[Federal Register Volume 61, Number 128 (Tuesday, July 2, 1996)]
[Rules and Regulations]
[Pages 34570-34611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16234]



[[Page 34569]]


_______________________________________________________________________

Part III





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



15 CFR Part 902



50 CFR Part 660, et al.



Fisheries off West Coast States and in the Western Pacific; Final Rule

Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules 
and Regulations

[[Page 34570]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 660, 661, 663, 680, 681, 683, and 685

[Docket No. 960614176-6176-01; I.D. 050796A]
RIN 0648-AI18


Fisheries off West Coast States and in the Western Pacific

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is consolidating six CFR parts into one new CFR part. The 
new part contains regulations implementing management measures for 
fisheries operating in the exclusive economic zone (EEZ) off West Coast 
and Western Pacific states. The domestic fisheries for groundfish and 
ocean salmon off the West Coast and for precious corals, crustaceans, 
bottomfish and seamount groundfish, and Pelagics of the Western Pacific 
will be managed under this new part. 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duplicative and outdated provisions, and makes editorial changes for 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. This action 
is part of the President's Regulatory Reinvention Initiative.

EFFECTIVE DATE: These regulations are effective on July 1, 1996, with 
the exception of 50 CFR 660.404 and 660.408, which will become 
effective when OMB has approved collection-of-information requirements 
for those sections and that approval has been published in the Federal 
Register, and 50 CFR 600.53 which will become effective August 4, 1996.

FOR FURTHER INFORMATION CONTACT: Bill Robinson, NMFS, 206-526-6140; Rod 
McInnis, NMFS, 310-980-4030; or Alvin Katekaru, NMFS, 808-973-2985.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, President Clinton issued a directive to Federal 
agencies regarding their responsibilities under his Regulatory 
Reinvention 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 Fishery Management Plans (FMPs) for 
fisheries off West Coast and Western Pacific states.
    Domestic groundfish fisheries in the EEZ off the West Coast are 
managed by NMFS under the Fishery Management Plan for the Washington, 
Oregon, and California Groundfish Fishery (Pacific Coast Groundfish 
Fishery Management Plan), which is implemented by regulations at 50 CFR 
part 663. The ocean salmon fisheries are managed under the Fishery 
Management Plan for Ocean Salmon Fisheries off the Coasts of 
Washington, Oregon, and California, which is implemented by regulations 
at 50 CFR part 661. The Western Pacific precious corals fisheries are 
managed under regulations at 50 CFR part 680, which implement the 
Fishery Management Plan for Precious Coral Fisheries of the Western 
Pacific Region. The lobster fishery of the Northwestern Hawaiian 
Islands (NWHI) is managed under the Fishery Management Plan for 
Crustacean Fisheries of the Western Pacific Region, which is 
implemented by regulations at 50 CFR part 681. The NWHI fisheries for 
bottomfish and seamount groundfish are managed by NMFS through 
regulations at 50 CFR part 683, which implement the Fishery Management 
Plan for Bottomfish and Seamount Groundfish Fisheries of the Western 
Pacific Region. The fisheries for Pacific pelagic species are managed 
under regulations at 50 CFR part 685, which implement the Fishery 
Management Plan for Pelagic Fisheries of the Western Pacific Region. 
General regulations that also pertain to these fisheries appear in 50 
CFR part 600. The Groundfish and Salmon FMPs were prepared by the 
Pacific Fishery Management Council, and the Precious Corals, 
Crustaceans, Bottomfish and Seamount Groundfish, and Pelagics FMPs were 
prepared by the Western Pacific Fishery Management Council, under the 
authority of the Magnuson Fishery Conservation and Management Act. 
Consolidation of Regulations Related to the Domestic Fisheries 
Operating in the EEZ Off West Coast and Western Pacific States Into One 
CFR Part (50 CFR part 660)
    Currently, regulations implementing the six FMPs described above 
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 661, 
663, 680, 681, 683, and 685) and consolidates the regulations contained 
therein into one new part (50 CFR part 660). This consolidated 
regulation provides the public with a single reference source for the 
Federal fisheries regulations specific to the fisheries operating in 
the EEZ off the West Coast (California, Oregon, and Washington) or in 
the Western Pacific (Hawaii, American Samoa, Guam, the Northern Mariana 
Islands, and U.S. island possessions in the Pacific). 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. Many provisions in part 600 also apply to the fisheries 
operating in the EEZ off West Coast and Western Pacific States.

Reorganization of Management Measures Within the Consolidated 
Regulations and Elimination of Obsolete or Duplicative Provisions

    In new part 660, 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 definitions, prohibitions, and requirements that were common to 
the current regulations for all the fisheries, but located in different 
parts, were placed in a general subpart so they would only appear once. 
For provisions common to all Western Pacific fisheries, a separate 
subpart is established. Paragraph headings have been added where 
appropriate 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. For example, obsolete provisions dealing with initial 
issuance of permits under limited entry programs for Western Pacific 
bottomfish, crustacean, and longline fisheries and for West Coast

[[Page 34571]]

groundfish fisheries were removed. In addition, changes to part 661 
(salmon) include correcting the scientific name for steelhead (rainbow 
trout) to Oncorhynchus mykiss, updating escapement goals for 
consistency with revised management procedures of the Pacific Fishery 
Management Council, and removing the appendix by incorporation of 
relevant portions into the numbered sections and deletion of any 
repetitive or unnecessary information.
    Changes to part 663 (Pacific Coast groundfish) include removing the 
appendix of standards and procedures and, instead, referencing 
appropriate sections in the Pacific Coast Groundfish Fishery Management 
Plan, removing obsolete requirements for applications for limited entry 
permits, consolidating definitions in one section that previously were 
scattered throughout part 663, removing those definitions and 
regulations that either appear elsewhere in part 660 or are no longer 
relevant after the appendix was removed, and making technical and 
editorial clarifications.
    A limited entry program was implemented in the Pacific Coast 
groundfish fishery in 1994. The window of time for initial permit 
issuance is over, so the standards and procedures for initial permit 
issuance have been removed from the regulations because they are no 
longer necessary. There are still some appeals from permits denials 
pending before the agency and Federal courts. The regulatory provisions 
that were in effect at the time of permit denial will still be used in 
these proceedings, even though they are being removed from 
codification. There are two extremely limited circumstances in which 
fishermen may obtain new initial permits, but it is highly unlikely 
that anyone will qualify for a permit under these provisions. 
Therefore, the details governing these permits are removed from 
codification. The standards and procedures covering issuance of these 
permits, and the privileges accompanying these permits, are described 
in the FMP, and the relevant sections are cited in these regulations. 
The provisions governing administration and transfer of existing 
permits remain in the codified regulations.
    No substantive changes were made to the regulations by this 
reorganization or by the removal of duplicative and obsolete 
provisions.

