP application. The Governor,

after consultation with the Council,

shall include in his or her written

findings to NMFS recommending

approval of a CDP, that the CDP meets

the requirements of these regulations,

the Magnuson Act, the Alaska Coastal

Management Program, and other

applicable law. At a minimum, the

submission must discuss the

determination of a community as

eligible; information regarding

community development, including

goals and objectives; business

information; and a statement of the

managing organization’s qualifications.

For purposes of this section, an eligible

community includes any community or

group of communities that meets the

criteria set out in paragraph (d) of this

section. Applications for a CDP must

include the following information:

(1) Community development

information. Community development

information includes:

(i) Project description. A description

of the CDP projects that are proposed to

be funded by the CDQ and how the CDP
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31265

projects satisfy the goals and purpose of

the CDQ program.

(ii) Allocation request. The allocation

of each CDQ species requested for each

subarea or district of the BSAI, as

defined at § 679.2 and for each IPHC

regulatory area, as prescribed in part

301 of this title.

(iii) Project schedule. The length of

time the CDQ will be necessary to

achieve the goals and objectives of the

CDP, including a project schedule with

measurable milestones for determining

progress.

(iv) Employment. The number of

individuals to be employed under the

CDP, the nature of the work provided,

the number of employee-hours

anticipated per year, and the availability

of labor from the applicant’s

community(ies).

(v) Vocational and educational

programs. Description of the vocational

and educational training programs that

a CDQ allocation under the CDP would

generate.

(vi) Existing infrastructure.

Description of existing fishery-related

infrastructure and how the CDP would

use or enhance existing harvesting or

processing capabilities, support

facilities, and human resources.

(vii) New capital. Description of how

the CDP would generate new capital or

equity for the applicant’s fishing and/or

processing operations.

(viii) Transition plan. A plan and

schedule for transition from reliance on

the CDQ allocation under the CDP to

self-sufficiency in fisheries.

(ix) Short- and long-term benefits. A

description of short- and long-term

benefits to the applicant from the CDQ

allocation.

(2) Business information. Business

information includes:

(i) Method of harvest. Description of

the intended method of harvesting the

CDQ allocation, including the types of

products to be produced; amounts to be

harvested; when, where, and how

harvesting is to be conducted; and

names and permit numbers of the

vessels that will be used to harvest a

CDQ allocation.

(ii) Target market and competition.

Description of the target market for sale

of products and competition existing or

known to be developing in the target

market.

(iii) Business relationships.

Description of business relationships

between all business partners or with

other business interests, if any,

including arrangements for

management, audit control, and a plan

to prevent quota overages. For purposes

of this section, business partners means

all individuals who have a financial

interest in the CDQ project.

(iv) Profit sharing. Description of

profit sharing arrangements.

(v) Funding. Description of all

funding and financing plans.

(vi) Partnerships. Description of joint

venture arrangements, loans, or other

partnership arrangements, including the

distribution of proceeds among the

parties.

(vii) General budget for implementing

the CDP. A general budget is a general

account of estimated income and

expenditures for each CDP project that

is described in paragraph (b)(1)(i) of this

section for the total number of calendar

years that the CDP is in effect.

(viii) Capital equipment. A list of all

capital equipment.

(ix) Cash flow. A cash flow and breakeven analysis.

(x) Income statement. A balance sheet

and income statement, including profit,

loss, and return on investment for the

proposed CDP.

(3) Statement of managing

organization’s qualifications. Statement

of the managing organization’s

qualifications includes:

(i) Structure and personnel.

Information regarding its management

structure and key personnel, such as

resumes and references; including the

name, address, fax number, and

telephone number of the managing

organization’s representative; and

(ii) Management qualifications. A

description of how the managing

organization is qualified to manage a

CDQ allocation and prevent quota

overages. For purposes of this section, a

qualified managing organization means

any organization or firm that would

assume responsibility for managing all

or part of the CDP and that meets the

following criteria:

(A) Official letter of support.

Documentation of support from each

community represented by the applicant

for a CDP through an official letter of

support approved by the governing body

of the community.

(B) Legal relationship. Documentation

of a legal relationship between the CDP

applicant and the managing

organization (if the managing

organization is different from the CDP

applicant), which clearly describes the

responsibilities and obligations of each

party as demonstrated through a

contract or other legally binding

agreement.

(C) Expertise. Demonstration of

management and technical expertise

necessary to carry out the CDP as

proposed by the CDP application (e.g.,

proven business experience as shown by

a balance and income statement,

including profit, loss, and the return on

investment on all business ventures

within the previous 12 months by the

managing organization).

(c) Review and approval of CDPs—(1)

Consistent with criteria. (i) Upon receipt

by NMFS of the Governor’s

recommendation for approval of

proposed CDPs, NMFS will review the

record to determine whether the

community eligibility criteria and the

evaluation criteria set forth in paragraph

(d) of this section have been met. NMFS

shall then approve or disapprove the

Governor’s recommendation within 45

days of its receipt.

(ii) In the event of approval, NMFS

shall notify the Governor and the

Council in writing that the Governor’s

recommendations for CDPs are

consistent with the evaluation criteria

under paragraph (d) of this section and

other applicable law, including NMFS

reasons for approval.

(iii) Publication of the decision,

including the percentage of each CDQ

reserve for each subarea or district

allocated under the CDPs and the

availability of the findings, will be

published in the Federal Register.

(iv) NMFS will allocate no more than

33 percent of the total CDQ to any

approved CDP application.

(v) A CDQ community may not

concurrently receive more than one

pollock, halibut, or sablefish allocation

and only one application for each type

of CDP per CDQ applicant will be

accepted.

(2) Not consistent with criteria. (i) If

NMFS finds that the Governor’s

recommendations for CDQ allocations

are not consistent with the evaluation

criteria set forth in these regulations and

disapproves the Governor’s

recommendations, NMFS shall so

advise the Governor and the Council in

writing, including the reasons therefor.

(ii) Notification of the decision will be

published in the Federal Register.

(3) Revised CDP. (i) The CDP

applicant may submit a revised CDP to

the Governor for submission to NMFS.

(ii) Review by NMFS of a revised CDP

application will be in accordance with

the provisions set forth in this section.

(d) Evaluation criteria. NMFS will

approve the Governor’s

recommendations for CDPs if NMFS

finds the CDP is consistent with the

requirements of these regulations,

including the following:

(1) CDP application. Each CDP

application is submitted in compliance

with the application procedures

described in paragraph (b) of this

section.

(2) NMFS review. Prior to approval of

a CDP recommended by the Governor,
31266 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

NMFS will review the Governor’s

findings to determine that each

community that is part of a CDP is listed

in Table 7 of this part or meets the

following criteria for an eligible

community:

(i) The community is located within

50 nm from the baseline from which the

breadth of the territorial sea is measured

along the Bering Sea coast from the

Bering Strait to the western most of the

Aleutian Islands, or on an island within

the Bering Sea. A community is not

eligible if it is located on the GOA coast

of the North Pacific Ocean, even if it is

within 50 nm of the baseline of the

Bering Sea.

(ii) The community is certified by the

Secretary of the Interior pursuant to the

Native Claims Settlement Act (Public

Law 92–203) to be a native village.

(iii) The residents of the community

conduct more than half of their current

commercial or subsistence fishing effort

in the waters of the BSAI.

(iv) The community has not

previously developed harvesting or

processing capability sufficient to

support substantial groundfish fisheries

participation in the BSAI, unless the

community can show that benefits from

an approved CDP would be the only

way to realize a return from previous

investments. The communities of

Unalaska and Akutan are excluded

under this provision.

(3) Qualified managing organization.

Each CDP application demonstrates that

a qualified managing organization will

be responsible for the harvest and use of

the CDQ allocation pursuant to the CDP.

(4) Exceeding the CDQ allocation.

Each CDP application demonstrates that

its managing organization can

effectively prevent exceeding the CDQ

allocation.

(5) Governor’s findings. The Governor

has found for each recommended CDP

that:

(i) The CDP and the managing

organization are fully described in the

CDP application, and have the ability to

successfully meet the CDP milestones

and schedule.

(ii) The managing organization has an

adequate budget for implementing the

CDP, and the CDP is likely to be

successful.

(iii) A qualified applicant has

submitted the CDP application and the

applicant and managing organization

have the support of each community

participating in the proposed CDQ

project as demonstrated through an

official letter approved by the governing

body of each such community.

(iv) The following factors have been

considered:

(A) The number of individuals from

applicant communities who will be

employed under the CDP, the nature of

their work, and career advancement.

(B) The number and percentage of low

income persons residing in the

applicant communities, and the

economic opportunities provided to

them through employment under the

CDP.

(C) The number of communities

cooperating in the application.

(D) The relative benefits to be derived

by participating communities and the

specific plans for developing a selfsustaining fisheries economy.

(E) The success or failure of the

applicant and/or the managing

organization in the execution of a prior

CDP (e.g., exceeding a CDQ allocation or

any other related violation may be

considered a failure and may therefore

result in partially or fully precluding a

CDP from a future CDQ allocation).

(6) Qualified applicant. For purposes

of this paragraph (d), ‘‘qualified

applicant’’ means:

(i) A local fishermen’s organization

from an eligible community, or group of

eligible communities, that is

incorporated under the laws of the State

of Alaska, or under Federal law, and

whose board of directors is composed of

at least 75 percent resident fishermen of

the community (or group of

communities) that is (are) making an

application; or

(ii) A local economic development

organization incorporated under the

laws of the State of Alaska, or under

Federal law, specifically for the purpose

of designing and implementing a CDP,

and that has a board of directors

composed of at least 75 percent resident

fishermen of the community (or group

of communities) that is (are) making an

application.

(7) Resident fisherman. For the

purpose of this paragraph (d), ‘‘resident

fisherman’’ means an individual with

documented commercial or subsistence

fishing activity who maintains a mailing

address and permanent domicile in the

community and is eligible to receive an

Alaska Permanent Fund dividend at that

address.

(8) Board of directors. If a qualified

applicant represents more than one

community, the board of directors of the

applicant must include at least one

member from each of the communities

represented.

(e) Monitoring of CDPs—(1) CDP

reports. The following reports must be

submitted to NMFS:

(i) Annual progress reports. (A) CDP

applicants are required to submit annual

progress reports to the Governor by June

30 of the year following allocation.

(B) Annual progress reports will

include information describing how the

CDP has met its milestones, goals, and

objectives.

(C) On the basis of those reports, the

Governor will submit an annual

progress report to NMFS and

recommend whether CDPs should be

continued.

(D) NMFS must notify the Governor in

writing within 45 days of receipt of the

Governor’s annual progress report,

accepting or rejecting the annual

progress report and the Governor’s

recommendations.

(E) If NMFS rejects the Governor’s

annual progress report, NMFS will

return it for revision and resubmission.

(F) The report will be deemed

approved if NMFS does not notify the

Governor in writing within 45 days of

the report’s receipt.

(ii) Annual budget report. (A) An

annual budget report is a detailed

estimation of income and expenditures

for each CDP project as described in

paragraph (b)(1)(i) of this section for a

calendar year.

(B) The annual budget report must be

submitted to NMFS by December 15

preceding the year for which the annual

budget applies.

(C) Annual budget reports are

approved upon receipt by NMFS, unless

disapproved in writing by December 31.

If disapproved, the annual budget report

may be revised and resubmitted to

NMFS.

(D) NMFS will approve or disapprove

a resubmitted annual budget report in

writing.

(iii) Annual budget reconciliation

report. A CDQ group must reconcile

each annual budget by May 30 of the

year following the year for which the

annual budget applied. Reconciliation is

an accounting of the annual budget’s

estimated income and expenditures

with the actual income and

expenditures, including the variance in

dollars and variance in percentage for

each CDP project that is described in

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

general budget, as described in

paragraph (b)(2)(vii) of this section, is

no longer correct due to the

reconciliation of an annual budget, then

the general budget must also be revised

to reflect the annual budget

reconciliation. The revised general

budget must be included with the

annual budget reconciliation report.

(2) Increase in CDQ allocation. If an

applicant requests an increase in a CDQ,

the applicant must submit a new CDP

application for review by the Governor

and approval by NMFS as described in

paragraphs (b) and (c) of this section.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31267

(3) Substantial amendments. (i) A

CDP is a working business plan and

must be kept up to date. Substantial

amendments, as described in paragraph

(e)(3)(iv) of this section, to a CDP will

require written notification to the

Governor and subsequent approval by

the Governor and NMFS before any

change in a CDP can occur. The

Governor may recommend to NMFS that

the request for an amendment be

approved.

(ii) NMFS may notify the Governor in

writing of approval or disapproval of the

amendment within 30 days of receipt of

the Governor’s recommendation. The

Governor’s recommendation for

approval of an amendment will be

deemed approved if NMFS does not

notify the Governor in writing within 30

calendar days of receipt of the

Governor’s recommendation.

(iii) If NMFS determines that the CDP,

if changed, would no longer meet the

criteria under paragraph (d) of this

section, or if any of the requirements

under this section would not be met,

NMFS shall notify the Governor in

writing of the reasons why the

amendment cannot be approved.

(iv) For the purposes of this section,

substantial amendments are defined as

changes in a CDP, including, but not

limited to, any of the following:

(A) Any change in the applicant

communities or replacement of the

managing organization.

(B) A change in the CDP applicant’s

harvesting or processing partner.

(C) Funding a CDP project in excess

of $100,000 that is not part of an

approved general budget.

(D) More than a 20-percent increase in

the annual budget of an approved CDP

project.

(E) More than a 20-percent increase in

actual expenditures over the approved

annual budget for administrative

operations.

(F) A change in the contractual

agreement(s) between the CDP applicant

and its harvesting or processing partner,

or a change in a CDP project, if such

change is deemed by the Governor or

NMFS to be a material change.

(v) Notification of an amendment to a

CDP shall include the following

information:

(A) The background and justification

for the amendment that explains why

the proposed amendment is necessary

and appropriate.

(B) An explanation of why the

proposed change to the CDP is an

amendment according to paragraph

(e)(3)(i) of this section.

(C) A description of the proposed

amendment, explaining all changes to

the CDP that result from the proposed

amendment.

(D) A comparison of the original CDP

text with the text of the proposed

changes to the CDP, and the changed

pages of the CDP for replacement in the

CDP binder.

(E) Identification of any NMFS

findings that would need to be modified

if the amendment is approved along

with the proposed modified text.

(F) A description of how the proposed

amendment meets the requirements of

this subpart. Only those CDQ

regulations that are affected by the

proposed amendment need to be

discussed.

(4) Technical amendments. (i) Any

change to a CDP that is not a substantial

amendment as defined in paragraph

(e)(3)(iv) of this section is a technical

amendment. It is the responsibility of

the CDQ group to coordinate with the

Governor to ensure that a proposed

technical amendment does not meet the

definition for a substantial amendment.

Technical amendments require written

notification to the Governor and NMFS

before the change in a CDP occurs.

(ii) A technical amendment will be

approved when the CDQ group receives

a written notification from NMFS

announcing the receipt of the technical

amendment. The Governor may

recommend to NMFS, in writing, that a

technical amendment be disapproved at

any time. NMFS may disapprove a

technical amendment in writing at any

time, with the reasons therefor.

(iii) Notification should include:

(A) The pages of the CDP, with the

text highlighted to show deletions and

additions.

(B) The changed pages of the CDP for

replacement in the CDP binder.

(5) Cease fishing operations. It is the

responsibility of the CDQ-managing

organization to cease fishing operations

once a CDQ allocation has been reached.

(f) Suspension or termination of a

CDP—(1) Governor’s recommendation.

(i) NMFS, at any time, may partially

suspend, suspend, or terminate any CDP

upon written recommendation of the

Governor setting out his or her reasons

that the CDP recipient is not complying

with these regulations.

(ii) After review of the Governor’s

recommendation and reasons for a

partial suspension, suspension, or

termination of a CDP, NMFS will notify

the Governor in writing of approval or

disapproval of his or her

recommendation within 45 days of its

receipt.

(iii) In the event of approval of the

Governor’s recommendation, NMFS will

publish an announcement in the

Federal Register that the CDP has been

partially suspended, suspended, or

terminated, along with reasons therefor.

(2) Non-compliance. NMFS also may

partially suspend, suspend, or terminate

any CDP at any time if NMFS finds a

recipient of a CDQ allocation pursuant

to the CDP is not complying with these

regulations, other regulations, or

provisions of the Magnuson Act or other

applicable law. Publication of

suspension or termination will appear

in the Federal Register, along with the

reasons therefor.

(3) Review of allocation. An annual

progress report, required under

paragraph (e)(1)(i) of this section, will

be used by the Governor to review each

CDP to determine whether the CDP and

CDQ allocation thereunder should be

continued, decreased, partially

suspended, suspended, or terminated

under the following circumstances:

(i) If the Governor determines that the

CDP will successfully meet its goals and

objectives, the CDP may continue

without any Secretarial action.

(ii) If the Governor recommends to

NMFS that an allocation be decreased,

the Governor’s recommendation for

decrease will be deemed approved if

NMFS does not notify the Governor, in

writing, within 30 days of receipt of the

Governor’s recommendation.

(iii) If the Governor determines that a

CDP has not successfully met its goals

and objectives, or appears unlikely to

become successful, the Governor may

submit a recommendation to NMFS that

the CDP be partially suspended,

suspended, or terminated. The Governor

must set out, in writing, his or her

reasons for recommending suspension

or termination of the CDP.

(iv) After review of the Governor’s

recommendation and reasons therefor,

NMFS will notify the Governor, in

writing, of approval or disapproval of

his or her recommendation within 30

days of its receipt. In the case of

suspension or termination, NMFS will

publish notification in the Federal

Register, with reasons therefor.

§ 679.31 CDQ reserve.

(a) Pollock CDQ reserve (applicable

through December 31, 1998). (1) In the

proposed and final harvest

specifications required under

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

placed in the reserve for each subarea or

district will be assigned to a CDQ

reserve for each subarea or district.

(2) NMFS may add any amount of a

CDQ reserve back to the nonspecific

reserve if, after September 30, the

Regional Director determines that

amount will not be used during the

remainder of the fishing year.
31268 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(b) Halibut CDQ reserve. (1) NMFS

will annually withhold from IFQ

allocation the proportions of the halibut

catch limit that are specified in this

paragraph (b) for use as a CDQ reserve.

(2) Portions of the CDQ for each

specified IPHC regulatory area may be

allocated for the exclusive use of an

eligible Western Alaska community or

group of communities in accordance

with a CDP approved by the Governor

in consultation with the Council and

approved by NMFS.