Revisions to Paperwork Reduction Act 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 codifies 
many recordkeeping and reporting requirements, 15 CFR 902.1(b) is 
revised to reference correctly the new sections resulting from the 
consolidation.
    This rule also makes a technical correction to the regulations 
establishing a longline fishing prohibited area around Guam. The final 
rule technical amendment published September 13, 1994 (59 FR 46933) 
contained an error, and the correct coordinates have been specified in 
Sec. 660.26(d).
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    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. 533(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 Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    OMB approval for the West Coast Salmon Fisheries PRA collection-of-
information requirements has expired. NMFS is in the process of 
obtaining OMB approval for these requirements. The collection of 
information requirements of 50 CFR 660.404 and 660.408 are suspended 
until such time as OMB approves the collection and notification of the 
approval is published in the Federal Register.
    The following collection-of-information requirements have already 
been approved by OMB for U.S. fishing activities:
    a. Approved under 0648-0204--(1) Southwest Region Federal Fishing 
Permits, estimated at 0.55 hours per permit action; (2) experimental 
fishing permits, estimated at 2 hours per application (Secs. 660.13, 
660.17, and 660.21(k)).
    b. Approved under 0648-0214--Southwest Logbook Family of Forms: (1) 
Catch-and-effort logbooks, estimated at 5 minutes per response; (2) 
pre-trip notifications, estimated at 5 minutes per notice; (3) post-
landing notices, estimated at 5 minutes per response; (4) observer 
placement meetings, estimated at 1 hour per response; (5) protected 
species interaction reports, estimated at 3 minutes per response; (6) 
pre-landing notices, estimated at 5 minutes per response; (7) 
experimental fishing reports, estimated at 4 hours per report; (8) 
report on gear left at sea, estimated at 5 minutes per response; (9) 
sales and transshipment reports, estimated at 5 minutes per response; 
(10) precious corals sales report, estimated at 15 minutes per 
response; (11) pelagics transshipment logbooks, estimated at 5 minutes 
per response; (12) claims for reimbursement for lost fishing time, 
estimated at 4 hours per response; and (13) request for pelagics area 
closure exemption, estimated at 1 hour per response (Secs. 660.14, 
660.23, 660.24, 660.28, 660.43, and 660.48).
    c. Approved under 0648-0203--Northwest Federal Fisheries Permits: 
(1) Experimental fishing permits, estimated at 32 minutes per response; 
(2) limited entry permits, estimated at 20 minutes per response; and 
(3) at-sea processing permits, estimated at 20 minutes per response 
(Sec. 660.333).
    d. Approved under 0648-0243--Survey of intent and capacity to 
harvest and process fish and shellfish, estimated at 5 minutes per 
response (Sec. 660.323).
    e. Approved under 0648-0271--Northwest Region Logbook Family of 
Forms: (1) Weekly production report, estimated at 30 minutes per 
response; (2) transfer logs, estimated at 15 minutes per response; (3) 
cumulative production logs, estimated at 13-26 minutes per response, 
depending on the type of fishing operation; and (4) start/stop reports, 
estimated at 5 minutes per response (Sec. 660.305).
    f. Approved under 0648-0305--Gear identification requirements, 
estimated at 30 minutes per response (Secs. 660.24, 660.48, and 
660.322).
    g. Approved under 0648-0306--Vessel identification requirements, 
estimated at 35 minutes per response (Secs. 660.16 and 660.305).
    h. Approved under 0648-0307--Arrangements for placing and adjusting 
vessel monitoring system units,

[[Page 34572]]

estimated at 1 hour per response (Sec. 660.25).
    Because this rule makes only nonsubstantive changes to existing 
regulations, no useful purpose would be served by providing advance 
notice and opportunity for public comment. Accordingly, the Assistant 
Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B), for good 
cause finds that providing notice and opportunity for public comment 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).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 661

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements.

50 CFR Part 663

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Part 680

    Fisheries, Fishing, Reporting and recordkeeping requirements.

50 CFR Part 681

    Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 681

    Administrative practice and procedure, Fisheries, Reporting and 
recordkeeping requirements.

50 CFR Part 685

    American Samoa, Fisheries, Fishing, Guam, Hawaiian Natives, 
Northern Mariana Islands, Reporting and recordkeeping requirements.

    Dated: June 20, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 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 Sec. 902.1, paragraph (b) the table, in the entries for 50 
CFR in the left column, in numerical order, the following entries and 
corresponding OMB Numbers are removed: ``680.4'', ``680.5'', ``680.6'', 
``680.10'', ``681.4'', ``681.5'', ``681.6'', ``681.10'', ``681.24'', 
``681.25'', ``681.30'', ``683.4'', ``683.9'', ``683.21'', ``683.25'', 
``683.27'', ``683.29'', ``685.4'', ``685.9'', ``685.10'', ``685.11'', 
``685.12'', ``685.13'', ``685.14'', ``685.15'', ``685.16'', and 
``685.24''. The following new entries are added to the table:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                             Current OMB
                                                               control  
   CFR part or section where the information collection      number (all
                  requirement is located                       numbers  
                                                             begin with 
                                                               0648-)   
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
50 CFR                                                                  
                                                                        
                  *        *        *        *        *                 
Sec.  660.13..............................................         -0204
Sec.  660.14..............................................         -0214
Sec.  660.16..............................................         -0306
Sec.  660.17..............................................         -0204
Sec.  660.21(k)...........................................         -0204
Sec.  660.23..............................................         -0214
Sec.  660.24..............................................         -0305
Sec.  660.25..............................................         -0307
Sec.  660.27..............................................         -0214
Sec.  660.28..............................................         -0214
Sec.  660.43..............................................         -0214
Sec.  660.48..............................................     \1\ -0214
Sec.  660.303.............................................         -0271
Sec.  660.305.............................................         -0306
Sec.  660.322.............................................         -0305
Sec.  660.323.............................................         -0243
Sec.  660.333.............................................        -0203 
------------------------------------------------------------------------
\1\ And -0305.                                                          

* * * * *

50 CFR CHAPTER VI

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    3. Part 660 is added to read as follows:

PART 660--FISHERIES OFF WEST COAST AND WESTERN PACIFIC STATES

Subpart A--General

Sec.
660.1  Purpose and scope.
660.2  Relation to other laws.
660.3  Reporting and recordkeeping.

Subpart B--Western Pacific Fisheries--General

660.11  Purpose and scope.
660.12  Definitions.
660.13  Permits and fees.
660.14  Reporting and recordkeeping.
660.15  Prohibitions.
660.16  Vessel identification.
660.17  Experimental fishing.

Subpart C--Western Pacific Pelagic Fisheries

660.21  Permits.
660.22  Prohibitions.
660.23  Notifications.
660.24  Gear identification.
660.25  Vessel monitoring system.
660.26  Longline fishing prohibited area management.
660.27  Exemptions for longline fishing prohibited areas; 
procedures.
660.28  Conditions for at-sea observer coverage.
660.29  Port privileges and transiting for unpermitted U.S. longline 
vessels.
660.30  Prohibition of drift gillnetting.
660.31  Framework adjustments to management measures.

Subpart D--Western Pacific Crustacean Fisheries

660.41  Permits.
660.42  Prohibitions.
660.43  Notifications.
660.44  Lobster size and condition restrictions.
660.45  Closed seasons.
660.46  Closed areas.
660.47  Gear identification.
660.48  Gear restrictions.
660.49  At-sea observer coverage.
660.50  Harvest limitation program.
660.51  Monk seal protective measures.
660.52  Monk seal emergency protective measures.
660.53  Framework procedures.
660.54  Five-year review.

Subpart E--Bottomfish And Seamount Groundfish Fisheries

660.61  Permits.
660.62  Prohibitions.
660.63  Notification.
660.64  Gear restrictions.
660.65  At-sea observer coverage.
660.66  Protected species conservation.
660.67  Framework for regulatory adjustments.
660.68  Fishing moratorium on Hancock Seamount.
660.69  Management Subareas.

Subpart F--Precious Corals Fisheries

660.81  Permits.
660.82  Prohibitions.
660.83  Seasons.
660.84  Quotas.
660.85  Closures.
660.86  Size restrictions.
660.87  Area restrictions.
660.88  Gear restrictions.

Subpart G--West Coast Groundfish

660.301  Purpose and scope.
660.302  Definitions.
660.303  Reporting and recordkeeping.
660.304  Management areas.
660.305  Vessel identification.
660.306  Prohibitions.
660.321  Specifications and management measures.
660.322  Gear restrictions.
660.323  Catch restrictions.
660.324  Pacific Coast treaty Indian fisheries.
660.331  Limited entry and open access fisheries--general.

[[Page 34573]]

660.332  Allocations.
660.333  Limited entry fishery.
660.334  Limited entry permits--``A'' endorsement.
660.335  Limited entry permits--``Provisional A'' endorsement.
660.336  Limited entry permits--``B'' endorsement.
660.337  Limited entry permits--``designated species B'' 
endorsement.
660.338  Limited entry permits--new permits.
660.339  Limited entry permit fees.
660.340  Limited entry permit appeals.
660.341  Limited entry permit sanctions.