(3) The proportions of the halibut

catch limit annually withheld for

purposes of the CDQ program, exclusive

of issued QS, are as follows for each

IPHC regulatory area:

(i) Area 4B. In IPHC regulatory area

4B, 20 percent of the annual halibut

quota shall be made available for the

halibut CDQ program to eligible

communities physically located in or

proximate to this regulatory area. For

the purposes of this section, ‘‘proximate

to’’ an IPHC regulatory area means

within 10 nm from the point where the

boundary of the IPHC regulatory area

intersects land.

(ii) Area 4C. In IPHC regulatory area

4C, 50 percent of the halibut quota shall

be made available for the halibut CDQ

program to eligible communities

physically located in IPHC regulatory

area 4C.

(iii) Area 4D. In IPHC regulatory area

4D, 30 percent of the halibut quota shall

be made available for the halibut CDQ

program to eligible communities located

in or proximate to IPHC regulatory areas

4D and 4E.

(iv) Area 4E. In IPHC regulatory area

4E, 100 percent of the halibut quota

shall be made available for the halibut

CDQ program to communities located in

or proximate to IPHC regulatory area 4E.

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

will apply to halibut CDQ harvesting in

IPHC regulatory area 4E.

(c) Sablefish CDQ reserve. In the

proposed and final harvest limit

specifications required under

§ 679.20(c), NMFS will specify 20

percent of the fixed gear allocation of

sablefish in each BSAI subarea as a

sablefish CDQ reserve, exclusive of

issued QS. Portions of the CDQ reserve

for each subarea may be allocated for

the exclusive use of CDQ applicants in

accordance with CDPs approved by the

Governor in consultation with the

Council and approved by NMFS. NMFS

will allocate no more than 33 percent of

the total CDQ for all subareas combined

to any one applicant with an approved

CDP application.

§ 679.32 Estimation of total pollock

harvest in the CDQ fisheries (applicable

through December 31, 1998).

(a) Recordkeeping and reporting

requirements. Vessels and processors

participating in pollock CDQ fisheries

must comply with recordkeeping and

reporting requirements set out at

§ 679.5.

(b) Total pollock harvests—(1)

Observer estimates. Total pollock

harvests for each CDP will be

determined by observer estimates of

total catch and catch composition, as

reported on the daily observer catch

message.

(2) Cease fishing. The CDQ-managing

organization must arrange to receive a

copy of the observer daily catch message

from processors in a manner that allows

the CDQ-managing organization to

inform processors to cease fishing

operations before the CDQ allocation

has been exceeded. CDQ-managing

organization representatives must also

inform NMFS within 24 hours after the

CDQ has been reached and fishing has

ceased.

(3) NMFS estimates. If NMFS

determines that the observer, the

processor, or the CDQ-managing

organization failed to follow the

procedures described in paragraphs (c),

(d), and (e) of this section for estimating

the total harvest of pollock, or violated

any other regulation in this subpart C of

this part, NMFS reserves the right to

estimate the total pollock harvest based

on the best available data.

(c) Observer coverage. Vessel

operators and processors participating

in CDQ fisheries must comply with the

following requirements for observer

coverage:

(1) Shoreside processor. (i) Each

shoreside processor participating in the

CDQ fisheries must have one NMFScertified observer present at all times

while groundfish harvested under a

CDQ are being received or processed.

(ii) The Regional Director is

authorized to require more than one

observer for a shoreside processor if:

(A) The CDQ delivery schedule

requires an observer to be on duty more

than 12 hours in a 24-hour period;

(B) Simultaneous deliveries of CDQ

harvests by more than one vessel cannot

be monitored by a single observer; or

(C) One observer is not capable of

adequately monitoring CDQ deliveries.

(2) Processor vessel. Each processor

vessel participating in the CDQ fisheries

must have two NMFS-certified

observers aboard the vessel at all times

while groundfish harvested under a

CDQ are being harvested, processed, or

received from another vessel.

(3) Catcher vessel. Observer coverage

requirements for catcher vessels

participating in the CDQ fisheries are in

addition to any observer coverage

requirements in subpart E of this part.

Each catcher vessel delivering

groundfish harvested under a CDQ,

other than a catcher vessel delivering

only unsorted codends to a processor or

another vessel, must have a NMFScertified observer on the vessel at all

times while the vessel is participating in

the CDQ fisheries, regardless of the

vessel length.

(d) Shoreside processor equipment

and operational requirements. Each

shoreside processor participating in the

CDQ fisheries must comply with the

following requirements:

(1) Certified scale. Groundfish

harvested in the CDQ fisheries must be

recorded and weighed on a scale

certified by the State of Alaska. Such a

scale must measure catch weights at all

times to at least 95-percent accuracy, as

determined by a NMFS-certified

observer or authorized officer. The scale

and scale display must be visible

simultaneously by the observer.

(2) Access to scale. Observers must be

provided access to the scale used to

weigh groundfish landings.

(3) Retention of scale printouts.

Printouts of scale measurements of each

CDQ delivery must be made available to

observers and be maintained in the

shoreside processor for the duration of

the fishing year, or for as long after a

fishing year as product from fish

harvested during that year are retained

in the shoreside processor.

(4) Prior notice of offloading schedule.

The manager of each shoreside

processor must notify the observer(s) of

the offloading schedule of each CDQ

groundfish delivery at least 1 hour prior

to offloading to provide the observer an

opportunity to monitor the weighing of

the entire delivery.

(e) Processor vessel measurement

requirements. Each processor vessel

participating in the CDQ fishery for

pollock must estimate the total weight

of its groundfish catch by the volumetric

procedures specified in paragraph (e)(1)

of this section or must weigh its catch

in accordance with the procedures in

paragraph (e)(2) of this section.

(1) Volumetric measures of total

catch—(i) Receiving bins. Each

processor vessel estimating its catch by

volumetric measurement must have one

or more receiving bins in which all fish

catches are placed to determine total

catch weight prior to sorting operations.

(ii) Bin volume. The volume of each

bin must be accurately measured, and

the bin must be permanently marked

and numbered in 10-cm increments on
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31269

all internal sides of the bin. Marked

increments, except those on the wall

containing the viewing port or window,

must be readable from the outside of the

bin at all times. Bins must be lighted in

a manner that allows marked

increments to be read from the outside

of the bin by a NMFS-certified observer

or authorized officer.

(iii) Bin certification. (A) The bin

volume and marked and numbered

increments must be certified by a

registered engineer with no financial

interest in fishing, fish processing, or

fish tender vessels, or by a qualified

organization that has been designated by

the USCG Commandant, or an

authorized representative thereof, for

the purpose of classing or examining

commercial fishing industry vessels

under the provisions of 46 CFR 28.76.

(B) Bin volumes and marked and

numbered increments must be

recertified each time a bin is structurally

or physically changed.

(C) The location of bin markings, as

certified, must be described in writing.

Tables certified under this paragraph

(e)(1)(iii) indicating the volume of each

certified bin in cubic meters for each 10-

cm increment marked on the sides of

the bins, must be submitted to the

NMFS Observer Program prior to

harvesting or receiving groundfish and

must be maintained on board the vessel

and made available to NMFS-certified

observers at all times.

(D) All bin certification documents

must be dated and signed by the

certifier.

(iv) Prior notification. Vessel

operators must notify observers prior to

any removal or addition of fish from

each bin used for volumetric

measurements of catch in such a

manner that allows an observer to take

bin volume measurements prior to fish

being removed from or added to the bin.

Once a volumetric measurement has

been taken, additional fish may not be

added to the bin until at least half the

original volume has been removed. Fish

may not be removed from or added to

a bin used for volumetric measurements

of catch until an observer indicates that

bin volume measurements have been

completed and any samples of catch

required by the observer have been

taken.

(v) Separation of fish. Fish from

separate hauls or deliveries from

separate harvesting vessels may not be

mixed in any bin used for volumetric

measurements of catch.

(vi) Bin viewing port. Fish must not be

loaded into a bin used for volumetric

measurements above the level of the

viewing port in the bin.

(2) Scale weight measurements of

total catch—(i) Equipment. Any scale

used on a processor vessel to weigh

groundfish harvested in the CDQ

fisheries must measure catch weights to

at least 95-percent accuracy at all times

as determined by a NMFS-certified

observer or authorized officer. The scale

must be equipped with a functional

motion compensation device to account

for vessel acceleration, roll, pitch, and

vibration movement. The scale and

scale display must be visible by the

observer simultaneously.

(ii) Printouts. Printouts of scale

measurements of each haul weight must

be made available to the observer and be

maintained on board the vessel for the

duration of the fishing year or for as

long after a fishing year as products

from fish harvested during that year are

retained on board a vessel.

(iii) Separation of fish. The catch from

each haul must be kept separate, such

that the scale weight can be obtained

separately for each haul.

§ 679.33 Halibut and sablefish CDQ.

(a) Permits. The Regional Director will

issue a halibut and/or sablefish CDQ

permit to the managing organization

responsible for carrying out an approved

CDQ project. A copy of the halibut and/

or sablefish CDQ permit must be carried

on any fishing vessel operated by or for

the managing organization, and be made

available for inspection by an

authorized officer. Each halibut and/or

sablefish CDQ permit will be nontransferable and will be effective for the

duration of the CDQ project or until

revoked, suspended, or modified.

(b) CDQ cards. The Regional Director

will issue halibut and/or sablefish CDQ

cards to all individuals named on an

approved CDP application. Each halibut

and/or sablefish CDQ card will identify

a CDQ permit number and the

individual authorized by the managing

organization to land halibut and/or

sablefish for debit against its CDQ

allocation.

(c) Alteration. No person may alter,

erase, or mutilate a halibut and/or

sablefish CDQ permit, card, registered

buyer permit, or any valid and current

permit or document issued under this

part. Any such permit, card, or

document that has been intentionally

altered, erased, or mutilated will be

invalid.

(d) Landings. All landings of halibut

and/or sablefish harvested under an

approved CDQ project, dockside sales,

and outside landings of halibut and/or

sablefish must be landed by a person

with a valid halibut and/or sablefish

CDQ card to a person with a valid

registered buyer permit, and reported in

compliance with § 679.5 (l)(1) and (l)(2).

(e) CDQ fishing seasons. See

§ 679.23(e)(4).

§ 679.34 CDQ halibut and sablefish

determinations and appeals.

Section 679.43 describes the

procedure for appealing initial

administrative determinations for the

halibut and sablefish CDQ program

made under this subpart C of this part.

Subpart D—Individual Fishing Quota

Management Measures

§ 679.40 Sablefish and halibut QS.

The Regional Director shall annually

divide the TAC of halibut and sablefish

that is apportioned to the fixed gear

fishery pursuant to part 301 of this title

and § 679.20, minus the CDQ reserve,

among qualified halibut and sablefish

quota share holders, respectively.

(a) Initial allocation of QS—(1)

General. The Regional Director shall

initially assign to qualified persons, on

or after October 18, 1994, halibut and

sablefish fixed gear fishery QS that are

specific to IFQ regulatory areas and

vessel categories. QS will be assigned as

a block in the appropriate IFQ

regulatory area and vessel category, if

that QS would have resulted in an

allocation of less than 20,000 lb (9 mt)

of IFQ for halibut or sablefish based on

the 1994 TAC for fixed gear in those

fisheries for specific IFQ regulatory

areas and the QS pools of those fisheries

for specific IFQ regulatory areas as of

October 17, 1994.

(2) Qualified person. (i) As used in

this section, a ‘‘qualified person’’ means

a ‘‘person,’’ as defined in § 679.2:

(A) That owned a vessel that made

legal landings of halibut or sablefish,

harvested with fixed gear, from any IFQ

regulatory area in any QS qualifying

year; or

(B) That leased a vessel that made

legal landings of halibut or sablefish,

harvested with fixed gear, from any IFQ

regulatory area in any QS qualifying

year. A person who owns a vessel

cannot be a qualified person based on

the legal fixed gear landings of halibut

or sablefish made by a person who

leased the vessel for the duration of the

lease.

(ii) Qualified persons, or their

successors-in-interest, must exist at the

time of their application for QS.

(iii) A former partner of a dissolved

partnership or a former shareholder of a

dissolved corporation who would

otherwise qualify as a person may apply

for QS in proportion to his or her

interest in the dissolved partnership or

corporation.
31270 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Sablefish harvested within Prince

William Sound, or under a State of

Alaska limited entry program, will not

be considered in determining whether a

person is a qualified person.

(3) Qualification for QS—(i) Year. A

QS qualifying year is 1988, 1989, or

1990.

(ii) Vessel ownership. Evidence of

vessel ownership shall be limited to the

following documents, in order of

priority:

(A) For vessels required to be

documented under the laws of the

United States, the USCG abstract of title

issued in respect of that vessel.

(B) A certificate of registration that is

determinative as to vessel ownership.

(C) A bill of sale.

(iii) Vessel lease. Conclusive evidence

of a vessel lease will include a written

vessel lease agreement or a notarized

statement from the vessel owner and

lease holder attesting to the existence of

a vessel lease agreement at any time

during the QS qualifying years.

Conclusive evidence of a vessel lease

must identify the leased vessel and

indicate the name of the lease holder

and the period of time during which the

lease was in effect. Other evidence,

which may not be conclusive, but may

tend to support a vessel lease, may also

be submitted.

(iv) Ownership interest. Evidence of

ownership interest in a dissolved

partnership or corporation shall be

limited to corporate documents (e.g.,

articles of incorporation) or notarized

statements signed by each former

partner, shareholder or director, and

specifying their proportions of interest.

(v) Legal landing of halibut or

sablefish—(A) Definition. As used in

this section, a ‘‘legal landing of halibut

or sablefish’’ means halibut or sablefish

harvested with fixed gear and landed in

compliance with state and Federal

regulations in effect at the time of the

landing.

(B) Documentation. Evidence of legal

landings shall be limited to

documentation of state or Federal catch

reports that indicate the amount of

halibut or sablefish harvested, the IPHC

regulatory area or groundfish reporting

area in which it was caught, the vessel

and gear type used to catch it, and the

date of harvesting, landing, or reporting.

State catch reports are Alaska,

Washington, Oregon, or California fish

tickets. Federal catch reports are WPRs

required under § 679.5. Sablefish

harvested within Prince William Sound

or under a State of Alaska limited entry

program will not be considered in

determining qualification to receive QS,

nor in calculating initial QS.

(4) Calculation of initial QS—(i)

Halibut QS. The Regional Director shall

calculate the halibut QS for any

qualified person in each IFQ regulatory

area based on that person’s highest total

legal landings of halibut in each IPHC

regulatory area for any 5 years of the 7-

year halibut QS base period 1984

through 1990. The sum of all halibut QS

for an IFQ regulatory area will be the

halibut QS pool for that area.

(ii) Sablefish QS. The Regional

Director shall calculate the sablefish QS

for any qualified person in each IFQ

regulatory area based on that person’s

highest total legal landings of sablefish

in each groundfish reporting area for

any 5 years of the 6-year sablefish QS

base period 1985 through 1990. The

sum of all sablefish QS for an IFQ

regulatory area will be the sablefish QS

pool for that area.

(iii) CDQ program. Each initial QS

calculation will be modified to

accommodate the CDQ program

prescribed at subpart C of this part.

(5) Assignment of QS to vessel

categories—(i) LOA. Each qualified

person’s QS will be assigned to a vessel

category based on the LOA of vessel(s)

from which that person made fixed gear

legal landings of groundfish or halibut

in the most recent year of participation

and the product type landed. As used in

this paragraph (a)(5), ‘‘the most recent

year of participation’’ means the most

recent of 4 calendar years in which any

groundfish or halibut were harvested

using fixed gear, as follows: 1988, 1989,

or 1990; or calendar year 1991 prior to

September 26, 1991.

(ii) Vessel categories. Vessel

categories include:

(A) Category A—freezer vessels of any

length.

(B) Category B—catcher vessels

greater than 60 ft (18.3 m) LOA.

(C) Category C—catcher vessels less

than or equal to 60 ft (18.3 m) LOA for

sablefish, or catcher vessels greater than

35 ft (10.7 m) but less than or equal to

60 ft (18.3 m) LOA for halibut.

(D) Category D—catcher vessels that

are less than or equal to 35 ft (10.7 m)

LOA for halibut.

(iii) QS assignment. A qualified

person’s QS will be assigned:

(A) To vessel category A if, at any

time during his/her most recent year of

participation, that person’s vessel

processed any groundfish or halibut

caught with fixed gear.

(B) To vessel category B if, at any time

during his/her most recent year of

participation, that person’s vessel was

greater than 60 ft (18.3 m) LOA and did

not process any groundfish or halibut

caught with fixed gear.

(C) To each applicable vessel category

in proportion to the landings of halibut

or sablefish made by that person if, at

any time during their most recent year

of participation, that person used more

than one vessel in different categories.

(iv) Sablefish QS. A qualified person’s

sablefish QS will be assigned:

(A) To vessel category C if, at any time

during his/her most recent year of

participation, that person’s vessel was

less than or equal to 60 ft (18.3 m) LOA

and did not process any groundfish or

halibut caught with fixed gear.

(B) To the vessel category in which

halibut and groundfish were landed, or

vessel categories in proportion to the

total fixed gear landings of halibut and

groundfish, if, at any time during the

most recent year of participation, that

person’s vessel(s) makes no landing(s) of

sablefish.

(v) Halibut QS. A qualified person’s

halibut QS will be assigned:

(A) To vessel category C if, at any time

during his/her most recent year of

participation, that person’s vessel was

less than or equal to 60 ft (18.3 m), but

greater than 35 ft (10.7 m), LOA and did

not process any groundfish or halibut

caught with fixed gear.

(B) To vessel category D if, at any time

during his/her most recent year of

participation, that person’s vessel was

less than or equal to 35 ft (10.7 m) LOA

and did not process any groundfish or

halibut caught with fixed gear.

(C) To the vessel category in which

groundfish were landed, or vessel

categories in proportion to the total

fixed gear landings of groundfish, if, at

any time during the most recent year of

participation, that person’s vessel(s)

makes no landing(s) of halibut.

(vi) Both species QS. A qualified

person’s QS for both species will be

assigned to the vessel category in which

groundfish were landed in the most

recent year of participation if, at any

time during that year, that person

landed halibut in one vessel category

and sablefish in a different vessel

category.