Subpart H--West Coast Salmon Fisheries

660.401  Purpose and scope.
660.402  Definitions.
660.403  Relation to other laws.
660.404  Recordkeeping and reporting.
660.405  Prohibitions.
660.406  Exempted fishing.
660.407  Treaty Indian fishing.
660.408  Annual actions.
660.409  Inseason actions.
660.410  Escapement goals.
660.411  Notification and publication procedures.
Tables--Part 660
Table 1 to Part 660--Quotas for Precious Corals Permit Areas
Table 2 to Part 660--Vessel Capacity Ratings for West Coast 
Groundfish Limited Entry Permits
Figures--Part 660
Figure 1 to Part 660--Carapace Length of Lobsters
Figure 2 to Part 660--Length of a Longline Vessel
Figure 3 to Part 660--Dressed, Head-off Length of Salmon
    Authority: 16 U.S.C. 1801 et. seq.

Subpart A--General


Sec. 660.1  Purpose and scope.

    (a) The regulations in this part govern fishing for Western Pacific 
and West Coast fishery management unit species by vessels of the United 
States that operate or are based inside the outer boundary of the EEZ 
off Western Pacific and West Coast States.
    (b) General regulations governing fishing by all vessels of the 
United States and by fishing vessels other than vessels of the United 
States are contained in part 600 of this chapter.


Sec. 660.2  Relation to other laws.

    NMFS recognizes that any state law pertaining to vessels registered 
under the laws of that state while operating in the fisheries regulated 
under this part, and that is consistent with this part and the FMPs 
implemented by this part, shall continue in effect with respect to 
fishing activities regulated under this part.


Sec. 660.3  Reporting and recordkeeping.

    Except for fisheries subject to subparts D and F of this part, any 
person who is required to do so by applicable state law or regulation 
must make and/or file all reports of management unit species landings 
containing all data and in the exact manner required by applicable 
state law or regulation.

Subpart B--Western Pacific Fisheries--General


Sec. 660.11  Purpose and scope.

    (a) This subpart contains regulations that are common to all 
Western Pacific fisheries managed under fishery management plans 
prepared by the Western Pacific Fishery Management Council under the 
Magnuson Act.
    (b) Regulations specific to individual fisheries are included in 
subparts C, D, E, and F of this part.


Sec. 660.12  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, the terms used in subparts B through F of 
this part have the following meanings:
    Bottomfish FMP means the Fishery Management Plan for Bottomfish and 
Seamount Groundfish of the Western Pacific Region.
    Bottomfish management area means the areas designated in 
Sec. 660.69.
    Bottomfish management unit species means the following fish:

------------------------------------------------------------------------
           Common name                Local name        Scientific name 
------------------------------------------------------------------------
Snappers:                                                               
    Silver jaw jobfish..........  Lehi (H); palu-     Aphareus rutilans.
                                   gustusilvia (S).                     
    Gray jobfish................  Uku (H); asoama     Aprion virescens. 
                                   (S).                                 
    Squirrelfish snapper........  Ehu (H); palu-      Etelis            
                                   malau (S).          carbunculus.     
    Longtail snapper............  Onaga, ula'T1ula    Etelis coruscans. 
                                   (H); palu-loa (S).                   
    Blue stripe snapper.........  Ta'ape (H); savane  Lutjanus kasmira. 
                                   (S); funai (G).                      
    Yellowtail snapper..........  Palu-i' lusama      Pristipomoides    
                                   (S); yellowtail     auricilla.       
                                   kalekale.                            
    Pink snapper................  Opakapaka (H);      Pristipomoides.   
                                   palu-'Tlena'lena                     
                                   (S); gadao (G).                      
    Yelloweye snapper...........  Palusina (S);       Pristipomoides    
                                   yelloweye           flavipinnis.     
                                   opakapaka.                           
    Snapper.....................  Kalekale (H)......  Pristipomoides    
                                                       sieboldii.       
    Snapper.....................  Gindai (H,G); palu- Pristipomoides    
                                   sega (S).           zonatus.         
Jacks:                                                                  
    Giant trevally..............  White ulua (H);     Caranx ignoblis.  
                                   tarakito (G);                        
                                   sapo-anae (S).                       
    Black jack..................  Black ulua (H);     Caranx lugubris.  
                                   tarakito (G);                        
                                   tafauli (S).                         
    Thick lipped trevally.......  Pig ulua (H);       Pseudocaranx      
                                   butaguchi (H).      dentex.          
    Amberjack...................  Kahala (H)........  Seriola dumerili. 
Groupers:                                                               
    Blacktip grouper............  Fausi (S); gadau    Epinephelus       
                                   (G).                fasciatus.       
    Sea bass....................  Hapu' 1upu'u (H)..  Epinephelus       
                                                       quernus.         
    Lunartail grouper...........  Papa (S)..........  Variola louti.    
Emperor fishes:                                                         
    Ambon emperor...............  Filoa-gutumumu (S)  Lethrinus         
                                                       amboinensis.     
    Redgill emperor.............  Filoa-pa'lo'omumu   Lethrinus         
                                   (S); mafuti (G).    rubrioperculatus.
------------------------------------------------------------------------
Notes: G--Guam; H--Hawaii; S--American Samoa.                           

    Carapace length means a measurement in a straight line from the 
ridge between the two largest spines above the eyes, back to the rear 
edge of the carapace of a spiny lobster (see Figure 1 of this part).
    Commercial fishing, as used in subpart D of this part, means 
fishing with the intent to sell all or part of the catch of lobsters. 
All lobster fishing in Crustaceans Permit Area 1 is considered 
commercial fishing.
    Council means the Western Pacific Fishery Management Council.
    Crustaceans FMP means the Fishery Management Plan for Crustacean 
Fisheries of the Western Pacific Region.

[[Page 34574]]