(6) Application for initial QS—(i)

Application form. Upon request, the

Regional Director shall make available

to any person an application form for an

initial allocation of QS. The application

form sent to the person requesting a QS

allocation will include all data on that

person’s vessel ownership and catch

history of halibut and sablefish that can

be released to the applicant under

current state and Federal confidentiality

rules, and that are available to the

Regional Director at the time of the

request.

(ii) Application period. An

application period of no less than 180
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31271

days will be specified by notification in

the Federal Register and other

information sources that the Regional

Director deems appropriate.

(iii) Complete application. Complete

applications received by the Regional

Director will be acknowledged. An

incomplete application will be returned

to the applicant with specific kinds of

information identified that are necessary

to make it complete.

(7) Insufficient documentation.

Halibut and sablefish catch history,

vessel ownership or lease data, and

other information supplied by an

applicant will be compared with data

compiled by the Regional Director. If

additional data presented in an

application are not consistent with the

data compiled by the Regional Director,

the applicant will be notified of

insufficient documentation. The

applicant will have 90 days to submit

corroborating documents (as specified

in paragraph (a) of this section) in

support of his/her application or to

resubmit a revised application. All

applicants will be limited to one

opportunity to provide corroborating

documentation or a revised application

in response to notification of

insufficient documentation.

(8) Verified data. Uncontested data in

applications will be approved by the

Regional Director. Based on these data,

the Regional Director will calculate each

applicant’s initial halibut and sablefish

QS, as provided in paragraph (b) of this

section, for each IFQ regulatory area,

respectively, and will add each

applicant’s halibut and sablefish QS for

an IFQ regulatory area to the respective

QS pool for that area.

(9) Unverified data. Catch history,

vessel ownership, or lease data that

cannot be verified by the Regional

Director, following the procedure

described in paragraph (a)(7) of this

section, will not qualify for QS. An

initial determination denying QS on the

grounds that claimed catch history,

vessel ownership or lease data were not

verified may be appealed following the

procedure described in § 679.43. Quota

share reflecting catch history, vessel

ownership, or lease data that are

contested between two or more

applicants, at least one of which is

likely to qualify for QS when the

dispute is resolved, will be assigned to

a reserve that will be considered part of

the QS pool for the appropriate IFQ

regulatory area. Any QS and IFQ that

results from agency action resolving the

dispute will be assigned to the

prevailing applicant(s) pursuant to

paragraphs (a)(4), (a)(5), (b), and (c) of

this section. If the assigned IFQ for the

1995 fishing season becomes moot by

passage of time needed to resolve the

dispute, the assignment of QS and IFQ

for subsequent fishing seasons will be

unaffected.

(b) Annual allocation of IFQ. The

Regional Director shall assign halibut or

sablefish IFQs to each person holding

unrestricted QS for halibut or sablefish,

respectively, up to the limits prescribed

in § 679.42 (e) and (f). Each assigned

IFQ will be specific to an IFQ regulatory

area and vessel category, and will

represent the maximum amount of

halibut or sablefish that may be

harvested from the specified IFQ

regulatory area and by the person to

whom it is assigned during the specified

fishing year, unless the IFQ assignment

is changed by the Regional Director

within the fishing year because of an

approved transfer or because all or part

of the IFQ is sanctioned for violating

rules of this part.

(c) Calculation of annual IFQ

allocation—(1) General. The annual

allocation of IFQ to any person (person

p) in any IFQ regulatory area (area a)

will be equal to the product of the TAC

of halibut or sablefish by fixed gear for

that area (after adjustment for purposes

of the Western Alaska CDQ Program)

and that person’s QS divided by the QS

pool for that area. Overages will be

subtracted from a person’s IFQ pursuant

to paragraph (d) of this section.

Expressed algebraically, the annual IFQ

allocation formula is as follows:

IFQ pa = [(fixed gear TACa ¥ CDQ

reservea) × (QSpa/QS poola)] ¥

overage of IFQpa.

(2) QS amounts. For purposes of

calculating IFQs for any fishing year, the

amount of a person’s QS and the

amount of the QS pool for any IFQ

regulatory area will be the amounts on

record with the Alaska Region, NMFS,

as of 1200 hours, A.l.t., on January 31

of that year.

(3) IFQ permit. The Regional Director

shall issue to each QS holder, pursuant

to § 679.4, an IFQ permit accompanied

by a statement specifying the maximum

amount of halibut and sablefish that

may be harvested with fixed gear in a

specified IFQ regulatory area and vessel

category as of January 31 of that year.

Such IFQ permits will be sent by

certified mail to each QS holder at the

address on record for that person after

the beginning of each fishing year, but

prior to the start of the annual IFQ

fishing season.

(d) Ten-percent adjustment policy. A

person’s annual IFQ account will be

adjusted in the year following a

determination that the person harvested

or landed IFQ species in an amount is

greater than the amount available in the

person’s annual IFQ account and if the

amount greater than the amount

available does not exceed 10 percent of

the amount available in the person’s

annual IFQ account at the time of

landing. The adjustment would be a

deduction of the amount of IFQ species

harvested or landed that was

determined to exceed the amount

available in the person’s annual IFQ

account and will apply to any person to

whom the affected IFQ is allocated in

the year following the determination.

(e) 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

underage adjustment to the annual IFQ

allocation will be specific to IFQ

species, IFQ regulatory area, and vessel

category 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.

(f) Harvesting privilege. Quota shares

allocated or permits issued pursuant to

this part do not represent either an

absolute right to the resource or any

interest that is subject to the ‘‘takings’’

provision of the Fifth Amendment of the

U.S. Constitution. Rather, such quota

shares or permits represent only a

harvesting privilege that may be revoked

or amended subject to the requirements

of the Magnuson Act and other

applicable law.

§ 679.41 Transfer of QS and IFQ.

(a) General. (1) Except as provided in

paragraph (a)(2) of this section, transfer

of QS or IFQ means any transaction

requiring QS, or the use thereof in the

form of IFQ, to pass from one person to

another, permanently or for a fixed

period of time.

(2) Transactions requiring IFQ cards

to be issued in the name of a vessel

master employed by an individual or a

corporation are not transfers of QS or

IFQ.

(b) Transfer procedure—(1)

Application for transfer. A person who

receives QS by transfer may not use IFQ

resulting from that QS for harvesting

halibut or sablefish with fixed gear until

an Application for Transfer of QS/IFQ

(Application for Transfer) is approved

by the Regional Director. The Regional

Director shall provide an Application

for Transfer form to any person on

request. Persons who submit an

Application for Transfer to the Regional

Director for approval will receive

notification of the Regional Director’s

decision to approve or disapprove the

Application for Transfer, and, if

applicable, the reason(s) for
31272 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

disapproval, by mail posted on the date

of that decision, unless another

communication mode is requested on

the Application for Transfer.

(2) QS or IFQ accounts. QS or IFQ

accounts affected by an Application for

Transfer approved by the Regional

Director will change on the date of

approval. Any necessary IFQ permits

will be sent with the notification of the

Regional Director’s decision.

(c) Application for Transfer approval

criteria. Except as provided in

paragraph (f) of this section, an

Application for Transfer will not be

approved until the Regional Director has

determined that:

(1) The person applying for transfer

received the QS or IFQ to be transferred:

(i) By initial assignment by the

Regional Director as provided in

§ 679.40(a); or

(ii) By approved transfer.

(2) The person applying to receive the

QS or IFQ meets the requirements of

eligibility in paragraph (d) of this

section.

(3) The person applying for transfer

and the person applying to receive the

QS or IFQ have their notarized

signatures on the Application for

Transfer.

(4) There are no fines, civil penalties,

or other payments due and owing, or

outstanding permit sanctions, resulting

from Federal fishery violations

involving either person.

(5) The person applying to receive the

QS or IFQ currently exists.

(6) The transfer would not cause the

person applying to receive the QS or

IFQ to exceed the use limits in § 679.42

(e) or (f).

(7) The transfer would not violate the

provisions of paragraph (g) of this

section.

(8) Other pertinent information

requested on the Application for

Transfer has been supplied to the

satisfaction of the Regional Director.

(d) Eligibility to receive QS or IFQ by

transfer—(1) Application for Eligibility.

All persons applying to receive QS or

IFQ must submit an Application for

Eligibility to Receive QS/IFQ

(Application for Eligibility), containing

accurate information, to the Regional

Director. The Regional Director will not

approve a transfer of IFQ or QS to a

person until the Application for

Eligibility for that person is approved by

the Regional Director. The Regional

Director shall provide an Application

for Eligibility form to any person on

request.

(2) Type of eligibility. A person must

indicate on the Application for

Eligibility whether the eligibility sought

is as:

(i) An individual; or

(ii) A corporation, partnership, or

other entity.

(3) Application filing order. A person

may submit the Application for

Eligibility with the Application for

Transfer or file the Application for

Eligibility prior to submitting the

Application for Transfer. If a person, as

described in paragraph (d)(2)(ii) of this

section, files the Application for

Eligibility prior to submitting the

Application for Transfer, and that

person’s status subsequently changes, as

described in § 679.42(j), that person

must resubmit an Application for

Eligibility before submitting, or with,

the Application for Transfer.

(4) Certified mail. The Regional

Director’s approval of an Application for

Eligibility will be mailed to the person

by certified mail.

(5) Notification. The Regional Director

will notify the applicant if an

Application for Eligibility is

disapproved. This notification of

disapproval will include:

(i) The disapproved Application for

Eligibility.

(ii) An explanation of why the

Application for Eligibility was not

approved.

(6) Reasons for disapproval. Reasons

for disapproval of an Application for

Eligibility may include, but are not

limited to:

(i) Fewer than 150 days of experience

working as an IFQ crewmember.

(ii) Lack of compliance with the U.S.

citizenship or corporate ownership

requirements specified by the definition

of ‘‘person’’ at § 679.2.

(iii) An incomplete Application for

Eligibility.

(iv) Fines, civil penalties, or other

payments due and owing, or

outstanding permit sanctions, resulting

from Federal fishery violations.

(e) Transfers of QS blocks. (1) A QS

block must be transferred as an

undivided whole, unless the size of the

QS block exceeds the use limits

specified at § 679.42. If the QS block to

be transferred exceeds the use limits

specified at § 679.42, the Regional

Director will divide the block into two

blocks, one block containing the

maximum amount of QS allowable

under the QS use limits and the other

block containing the residual QS.

(2) QS blocks representing less than

1,000 lb (0.5 mt) of IFQ for halibut or

less than 3,000 lb (1.9 mt) for sablefish,

based on the factors listed in § 679.40(a),

for the same IFQ regulatory area and

vessel category, may be consolidated

into larger QS blocks, provided that the

consolidated QS blocks do not represent

greater than 1,000 lb (0.5 mt) of IFQ for

halibut or greater than 3,000 lb (1.4 mt)

of IFQ for sablefish based on the factors

listed in § 679.40(a). A consolidated QS

block cannot be divided and is

considered a single block for purposes

of use and transferability.

(f) Transfer of QS or IFQ with

restrictions. If QS or IFQ must be

transferred as a result of a court order,

operation of law, or as part of a security

agreement, but the person receiving the

QS or IFQ by transfer does not meet all

of the eligibility requirements of this

section, the Regional Director will

approve the Application for Transfer

with restrictions. The Regional Director

will not assign IFQ resulting from the

restricted QS to any person. IFQ with

restrictions may not be used for

harvesting halibut or sablefish with

fixed gear. The QS or IFQ will remain

restricted until:

(1) The person who received the QS

or IFQ with restrictions meets the

eligibility requirements of this section

and the Regional Director approves an

Application for Eligibility for that

person; or

(2) The Regional Director approves

the Application for Transfer from the

person who received the QS or IFQ with

restrictions to a person who meets the

requirements of this section.

(g) Transfer restrictions, catcher vessel

QS. (1) Except as provided in paragraph

(f) or (g)(2) of this section, only persons

who are IFQ crewmembers, or who were

initially assigned catcher vessel QS, and

meet the other requirements in this

section may receive catcher vessel QS.

(2) Except as provided in paragraph

(g)(3) of this section, only persons who

are IFQ crew members may receive

catcher vessel QS in IFQ regulatory area

2C for halibut or in the IFQ regulatory

area east of 140° W. long. for sablefish.

(3) Catcher vessel QS initially

assigned to an individual may be

transferred to a corporation that is solely

owned by the same individual. Such

transfers of catcher vessel QS in IFQ

regulatory area 2C for halibut or in the

IFQ regulatory area east of 140° W. long.

for sablefish will be governed by the use

provisions of § 679.42(i); the use

provisions pertaining to corporations at

§ 679.42(j) shall not apply.

(4) Except as provided in paragraph

(h) of this section, or by court order,

operation of law, or as part of a security

agreement, the Regional Director will

not approve an Application for Transfer

of catcher vessel QS subject to a lease

or any other condition of repossession

or resale by the person transferring QS.

The Regional Director may request a

copy of the sales contract or other terms

and conditions of transfer between two
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31273

persons as supplementary information

to the transfer application.

(h) Leasing QS (applicable until

January 2, 1998). A person may not use

IFQ resulting from a QS lease for

harvesting halibut or sablefish until an

Application for Transfer complying

with the requirements of paragraph (b)

of this section and the lease agreement

are approved by the Regional Director.

A person may lease no more than 10

percent of that person’s total catcher

vessel QS for any IFQ species in any

IFQ regulatory area to one or more

persons for any fishing year. After

approving the Application for Transfer,

the Regional Director shall change any

IFQ accounts affected by an approved

QS lease and issue all necessary IFQ

permits. QS leases must comply with all

transfer requirements specified in this

section. All leases will expire on

December 31 of the calendar year for

which they are approved.

(i) Transfer across catcher vessel

categories—(1) CDQ compensation.

Persons issued CDQ compensation QS

in a catcher vessel category, pursuant to

§ 679.41(j), and in an IFQ regulatory

area in which they do not hold QS other

than CDQ compensation QS, may use

that CDQ compensation QS on any

catcher vessel. This exemption from

catcher vessel categories ends upon the

first transfer of the CDQ compensation

QS. CDQ compensation QS being

transferred will be permanently

assigned to a specific catcher vessel

category as designated by the person

receiving the transfer.

(2) Redesignated catcher vessel

category (Applicable until February 24,

1997). Catcher vessel QS transferred as

partial or total consideration for the

transfer of CDQ compensation QS may

be redesignated into a new catcher

vessel category if the CDQ

compensation QS being transferred can

be used on any catcher vessel pursuant

to the exemption in paragraph (i)(1) of

this section and the person to which

that CDQ compensation QS was issued

is party to the transfer.

(3) CDQ compensation QS definition.

For purposes of this paragraph (i), CDQ

compensation QS is QS issued as

compensation for halibut and sablefish

harvest privileges foregone due to the

CDQ Program, as provided in paragraph

(j) of this section.

(j) Compensation for CDQ allocations.

(1) The Regional Director will

compensate persons that receive a

reduced halibut QS in IPHC regulatory

areas 4B, 4C, 4D, or 4E because of the

halibut CDQ program by adding halibut

QS from IPHC regulatory areas 2C, 3A,

3B, and 4A. This compensation of

halibut QS from areas 2C, 3A, 3B, and

4A will be allocated in proportion to the

amount of halibut QS foregone due to

the CDQ allocation authorized by this

section.

(2) The Regional Director will

compensate persons that receive a

reduced sablefish QS in any BSAI IFQ

regulatory area because of the sablefish

CDQ program by taking sablefish QS

from the IFQ regulatory areas of the

GOA and allocating it in proportion to

the loss suffered by persons in the BSAI

area. Such additional compensation of

sablefish QS will be allocated in

proportion to the amount of sablefish

QS foregone due to the CDQ allocation

authorized by this section.

(3) Persons initially issued QS for IFQ

regulatory areas in which a portion of

the TAC is allocated to the CDQ

Program will be compensated for

halibut and sablefish harvest privileges

foregone due to the CDQ Program. If a

person does not hold QS in an IFQ

regulatory area on the date the

compensation is issued, that person’s

compensation will be issued as

unblocked. If a person does hold QS in

an IFQ regulatory area on the date

compensation is issued, that person’s

compensation will be added to their

existing QS in that IFQ regulatory area.

The resulting QS amount will be

blocked or unblocked according to the

criteria found at § 679.40(a).

Compensation will be calculated for

each non-CDQ area using the following

formula:

QN = (QC×QSPN×RATE)/(SUMCDQ¥

[RATE×SUMTAC])

([1¥RATE]×TACAVE) (QSPC×

[CDQ PCT ¥RATE])

Where:

QN = quota share in non-CDQ area

QC = quota share in CDQ area

QSPN = quota share pool in non-CDQ area (as

existing on January 31, 1995)

RATE = SUMCDQ/average of the TAC (1988–

1994) for all CDQ and non-CDQ areas

TACAVE = average of the TAC (1988–1994)

for CDQ area

QSPC = quota share pool in CDQ area (as

existing on January 31, 1995)

CDQPCT = CDQ percentage for CDQ area

SUMCDQ = sum [TACAVE×CDQPCT]

SUMTAC = sum [TACAVE]

§ 679.42 Limitations on use of QS and IFQ.

(a) IFQ regulatory area. The QS or IFQ

specified for one IFQ regulatory area

and one vessel category must not be

used in a different IFQ regulatory area

or vessel category, except as provided in

paragraph (i)(2) of this section, or in

§ 679.41(i)(1).

(b) Gear. Halibut IFQ must be used

only to harvest halibut with fishing gear

authorized in § 679.2. Sablefish fixed

gear IFQ must not be used to harvest

sablefish with trawl gear in any IFQ

regulatory area, or with pot gear in any

IFQ regulatory area of the GOA.

(c) Requirements. Any individual who

harvests halibut or sablefish with fixed

gear must:

(1) Have a valid IFQ card.

(2) Be aboard the vessel at all times

during fishing operations.

(3) Sign any required fish ticket or

IFQ landing report for the amount of

halibut or sablefish that will be debited

against the IFQ associated with their

IFQ card.

(i) Sablefish PRRs. 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 PRRs

for sablefish in Table 3 to this part.

(ii) Halibut PRRs. 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

(d) Emergency waiver. The

requirement of paragraph (c) of this

section for an individual IFQ card

holder to be aboard the vessel during

fishing operations and to sign the IFQ

landing report may be waived in the

event of extreme personal emergency

involving the IFQ user during a fishing

trip. The waiving of these requirements

shall apply only to IFQ halibut or IFQ

sablefish retained on the fishing trip

during which such emergency occurred.