    Crustaceans management area means the combined portions of the EEZ 
encompassed by Crustaceans Permit Areas 1, 2, and 3.
    Crustaceans management unit species means spiny lobster (Panulirus 
marginatus or Panulirus penicillatus), slipper lobster (family 
Scyllaridae), and Kona crab (Ranina ranina).
    Crustaceans Permit Area 1 (Permit Area 1) means the EEZ off the 
Northwestern Hawaiian Islands.
    Crustaceans Permit Area 2 (Permit Area 2) means the EEZ off the 
main Hawaiian Islands.
    Crustaceans Permit Area 3 (Permit Area 3) means the EEZ of the 
Territory of Guam and the EEZ of the Territory of American Samoa.
    Crustaceans receiving vessel means a vessel of the United States to 
which lobster taken in Permit Area 1 are transferred from another 
vessel.
    Dead coral means any precious coral that contains holes from borers 
or is discolored or encrusted at the time of removal from the seabed.
    EFP means an experimental fishing permit.
    First level buyer means:
    (1) The first person who purchases, with the intention to resell, 
management unit species, or portions thereof, that were harvested by a 
vessel that holds a permit or is otherwise regulated under subpart D of 
this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving management unit species 
(such as the services provided by a wholesale auction facility).
    Fish dealer means any person who:
    (1) Obtains, with the intention to resell, Pacific pelagic 
management unit species, or portions thereof, that were harvested or 
received by a vessel that holds a permit or is otherwise regulated 
under subpart E of this part; or
    (2) Provides recordkeeping, purchase, or sales assistance in 
obtaining or selling such management unit species (such as the services 
provided by a wholesale auction facility).
    Fisheries Management Division (FMD) means the Chief, Fisheries 
Management Division, Southwest Regional Office, NMFS, or a designee. 
See Table 1 to Sec. 600.502 for the address of the Regional Office.
    Fishing gear, as used in subpart D of this part, includes:
    (1) Bottom trawl, which means a trawl in which the otter boards or 
the footrope of the net are in contact with the sea bed.
    (2) Gillnet, (see Sec. 600.10).
    (3) Hook-and-line, which means one or more hooks attached to one or 
more lines.
    (4) Set net, which means a stationary, buoyed, and anchored gill 
net.
    (5) Trawl, (see Sec. 600.10).
    Fishing trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel lands fish.
    Fishing year means the year beginning at 0001 local time on January 
1 and ending at 2400 local time on December 31.
    Harvest guideline means a specified numerical harvest objective.
    Hawaii longline limited access permit means the permit required by 
Sec. 660.21 to use a vessel to fish for Pacific pelagic management unit 
species with longline gear in the EEZ around Hawaii or to land or 
transship longline-caught Pacific pelagic management unit species 
shoreward of the outer boundary of the EEZ around Hawaii.
    Incidental catch or incidental species means species caught while 
fishing for the primary purpose of catching a different species.
    Interested parties means the State of Hawaii Department of Land and 
Natural Resources, the Council, holders of permits issued under subpart 
D of this part, and any person who has notified the Regional Director 
of his or her interest in the procedures and decisions described in 
Secs. 660.51 and 660.52, and who has specifically requested to be 
considered an ``interested party.''
    Land or landing means offloading fish from a fishing vessel, 
arriving in port to begin offloading fish, or causing fish to be 
offloaded from a fishing vessel.
    Length overall (LOA) or length of a vessel, as used in 
Sec. 660.21(i), means the horizontal distance, rounded to the nearest 
foot (with 0.5 ft and above rounded upward), 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 2 of this part). ``Stem'' is the foremost part of the 
vessel, consisting of a section of timber or fiberglass, or cast, 
forged, or rolled metal, to which the sides of the vessel are united at 
the fore end, with the lower end united to the keel, and with the 
bowsprit, if one is present, resting on the upper end. ``Stern'' is the 
aftermost part of the vessel.
    Live coral means any precious coral that is free of holes from 
borers, and has no discoloration or encrustation on the skeleton at the 
time of removal from the seabed.
    Lobster closed area means an area of the EEZ that is closed to 
fishing for lobster.
    Longline fishing prohibited area means the portions of the EEZ in 
which longline fishing is prohibited as specified in Sec. 660.26.
    Longline fishing vessel means a vessel that has longline gear on 
board the vessel.
    Longline gear means a type of fishing gear consisting of a main 
line that exceeds 1 nm in length, is suspended horizontally in the 
water column either anchored, floating, or attached to a vessel, and 
from which branch or dropper lines with hooks are attached; except 
that, within the protected species zone, longline gear means a type of 
fishing gear consisting of a main line of any length that is suspended 
horizontally in the water column either anchored, floating, or attached 
to a vessel, and from which branch or dropper lines with hooks are 
attached.
    Longline general permit means the permit required by Sec. 660.21 to 
use a vessel to fish for Pacific pelagic management unit species in the 
fishery management area, excluding the EEZ around Hawaii, or to land or 
transship longline-caught fish shoreward of the outer boundary of the 
fishery management area, excluding the waters shoreward of the EEZ 
around Hawaii.
    Main Hawaiian Islands means the islands of the Hawaiian Islands 
Archipelago lying to the east of 161 deg. W. long.
    Non-precious coral means any species of coral other than those 
listed under the definition for precious coral in this section.
    Non-selective gear means any gear used for harvesting corals that 
cannot discriminate or differentiate between types, size, quality, or 
characteristics of living or dead corals.
    Northwestern Hawaiian Islands (NWHI) means the islands of the 
Hawaiian Islands Archipelago lying to the west of 161 deg. W. long.
    Offloading means removing management unit species from a vessel.
    Owner, as used in subparts C and D of this part, means a person who 
is identified as the current owner of the vessel as described in the 
Certificate of Documentation (Form CG-1270) issued by the USCG for a 
documented vessel, or in a registration certificate issued by a state 
or territory or the USCG for an undocumented vessel. As used in subpart 
E and F of this part, owner has the meaning in Sec. 600.10 of this 
chapter.
    Pacific Area Office means the Pacific Area Office, Southwest 
Region, NMFS, located in Honolulu, HI. The address and phone number may 
be obtained from the Regional Director whose address is in Table 1 to 
Sec. 600.502.
    Pacific pelagic management unit species means the following fish:

[[Page 34575]]



------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Mahimahi (dolphin fish)...................  Coryphaena spp.             
Marlin and spearfish......................  Makaira spp.                
                                            Tetrapturus spp.            
Oceanic sharks............................  Family Alopiidae.           
                                            Family Carcharhinidae.      
                                            Family Lamnidae.            
                                            Family Sphyrnidae.          
Sailfish..................................  Istiophorus platypterus.    
Swordfish.................................  Xiphias gladius.            
Tuna and related species..................  Allothunnus spp., Auxis spp.
                                            Euthynnus spp.,             
                                            Gymnosarda spp.             
                                            Katsuwonus spp., Scomber    
                                             spp.                       
                                            Thunnus spp.                
Wahoo.....................................  Acanthocybium solandri.     
------------------------------------------------------------------------

    Pelagics FMP means the Fishery Management Plan for Pelagic Species 
Fisheries of the Western Pacific Region.
    Precious coral means any coral of the genus Corallium in addition 
to the following species of corals:

------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Pink coral (also known as red coral)......  Corallium secundum.         
Pink coral (also known as red coral)......  Corallium regale.           
Pink coral (also known as red coral)......  Corallium laauense.         
Gold coral................................  Gerardia spp.               
Gold coral................................  Callogorgia gilberti.       
Gold coral................................  Narella spp.                
Gold coral................................  Calyptrophora spp.          
Bamboo coral..............................  Lepidisis olapa.            
Bamboo coral..............................  Acanella spp.               
Black coral...............................  Antipathes dichotoma.       
Black coral...............................  Antipathes grandis.         
Black coral...............................  Antipathes ulex.            
------------------------------------------------------------------------

    Precious coral permit area means the area encompassing the precious 
coral beds in the management area. Each bed is designated by a permit 
area code and assigned to one of the following four categories:
    (1) Established beds. Makapuu (Oahu), Permit Area E-B-1, includes 
the area within a radius of 2.0 nm of a point at 21 deg.18.0' N. lat., 
157 deg.35.5' W. long.
    (2) Conditional beds. (i) Keahole Point (Hawaii), Permit Area C-B-
1, includes the area within a radius of 0.5 nm of a point at 
19 deg.46.0' N. lat., 156 deg.06.0' W. long.
    (ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area 
within a radius of 0.5 nm of a point at 21 deg.35.4' N. lat., 
158 deg.22.9' W. long.
    (iii) Brooks Bank, Permit Area C-B-3, includes the area within a 
radius of 2.0 nm of a point at 24 deg.06.0' N. lat., 166 deg.48.0' W. 
long.
    (iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, 
includes the area within a radius of 2.0 nm of a point at 28 deg.50.2' 
N. lat., 178 deg.53.4' W. long.
    (3) Refugia. Westpac Bed, Permit Area R-1, includes the area within 
a radius of 2.0 nm of a point at 28 deg.50.2' N. lat., 162 deg.35.0' W. 
long.
    (4) Exploratory areas. (1) Permit Area X-P-H includes all coral 
beds, other than established beds, conditional beds, or refugia, in the 
EEZ seaward of the State of Hawaii.
    (ii) Permit Area X-P-AS includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
American Samoa.
    (iii) Permit Area X-P-G includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
Guam.
    (iv) Permit Area X-P-PI includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
the U.S. Pacific Island possessions.
    Protected species means an animal protected under the MMPA, listed 
under the ESA, or subject to the Migratory Bird Treaty Act, as amended.
    Protected species study zones means the waters within a specified 
distance, designated by the Regional Director pursuant to Sec. 660.66, 
around the following islands of the NWHI and as measured from the 
following coordinates: Nihoa Island 23 deg.05' N. lat., 161 deg.55' W. 
long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W. long.; French 
Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long.; Gardner 
Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef 
25 deg.25' N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N. 
lat., 171 deg.45' W. long.; Lisianski Island 26 deg.00' N. lat., 
173 deg.55' W. long.; Pearl and Hermes Reef 27 deg.50' N. lat., 
175 deg.50' W. long.; Midway Island 28 deg.14' N. lat., 177 deg.22' W. 
long.; and Kure Island 28 deg.25' N. lat., 178 deg.20' W. long. The 
protected species study zones encompasses waters within 50 nm of the 
geographical coordinates listed above.
    Protected species zone means an area, designated under Sec. 660.26, 
measured from the center geographical positions of certain islands and 
reefs in the NWHI, as follows: Nihoa Island 23 deg.05' N. lat., 
161 deg.55' W. long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W. 
long.; French Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long; 
Gardner Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef 
25 deg.25' N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N. 
lat., 171 deg.45' W. long; Lisianski Island 26 deg.00' N. lat., 
173 deg.55' W. long.; Pearl and Hermes Reef 27 deg.50' N. lat., 
175 deg.50' W. long.; Midway Islands 28 deg.14' N. lat., 177 deg.22' W. 
long.; and Kure Island 28 deg.25' N. lat., 178 deg.20' W. long. Where 
the areas are not contiguous, parallel lines drawn tangent to and 
connecting those semi-circles of the 50-nm areas that lie between Nihoa 
Island and Necker Island, French Frigate Shoals and Gardner Pinnacles, 
Gardner Pinnacles and Maro Reef, and Lisianski Island and Pearl and 
Hermes Reef, shall delimit the remainder of the protected species zone.
    Qualifying landing means a landing that meets a standard required 
for permit eligibility under Sec. 660.61.
    (1) Permit renewal. A qualifying landing for permit renewal under 
Sec. 660.61(e) is a landing that contained 2,500 lb (1,134 kg) of 
bottomfish from the NWHI or a landing of at least 2,500 lb (1,134 kg) 
of fish from the NWHI, of which at least 50 percent by weight was 
bottomfish.
    (2) New access eligibility points. A qualifying landing for 
eligibility points under Sec. 660.61(g) is any landing of bottomfish 
from the NWHI, regardless of weight, if made on or before August 7, 
1985; or a landing of at least 2,500 lb (1,134 kg) of bottomfish 
lawfully harvested from the NWHI, or a landing of at least 2,500 lb 
(1,134 kg) of fish lawfully harvested from the NWHI, of which at least 
50 percent by weight was bottomfish, if made after August 7, 1985.
    Receiving vessel permit means a permit required by Sec. 660.21(c) 
for a receiving vessel to transship or land Pacific pelagic management 
unit species taken by other vessels using longline gear.
    Regional Director means the Director, Southwest Region, NMFS (see 
Table 1 of Sec. 600.502 for address).
    Seamount groundfish means the following species:

------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Armorhead.................................  Pentaceros richardsoni.     
Alfonsin..................................  Beryx splendens.            
Raftfish..................................  Hyperoglyphe japonica.      
------------------------------------------------------------------------

    Selective gear means any gear used for harvesting corals that can 
discriminate or differentiate between type, size, quality, or 
characteristics of living or dead corals.
    Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, 
NMFS, Office of Enforcement, Southwest Region, or a designee of the 
Special Agent-In-Charge.
    Transship means offloading or otherwise transferring management 
unit species or products thereof to a receiving vessel.
    Trap means a box-like device used for catching and holding 
lobsters.

[[Page 34576]]

    U.S. harvested corals means coral caught, taken, or harvested by 
vessels of the United States within any fishery for which a fishery 
management plan has been implemented under the Magnuson Act.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software equipment owned by NMFS, installed on vessels by NMFS, and 
required by subpart C of this part to track and transmit the positions 
from longline fishing vessels.


Sec. 660.13   Permits and fees.

    (a) Applicability. The requirements for permits for specific 
Western Pacific fisheries are set forth in subparts C through F of this 
part.
    (b) Validity. Each permit is valid for fishing only in the specific 
fishery management areas identified on the permit.
    (c) Application. (1) A Southwest Region Federal Fisheries 
application form may be obtained from the Pacific Area Office to apply 
for a permit to operate in any of the fisheries regulated under 
subparts C, D, E, and F of this part. In no case shall the Pacific Area 
Office accept an application that is not on the Southwest Region 
Federal Fisheries application form. A completed application is one that 
contains all the necessary information, attachments, certifications, 
signatures, and fees required.
    (2) A minimum of 15 days should be allowed for processing a permit 
application. If an incomplete or improperly completed application is 
filed, the applicant will be sent a notice of deficiency. If the 
applicant fails to correct the deficiency within 30 days following the 
date of notification, the application will be considered abandoned.
    (d) Change in application information. A minimum of 10 days should 
be given for the Pacific Area Office to record any change in 
information from the permit application submitted under paragraph (c) 
of this section. Failure to report such changes may result in 
invalidation of the permit.
    (e) Issuance. After receiving a complete application, the FMD will 
issue a permit to an applicant who is eligible under Sec. 660.21, 
Sec. 660.41, Sec. 660.61, or Sec. 660.81, as appropriate.
    (f) Fees. (1) No fee is required for a permit issued under subparts 
D, E, and F of this part.
    (2) A fee is charged for each application for a Hawaii longline 
limited access permit (including permit transfers and permit renewals). 
The amount of the fee is calculated in accordance with the procedures 
of the NOAA Finance Handbook, available from the Regional Director, for 
determining the administrative costs of each special product or 
service. The fee may not exceed such costs and is specified with each 
application form. The appropriate fee must accompany each application. 
Failure to pay the fee will preclude issuance of a Hawaii longline 
limited access permit.
    (g) Expiration. Permits issued under this subpart will remain valid 
for the period specified on the permit unless transferred, revoked, 
suspended, or modified under 15 CFR part 904.
    (h) Replacement. Replacement permits may be issued, without charge, 
to replace lost or mutilated permits. An application for a replacement 
permit is not considered a new application.
    (i) Transfer. An application for a permit transfer as allowed under 
Sec. 660.21(h), Sec. 660.41(e), or Sec. 660.61(c) and (d) must be 
submitted to the Pacific Area Office as described in paragraph (c) of 
this section.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this subpart, or a facsimile 
of the permit, must be on board the vessel at all times while the 
vessel is fishing for, taking, retaining, possessing, or landing 
management unit species shoreward of the outer boundary of the fishery 
management area. Any permit issued under this section must be displayed 
for inspection upon request of an authorized officer.
    (l) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.
    (m) Permit appeals. Procedures for appeals of permit and 
administrative actions are specified in the relevant subparts of this 
part.


Sec. 660.14   Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel 
subject to the requirements of Secs. 660.21, 660.41, or 660.81 must 
maintain on board the vessel an accurate and complete record of catch, 
effort, and other data on report forms provided by the Regional 
Director. All information specified on the forms must be recorded on 
the forms within 24 hours after the completion of each fishing day. The 
original logbook form for each day of the fishing trip must be 
submitted to the Regional Director within 72 hours of each landing of 
management unit species. Each form must be signed and dated by the 
fishing vessel operator.
    (b) Transshipment logbooks. Any person subject to the requirements 
of Sec. 660.21(c) must maintain on board the vessel an accurate and 
complete NMFS transshipment logbook containing report forms provided by 
the Regional Director. All information specified on the forms must be 
recorded on the forms within 24 hours of the day of transshipment. The 
original logbook form for each day of transshipment activity must be 
submitted to the Regional Director within 72 hours of each landing of 
management unit species. Each form must be signed and dated by the 
receiving vessel operator.
    (c) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec. 660.41 must submit to the Regional Director, 
within 72 hours of offloading of crustaceans management unit species, 
an accurate and complete sales report on a form provided by the 
Regional Director. The form must be signed and dated by the fishing 
vessel operator.
    (d) Packing or weigh-out slips. The operator of any fishing vessel 
subject to the requirements of Sec. 660.41 must attach packing or 
weighout slips provided to the operator by the first-level buyer(s), 
unless the packing or weighout slips have not been provided in time by 
the buyer(s).
    (e) Modification of reporting and recordkeeping requirements. The 
Regional Director may, after consultation with the Council, initiate 
rulemaking to modify the information to be provided on the fishing 
record forms, transshipment logbook, and sales report forms and 
timeliness by which the information is to be provided, including the 
submission of packing or weighout slips.
    (f) Availability of records for inspection. (1) Pacific pelagic 
management unit species. Upon request, any fish dealer must immediately 
provide an authorized officer access for inspecting and copying all 
records of purchases, sales, or other transactions involving Pacific 
pelagic management unit species taken or handled by longline vessels 
that have permits issued under this subpart or that are otherwise 
subject to subpart C of this part, including, but not limited to, 
information concerning:
    (i) The name of the vessel involved in each transaction and the 
owner or operator of the vessel.
    (ii) The weight, number, and size of each species of fish involved 
in each transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (2) Crustaceans management unit species. Upon request, any first-
level buyer must immediately allow an authorized officer and any 
employee of

[[Page 34577]]

NMFS designated by the Regional Director, to access, inspect, and copy 
all records described in paragraph (a) of this section relating to 
crustacean management unit species taken by vessels that have permits 
issued under this subpart or that are otherwise subject to subpart D of 
this part.
    (3) Bottomfish and seamount groundfish management unit species. Any 
person who is required by state laws and regulations to maintain 
records of landings and sales for vessels regulated by this subpart and 
subpart E of this part must make those records immediately available 
for Federal inspection and copying upon request by an authorized 
officer.
    (g) State reporting. Any person who has a permit under Secs. 660.21 
or 660.61 and who is required by state laws and regulations to maintain 
and submit records of landings and sales for vessels regulated by 
subparts C and E of this part must maintain and submit those records in 
the exact manner required by state laws and regulations.