(e) Sablefish QS use. (1) No person,

individually or collectively, may use an

amount of sablefish QS greater than 1

percent of the combined total sablefish

QS for the GOA and BSAI IFQ

regulatory areas, unless the amount in

excess of 1 percent was received in the

initial allocation of QS.

(2) In the IFQ regulatory area east of

140° W. long., no person, individually

or collectively, may use more than 1

percent of the total amount of QS for

this area, unless the amount in excess of

1 percent was received in the initial

allocation of QS.

(f) Halibut QS use. Unless the amount

in excess of the following limits was

received in the initial allocation of

halibut QS, no person, individually or

collectively, may use more than:
31274 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(1) IFQ regulatory area 2C. One

percent of the total amount of halibut

QS for IFQ regulatory area 2C.

(2) IFQ Regulatory areas 2C, 3A, and

3B. One-half percent of the total amount

of halibut QS for IFQ regulatory areas

2C, 3A, and 3B, combined.

(3) IFQ Regulatory areas 4A, 4B, 4C,

4D, and 4E. One-half percent of the total

amount of halibut QS for IFQ regulatory

areas 4A, 4B, 4C, 4D, and 4E, combined.

(g) Limitations on QS blocks—(1)

Number of blocks per species. (i) Except

as provided in paragraph (g)(1)(ii) of this

section, no person, individually or

collectively, may hold more than two

blocks for each species in any IFQ

regulatory area.

(ii) If that person, individually or

collectively, holds unblocked QS for a

species in an IFQ regulatory area, such

person may only hold one QS block for

that species in that IFQ regulatory area.

(2) Holding or to hold blocks of QS.

For purposes of this section, ‘‘holding’’

or ‘‘to hold’’ blocks of QS means being

registered by NMFS as the person who

received QS by initial assignment or

approved transfer.

(h) Vessel limitations—(1) Halibut. (i)

Except as provided in paragraph

(h)(1)(ii) of this section, no vessel may

be used, during any fishing year, to

harvest more than one-half percent of

the combined total catch limits of

halibut for IFQ regulatory areas 2C, 3A,

3B, 4A, 4B, 4C, 4D, and 4E.

(ii) In IFQ regulatory area 2C, no

vessel may be used to harvest more than

1 percent of the halibut catch limit for

this area.

(2) Sablefish. (i) Except as provided in

paragraph (h)(2)(ii) of this section, no

vessel may be used, during any fishing

year, to harvest more than 1 percent of

the combined fixed gear TAC of

sablefish for the GOA and BSAI IFQ

regulatory areas.

(ii) In the IFQ regulatory area east of

140° W. long., no vessel may be used to

harvest more than 1 percent of the fixed

gear TAC of sablefish for this area.

(3) Excess. A person who receives an

approved IFQ allocation of halibut or

sablefish in excess of these limitations

may nevertheless catch and retain all of

that IFQ with a single vessel. However,

two or more persons may not catch and

retain their IFQs with one vessel in

excess of these limitations.

(i) Use of catcher vessel IFQ. Except

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

section, in addition to the requirements

of paragraph (c) of this section, catcher

vessel IFQ cards must be used only by

the individual who holds the QS from

which the associated IFQ is derived.

(1) Exemption. (i) An individual who

receives an initial allocation of catcher

vessel QS does not have to be aboard the

vessel and sign IFQ landing reports if

that individual owns the vessel on

which IFQ sablefish or halibut are

harvested, and is represented on the

vessel by a master employed by the

individual who received the initial

allocation of QS.

(ii) The exemption provided in

paragraph (i)(1)(i) of this section does

not apply to individuals who receive an

initial allocation of catcher vessel QS for

halibut in IFQ regulatory area 2C or for

sablefish QS in the IFQ regulatory area

east of 140° W. long., and this

exemption is not transferrable.

(2) Freezer vessel. (i) 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

§ 679.40(a)(5)(ii) (B) through (D) and no

frozen or otherwise processed fish

products are on board at any time

during a fishing trip on which catcher

vessel IFQ is being used.

(ii) 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 QS is prohibited.

(j) Use of catcher vessel IFQ by

corporations and partnerships. A

corporation or partnership that receives

an initial allocation of catcher vessel QS

may use the IFQ resulting from that QS

and any additional QS acquired within

the limitations of this section, provided

the corporation or partnership owns the

vessel on which its IFQ is used, and it

is represented on the vessel by a master

employed by the corporation or

partnership that received the initial

allocation of QS. This provision is not

transferrable and does not apply to

catcher vessel QS for halibut in IFQ

regulatory area 2C or for sablefish in the

IFQ regulatory area east of 140° W. long.

that is transferred to a corporation or

partnership. Such transfers of additional

QS within these areas must be to an

individual pursuant to § 679.41(c) and

be used pursuant to paragraphs (c) and

(i) of this section.

(1) A corporation or partnership,

except for a publicly-held corporation,

that receives an initial allocation of

catcher vessel QS loses the exemption

provided under paragraph (j)

introductory text of this section on the

effective date of a change in the

corporation or partnership from that

which existed at the time of initial

allocation.

(2) For purposes of this paragraph (j),

‘‘a change in the corporation or

partnership’’ means the addition of any

new shareholder(s) or partner(s), except

that a court appointed trustee to act on

behalf of a shareholder or partner who

becomes incapacitated is not a change

in the corporation or partnership.

(3) The Regional Director must be

notified of a change in a corporation or

partnership as defined in this paragraph

(j) within 15 days of the effective date

of the change. The effective date of

change, for purposes of this paragraph

(j), is the date on which the new

shareholder(s) or partner(s) may realize

any corporate liabilities or benefits of

the corporation or partnership.

(4) Catcher vessel QS and IFQ

resulting from that QS held in the name

of a corporation or partnership that

changes, as defined in this paragraph (j),

must be transferred to an individual, as

prescribed in § 679.41, before it may be

used at any time after the effective date

of the change.

§ 679.43 Determinations and appeals.

(a) General. This section describes the

procedure for appealing initial

administrative determinations made

under this subpart D, portions of

subpart C of this part that apply to the

halibut and sablefish CDQ program, and

§ 679.4(c).

(b) Who may appeal. Any person

whose interest is directly and adversely

affected by an initial administrative

determination may file a written appeal.

For purposes of this section, such

persons will be referred to as

‘‘applicant’’ or ‘‘appellant.’’

(c) Submission of appeals. Appeals

must be in writing and must be

submitted in original form to the

Regional Director. Contact the Regional

Director for appeals address. Appeals

transmitted by electronic means will not

be accepted.

(d) Timing of appeals. (1) If an

applicant appeals an initial

administrative determination, the

appeal must be filed not later than 60

days after the date the determination is

issued.

(2) The time period within which an

appeal may be filed begins to run on the

date the initial administrative

determination is issued. 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.

(e) Address of record. NMFS will

establish as the address of record the

address used by the applicant in initial

correspondence to Chief, RAM Division,

after the application period has begun.

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
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31275

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.

(f) Statement of reasons for appeals.

Applicants must timely submit a full

written statement in support of the

appeal, including a concise statement of

the reasons the initial administrative

determination has a direct and adverse

effect on the applicant and should be

reversed or modified. If the applicant

requests a hearing on any issue

presented in the appeal, such request for

hearing must be accompanied by a

concise written statement raising

genuine and substantial issues of

adjudicative fact for resolution and a list

of available and specifically identified

reliable evidence upon which the

factual issues can be resolved. The

appellate officer will limit his/her

review to the issues stated in the appeal;

all issues not set out in the appeal will

be waived.

(g) Hearings. The appellate officer

will review the applicant’s appeal and

request for hearing, and has discretion

to proceed as follows:

(1) Deny the appeal;

(2) Issue a decision on the merits of

the appeal, if the record contains

sufficient information on which to reach

final judgment; or

(3) Order that a hearing be conducted.

The appellate officer may so order only

if the appeal demonstrates the

following:

(i) There is a genuine and substantial

issue of adjudicative fact for resolution

at a hearing. A hearing will not be

ordered on issues of policy or law.

(ii) The factual issue can be resolved

by available and specifically identified

reliable evidence. A hearing will not be

ordered on the basis of mere allegations

or denials or general descriptions of

positions and contentions.

(iii) The evidence described in the

request for hearing, if established at

hearing, would be adequate to justify

resolution of the factual issue in the way

sought by the applicant. A hearing will

not be ordered if the evidence described

is insufficient to justify the factual

determination sought, even if accurate.

(iv) Resolution of the factual issue in

the way sought by the applicant is

adequate to justify the action requested.

A hearing will not be ordered on factual

issues that are not determinative with

respect to the action requested.

(h) Types of hearings. If the appellate

officer determines that a hearing should

be held to resolve one or more genuine

and substantial issues of adjudicative

fact, he/she may order:

(1) A written hearing, as provided in

paragraph (m) of this section; or

(2) An oral hearing, as provided in

paragraph (n) of this section.

(i) Authority of the appellate officer.

The appellate officer is vested with

general authority to conduct all hearings

in an orderly manner, including the

authority to:

(1) Administer oaths.

(2) Call and question witnesses.

(3) Issue a written decision based on

the record.

(j) Evidence. All evidence that is

relevant, material, reliable, and

probative may be included in the

record. Formal rules of evidence do not

apply to hearings conducted under this

section.

(k) Appellate officers’ decisions. The

appellate officer will close the record

and issue a decision after determining

there is sufficient information to render

a decision on the record of the

proceedings and that all procedural

requirements have been met. The

decision must be based solely on the

record of the proceedings. Except as

provided in paragraph (o) of this

section, an appellate officer’s decision

takes effect 30 days after it is issued

and, upon taking effect, is the final

agency action for purposes of judicial

review.

(l) Disqualification of an appellate

officer. (1) The appellate officer will

withdraw from an appeal at any time

he/she deems himself/herself

disqualified.

(2) The appellate officer may

withdraw from an appeal on an

appellant’s motion if:

(i) The motion is entered prior to the

appellate officer’s issuance of a

decision; and

(ii) The appellant demonstrates that

the appellate officer has a personal bias

or any other basis for disqualification.

(3) If the appellate officer denies a

motion to withdraw, he/she will so rule

on the record.

(m) Written hearing. (1) An appellate

officer may order a written hearing

under paragraph (h)(1) of this section if

he/she:

(i) Orders a hearing as provided in

paragraph (g)(3) of this section; and

(ii) Determines that the issues to be

resolved at hearing can be resolved by

allowing the appellant to present

written materials to support his/her

position.

(2) After ordering a written hearing,

the appellate officer will:

(i) Provide the appellant with

notification that a written hearing has

been ordered.

(ii) Provide the appellant with a

statement of issues to be determined at

hearing.

(iii) Provide the appellant with 30

days to file a written response. The

appellant may also provide

documentary evidence to support his/

her position. The period to file a written

response may be extended at the sole

discretion of the appellate officer, if the

appellant shows good cause for the

extension.

(3) The appellate officer may, after

reviewing the appellant’s written

response and documentary evidence:

(i) Order that an oral hearing be held,

as provided in paragraph (h)(2) of this

section, to resolve issues that cannot be

resolved through the written hearing

process;

(ii) Request supplementary evidence

from the appellant before closing the

record; or

(iii) Close the record.

(4) The appellate officer will close the

record and issue a decision after

determining that the information on the

record is sufficient to render a decision.

(n) Oral hearing. (1) The appellate

officer may order an oral hearing under

paragraphs (h)(2) and (m)(3)(i) of this

section if he/she:

(i) Orders a hearing as provided in

paragraph (g)(3) of this section; and

(ii) Determines that the issues to be

resolved at hearing can best be resolved

through the oral hearing process.

(2) After ordering an oral hearing, the

appellate officer will:

(i) Provide the appellant with

notification that an oral hearing has

been ordered.

(ii) Provide the appellant with a

statement of issues to be determined at

hearing.

(iii) Provide the appellant with

notification, at least 30 days in advance,

of the place, date, and time of the oral

hearing. Oral hearings will be held in

Juneau, AK, at the prescribed date and

time, unless the appellate officer

determines, based upon good cause

shown, that a different place, date, or

time will better serve the interests of

justice. A continuance of the oral

hearing may be ordered at the sole

discretion of the appellate officer if the

appellant shows good cause for the

continuance.

(3) The appellate officer may, either at

his/her own discretion or on the motion

of the appellant, order a pre-hearing

conference, either in person or

telephonically, to consider:

(i) The simplification of issues.

(ii) The possibility of obtaining

stipulations, admissions of facts, and

agreements to the introduction of

documents.

(iii) The possibility of settlement or

other means to facilitate resolution of

the case.
31276 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(iv) Such other matters as may aid in

the disposition of the proceedings.

(4) The appellate officer must provide

the appellant with notification of a prehearing conference, if one is ordered, at

least 30 days in advance of the

conference. All action taken at the prehearing conference will be made part of

the record.

(5) At the beginning of the oral

hearing, the appellate officer may first

seek to obtain stipulations as to material

facts and the issues involved and may

state any other issues on which he/she

may wish to have evidence presented.

Issues to be resolved at the hearing will

be limited to those identified by the

appellate officer as provided in

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

appellant will then be given an

opportunity to present his/her case.

(6) During the oral hearing, the

appellant has the right to present

reliable and material oral or

documentary evidence and to conduct

such cross-examination as may be

required in the interests of justice.

(7) After the conclusion of the oral

hearing, the appellant may be given

time by the appellate officer to submit

any supplementary information that

may assist in the resolution of the case.

(8) The appellate officer will close the

record and issue a decision after

determining that the information on the

record is sufficient to render a decision.

(o) Review by the Regional Director.

An appellate officer’s decision is subject

to review by the Regional Director, as

provided in this paragraph (o).

(1) The Regional Director may affirm,

reverse, modify, or remand the appellate

officer’s decision before the 30-day

effective date of the decision provided

in paragraph (k) of this section.

(2) The Regional Director may take

any of these actions on or after the 30-

day effective date by issuing a stay of

the decision before the 30-day effective

date. An action taken under paragraph

(o)(1) of this section takes effect

immediately.

(3) The Regional Director must

provide a written explanation why an

appellate officer’s decision has been

reversed, modified, or remanded.

(4) The Regional Director must

promptly notify the appellant(s) of any

action taken under this paragraph (o).

(5) The Regional Director’s decision to

affirm, reverse, or modify an appellate

officer’s decision is a final agency action

for purposes of judicial review.

§ 679.44 Penalties.

Any person committing, or a fishing

vessel used in the commission of, a

violation of the Magnuson Act or

Halibut Act, or any regulation issued

under the Magnuson Act or Halibut Act,

is subject to the civil and criminal

penalty provisions and civil forfeiture

provisions of the Magnuson Act or

Halibut Act, to part 600 of this chapter,

to 15 CFR part 904 (Civil Procedures),

and to other applicable law. Penalties

include but are not limited to

permanent or temporary sanctions to QS

and associated IFQ.

Subpart E—Observer Requirements/

North Pacific Fisheries Research Plan

§ 679.50 Research Plan fee.

(a) Fee percentage. The fee percentage

will be set annually under procedures at

§ 679.53, such that the total fees equal

the lesser of the following:

(1) The cost of implementing the

Research Plan, including nonpayments,

minus any other Federal funds that

support the Research Plan and any

existing surplus in the North Pacific

Fishery Observer Fund; or

(2) Two percent of the exvessel value

of all Research Plan fisheries.

(b) Fee assessment—(1) Fee

assessments applicable from January 1,

1995, through August 31, 1995—(i)

General. NMFS will calculate bimonthly

fee assessments for each processor of

Research Plan fisheries based on the

best available information received by

the Regional Director since the last

bimonthly billing period on the amount

of fish retained by the processor from

Research Plan fisheries. Fee assessments

will not be calculated for the retained

amounts of whole fish processed into

meal product.

(ii) Groundfish calculation. The

bimonthly fee assessment is calculated

by NMFS for each shoreside processor

or mothership retaining groundfish, as

follows:

Ag = (G1 × $exvessel × 1⁄2F) + (G2 ×

$exvessel × F)

Where:

(A) Ag is the bimonthly fee

assessment for groundfish.

(B) G1 is the round weight or roundweight equivalent of retained catch of

each groundfish species delivered by

catcher vessels equal to and greater than

60 ft (18.3 m) LOA determined by the

best available information received by

the Regional Director since the last

bimonthly billing period.

(C) G2 is the round weight or roundweight equivalent of retained catch of

each groundfish species delivered by

catcher vessels less than 60 ft (18.3 m)

LOA determined by the best available

information received by the Regional

Director since the last bimonthly billing

period.

(D) F is the fee percentage established

pursuant to § 679.53 for the calendar

year.

(E) $exvessel is the standard exvessel

price established pursuant to § 679.53

for the calendar year.

(iii) Crab calculation. The bimonthly

fee assessment is calculated by NMFS

for each processor retaining king or

Tanner crab, as follows:

Ac = (C1 × $exvessel × 1⁄2F) + (C2 ×

$exvessel × F)

Where:

(A) Ac is the bimonthly fee assessment

for crab.

(B) C1 is the round weight or roundweight equivalent of retained catch of

red king crab or brown king crab

harvested from ADF&G’s statistical area

R (Adak), defined at 5 AAC 34.700,

brown king crab harvested from

ADF&G’s statistical area O (Dutch

Harbor), defined at 5 AAC 34.600,

Chionoecetes tanneri Tanner crab, C.

angulatus Tanner crab, and Lithodes

cousei king crab determined by the best

available information received by the

Regional Director since the last

bimonthly billing period.

(C) C2 is, except for those species

listed under paragraph (b)(1)(iii)(B) of

this section, the round weight or roundweight equivalent of retained catch of

king or Tanner crab, determined by the

best available information received by

the Regional Director since the last

bimonthly billing period.

(D) $exvessel is the standard exvessel

price established pursuant to § 679.53

for the calendar year.

(E) F is the fee percentage established

pursuant to § 679.53 for the calendar

year.

(iv) Groundfish and halibut

calculation. Except as provided in

paragraph (b)(1)(ii) of this section, the

bimonthly fee assessment is calculated

by NMFS for each processor that retains

groundfish or halibut, as follows:

Ah,g = (H × $exvessel × F)

Where:

(A) Ah,g is the bimonthly fee assessment

for groundfish or halibut.

(B) H is the round weight or roundweight equivalent of retained catch of

groundfish or halibut determined by the

best available information received by

the Regional Director since the last

bimonthly billing period.