Sec. 660.15   Prohibitions.

    In addition to the prohibitions in Sec. 600.725 of this chapter, it 
is unlawful for any person to:
    (a) Engage in fishing without a valid permit or facsimile of a 
valid permit on board the vessel and available for inspection by an 
authorized officer, when a permit is required under Sec. 660.13 or 
Sec. 660.17, unless the vessel was at sea when the permit was issued 
under Sec. 660.13, in which case the permit must be on board the vessel 
before its next trip.
    (b) File false information on any application for a fishing permit 
under Sec. 660.13 or an EFP under Sec. 660.17.
    (c) Fail to file reports in the exact manner required by any state 
law or regulation, as required in Sec. 660.14.
    (d) Falsify or fail to make, keep, maintain, or submit any logbook 
or logbook form or other record or report required under Secs. 660.14 
and 660.17.
    (e) Refuse to make available to an authorized officer or a designee 
of the Regional Director for inspection or copying, any records that 
must be made available in accordance with Sec. 660.14.
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Secs. 660.16, 660.24, and 660.47.
    (g) Violate a term or condition of an EFP issued under Sec. 660.17.
    (h) Fail to report any take of or interaction with protected 
species as required by Sec. 660.17(k).
    (i) Fish without an observer on board the vessel after the owner or 
agent of the owner has been directed by NMFS to make accommodations 
available for an observer under Secs. 660.17, 660.28, 660.49, or 
660.65.
    (j) Refuse to make accommodations available for an observer when so 
directed by the Regional Director under Sec. 660.28, Sec. 660.49, or 
Sec. 660.65, or under any provision in an EFP issued under Sec. 660.17.
    (k) Fail to notify officials as required in Secs. 660.23, 660.28, 
660.43, and 660.63.


Sec. 660.16   Vessel identification.

    (a) Each fishing vessel subject to this subpart must display its 
official number on the port and starboard sides of the deckhouse or 
hull, and on an appropriate weather deck, so as to be visible from 
enforcement vessels and aircraft.
    (b) The official number must be affixed to each vessel subject to 
this subpart and subparts C, D, E, and F of this part, in block Arabic 
numerals at least 18 inches (45.7 cm) in height for fishing and 
receiving vessels of 65 ft (19.8 m) LOA or longer, and at least 10 
inches (25.4 cm) in height for all other vessels, except vessels 
subject to Subpart F and 65 ft (19.8 m) LOA or longer must be marked in 
block Arabic numerals at least 14 inches (35.6 cm) in height. Marking 
must be legible and of a color that contrasts with the background.
    (c) The vessel operator must ensure that the official number is 
clearly legible and in good repair.
    (d) The vessel operator must ensure that no part of the vessel, its 
rigging, or its fishing gear obstructs the view of the official number 
from an enforcement vessel or aircraft.


Sec. 660.17   Experimental fishing.

    (a) General. The Regional Director may authorize, for limited 
purposes, the direct or incidental harvest of management unit species 
that would otherwise be prohibited by this subpart and subparts C, D, 
E, and F of this part. No experimental fishing may be conducted unless 
authorized by an EFP issued by the Regional Director in accordance with 
the criteria and procedures specified in this section. EFPs will be 
issued without charge.
    (b) Observers. No experimental fishing for crustacean management 
unit species may be conducted unless an NMFS scientific observer is 
aboard the vessel.
    (c) Application. An applicant for an EFP must submit to the 
Regional Director at least 60 days before the desired date of the EFP 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 purposes and goals of the experiment for 
which an EFP is needed, including a general description of the 
arrangements for disposition of all species harvested under the EFP.
    (4) A statement of whether the proposed experimental fishing has 
broader significance than the applicant's individual goals.
    (5) For each vessel to be covered by the EFP:
    (i) Vessel name.
    (ii) Name, address, and telephone number of owner and operator.
    (iii) USCG documentation, state license, or registration number.
    (iv) Home port.
    (v) Length of vessel.
    (vi) Net tonnage.
    (vii) Gross tonnage.
    (6) A description of the species (directed and incidental) to be 
harvested under the EFP and the amount of such harvest necessary to 
conduct the experiment.
    (7) For each vessel covered by the EFP, the approximate times and 
places fishing will take place, and the type, size, and amount of gear 
to be used.
    (8) The signature of the applicant.
    (d) Incomplete applications. The Regional Director may request from 
an applicant additional information necessary to make the 
determinations required under this section. An applicant will be 
notified of an incomplete application within 10 working days of receipt 
of the application. An incomplete application will not be considered 
until corrected in writing.
    (e) Issuance. (1) If an application contains all of the required 
information, NMFS will publish a notice of receipt of the application 
in the Federal Register with a brief description of the proposal and 
will give interested persons an opportunity to comment. The Regional 
Director will also forward copies of the application to the Council, 
the USCG, and the fishery management agency of the affected state, 
accompanied by the following information:
    (i) The current utilization of domestic annual harvesting and 
processing capacity (including existing experimental harvesting, if 
any) of the directed and incidental species for which an EFP is being 
requested.
    (ii) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (iii) Biological information relevant to the proposal.
    (2) At a Council meeting following receipt of a complete 
application, the Regional Director will consult with the Council and 
the Director of the affected

[[Page 34578]]

state fishery management agency concerning the permit application. The 
applicant will be notified in advance of the meeting at which the 
application will be considered, and invited to appear in support of the 
application, if the applicant desires.
    (3) Within 5 working days after the consultation in paragraph 
(e)(2) of this section, or as soon as practicable thereafter, NMFS will 
notify the applicant in writing of the decision to grant or deny the 
EFP and, if denied, the reasons for the denial. Grounds for denial of 
an EFP include, but are not limited to, the following:
    (i) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (ii) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect any 
species of fish in a significant way.
    (iii) Issuance of the EFP would inequitably allocate fishing 
privileges among domestic fishermen or would have economic allocation 
as its sole purpose.
    (iv) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section or the management objectives of the 
FMP.
    (v) The applicant has failed to demonstrate a valid justification 
for the permit.
    (vi) The activity proposed under the EFP would create a significant 
enforcement problem.
    (4) The decision to grant or deny an EFP is final and unappealable. 
If the permit is granted, NMFS will publish a notice in the Federal 
Register describing the experimental fishing to be conducted under the 
EFP. The Regional Director may attach terms and conditions to the EFP 
consistent with the purpose of the experiment including, but not 
limited to:
    (i) The maximum amount of each species that can be harvested and 
landed during the term of the EFP, including trip limits, where 
appropriate.
    (ii) The number, sizes, names, and identification numbers of the 
vessels authorized to conduct fishing activities under the EFP.
    (iii) The times and places where experimental fishing may be 
conducted.
    (iv) The type, size, and amount of gear which may be used by each 
vessel operated under the EFP.
    (v) The condition that observers be carried aboard vessels 
operating under an EFP.
    (vi) Data reporting requirements.
    (vii) Such other conditions as may be necessary to assure 
compliance with the purposes of the EFP consistent with the objectives 
of the FMP.
    (f) Duration. Unless otherwise specified in the EFP or a 
superseding notice or regulation, an EFP is effective for no longer 
than 1 year, unless revoked, suspended, or modified. EFPs may be 
renewed following the application procedures in this section.
    (g) Alteration. Any EFP that has been altered, erased, or mutilated 
is invalid.
    (h) Transfer. EFPs issued under subparts B through F of this part 
are not transferable or assignable. An EFP is valid only for the 
vessel(s) for which it is issued.
    (i) Inspection. Any EFP issued under subparts B through F of this 
part must be carried aboard the vessel(s) for which it was issued. The 
EFP must be presented for inspection upon request of any authorized 
officer.
    (j) Sanctions. Failure of the holder of an EFP to comply with the 
terms and conditions of an EFP, the provisions of subparts A through F 
of this part, any other applicable provision of this part, the Magnuson 
Act, or any other regulation promulgated thereunder, is grounds for 
revocation, suspension, or modification of the EFP with respect to all 
persons and vessels conducting activities under the EFP. Any action 
taken to revoke, suspend, or modify an EFP will be governed by 15 CFR 
part 904 subpart D. Other sanctions available under the statute will be 
applicable.
    (k) Protected species. Persons fishing under an EFP must report any 
incidental take or fisheries interaction with protected species on a 
form provided for that purpose. Reports must be submitted to the 
Regional Director within 3 days of arriving in port.