(C) $exvessel is the standard exvessel

price established pursuant to § 679.53

for the calendar year.

(D) F is the fee percentage established

pursuant to § 679.53 for the calendar

year.

(2) Fee assessments applicable from

September 1, 1995, through December

31, 1996. Processors of Research Plan
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31277

fisheries will not be assessed fees based

on catch from Research Plan fisheries

that is retained during the period

September 1, 1995, through December

31, 1996.

(3) Fee assessments applicable after

December 31, 1996. (i) The bimonthly

fee assessment is calculated by NMFS

for each processor of Research Plan

fisheries, as follows:

ARP = (R × $exvessel × F)

Where:

(A) ARP is the bimonthly fee

assessment for Research Plan fisheries.

(B) R is the round weight or roundweight equivalent of retained catch for

each species from Research Plan

fisheries determined by the best

available information received by the

Regional Director since the last

bimonthly billing period.

(C) $exvessel is the standard exvessel

price established pursuant to § 679.53

for the calendar year.

(D) F is the fee percentage established

pursuant to § 679.53 for the calendar

year.

(ii) Fee assessments will not be

calculated for the retained amounts of

whole fish processed into meal product.

(c) Fee payments. (1) NMFS will bill

each processor of Research Plan

fisheries for bimonthly fee assessments

calculated under paragraph (b) of this

section. Each processor must collect and

pay the bimonthly fee assessments.

Bimonthly fee assessment payments

must be in the form of certified check,

draft, or money order payable in U.S.

currency to ‘‘The Department of

Commerce/NOAA.’’

(2) Except as provided in paragraphs

(d) and (f) of this section, payment in

full must be received by the financial

institution authorized by the U.S.

Treasury to receive these funds within

30 calendar days from the date of

issuance of each bimonthly fee

assessment bill. Payments will be

deposited in the North Pacific Fishery

Observer Fund within the U.S.

Treasury.

(d) Credit for observer coverage costs

incurred from January 1, 1995, through

August 31, 1995—(1) General. Subject to

the limitations set out in paragraph

(d)(2) of this section, each processor

may subtract from its portion of the

processor’s billed fee assessment the

cost of observer coverage paid by the

processor to an observer contractor(s)

for the processor’s compliance with

observer coverage requirements at

§ 679.51.

(2) Limitations. (i) Only those

payments to observer contractors for

observer coverage required under

§ 679.51 that are received by observer

contractors prior to April 1, 1996, will

be credited against a processor’s billed

fee assessment under this paragraph (d).

(ii) The amount that may be

subtracted from a catcher/processor’s

billed fee assessment for retained catch

of groundfish is limited to the actual

cost of observer coverage required under

§ 679.51 up to an amount equal to the

fee assessment calculated under

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

(iii) The amount that may be

subtracted from a shoreside processor’s

or mothership processor vessel’s billed

fee assessment for retained catch of

groundfish is limited to the actual cost

of observer coverage required under

§ 679.51 up to an amount equal to the

sum of the fee assessment calculated

under paragraph (b)(1)(ii)(B) of this

section plus one half the fee assessment

calculated under paragraph (b)(1)(ii)(C)

of this section.

(iv) The amount that may be

subtracted from a catcher/processor or

mothership processor vessel’s billed fee

assessment for retained catch of king or

Tanner crab is limited to the actual cost

of observer coverage required under

§ 679.51 up to an amount equal to the

sum of the fee assessment calculated

under paragraph (b)(1)(iii)(B) of this

section plus one half the fee assessment

calculated under paragraph (b)(1)(iii)(C)

of this section.

(3) Credit applied by NMFS to

bimonthly fee assessments. If a

processor’s cost for observer coverage

required under § 679.51 during a

bimonthly period exceeds the calculated

fee assessment for that period, the

Regional Director will credit the

processor’s next bimonthly fee

assessment up to an amount equal to the

remaining observer coverage costs as

reported to the Regional Director under

paragraph (e) of this section, or the

bimonthly fee assessment, whichever is

less.

(e) Recordkeeping and reporting—(1)

Processor requirements. (i) All

processors that subtract costs for

observer coverage from their bimonthly

fee assessment under this paragraph (e)

must submit to the Regional Director a

copy of each paid invoice for observer

coverage and a copy of the check,

money order, or other form of payment

sent to the observer contractor in

payment for observer coverage listed on

the invoice.

(ii) The information required under

paragraph (e)(1)(i) of this section must

be sent at the time the processor submits

the payment of the bimonthly fee

assessment to the Department of

Commerce/NOAA under paragraph (c)

of this section.

(2) Observer contractor requirements.

(i) Observer contractors must submit to

the Regional Director a completed

Observer Coverage Payment Receipt

Form for each payment received from a

processor for compliance with observer

coverage requirements at § 679.51 and a

copy of the check, money order, or other

form of payment. Each completed form

and the attached copy of the record of

payment must be submitted to NMFS

Alaska Fisheries Science Center in

Seattle, WA, within 7 days after

payment is received.

(ii) Observer coverage payment

receipt form. Observer contractors may

obtain Observer Coverage Payment

Receipt Forms from the Regional

Director. The form requests the

following information:

(A) Observer contractor name and

signature of a person serving as a

representative for the observer

contractor;

(B) Identification of the processor

vessel or shoreside processor that

received observer coverage;

(C) Name of the observer(s) and

date(s) of deployment for observer

coverage;

(D) The name and mailing address of

the person who paid for observer

coverage; and

(E) The total amount paid for observer

coverage and the date payment for

observer coverage was received; and

(F) Copies of the check, money order,

or other form of payment.

(f) Disputed fee assessments. (1) A

processor must notify the Regional

Director, in writing, within 30 days of

issuance of a bimonthly fee assessment

bill, if any portion of the bimonthly fee

assessment bill is disputed. The

processor must pay the undisputed

amount of the bimonthly fee assessment

bill within 30 days of its issuance, and

provide documentation supporting the

disputed portion claimed to be underor over-billed.

(2) The Regional Director will review

the bimonthly fee assessment bill and

the documentation provided by the

processor, and will notify the processor

of his/her determination within 60 days

of the date of issuance of the bimonthly

fee assessment bill. If the Regional

Director determines a billing error has

occurred, the processor’s account will

be rectified by credit or issuance of a

corrected fee assessment bill. If the

Regional Director determines that a

billing error has not occurred, the

outstanding payment on the bimonthly

fee assessment bill will be considered

past-due from the date 30 days from the

date of issuance of the bill and late

charges will be assessed under

paragraph (g) of this section.
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(3) If the processor does not dispute

the amount of the fee assessment bill

within 30 days of its issuance, the fee

assessment will be final, and will be due

to the United States.

(g) Late charges. The NOAA Office of

the Comptroller shall assess late charges

in the form of interest and

administrative charges for late payment

of fee assessments. Interest will accrue

on the unpaid amount at a percentage

rate established by the Federal Reserve

Board and applied to funds held by the

U.S. Treasury for each 30-day period, or

portion thereof, that the payment is

overdue. Payment received after 90 days

from the due date will be charged an

additional late payment penalty charge

of 6 percent of the balance due.

(h) Refund of the North Pacific

Fishery Observer Fund (Observer

Fund)—(1) General. (i) All monies in the

Observer Fund will be refunded

according to the refund procedure set

out in paragraph (h)(2) of this section.

The sum of all amounts refunded cannot

exceed the amount available in the

Observer Fund.

(ii) The monies in the Observer Fund

include: Fee assessment payments as

specified in paragraph (c) of this

section, assessed late charges in the

form of interest and administrative

charges for late payment of fee

assessments as specified in paragraph

(g) of this section, and accrued interest.

Until the time of refund, monies will

remain deposited in the Observer Fund

earning interest.

(iii) Without exception, full

disbursement of the Observer Fund will

occur to refund Research Plan

processors. NMFS will not retain any

funds either to reimburse programs for

costs incurred to implement the

Research Plan or to issue refunds.

(2) Identification of the Research Plan

refund recipient.

(i) Except as indicated in paragraph

(h)(2)(ii) of this section, Research Plan

fees will be refunded to the person who

was billed and made payment to NMFS.

The recipient of the refund and the

refund amount will be based on Federal

processor permit records and Research

Plan billing.

(ii) Exceptions. (A) If a refund

recipient has died, the refund will be

issued to the recipient’s estate;

(B) If a refund recipient is a

corporation and has gone bankrupt,

successor-in-interest guidelines, as set

forth in applicable state law, will be

followed.

(3) Calculation of the principal

portion of refund. All payment amounts

as assessed under paragraphs (c) and (g)

of this section, and paid by processors,

will be verified by NMFS in the

Research Plan billing records and will

constitute the principal portion of the

refund.

(4) Calculation of the interest portion

of refund—(i) General. (A) The interest

earned by the principal portion invested

in the Observer Fund will be distributed

among paying processors based on their

proportional contribution to the

Observer Fund. Contributions are based

on two factors: The processor’s total

payment amount and the number of

days the processor’s total payment

amount was on deposit.

(B) This method is necessary to

ensure that the interest that is refunded

does not exceed the interest amount that

was earned and is available in the

Observer Fund. Due to the

administrative process used to invest

the funds, certain delays existed

between the date a processor made

payment and the actual investment date.

The date of payment is not the date the

deposits were invested. Therefore, using

the date of payment to calculate interest

earned on an individual processor’s

payments will not accurately reflect the

interest that was actually earned.

(C) NMFS has determined that the

calculation specified in this paragraph

(h)(4) is a fair and equitable way to

distribute the interest earned on

Observer Fund investments among the

processors that made Research Plan

payments. The interest portion of the

refund will be calculated as follows.

(ii) Processor’s contribution. A

processor’s total payment amount

multiplied by the number of days the

processor’s total payment amount was

on deposit equals the processor’s

contribution. The number of days is

based on the payment receipt date at the

First National Bank of Chicago. For

example, if a processor’s total payment

amount was $20,000 and this amount

was on deposit for 150 days, then the

processor’s contribution is

$20,000×150=$3,000,000);

(iii) Processor’s percent contribution

to Observer Fund. A processor’s

contribution divided by the total

amount of all processor contributions

multiplied by 100 equals the processor’s

percent contribution to the Observer

Fund. For example, if the total amount

of all processor contributions is

$750,000,000 ($5,000,000×150 days),

then the processor’s percent

contribution is $3,000,000/

$750,000,000×100=0.4 percent.

(iv) Processor’s interest portion of

Research Plan refund. A processor’s

percent contribution multiplied by the

total amount of interest earned by the

Observer Fund equals the processor’s

interest portion of the Research Plan

refund. For example, if the total amount

of interest earned by the Observer Fund

is $200,000, then the processor’s interest

portion of the Research Plan refund is

0.4 percent×$200,000=$800.

(5) Disinvestment of the Observer

Fund. The interest portion of the refund

cannot be calculated until Observer

Fund investments are withdrawn.

Withdrawal of investments will occur

just prior to the earliest possible

issuance of refund checks in order to

avoid unwarranted loss of interest. The

actual amount of a processor’s interest

portion of the refund will be evident

upon receipt of the refund check.

(6) Notification to processors of

refund amounts. (i) NMFS will notify

each processor by certified mail of a

preliminary determination of the

principal portion of the refund amount.

The sum of the payment amounts

received for each processor equals the

principal portion of the Research Plan

refund.

(ii) Final determination of a

processor’s principal portion is subject

to resolution of all disputes received

under paragraph (h)(7) of this section.

(iii) The notification letter to each

processor will include the following

itemized reference information:

(A) Payment amount received.

(B) Payment receipt date at the First

National Bank of Chicago.

(C) Check number.

(D) Research Plan bill number to

which the payment was applied.

(E) The fishery category to which the

payment was applied.

(7) Dispute process. A processor that

disagrees with any determination of the

principal portion of the refund amount

as described in paragraph (h)(3) of this

section must sign the certified

notification letter and return it to NMFS

within 30 days of receipt of the certified

letter, accompanied by documentation

supporting the disputed principal

portion of the refund amount.

(i) NMFS review. NMFS will review

letters and documentation received

under this paragraph (h)(7).

(ii) NMFS determination. (A) If NMFS

determines an error exists in the

calculation of the principal portion of

refund amounts, NMFS will correct

such calculations and notify the affected

processors of its determination; or

(B) If NMFS determines no error

exists in the calculation of the principal

portion of refund amounts, NMFS will

notify the affected processors of its

determination.

(8) Disbursement of refund checks.

Once all disputes received under

paragraph (h)(7) of this section have

been resolved, NMFS will authorize and

provide necessary documentation for
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31279

refund checks to be disbursed by the

U.S. Treasury.

§ 679.51 General observer requirements

(applicable through December 31, 1996).

(a) Coverage requirements for

operators of GOA and BSAI groundfish

vessels. Observer coverage is required as

follows:

(1) Mothership. A mothership of any

length that:

(i) Processes 1,000 mt or more in

round weight or round-weight

equivalents of groundfish during a

calendar month is required to have a

NMFS-certified observer aboard the

vessel each day it receives or processes

groundfish during that month.

(ii) Processes from 500 mt to 1,000 mt

in round weight or round-weight

equivalents of groundfish during a

calendar month is required to have a

NMFS-certified observer aboard the

vessel at least 30 percent of the days it

receives or processes groundfish during

that month.

(iii) Each mothership that receives

pollock harvested by catcher vessels in

the CVOA, defined in Figure 2 of this

part, during the second pollock season

that starts on August 15 under § 679.23,

is required to have a second NMFScertified observer aboard, in addition to

the observer required under paragraphs

(a)(1) (i) and (ii) of this section, for each

day of the second pollock season until

the chum salmon savings area is closed

under § 679.21(e)(7)(vi), or October 15,

1996, whichever occurs first.

(2) Catcher/processor or catcher

vessel. A catcher/processor or catcher

vessel:

(i) Except for a vessel fishing for

groundfish with pot gear as provided in

paragraphs (a)(2) (iv) and (v) of this

section, 125 ft (38.1 m) LOA or longer

must carry a NMFS-certified observer

during 100 percent of its fishing days

while fishing for groundfish.

(ii) Equal to or greater than 60 ft (18.3

m) LOA, but less than 125 ft (38.1 m)

LOA, must carry a NMFS-certified

observer during at least 30 percent of its

fishing days in each calendar quarter in

which the vessel participates for more

than 3 fishing days in a directed fishery

for groundfish. Each vessel that

participates for more than 3 fishing days

in a directed fishery for groundfish in a

calendar quarter must carry a NMFScertified observer during at least one

fishing trip during that calendar quarter

for each of the groundfish fishery

categories defined under paragraph (b)

of this section in which the vessel

participates.

(iii) Fishing with hook-and-line gear

that is required to carry an observer

under paragraph (a)(2)(ii) of this section

must carry a NMFS-certified observer

during at least one fishing trip in the

GOA Eastern Regulatory Area during

each calendar quarter in which the

vessel participates in a directed fishery

for groundfish in the Eastern Regulatory

Area.

(iv) Equal to or greater than 60 ft (18.3

m) LOA fishing with pot gear must carry

a NMFS-certified observer during at

least 30 percent of its fishing days in

each calendar quarter in which the

vessel participates for more than 3

fishing days in a directed fishery for

groundfish.

(v) Each vessel that participates for

more than 3 fishing days in a directed

fishery for groundfish using pot gear

must carry a NMFS-certified observer

during at least one fishing trip during a

calendar quarter for each of the

groundfish fishery categories defined

under paragraph (b) of this section in

which the vessel participates.

(b) Groundfish fishery categories

requiring separate coverage. Directed

fishing for groundfish, during any

fishing trip, results:

(1) Pollock fishery. In a retained catch

of pollock that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (b).

(2) Pacific cod fishery. In a retained

catch of Pacific cod that is greater than

the retained catch of any other

groundfish species or species group that

is specified as a separate groundfish

fishery under this paragraph (b).

(3) Sablefish fishery. In a retained

catch of sablefish that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (b).

(4) Rockfish fishery. In a retained

aggregate catch of rockfish of the genera

Sebastes and Sebastolobus that is

greater than the retained catch of any

other groundfish species or species

group that is specified as a separate

groundfish fishery under this paragraph

(b).

(5) Flatfish fishery. In a retained

aggregate catch of all flatfish species,

except halibut, that is greater than the

retained catch of any other groundfish

species or species group that is specified

as a separate groundfish fishery under

this paragraph (b).

(6) Other species fishery. In a retained

catch of groundfish that does not qualify

as a pollock, Pacific cod, sablefish,

rockfish, or flatfish fishery as defined

under paragraphs (b) (1) through (5) of

this section.

(c) Assignment of vessels to fisheries.

At the end of any fishing trip, a vessel’s

retained catch composition of

groundfish species or species groups for

which a TAC has been specified under

§ 679.20, in round weight or roundweight equivalents, will determine to

which of the fishery categories listed

under paragraph (b) of this section the

vessel is assigned.

(1) Catcher/processor. A catcher/

processor will be assigned to a fishery

category based on retained groundfish

catch composition reported on the

vessel’s WPR submitted to the Regional

Director under § 679.5.

(2) Catcher vessel delivery in Federal

waters. A catcher vessel that delivers to

motherships in Federal waters will be

assigned to a fishery category based on

the retained groundfish catch

composition reported on the WPR

submitted to the Regional Director for

that week by the mothership under

§ 679.5.

(3) Catcher vessel delivery in Alaska

State waters. A catcher vessel that

delivers groundfish to a shoreside

processor or to a mothership in Alaska

State waters will be assigned to a fishery

category based on the retained

groundfish catch composition reported

on one or more ADF&G fish tickets as

required under Alaska Statutes at A.S.

16.05.690.

(d) Coverage requirements for

managers of BSAI and GOA groundfish

shoreside processors. Observer coverage

is required as follows. A shoreside

processor:

(1) That processes 1,000 mt or more

in round weight or round-weight

equivalents of groundfish during a

calendar month is required to have a

NMFS-certified observer present at the

facility each day it receives or processes

groundfish during that month.

(2) That processes 500 mt to 1,000 mt

in round weight or round-weight

equivalents of groundfish is required to

have a NMFS-certified observer present

at the facility at least 30 percent of the

days it receives or processes groundfish

during that month.

(3) That offloads pollock at more than

one location on the same dock; has

distinct and separate equipment at each

location to process those pollock; and

that receives pollock harvested by

catcher vessels in the CVOA during the

second pollock season that starts on

August 15, under § 679.23, is required to

have a NMFS-certified observer, in

addition to the observer required under

paragraphs (d) (1) and (2) of this section,

at each location where pollock is

offloaded, for each day of the second

pollock season until the chum salmon

savings area is closed under

§ 679.21(e)(7)(vi), or October 15, 1996,

whichever occurs first.
31280 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(e) Coverage requirements for vessel

operators of BSAI king and Tanner crab.

An operator of a vessel that harvests or

processes king or Tanner crab must have

one or more State of Alaska-certified

observers aboard the vessel whenever

king or Tanner crab are received,

processed, or on board the vessel in the

BSAI if the operator is required to do so

by Alaska State regulations at 5 AAC

34.035, 34.082, 35.082, or 39.645.

§ 679.52 Observer coverage requirements

for Research Plan fisheries (applicable after

December 31, 1996).

(a) BSAI and GOA groundfish and

halibut from convention waters off

Alaska—(1) Operators of vessels. An

operator of a vessel that catches and

retains groundfish or halibut, or a vessel

that processes groundfish or halibut,

must carry one or more NMFS-certified

observers aboard the vessel whenever

fishing operations are conducted, if the

operator is required to do so by the

Regional Director under paragraph (c) of

this section.

(2) Managers of shoreside processors.

A manager of a shoreside processor that

processes groundfish or halibut received

from vessels regulated under this part

must have one or more NMFS-certified

observers present at the facility

whenever groundfish or halibut are

received or processed, if the manager is

required to do so by the Regional

Director under paragraph (c) of this

section.

(b) BSAI king and Tanner crab—(1)

Operators of vessels. An operator of a

vessel subject to this part must carry one

or more NMFS-certified observers or

ADF&G employees aboard the vessel

whenever fishing or processing

operations are conducted, if the operator

is required to do so by the Regional

Director under paragraph (c) of this

section.

(2) Managers of shoreside processors.

A manager of a shoreside processor that

processes king or Tanner crab received

from vessels regulated under this part

must have one or more NMFS-certified

observers, or ADF&G employees,

present at the facility whenever king or

Tanner crab is received or processed, if

the manager is required to do so by the

Regional Director under paragraph (c) of

this section.

(c) Annual determination of coverage

level. The appropriate level of observer

coverage necessary to achieve the

objectives of the Research Plan, given

the funds available from the North

Pacific Fishery Observer Fund, will be

established annually under procedures

in § 679.53.

(d) Inseason changes in coverage

level. (1) The Regional Director may

increase or decrease the observer

coverage requirements for the Research

Plan fisheries at any time to improve the

accuracy, reliability, and availability of

observer data, and to ensure solvency of

the observer program, so long as the

standards of section 313 of the

Magnuson Act and other applicable

Federal regulations are met, and the

changes are based on one or more of the

following:

(i) A finding that there has been, or is

likely to be, a significant change in

fishing methods, times, or areas, or

catch or bycatch composition for a

specific fishery or fleet component.

(ii) A finding that such modifications

are necessary to improve data

availability or quality in order to meet

specific fishery management objectives.

(iii) A finding that any decrease in

observer coverage resulting from

unanticipated funding shortfalls is

consistent with the following priorities:

(A) Status of stock assessments.

(B) Inseason management.

(C) Bycatch monitoring.

(D) Vessel incentive programs and

regulatory compliance.

(E) A determination that any

increased costs are commensurate with

the quality and usefulness of the data to

be derived from any revised program,

and are necessary to meet fishery

management needs.

(2) The Regional Director will consult

with the Commissioner of ADF&G prior

to making inseason changes in observer

coverage level for the crab observer

program.

(3) NMFS will publish changes in

observer coverage requirements made

under this paragraph (d) in the Federal

Register, with the reasons for the

changes and any special instructions to

vessels required to carry observers, at

least 10 calendar days prior to their

implementation.

(e) Responsibilities—(1) Vessel

responsibilities. An operator of a vessel

must:

(i) Accommodations and food.

Provide, at no cost to observers, the

State of Alaska, or the United States,

accommodations and food on the vessel

for the observer or observers that are

equivalent to those provided for officers,

engineers, foremen, deck-bosses or other

management level personnel of the

vessel.

(ii) Safe conditions. Maintain safe

conditions on the vessel for the

protection of observers during the time

observers are aboard the vessel, by

adhering to all USCG and other

applicable rules, regulations, or statutes

pertaining to safe operation of the

vessel.

(iii) Transmission of data. Facilitate

transmission of observer data by:

(A) Allowing observers 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

observers, the State of Alaska, or the

United States.

(B) Ensuring that each mothership

that receives pollock harvested in the

CVOA, during the pollock non-roe

season that starts on August 15, is

equipped with INMARSAT Standard A

satellite communication capabilities,

cc:Mail remote, and the data entry

software, provided by the Regional

Director, for use by the observer. The

operator of each mothership shall also

make available for the observers’ use the

following equipment compatible

therewith and having the ability to

operate the NMFS-supplied data entry

software program: A personal computer

with a 486 or better processing chip and

a DOS 3.0 or better operating system

with 10 megabytes free hard disk storage

and 8 megabytes RAM.

(C) Ensuring that the communication

equipment that is on motherships as

specified at paragraph (e)(1)(iii)(B) of

this section, and that is used by

observers to transmit data is fully

functional and operational.

(iv) Vessel position. Allow observers

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

navigation equipment and personnel, on

request, to determine the vessel’s

position.

(v) Access. Allow observers 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.

(vi) Prior notification. Notify

observers 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 observers

specifically request not to be notified.

(vii) Document access. Allow

observers to inspect and copy the

vessel’s DFL, DCPL, product transfer

forms, any other logbook or document

required by regulations, printouts or

tallies of scale weights, scale calibration

records, bin sensor readouts, and

production records.

(viii) Assistance. Provide all other

reasonable assistance to enable

observers to carry out their duties,

including, but not limited to:

(A) Measuring decks, codends, and

holding bins.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31281

(B) Providing the observers with a safe

work area adjacent to the sample

collection site.

(C) Providing crab observers with the

necessary equipment to conduct

sampling, such as scales, fish totes, and

baskets.

(D) Collecting bycatch when

requested by the observers.

(E) Collecting and carrying baskets of

fish when requested by observers.

(F) Allowing observers to determine

the sex of fish when this procedure will

not decrease the value of a significant

portion of the catch.

(ix) Embarking or debarking observer.

Move the vessel to such places and at

such times as may be designated by the

contractor, as instructed by the Regional

Director, for purposes of embarking and

debarking observers.

(x) Transfer at sea. (A) 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.

(B) Notify observers at least 3 hours

before observers are transferred, such

that the observers can collect personal

belongings, equipment, and scientific

samples.

(C) Provide a safe pilot ladder and

conduct the transfer to ensure the safety

of observers during transfers.

(D) Provide an experienced crew

member to assist observers in the small

boat or raft in which any transfer is

made.

(2) Shoreside processor

responsibilities. A manager of a

shoreside processor must:

(i) Safe conditions. Maintain safe

conditions at the shoreside processor for

the protection of observers by adhering

to all applicable rules, regulations, or

statutes pertaining to safe operation and

maintenance of the processing facility.

(ii) Operations information. Notify

observers, as requested, of the planned

facility operations and expected receipt

of groundfish, crab, or halibut prior to

receipt of those fish.

(3) Transmission of data. Facilitate

transmission of observer data by:

(i) Allowing observers to use the

shoreside processor’s communication

equipment and personnel, on request,

for the entry, transmission, and receipt

of work-related messages, at no cost to

the observers, the State of Alaska, or the

United States;

(ii) Ensuring that each shoreside

processor that is required to have 100-

percent observer coverage under

§ 679.51 and that receives pollock

harvested in the CVOA, during the

second pollock season that starts on

August 15, under § 679.23, makes

available to the observer the following

equipment or equipment compatible

therewith: A personal computer with a

minimum of a 486 processing chip with

at least a 9600-baud modem and a

telephone line. The personal computer

must be equipped with a mouse,

Windows version 3.1, or a program

having the ability to operate the NMFSsupplied data entry software program,

10 megabytes free hard disk storage, 8

megabytes RAM, and with data entry

software provided by the Regional

Director for use by the observers.

(iii) Ensuring that the communication

equipment that is in the shoreside

processor as specified in paragraph

(e)(3)(ii) of this section and that is used

by observers to transmit data is fully

functional and operational.

(4) Access. Allow observers free and

unobstructed access to the shoreside

processor’s holding bins, processing

areas, freezer spaces, weight scales,

warehouses, and any other space that

may be used to hold, process, weigh, or

store fish or fish products at any time.

(5) Document access. Allow observers

to inspect and copy the shoreside

processor’s DCPL, product transfer

forms, any other logbook or document

required by regulations; printouts or

tallies of scale weights; scale calibration

records; bin sensor readouts; and

production records.

(6) Assistance. Provide all other

reasonable assistance to enable the

observer to carry out his or her duties,

including, but not limited to:

(i) Assisting the observer in moving

and weighing totes of fish.

(ii) Cooperating with product recovery

tests.

(iii) Providing a secure place to store

baskets of sampling gear.

(f) Notification of observer contractors

by processors and operators of vessels

required to carry observers. (1)

Processors and operators of vessels

required to carry observers under the

Research Plan are responsible for

meeting their observer coverage

requirements. Processors and vessel

operators must notify the appropriate

observer contractor, as identified by

NMFS, in writing or fax, at least 60 days

prior to the need for an observer, to

ensure that an observer will be

available. Processors and vessel

operators must notify the appropriate

observer contractor again, in writing,

fax, or by telephone, at least 10 days

prior to the need for an observer, to

make final arrangements for observer

deployment.

(2) If observer contractors are not

notified within the time periods set out

at paragraph (f)(1) of this section, the

availability of an observer to meet

observer coverage requirements will not

be guaranteed.

(3) Names of observer contractors,

information for contacting contractors,

and a list of embarkment/

disembarkment ports for observers will

be published in the Federal Register

annually, prior to the beginning of the

calendar year, pursuant to § 679.53.

(g) Release of observer data to the

public—(1) Summary of weekly data.

The following information collected by

observers for each catcher processor and

catcher vessel during any weekly

reporting period may be made available

to the public:

(i) Vessel name and Federal permit

number.

(ii) Number of chinook salmon and

‘‘other salmon’’ observed.

(iii) The ratio of total round weight of

halibut or Pacific herring to the total

round weight of groundfish in sampled

catch.

(iv) The ratio of number of king crab

or C. bairdi Tanner crab to the total

round weight of groundfish in sampled

hauls.

(v) The number of observed trawl

hauls or fixed gear sets.

(vi) The number of trawl hauls that

were basket sampled.

(vii) The total weight of basket

samples taken from sampled trawl

hauls.

(2) Haul-specific data. (i) The

information listed in paragraphs

(g)(2)(i)(A) through (M) of this section

and collected by observers from

observed hauls on board vessels using

trawl gear to participate in a directed

fishery for groundfish other than

rockfish, Greenland turbot, or Atka

mackerel may be made available to the

public:

(A) Date.

(B) Time of day gear is deployed.

(C) Latitude and longitude at

beginning of haul.

(D) Bottom depth.

(E) Fishing depth of trawl.

(F) The ratio of the number of chinook

salmon to the total round weight of

groundfish.

(G) The ratio of the number of other

salmon to the total round weight of

groundfish.

(H) The ratio of total round weight of

halibut to the total round weight of

groundfish.

(I) The ratio of total round weight of

herring to the total round weight of

groundfish.

(J) The ratio of the number of king

crab to the total round weight of

groundfish.

(K) The ratio of the number of C.

bairdi Tanner crab to the total round

weight of groundfish.
31282 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

(L) Sea surface temperature (where

available).

(M) Sea temperature at fishing depth

of trawl (where available).

(ii) The identity of the vessels from

which the data in paragraph (g)(2)(i) of

this section are collected will not be

released.

(3) Disclosure. In exceptional

circumstances, the owners and

operators of vessels may provide to the

Regional Director written justification at

the time observer data are submitted, or

within a reasonable time thereafter, that

disclosure of the information listed in

paragraphs (g)(1) and (2) of this section

could reasonably be expected to cause

substantial competitive harm. The

determination whether to disclose the

information will be made pursuant to 15

CFR 4.7.

(h) Vessel safety requirements. Any

vessel that is required to carry observers

under paragraph (a)(1) or (b)(1) of this

section or § 679.51(a) or (e) must have

on board one of the following:

(1) A valid Commercial Fishing Vessel

Safety Decal issued within the past 2

years that certifies compliance with

regulations found in 33 CFR Chapter I

and 46 CFR Chapter III.

(2) A certificate of compliance issued

pursuant to 46 CFR 28.710.

(3) A valid certificate of inspection

pursuant to 46 U.S.C. 3311. NMFS will

not station observers aboard vessels that

do not meet this requirement.

§ 679.53 Annual Research Plan

specifications.

(a) Proposed Research Plan

specifications. Annually, after

consultation with the Council, and, in

the case of observer coverage levels in

the crab fisheries, the State of Alaska,

NMFS will publish for public comment

in the Federal Register:

(1) Standard exvessel prices. Standard

exvessel prices will be used in

determining the annual fee percentage

for the calendar year and will be the

basis for calculating fee assessments.

Standard exvessel prices for species

harvested in Research Plan fisheries for

each calendar year will be based on:

(i) Exvessel price information by

applicable season, area, gear, and

processing sector for the most recent 12-

month period for which data are

available.

(ii) Factors that are expected to

change exvessel prices in the calendar

year.

(iii) Any other relevant information

that may affect expected exvessel prices

during the calendar year.

(2) Total exvessel value. The total

exvessel value of Research Plan fisheries

will be calculated as the sum of the

product of the standard exvessel prices

established under paragraph (a)(1) of

this section and projected retained

catches, by species. The value of whole

fish processed into meal product will

not be included in this calculation.

(3) Research Plan fee percentage. The

Research Plan fee percentage for a

calendar year will equal the lesser of 2

percent of the exvessel value of retained

catch in the Research Plan fisheries or

the fee percentage calculated using the

following equation:

Fee percentage=[100×(RRPC–FB–OF)/

V]/(1–NPR)

Where:

(i) RRPC is the projection of

recoverable Research Plan costs for the

coming year.

(ii) FB is the projected end of the year

balance of funds collected under the

Research Plan.

(iii) OF is the projection of other

funding for the coming year.

(iv) V is the projected exvessel value

of retained catch in the Research Plan

fisheries for the coming year.

(v) NPR is the percent (expressed as

a decimal) of fee assessments that are

expected to result in nonpayment.

(4) Observer coverage. For the period

January 1, 1996, through December 31,

1996, observer coverage levels in

Research Plan fisheries will be as

required by § 679.51. After December

31, 1996, the level of observer coverage

will be determined annually by NMFS,

after consultation with the Council and

the State of Alaska, and may vary by

fishery and vessel or processor size,

depending upon the objectives to be met

for the groundfish, halibut, and king and

Tanner crab fisheries. The Regional

Director may change observer coverage

inseason pursuant to § 679.52(d).

(5) Embarkment/disembarkment

ports. Ports to be used to embark and

disembark observers will be selected on

the basis of convenience to the affected

industry and on the availability of

facilities, transportation, and

accommodations deemed by the

Regional Director to be necessary for the

safe and reasonable deployment of

observers.

(b) Final Research Plan specifications.

NMFS will consider comments received

on the proposed specifications and,

following consultation with the Council,

and with the State of Alaska, in the case

of observer coverage in the crab

fisheries, will publish the final total

exvessel value; standard exvessel prices;

fee percentage; levels of observer

coverage for Research Plan fisheries,

including names of observer contractors

and information for contacting them;

and embarkment/disembarkment ports

in the Federal Register annually, prior

to the beginning of the calendar year.

§ 679.54 Compliance.

The operator of any fishing vessel

subject to this subpart, and the manager

of any shoreside processor that receives

groundfish, halibut, or king and Tanner

crab from vessels subject to this subpart,

must comply with the requirements of

this subpart. The owner of any fishing

vessel subject to this subpart, or any

shoreside processor that received

groundfish, halibut, or king and Tanner

crab from vessels subject to this subpart,

must ensure that the operator or

manager complies with the

requirements of this subpart and is

liable, either individually or jointly and

severally, for compliance with the

requirements of this subpart.

Subpart F—Scallop Fishery off Alaska

§ 679.60 Prohibitions.

In addition to the general prohibitions

specififed in § 600.725 of this chapter, it

is unlawful for any person to retain any

scallops in the EEZ seaward of Alaska

during the period that extends through

the earlier of August 28, 1996, or other

superseding management measures.

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Figure 1 to Part 679.—BSAI Statistical and Reporting Areas

a. Map

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31284 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 1 to Part 679—BSAI Statistical and Reporting Areas

b. Coordinates of Reporting Areas

Code Description

300 ......... Russian waters. Those waters inside the Russian 200 mile limit as described in the current editions of NOAA chart INT 813 Bering

Sea (Southern Part) and NOAA chart INT 814 Bering Sea (Northern Part).

400 ......... Chukchi Sea. North of a diagonal line between 66°00′ N, 169°42.5′ W (Cape Dezhneva, Russia); and 65°37.5′ N, 168°7.5′ W (Cape

Prince of Wales, Alaska) and to the limits of the U.S. EEZ as described in the current edition of NOAA chart INT 814 Bering Sea

(Northern Part).

508 ......... South of 58°00′ N between the intersection of 58°00′ N lat with the Alaska Peninsula and 160°00′ W long.

509 ......... South of 58°00′ N lat between 163°00′ W long and 165°00′ W long.

512 ......... South of 58°00′ N lat, north of the Alaska Peninsula between 160°00′ W long and 162°00′ W long.

513 ......... Between 58°00′ N lat and 56°30′ N lat, and between 165°00′ W long and 170°00′ W long.

514 ......... North of 58°00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170°00′ W long.

516 ......... South of 58°00′ N lat, north of the Alaska Peninsula, and between 162°00′ and 163°00′ W long.

517 ......... South of 56°30′ N lat, between 165°00′ W long and 170°00′ W long; and north of straight lines between

54°30′ N lat, 165°00′ W long,

54°30′ N lat, 167°00′ W long, and

55°46′ N lat, 170°00′ W long.

518 ......... Bogoslof District: South of a straight line between 55°46′ N lat, 170°00′ W long and 54°30′ N lat, 167°00′ W long, and between

167°00′ W long and 170°00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed:

52°49.2′ N, 169°40.4′ W,

52°49.8′ N, 169°06.3′ W,

53°23.8′ N, 167°50.1′ W,

53°18.7′ N, 167°51.4′ W.