Subpart C--Western Pacific Pelagic Fisheries


Sec. 660.21   Permits.

    (a) A fishing vessel of the United States must be registered for 
use under a Hawaii longline limited access permit or a longline general 
permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around American Samoa, Guam, the Northern 
Mariana Islands, or other U.S. island possessions in the Pacific Ocean; 
or
    (2) To land or transship, shoreward of the outer boundary of the 
EEZ around American Samoa, Guam, the Northern Mariana Islands, or other 
U.S. island possessions in the Pacific Ocean, Pacific pelagic 
management unit species that were harvested with longline gear.
    (b) A fishing vessel of the United States must be registered for 
use under a Hawaii longline limited access permit if that vessel is 
used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around Hawaii; or
    (2) To land or transship, shoreward of the outer boundary of the 
EEZ around Hawaii, Pacific pelagic management unit species that were 
harvested with longline gear.
    (c) A receiving vessel must be registered for use with a receiving 
vessel permit if that vessel is used to land or transship, shoreward of 
the outer boundary of the fishery management area, Pacific pelagic 
management unit species that were harvested with longline gear.
    (d) Any required permit must be on board the vessel and available 
for inspection by an authorized agent, except that if the permit was 
issued while the vessel was at sea, this requirement applies only to 
any subsequent trip.
    (e) A permit is valid only for the vessel for which it is 
registered. A permit not registered for use with a particular vessel 
may not be used.
    (f) An application for a permit required under this section will be 
submitted to the Pacific Area Office as described inSec. 660.13.
    (g) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
and sanctions for permits issued under this section, as applicable, are 
contained in Sec. 660.13.
    (h) A limited access permit may be transferred as follows:
    (1) The owner of a Hawaii longline limited access permit may apply 
to transfer the permit:
    (i) To a different person for registration for use with the same or 
another vessel; or
    (ii) For registration for use with another U.S. vessel under the 
same ownership.
    (2) An application for a permit transfer will be submitted to the 
Pacific Area Office as described in Sec. 660.13(c).
    (i) A Hawaii longline limited access permit will not be registered 
for use with a vessel that has a LOA greater than 101 ft (30.8 m).
    (j) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or 
otherwise) a Hawaii longline limited access permit.
    (k) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or any permit owner may appeal to the Regional 
Director the granting, denial, conditioning, suspension, or

[[Page 34579]]

transfer of a permit or requested permit under this section. To be 
considered by the Regional Director, the appeal will be in writing, 
will state the action(s) appealed, and the reasons therefor, and will 
be submitted within 30 days of the action(s) by the FMD. The appellant 
may request an informal hearing on the appeal.
    (1) Upon receipt of an appeal authorized by this section, the 
Regional Director may request additional information. Upon receipt of 
sufficient information, the Regional Director will decide the appeal in 
accordance with the criteria set out in this part and in the Fishery 
Management Plans prepared by the Council, as appropriate, based upon 
information relative to the application on file at NMFS and the Council 
and any additional information available; the summary record kept of 
any hearing and the hearing officer's recommended decision, if any, as 
provided in paragraph (k)(3) of this section; and such other 
considerations as deemed appropriate. The Regional Director will notify 
the appellant of the decision and the reasons therefor, in writing, 
normally within 30 days of the receipt of sufficient information, 
unless additional time is needed for a hearing.
    (2) If a hearing is requested, or if the Regional Director 
determines that one is appropriate, the Regional Director may grant an 
informal hearing before a hearing officer designated for that purpose. 
Such a hearing normally shall be held no later than 30 days following 
receipt of the appeal, unless the hearing officer extends the time. The 
appellant and, at the discretion of the hearing officer, other 
interested persons, may appear personally or be represented by counsel 
at the hearing and submit information and present arguments as 
determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend, in 
writing, a decision to the Regional Director.
    (3) The Regional Director may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Director will notify the appellant, and 
interested persons, if any, of the decision, and the reason(s) 
therefor, in writing, within 30 days of receipt of the hearing 
officer's recommended decision. The Regional Director's action shall 
constitute final Agency action for the purposes of the APA.
    (4) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Regional Director for good cause, 
either upon his/her own motion or upon written request from the 
appellant stating the reason(s) therefor.


Sec. 660.22   Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to do any of the 
following:
    (a) Fish for Pacific pelagic management unit species using gear 
prohibited under Sec. 660.30 or not permitted by an EFP issued under 
Sec. 660.17.
    (b) Falsify or fail to make and/or file all reports of Pacific 
pelagic management unit species landings, containing all data and in 
the exact manner, as required by applicable state law or regulation, as 
specified in Sec. 660.3, provided that the person is required to do so 
by applicable state law or regulation.
    (c) Use a longline vessel without a valid longline general permit 
or a Hawaii longline limited access permit registered for use with that 
vessel, to fish for Pacific pelagic management unit species in the EEZ 
around American Samoa, Guam, the Northern Mariana Islands, or U.S. 
possessions in the Pacific Ocean area.
    (d) Use a longline fishing vessel without a valid Hawaii longline 
limited access permit registered for use with that vessel to fish for 
Pacific pelagic management unit species in the EEZ around Hawaii.
    (e) Use a receiving vessel without a valid receiving vessel permit 
registered for use with that vessel to land or transship, shoreward of 
the outer boundary of the fishery management area, Pacific pelagic 
management unit species harvested with longline gear.
    (f) Transfer a permit in violation of Sec. 660.21(h).
    (g) Fish for Pacific pelagic management unit species with longline 
gear within the protected species zone in the NWHI.
    (h) Fail to notify the NMFS Southwest Enforcement Office of intent 
to enter or depart the protected species zone, as required under 
Sec. 660.23(b).
    (i) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under 
Sec. 660.17 or Sec. 660.17.
    (j) Fail to comply with notification requirements set forth in 
Sec. 660.23 or in any EFP issued under Sec. 660.17.
    (k) Fail to comply with a term or condition governing the observer 
program established in Sec. 660.28.
    (l) Fail to comply with other terms and conditions that the 
Regional Director imposes by written notice to either the permit holder 
or the designated agent of the permit holder to facilitate the details 
of observer placement.
    (m) Fish in the fishery after failing to comply with the 
notification requirements in Sec. 660.23.
    (n) Use a U.S. vessel that has longline gear on board and that does 
not have a valid Hawaii longline limited access permit registered for 
use with that vessel or a valid longline general permit registered for 
use with that vessel to land or transship Pacific pelagic management 
unit species shoreward of the outer boundary of the EEZ around American 
Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the 
Pacific Ocean area.
    (o) Use a U.S. vessel that has longline gear on board and that does 
not have a valid Hawaii longline limited access permit registered for 
use with that vessel to land or transship Pacific pelagic management 
unit species shoreward of the outer boundary of the EEZ around Hawaii.
    (p) Enter the EEZ around Hawaii with longline gear that is not 
stowed or secured in accordance with Sec. 660.29, if operating a U.S. 
vessel without a valid Hawaii longline limited access permit registered 
for use with that vessel.
    (q) Enter the EEZ around American Samoa, Guam, the Northern Mariana 
Islands, or U.S. possessions in the Pacific Ocean area with longline 
gear that is not stowed or secured in accordance with Sec. 660.29, if 
operating a U.S. vessel without a valid Hawaii longline limited access 
permit registered for use with that vessel or a longline general permit 
registered for use with that vessel.
    (r) Fail to carry a VMS unit as required under Sec. 660.25.
    (s) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same; or to move 
or remove a VMS unit without the prior permission of the SAC.
    (t) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit.
    (u) Fish for, catch, or harvest Pacific pelagic management unit 
species with longline gear without a VMS unit on board the vessel after 
installation of the VMS unit by NMFS.
    (v) Possess on board a vessel without a VMS unit Pacific pelagic 
management unit species harvested with longline gear after NMFS has 
installed the VMS unit on the vessel.
    (w) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit.