519 ......... South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of

Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the

order listed:

53°59.0′ N, 166°17.2′ W,

54°02.9′ N, 166°03.0′ W,

54°07.7′ N, 165°40.6′ W,

54°08.9′ N, 165°38.8′ W,

54°11.9′ N, 165°23.3′ W,

54°23.9′ N, 164°44.0′ W.

521 ......... The area bounded by straight lines connecting the following coordinates in the order listed:

55°46′ N, 170°00′ W,

59°25′ N, 179°20′ W,

60°00′ N, 179°20′ W,

60°00′ N, 171°00′ W,

58°00′ N, 171°00′ W,

58°00′ N, 170°00′ W,

55°46′ N, 170°00′ W.

523 ......... The area bounded by straight lines connecting the following coordinates in the order listed:

59°25′ N, 179°20′ W;

55°46′ N, 170°00′ W;

55°00′ N, 170°00′ W;

55°00′ N, 180°00′ W;

and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part).

524 ......... The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed:

58°00′ N, 170°00′ W

58°00′ N, 171°00′ W;

60°00′ N, 171°00′ W;

60°00′ N, 179°20′ W;

59°25′ N, 179°20′ W

and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part).

530 ......... The area north of 55°00′ N lat and west of 180°00′ W long to the limits of the US EEZ as described in the current edition of NOAA

chart INT 813 Bering Sea (Southern Part).

541 ......... Eastern Aleutian District. The area south of 55°00′ N lat, west of 170°00′ W long, and east of 177°00′ W long and bounded on the

south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and

NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands).

542 ......... Central Aleutian District. The area south of 55°00′ N lat, west of 177°00′ W long, and east of 177°00′ E long and bounded on the

south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and

NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands).

543 ......... Western Aleutian District. The area south of 55°00′ N lat and west of 177°00′ E long, and bounded on the south and west by the

limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530

(San Diego to Aleutian Islands and Hawaiian Islands).

550 ......... Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part).

Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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Figure 2 to Part 679—BSAI Catcher Vessel Operational Area
31286 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 3 to Part 679—Gulf of Alaska Statistical and Reporting Areas

a. Map

BILLING CODE 3510–22–C
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31287

Figure 3b to Part 679—Gulf of Alaska

Statistical and Reporting Areas

b. Coordinates of Reporting Areas

Code Description

610 ......... Western Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands and straight lines between the islands and

the Alaska Peninsula connecting the following coordinates in the order listed:

52° 49.2′ N, 169° 40.4′ W;

52° 49.8′ N, 169° 06.3′ W;

53° 23.8′ N, 167° 50.1′ W;

53° 18.7′ N, 167° 51.4′ W;

53° 59.0′ N, 166° 17.2′ W;

54° 02.9′ N, 166° 03.0′ W;

54° 07.7′ N, 165° 40.6′ W;

54° 0.89′ N, 165° 38.8′ W;

54° 11.9′ N, 165° 23.3′ W;

54° 23.9′ N, 164° 44.0′ W; and southward to the

limits of the US EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500

(West Coast of North America, Dixon Entrance to Unimak Pass), between 170° 00′ W long and 159° 00′ W long.

620 ......... Central Regulatory Area, Chirikof District. Along the south side of the Alaska Peninsula, between 159° 00′ W long and 154° 00′ W

long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North

America, Dixon Entrance to Unimak Pass).

630 ......... Central Regulatory Area, Kodiak District. Along the south side of continental Alaska, between 154° 00′ W long and 147° 00′ W long,

and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America,

Dixon Entrance to Unimak Pass). Excluding area 649.

640 ......... Eastern Regulatory Area, West Yakutat District. Along the south side of continental Alaska, between 147° 00′ W long and 140° 00′

W long, and southward to the limits of the US EEZ, as described in the current edition of NOAA chart 500 (West Coast of North

America, Dixon Entrance to Unimak Pass). Excluding area 649.

649 ......... Prince William Sound. Includes those waters of the State of Alaska inside the base line as specified in Alaska State regulations at 5

AAC 28.200.

650 ......... Eastern Regulatory Area, Southeast Outside District. East of 140° 00′ W long and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area

659.

659 ......... Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105(a)(1) and (2).

690 ......... Gulf of Alaska outside the U.S. EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and

NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass).

Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.

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31288 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 4 to Part 679—Herring Savings Areas in the BSAI a. Map

BILLING CODE 3510–22–C
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31289

Figure 4 to Part 679—Herring Savings Areas in the BSAI

b. Coordinates

Name Description and effective date

Summer Herring Savings Area 1 ............ That part of the Bering Sea subarea that is south of 57° N. lat and between 162° and 164° W. long

from 1200 hours, A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing year.

Summer Herring Savings Area 2 ............ That part of the Bering Sea subarea that is south of 56° 30′ N. lat and between 164° and 167° W.

long from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing year.

Winter Herring Savings Area ................... That part of the Bering Sea subarea that is between 58° and 60° N. lat and between 172° and 175°

W. long from 1200 hours, A.l.t. September 1 of the current fishing year through 1200 hours, A.l.t.

March 1 of the succeeding fishing year.

BILLING CODE 3510–22–W
31290 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 5a to part 679—Kodiak Island Areas Closed to Nonpelagic Trawl Gear

a. Map

BILLING CODE 3510–22–C
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31291

Figure 5 to Part 679—Kodiak Island Areas Closed to Nonpelagic Trawl Gear

b. Coordinates

Name and description of

reference area North latitude/West longitude Reference point

Alitak Flats and Towers Areas—All waters of Alitak flats and the Towers Areas enclosed by a line connecting the following 7 points in the order

listed:

a ......................................................................... 56°59′4′′ 154°31′1′′ Low Cape.

b ......................................................................... 57°00′0′′ 155°00′0′′

c ......................................................................... 56°17′0′′ 155°00′0′

d ......................................................................... 56°17′0′′ 153°52′0′′

e ......................................................................... 56°33′5′′ 153°52′0′′ Cape Sitkinak.

f .......................................................................... 56°54′5′′ 153°32′5′′ East point of Twoheaded Island.

g ......................................................................... 56°56′0′′ 153°35′5′′ Kodiak Island, thence, along the coastline.

a ......................................................................... 56°59′4′′ 154°31′1′′ Low Cape.

Marmot Flats Area—All waters enclosed by a line connecting the following five points in the clockwise order listed:

a ......................................................................... 58°00′0′′ 152°30′0′′

b ......................................................................... 58°00′0′′ 151°47′0′′

c ......................................................................... 57°37′0′′ 151°47′0′′

d ......................................................................... 57°37′0′′ 152°10′1′′ Cape Chiniak, then along the coastline of Kodiak Island to North Cape.

e ......................................................................... 57°54′5′′ 152°30′0′′

a ......................................................................... 58°00′0′′ 152°30′0′′

Chirikof Island Area—All waters surrounding Chirikof Island enclosed by a line connecting the following four points in the counter-clockwise order

listed:

a ......................................................................... 56°07′0′′ 155°13′0′′

b ......................................................................... 56°07′0′′ 156°00′0′′

c ......................................................................... 55°41′0′′ 156°00′0′′

d ......................................................................... 55°41′0′′ 155°13′0′′

a ......................................................................... 56°07′0′′ 155°13′0′′

Barnabas Area—All waters enclosed by a line connecting the following six points in the counter clockwise order listed a57° 00′ 0′′ 153° 18′ 0′′

Black Point

b ......................................................................... 56°56′0′′ 153°09′0′′

c ......................................................................... 57°22′0′′ 152°18′5′′ South Tip of Ugak Island.

d ......................................................................... 57°23′5′′ 152°17′5′′ North Tip of Ugak Island.

e ......................................................................... 57°25′3′′ 152°20′0′′ Narrow Cape, thence, along the coastline of

Kodiak Island.

f .......................................................................... 57°04′2′′ 153°30′0′′ Cape Kasick to Black Point, including inshore

waters.

a ......................................................................... 57°00′0′′ 153°18′0′′

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31292 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Figure 6 to Part 679—Length Overall of a Vessel
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31293

Figure 7 to Part 679—Location of trawl gear test areas in the GOA and the BSAI

BILLING CODE 3510–22–W
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TABLE 1 TO PART 679—PRODUCT CODES

Fish product code Description

1 ............. Whole fish/food fish.

2 ............. Whole fish/bait. Processed for bait.

3 ............. Bled only. Throat, or isthmus, slit to allow blood to drain.

4 ............. Gutted only. Belly slit and viscera removed.

6 ............. Head and gutted, with roe.

7 ............. Headed and gutted, Western cut. Head removed just in front of the collarbone, and viscera removed.

8 ............. Headed and gutted, Eastern cut. Head removed just behind the collarbone, and viscera removed.

10 ........... Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed.

11 ........... Kirimi. Head removed either in front or behind the collarbone, viscera removed, and tail removed by cuts perpendicular to the spine,

resulting in a steak.

12 ........... Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted.

13 ........... Wings. On skates, side finds are cut off next to body.

14 ........... Roe. Eggs, either loose or in sacs, or skeins.

15 ........... Pectoral girdle. Collar bone and associated bones, cartilage and flesh.

16 ........... Heads. Heads only, regardless where severed from body.

17 ........... Cheeks. Muscles on sides of head.

18 ........... Chins. Lower jaw (mandible), muscles, and flesh.

19 ........... Belly. Flesh in region of pelvic and pectoral fins and behind head.

20 ........... Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail.

21 ........... Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail.

22 ........... Fillets with ribs and no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail.

23 ........... Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail.

24 ........... Deep-skin fillet. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of

tail, resulting in thin fillets.

30 ........... Surimi. Paste from fish flesh and additives.

31 ........... Minced. Ground flesh.

32 ........... Fish meal. Meal from fish and fish parts, including bone meal.

33 ........... Fish oil. Rendered oil.

34 ........... Milt. (in sacs, or testes).

35 ........... Stomachs. Includes all internal organs.

36 ........... Octopus/squid mantles. Flesh after removal of viscera and arms.

37 ........... Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached.

39 ........... Bones (if meal, report as 32).

86 ........... Donated Salmon. Includes salmon retained and donated under Salmon Donation Program.

97 ........... Other retained product

DISCARD PRODUCT CODES

92 ........... Discard, bait. Whole fish used as bait on board vessel.

94 ........... Discard, consumption. Fish or fish products eaten on board or taken off the vessel for personal use.

96 ........... Previously discarded fish (decomposed) taken with trawl gear in current fishing efforts. Discarded.

98 ........... Discard, at sea. Whole groundfish and prohibited species discarded by catcher vessels, Catcher/Processors, Motherships, or Buying

Stations delivering to Motherships.

99 ........... Discard, dockside. Discard after delivery and before processing; Discard, at plant. Inplant discard of whole groundfish and prohibited

species by Shoreside Processors and Buying Stations delivering to Shoreside Processors before and during processing.

M99 ........ Discard, off site meal reduction plant. Discarded fish that are transferred to any off site facility for reduction to fish meal, fish oil and/

or discard at sea.

PRODUCT DESIGNATION

A ............. Ancillary. Product made in addition to a primary product from the same fish.

P ............. Primary. Product made from each fish with the highest recovery rate.

R ............ Reprocessed. Product that results from processing a previously reported product.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31295

TABLE 2 TO PART 679—SPECIES CODES

Code Species

110 ........... Pacific cod.

120 ........... Miscellaneous flatfish (all flatfish without separate codes).

121 ........... Arrowtooth flounder and/or Kamchatka flounder.

122 ........... Flathead sole.

123 ........... Rock sole.

124 ........... Dover sole.

125 ........... Rex sole.

126 ........... Butter sole.

127 ........... Yellowfin sole.

128 ........... English sole.

129 ........... Starry flounder.

131 ........... Petrale sole.

132 ........... Sand sole.

133 ........... Alaska Plaice flounder.

134 ........... Greenland turbot.

135 ........... Greenstripe rockfish.

136 ........... Northern rockfish.

137 ........... Bocaccio rockfish.

138 ........... Copper rockfish.

141 ........... Pacific ocean perch (S. alutus only).

142 ........... Black rockfish.

143 ........... Thornyhead rockfish (all Sebastolobus species).

145 ........... Yelloweye rockfish.

146 ........... Canary rockfish.

147 ........... Quillback rockfish.

148 ........... Tiger rockfish.

149 ........... China rockfish.

150 ........... Rosethorn rockfish.

151 ........... Rougheye rockfish.

152 ........... Shortraker rockfish.

153 ........... Redbanded rockfish.

154 ........... Dusky rockfish.

155 ........... Yellowtail rockfish.

156 ........... Widow rockfish.

157 ........... Silvergray rockfish.

158 ........... Redstripe rockfish.

159 ........... Darkblotched rockfish.

160 ........... Sculpins.

166 ........... Sharpchin rockfish.

167 ........... Blue rockfish.

175 ........... Yellowmouth rockfish.

176 ........... Harlequin rockfish.

177 ........... Blackgill rockfish.

178 ........... Chilipepper rockfish.

179 ........... Pygmy rockfish.

181 ........... Shortbelly rockfish.

182 ........... Splitnose rockfish.

183 ........... Stripetail rockfish.

184 ........... Vermilion rockfish.

185 ........... Aurora rockfish.

193 ........... Atka mackerel.

270 ........... Pollock.

510 ........... Smelt.

511 ........... Eulachon.

516 ........... Capelin.

689 ........... Sharks.

700 ........... Skates.

710 ........... Sablefish.

870 ........... Octopus.

875 ........... Squid.

888 ........... Mixed species tote (for use on Product Transfer Report only).
31296 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 2 TO PART 679—SPECIES CODES—Continued

Code Species

GROUP CODES. These group codes may be used if individual species cannot be identified.

144 ........... Slope rockfish (aurora, blackgill, Bocaccio, redstripe, silvergray, chilipepper, darkblotched, greenstriped, harlequin, pygmy,

shortbelly, splitnose, stripetail, vermillion, yellowmouth, sharpchin).

168 ........... Demersal shelf rockfish (china, copper, quillback, rosethorn, tiger, yelloweye, canary).

169 ........... Pelagic shelf rockfish (blue, dusky, yellowtail, widow).

171 ........... Shortraker/rougheye rockfish.

PROHIBITED SPECIES CODES

000 ........... Unspecified salmon.

200 ........... Pacific halibut.

235 ........... Pacific herring.

410 ........... Salmon, Chinook.

420 ........... Salmon, Sockeye.

430 ........... Salmon, Coho.

440 ........... Salmon, Pink.

450 ........... Salmon, Chum.

540 ........... Steelhead trout.

920 ........... Unspecified king crab.

921 ........... Red king crab.

922 ........... Blue king crab.

923 ........... Gold/brown king crab.

930 ........... Unspecified tanner crab.

931 ........... Bairdi tanner crab.

932 ........... Opilio tanner crab.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31297

TABLE 3 TO PART 679—PRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES

FMP SPECIES

SPECIES

CODE

PRODUCT CODE

WHOLE

FOOD

FISH

WHOLE

BAIT

FISH

BLED GUTTED

H&G

WITH

ROE

H&G

WESTERN

CUT

H&G

EASTERN

CUT

H&G

W/O

TAIL

KIRIMI

SALTED &

SPLIT

WINGS ROE

1 2 3 4 6 7 8 10 11 12 13 14

PACIFIC COD 110 1.00 1.00 0.98 0.85 0.63 0.57 0.47 0.44 ............ 0.45 ............ 0.05

ARROWTOOTH

FLOUNDER 121 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

ROCKFISH 1 ..... ............ 1.00 1.00 0.98 0.88 ............ 0.60 0.50 ............ ............ ............ ............ ............

SCULPINS ....... 160 1.00 1.00 0.98 0.87 ............ 0.50 0.40 ............ ............ ............ ............ ............

ATKA MACKEREL ............ 193 1.00 1.00 0.98 0.87 0.67 0.64 0.61 ............ ............ ............ ............ ............

POLLOCK ........ 270 1.00 1.00 0.98 0.80 0.70 0.65 0.56 0.50 ............ ............ ............ 0.04

SMELTS ........... 510 1.00 1.00 0.98 0.82 ............ 0.71 ............ ............ ............ ............ ............ ............

EULACHON ..... 511 1.00 1.00 0.98 0.82 ............ 0.71 ............ ............ ............ ............ ............ ............

CAPELIN .......... 516 1.00 1.00 0.98 0.89 ............ 0.78 ............ ............ ............ ............ ............ ............

SHARKS .......... 689 1.00 1.00 0.98 0.83 ............ 0.72 ............ ............ ............ ............ ............ ............

SKATES ........... 700 1.00 1.00 0.98 0.90 ............ ............ 0.32 ............ ............ ............ 0.32 ............

SABLEFISH ..... 710 1.00 1.00 0.98 0.89 ............ 0.68 0.63 0.50 ............ ............ ............ ............

OCTOPUS ....... 870 1.00 1.00 0.98 0.69 ............ ............ ............ ............ ............ ............ ............ ............

Target species

categories

GOA only:

DEEP

WATER

FLATFISH ...... 118 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

FLATHEAD

SOLE ..... 122 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

REX SOLE 125 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

SHALLOW

WATER

FLATFISH ...... 119 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

THORNYHEAD

ROCKFISH ...... 143 1.00 1.00 0.98 0.88 0.55 0.60 0.50 ............ ............ ............ ............ ............

Target species

categories

BSAI only:

OTHER

FLATFISH ...... 120 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

ROCK

SOLE ..... 123 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

YELLOWFIN

SOLE ..... 127 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

GREENLAND

TURBOT 134 1.00 1.00 0.98 0.90 0.80 0.72 0.65 0.62 0.48 ............ ............ 0.08

SQUID ....... 875 1.00 1.00 0.98 0.69 ............ ............ ............ ............ ............ ............ ............ ............

1 Rockfish means all species of Sebastes and Sebastolobus.
31298 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 3 TO

PART 679—PRODUCT

RECOVERY

RATES FOR

GROUNDFISH

SPECIES—Continued

FMP SPECIES

SPECIES

CODE

PRODUCT CODE

PECTORAL

GIRDLE HEADS CHEEKS CHINS BELLY

FILLETS

W/

SKIN &

RIBS

FILLETS

SKIN

ON NO

RIBS

FILLETS

W/

RIBS

NO

SKIN

FILLETS

SKINLESS/

BONELESS

FILLETS

DEEP

SKIN

SURIMI MINCE MEAL

15 16 17 18 19 20 21 22 23 24 30 31 32

PACIFIC COD ................................................. 110 0.05 ............ 0.05 ............ 0.01 0.45 0.35 0.25 0.25 ............ 0.15 0.5 0.17ARROWTOOTH FLOUNDER ......................... 121 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17ROCKFISH ...................................................... ............ ............ 0.15 0.05 0.05 0.10 0.40 0.30 0.33 0.25 ............ ............ ............ 0.17SCULPINS ...................................................... 160 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ ............ ............ 0.17ATKA MACKEREL .......................................... 193 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ 0.15 ............ 0.17POLLOCK ....................................................... 270 ............ 0.15 .............. ............ ............ 0.35 0.30 0.30 0.21 0.16 2 0.16

3 0.17

0.22 0.17

SMELTS .......................................................... 510 ............ ............ .............. ............ ............ ............ 0.38 ............ ................... ............ ............ ............ 0.22EULACHON .................................................... 511 ............ ............ .............. ............ ............ ............ 0.38 ............ ................... ............ ............ ............ 0.22CAPELIN ......................................................... 516 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ ............ ............ 0.22SHARKS .......................................................... 689 ............ ............ .............. ............ ............ ............ 0.30 0.30 0.25 ............ ............ ............ 0.17SKATES .......................................................... 700 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ ............ ............ 0.17SABLEFISH ..................................................... 710 ............ ............ 0.05 ............ ............ 0.35 0.30 0.30 0.25 ............ ............ ............ 0.22OCTOPUS ....................................................... 870 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ ............ ............ 0.17Target species categories at GOA only:

DEEP WATER FLATFISH ....................... 118 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17FLATHEAD SOLE .................................... 122 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17REX SOLE ............................................... 125 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17SHALLOW WATER FLATFISH ............... 119 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17THORNYHEAD ROCKFISH .................... 143 ............ 0.20 0.05 0.05 0.05 0.40 0.30 0.35 0.25 ............ ............ ............ 0.17

Target species categories at BSIA only:

OTHER FLATFISH .................................. 120 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17ROCK SOLE ............................................ 123 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17YELLOWFIN SOLE .................................. 127 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ 0.18 ............ 0.17GREENLAND TURBOT ........................... 134 ............ ............ .............. ............ ............ 0.32 0.27 0.27 0.22 ............ ............ ............ 0.17SQUID ...................................................... 875 ............ ............ .............. ............ ............ ............ ............ ............ ................... ............ ............ ............ 0.17

2Standard pollock surimi rate during January through June.3Standard pollock surimi rate during July through December.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31299

TABLE 3 TO PART 679—PRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES—Continued

FMP SPECIES

SPECIES

CODE

PRODUCT CODE

OIL MILT STOMACHS

MANTLES

BUTTERFLY

BACKBONE

REMOVED

DECOMPOSED

FISH

DISCARDS

33 34 35 36 37 96 92, 94,

98, 99,

M99

PACIFIC COD ................................................................................. 110 ............ ............ ............ ............ 0.43 0.00 1.00

ARROWTOOTH FLOUNDER ......................................................... 121 ............ ............ ............ ............ ............. 0.00 1.00

ROCKFISH ...................................................................................... ............ ............ ............ ............ ............ ............. 0.00 1.00

SCULPINS ...................................................................................... 160 ............ ............ ............ ............ ............. 0.00 1.00

ATKA MACKEREL .......................................................................... 193 ............ ............ ............ ............ ............. 0.00 1.00

POLLOCK ....................................................................................... 270 ............ ............ ............ ............ 0.43 0.00 1.00

SMELTS .......................................................................................... 510 ............ ............ ............ ............ ............. 0.00 1.00

EULACHON .................................................................................... 511 ............ ............ ............ ............ ............. 0.00 1.00

CAPELIN ......................................................................................... 516 ............ ............ ............ ............ ............. 0.00 1.00

SHARKS .......................................................................................... 689 ............ ............ ............ ............ ............. 0.00 1.00

SKATES .......................................................................................... 700 ............ ............ ............ ............ ............. 0.00 1.00

SABLEFISH ..................................................................................... 710 ............ ............ ............ ............ ............. 0.00 1.00

OCTOPUS ....................................................................................... 870 ............ ............ ............ 0.85 1.00 0.00 1.00

Target species categories at GOA only:

DEEP WATER FLATFISH ....................................................... 118 ............ ............ ............ ............ ............. 0.00 1.00

FLATHEAD SOLE .................................................................... 122 ............ ............ ............ ............ ............. 0.00 1.00

REX SOLE ............................................................................... 125 ............ ............ ............ ............ ............. 0.00 1.00

SHALLOW WATER FLATFISH ............................................... 119 ............ ............ ............ ............ ............. 0.00 1.00

THORNYHEAD ROCKFISH .................................................... 143 ............ ............ ............ ............ ............. 0.00 1.00

Target species categories at BSAI only:

OTHER FLATFISH .................................................................. 120 ............ ............ ............ ............ ............. 0.00 1.00

ROCK SOLE ............................................................................ 123 ............ ............ ............ ............ ............. 0.00 1.00

YELLOWFIN SOLE .................................................................. 127 ............ ............ ............ ............ ............. 0.00 1.00

GREENLAND TURBOT ........................................................... 134 ............ ............ ............ ............ ............. 0.00 1.00

SQUID ...................................................................................... 875 ............ ............ ............ 0.75 1.00 0.00 1.00
31300 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 4 TO PART 679—BERING SEA SUBAREA STELLER SEA LION PROTECTION AREAS

Island

From To

Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title

a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Sea Lion Rocks ................................................................................................ 55°28.0′ N 163°12.0′ W

Ugamak Island .................................................................................................. 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W

Akun Island ....................................................................................................... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W

Akutan Island .................................................................................................... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W

Bogoslof Island ................................................................................................. 53°56.0′ N 168°02.0′ W

Ogchul Island .................................................................................................... 53°00.0′ N 168°24.0′ W

Adugak Island ................................................................................................... 52°55.0′ N 169°10.5′ W

Walrus Island .................................................................................................... 57°11.0′ N 169°56.0′ W

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679, Trawling

Prohibited Within 20 nm).

Sea Lion Rocks ................................................................................................ 55°28.0′ N 163°12.0′ W

Akun Island ....................................................................................................... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W

Akutan Island .................................................................................................... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W

Ugamak Island .................................................................................................. 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W

Seguam Island .................................................................................................. 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W

Agligadak Island ............................................................................................... 52°06.5′ N 172°54.0′ W

Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean

lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire

shoreline of the island at mean lower low water.

TABLE 5 TO PART 679—ALEUTIAN ISLANDS SUBAREA STELLER SEA LION PROTECTION AREAS

Island

From To

Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title

a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Yunaska Island ................................................................................................. 52°42.0′ N 170°38.5′ W 52°41.0′ N 170°34.5′ W

Seguam Island .................................................................................................. 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W

Agligadak Island ............................................................................................... 52°06.5′ N 172°54.0′ W

Kasatochi Island ............................................................................................... 52°10.0′ N 175°31.0′ W 52°10.5′ N 175°29.0′ W

Adak Island ....................................................................................................... 51°36.5′ N 176°59.0′ W 51°38.0′ N 176°59.5′ W

Gramp Rock ..................................................................................................... 51°29.0′ N 178°20.5′ W

Tag Island ......................................................................................................... 51°33.5′ N 178°34.5′ W

Ulak Island ........................................................................................................ 51°20.0′ N 178°57.0′ W 51°18.5′ N 178°59.5′ W

Semisopochnoi ................................................................................................. 51°58.5′ N 179°45.5′ E 51°57.0′ N 179°46.0′ E

Semisopochnoi ................................................................................................. 52°01.5′ N 179°37.5′ E 52°01.5′ N 179°39.0′ E

Amchitka Island ................................................................................................ 51°22.5′ N 179°28.0′ E 51°21.5′ N 179°25.0′ E

Amchitka Is./Column Rocks ............................................................................. 51°32.5′ N 178°49.5′ E

Ayugadak Point ................................................................................................ 51°45.5′ N 178°24.5′ E

Kiska Island ...................................................................................................... 51°57.5′ N 177°21.0′ E 51°56.5′ N 177°20.0′ E

Kiska Island ...................................................................................................... 51°52.5′ N 177°13.0′ E 51°53.5′ N 177°12.0′ E

Buldir Island ...................................................................................................... 52°20.5′ N 175°57.0′ E 52°23.5′ N 175°51.0′ E

Agattu Is./Gillion Pt ........................................................................................... 52°24.0′ N 173°21.5′ E

Agattu Island ..................................................................................................... 52°23.5′ N 173°43.5′ W 52°22.0′ N 173°41.0′ E

Attu Island ......................................................................................................... 52°54.5′ N 172°28.5′ W 52°57.5′ N 172°31.5′ E

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling

Prohibited Within 20 nm).

Seguam Island .................................................................................................. 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W

Agligadak Island ............................................................................................... 52°06.5′ N 172°54.0′ W

Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water,

to the second set of coordinates; if only one set of geograhic coordinates is listed, the rookery extends around the entire shoreline of the island

at mean lower low water.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31301

TABLE 6 TO PART 679—GULF OF ALASKA STELLER SEA LION PROTECTION AREAS

Island

From To

Latitude Longitude Latitude Longitude

3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title

a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).

Outer Island ...................................................................................................... 59°20.5′ N 150°23.0′ W 59°21.0′ N 150°24.5′ W

Sugarloaf Island ................................................................................................ 58°53.0′ N 152°02.0′ W

Marmot Island ................................................................................................... 58°14.5′ N 151°47.5′ W 58°10.0′ N 151°51.0′ W

Chirikof Island ................................................................................................... 55°46.5′ N 155°39.5′ W 55°46.5′ W 155°43.0′ W

Chowiet Island .................................................................................................. 56°00.5′ N 156°41.5′ W 56°00.5′ N 156°42.0′ W

Atkins Island ..................................................................................................... 55°03.5′ N 159°18.5′ W

Chernabura Island ............................................................................................ 54°47.5′ N 159°31.0′ W 54°45.5′ N 159°33.5′ W

Pinnacle Rock ................................................................................................... 54°46.0′ N 161°46.0′ W

Clubbing Rocks-N ............................................................................................. 54°43.0′ N 162°26.5′ W

Clubbing Rocks-S ............................................................................................. 54°42.0′ N 162°26.5′ W

Ugamak Island .................................................................................................. 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W

Akun Island ....................................................................................................... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W

Akutan Island .................................................................................................... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W

Ogchul Island .................................................................................................... 53°00.0′ N 168°24.0′ W

b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling

Prohibited Within 20 nm).

Akun I. .............................................................................................................. 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W

Akutan I. ........................................................................................................... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W

Ugamak I. ......................................................................................................... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W

Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean

lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire

shoreline of the island at mean lower low water.
31302 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 7 TO PART 679—COMMUNITIES

DETERMINED TO BE ELIGIBLE TO

APPLY FOR COMMUNITY DEVELOPMENT QUOTAS

[Other communities may also be eligible, but

do not appear on this table.]

Aleutian Region:

1. Atka

2. False Pass

3. Nelson Lagoon

4. Nikolski

5. St. George

6. St. Paul

Bering Strait:

1. Brevig Mission

2. Diomede/Inalik

3. Elim

4. Gambell

5. Golovin

6. Koyuk

7. Nome

8. Savoonga

9. Shaktoolik

10. St. Michael

11. Stebbins

12. Teller

13. Unalakleet

14. Wales

15. White Mountain

Bristol Bay:

1. Alegnagik

2. Clark’s Point

TABLE 7 TO PART 679—COMMUNITIES

DETERMINED TO BE ELIGIBLE TO

APPLY FOR COMMUNITY DEVELOPMENT QUOTAS—Continued

[Other communities may also be eligible, but

do not appear on this table.]

3. Dillingham

4. Egegik

5. Ekuk

6. Manokotak

7. Naknek

8. Pilot Point/Ugashi

9. Port Heiden/Meschick

10. South Naknek

11. Sovonoski/King Salmon

12. Togiak

13. Twin Hills

Southwest Coastal Lowlands:

1. Alakanuk

2. Chefornak

3. Chevak

4. Eek

5. Emmonak

6. Goodnews Bay

7. Hooper Bay

8. Kipnuk

9. Kongiganak

10. Kotlik

11. Kwigilingok

12. Mekoryuk

13. Newtok

14. Nightmute

TABLE 7 TO PART 679—COMMUNITIES

DETERMINED TO BE ELIGIBLE TO

APPLY FOR COMMUNITY DEVELOPMENT QUOTAS—Continued

[Other communities may also be eligible, but

do not appear on this table.]

15. Platinum

16. Quinhagak

17. Scammon Bay

18. Sheldon’s Point

19. Toksook Bay

20. Tununak

21. Tuntutuliak

TABLE 8 TO PART 679—Harvest Zone

Codes for Use with Product Transfer Reports and Vessel Activity Reports

Harvest

zone Description

A .......... EEZ off Alaska.

D .......... Donut Hole.

F .......... Foreign Waters Other than Russia.

I ........... International Waters other than

Donut Hole and Seamounts.

R .......... Russian waters.

S .......... Seamounts in International waters.

U .......... U.S. EEZ other than Alaska.

TABLE 9 TO PART 679—REQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH

FISHERIES

Name of logbook/Form Catcher-vessel Cather-processor Mothership Shoreside

processor Buying station

Daily Fishing Logbook (DFL) ................................................ Yes No No No No

Daily Cumulative Production Logbook (DCPL) .................... No Yes Yes Yes No

Daily Cumulative Logbook (DCL) ......................................... No No No No Yes

Check-in/Check-out Report .................................................. No Yes Yes Yes Yes

U.S. Vessel Activity Report (VAR) ....................................... Yes Yes Yes No No

Weekly Production Report (WPR) ........................................ No Yes Yes Yes No

Daily Production Report (DPR)* ........................................... No Yes Yes Yes No

Product Transfer Report (PTR) ............................................ No Yes Yes Yes No

* When required by Regional Director.
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31303

TABLE 10 TO PART 679—GULF OF ALASKA RETAINABLE PERCENTAGES

Basis species 1 Bycatch species 1

Pollock Pacific

Cod

Deep

flatfish

Rex

Sole

Flathead

Sole

Shallow

flatfish

Arrowtooth Sablefish

Aggregated

rockfish 2

DSR

SEEO 4

Atka

mackerel

Other

species

Pollock .......................... 3 na 20 20 20 20 20 35 1 5 10 20 20

Pacific cod .................... 20 3 na 20 20 20 20 35 1 5 10 20 20

Deep flatfish .................. 20 20 3 na 20 20 20 35 15 15 1 20 20

Rex sole ........................ 20 20 20 3 na 20 20 35 15 15 1 20 20

Flathead sole ................ 20 20 20 20 3 na 20 35 15 15 1 20 20

Shallow flatfish .............. 20 20 20 20 20 3 na 35 1 5 10 20 20

Arrowtooth ..................... 0 0 0 0 0 0 3 na 0 0 0 0 0

Sablefish ....................... 20 20 20 20 20 20 35 3 na 15 1 20 20

Pacific Ocean perch ..... 20 20 20 20 20 20 35 15 15 1 20 20

Shortraker/rougheye ..... 20 20 20 20 20 20 35 15 15 1 20 20

Other rockfish ............... 20 20 20 20 20 20 35 15 15 1 20 20

Northern rockfish .......... 20 20 20 20 20 20 35 15 15 1 20 20

Pelagic rockfish ............. 20 20 20 20 20 20 35 15 15 1 20 20

DSR-SEEO ................... 20 20 20 20 20 20 35 15 15 3 na 20 20

Thornyhead ................... 20 20 20 20 20 20 35 15 15 1 20 20

Atka mackerel ............... 20 20 20 20 20 20 35 1 5 10 3 na 20

Other species ................ 20 20 20 20 20 20 35 1 5 10 20 3 na

Aggregated amount

non-groundfish species ............................ 20 20 20 20 20 20 35 1 5 10 20 20

1For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.

2Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf

rockfish (DSR) is a separate category. 3 na = not applicable.

4SEEO = Southeast Outside District.
31304 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

TABLE 11 TO PART 679—BERING SEA AND ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES

Basis species 1

Bycatch species 1

Pollock Pacific

cod

Atka

mackerelArrowtooth Yellowfin sole

Other

flatfish Rocksole

Flathead

sole

Greenland

turbot

Sablefish

Aggregated

rockfish 2

Squid

Other

species

Pollock ........ 3 na 20 20 35 20 20 20 20 1 1 5 20 20

Pacific cod 20 3 na 20 35 20 20 20 20 1 1 5 20 20

Atka mackerel .......... 20 20 3 na 35 20 20 20 20 1 1 5 20 20

Arrowtooth 0 0 0 3 na 0 0 0 0 0 0 0 0 0

Yellowfin

sole ......... 20 20 20 35 3 na 35 35 35 1 1 5 20 20

Other flatfish 20 20 20 35 35 3 na 35 35 1 1 5 20 20

Rocksole ..... 20 20 20 35 35 35 3 na 35 1 1 5 20 20

Flathead

sole ......... 20 20 20 35 35 35 35 3 na 35 15 15 20 20

Greenland

turbot ....... 20 20 20 35 20 20 20 20 3 na 15 15 20 20

Sablefish ..... 20 20 20 35 20 20 20 20 35 3 na 15 20 20

Other rockfish .......... 20 20 20 35 20 20 20 20 35 15 15 20 20

Other red

rockfishBS ........... 20 20 20 35 20 20 20 20 35 15 15 20 20

Pacific

Ocean

perch ....... 20 20 20 35 20 20 20 20 35 15 15 20 20

Sharpchin/

NorthernAI ............. 20 20 20 35 20 20 20 20 35 15 15 20 20

Shortraker/

RougheyeAI ............. 20 20 20 35 20 20 20 20 35 15 15 20 20

Squid .......... 20 20 20 35 20 20 20 20 1 1 5 3 na 20

Other species .......... 20 20 20 35 20 20 20 20 1 1 5 20 3 na

Aggregated

amount

nongroundfish

species .... 20 20 20 35 20 20 20 20 1 1 5 20 20

1For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.

2Aggregated rockfish of the genera Sebastes and Sebastolobus.

3 na = not applicable.

[FR Doc. 96–14593 Filed 6–18–96; 8:45 am]

BILLING CODE 3510–22–W