[[Page 34580]]

    (x) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer.
    (y) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC.


Sec. 660.23  Notifications.

    (a) The permit holder for a fishing vessel subject to the 
requirements of this subpart, or an agent designated by the permit 
holder, shall provide a notice to the Regional Director at least 72 
hours (not including weekends and Federal holidays) before the vessel 
leaves port on a fishing trip, any part of which occurs in the EEZ 
around Hawaii. The vessel operator will be presumed to be an agent 
designated by the permit holder unless the Regional Director is 
otherwise notified by the permit holder. The notice must be provided to 
the office or telephone number designated by the Regional Director. The 
notice must provide the official number of the vessel, the name of the 
vessel, the intended departure date, time, and location, the name of 
the operator of the vessel, and the name and telephone number of the 
agent designated by the permit holder to be available between 8:00 a.m. 
to 5 p.m. (Hawaii time) on weekdays for NMFS to contact to arrange 
observer placement.
    (b) The operator of any vessel subject to the requirements of this 
subpart who does not have on board a VMS unit while transiting the 
protected species zone as defined in Sec. 660.12, must notify the NMFS 
Southwest Enforcement Office (see part 600 for address of Regional 
Director) immediately upon entering and immediately upon departing the 
protected species zone. The notification must include the name of the 
vessel, name of the operator, date and time (GMT) of access or exit 
from the protected species zone, and location by latitude and longitude 
to the nearest minute.


Sec. 660.24  Gear identification.

    (a) Identification. The operator of each permitted vessel in the 
fishery management area must ensure that the official number of the 
vessel be affixed to every longline buoy and float, including each buoy 
and float that is attached to a radar reflector, radio antenna, or flag 
marker, whether attached to a deployed longline or possessed on board 
the vessel. Markings must be legible and permanent, and must be of a 
color that contrasts with the background material.
    (b) Enforcement action. Longline gear not marked in compliance with 
paragraph (a) of this section and found deployed in the EEZ will be 
considered unclaimed or abandoned property, and may be disposed of in 
any manner considered appropriate by NMFS or an authorized officer.


Sec. 660.25  Vessel monitoring system.

    (a) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirement of this subpart.
    (b) Notification. After a Hawaii longline limited access permit 
holder has been notified by the SAC of a specific date for installation 
of a VMS unit in the permit holder's vessel, the vessel must carry the 
VMS unit after the date scheduled for installation.
    (c) Fees and charges. During the experimental VMS program, a Hawaii 
longline limited access permit holder shall not be assessed any fee or 
other charges to obtain and use a VMS unit, including the communication 
charges related directly to requirements under this section. 
Communication charges related to any additional equipment attached to 
the VMS unit by the owner or operator shall be the responsibility of 
the owner or operator and not NMFS.
    (d) Permit holder duties. The holder of a Hawaii longline limited 
access permit and the master of the vessel operating under the permit 
must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (2) Carry the VMS unit on board whenever the vessel is at sea.
    (3) Not remove or relocate the VMS unit without prior approval from 
the SAC.
    (e) Authorization by the SAC. The SAC has authority over the 
installation and operation of the VMS unit. The SAC may authorize the 
connection or order the disconnection of additional equipment, 
including a computer, to any VMS unit when deemed appropriate by the 
SAC.


Sec. 660.26  Longline fishing prohibited area management.

    (a) Prohibited areas. Longline fishing shall be prohibited in the 
longline fishing prohibited areas as defined in paragraphs (b), (c), 
and (d) of this section.
    (b) Longline protected species zone. The protected species zone is 
50 nm from the center geographical positions of Nihoa Island, Necker 
Island, French Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan 
Island, Lisianski Island, Pearl and Hermes Reef, Midway Islands, and 
Kure Island, as defined in Sec. 660.12.
    (c) Main Hawaiian Islands. (1) From February 1 through September 30 
each year, the longline fishing prohibited area around the main 
Hawaiian Islands is the portion of the EEZ seaward of Hawaii bounded by 
straight lines connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
                Point                      N. lat.          DW. long.   
------------------------------------------------------------------------
A...................................  18 deg.05'        155 deg.40'     
B...................................  18 deg.20'        156 deg.25'     
C...................................  20 deg.00'        157 deg.30'     
D...................................  20 deg.40'        161 deg.40'     
E...................................  21 deg.40'        161 deg.55'     
F...................................  23 deg.00'        161 deg.30'     
G...................................  23 deg.05'        159 deg.30'     
H...................................  22 deg.55'        157 deg.30'     
I...................................  21 deg.30'        155 deg.30'     
J...................................  19 deg.50'        153 deg.50'     
K...................................  19 deg.00'        154 deg.05'     
A...................................  18 deg.05'        155 deg.40'     
------------------------------------------------------------------------

    (2) From October 1 through the following January 31 each year, the 
longline fishing prohibited area around the main Hawaiian Islands is 
the portion of the EEZ seaward of Hawaii bounded by straight lines 
connecting the following coordinates in the order listed:

------------------------------------------------------------------------
                Point                      N. lat.          W. long.    
------------------------------------------------------------------------
A...................................  18 deg.05'        155 deg.40'     
L...................................  18 deg.25'        155 deg.40'     
M...................................  19 deg.00'        154 deg.45'     
N...................................  19 deg.15'        154 deg.25'     
O...................................  19 deg.40'        154 deg.20'     
P...................................  20 deg.20'        154 deg.55'     
Q...................................  20 deg.35'        155 deg.30'     
R...................................  21 deg.00'        155 deg.35'     
S...................................  22 deg.30'        157 deg.35'     
T...................................  22 deg.40'        159 deg.35'     
U...................................  22 deg.25'        160 deg.20'     
V...................................  21 deg.55'        160 deg.55'     
W...................................  21 deg.40'        161 deg.00'     
E...................................  21 deg.40'        161 deg.55'     
D...................................  20 deg.40'        161 deg.40'     
C...................................  20 deg.00'        157 deg.30'     
B...................................  18 deg.20'        156 deg.25'     
A...................................  18 deg.05'        155 deg.40'     
------------------------------------------------------------------------

    (d) Guam. The longline fishing prohibited area around Guam is the 
waters seaward of Guam bounded by straight lines connecting the 
following coordinates in the order listed:

------------------------------------------------------------------------
                Point                      N. lat.          E. long.    
------------------------------------------------------------------------
A...................................  14 deg.25'        144 deg.00'     
B...................................  14 deg.00'        143 deg.38'     
C...................................  13 deg.41'        144 deg.33'30'' 
D...................................  13 deg.00'        143 deg.25'30'' 
E...................................  12 deg.20'        143 deg.37'     
F...................................  11 deg.40'        144 deg.09'     
G...................................  12 deg.00'        145 deg.00'     
H...................................  13 deg.00'        145 deg.42'     
I...................................  13 deg.27'        145 deg.51'     
------------------------------------------------------------------------

Sec. 660.27  Exemptions for longline fishing prohibited areas; 
procedures.

    (a) An exemption permitting a person to use longline gear to fish 
in a portion(s) of the Hawaii longline fishing

[[Page 34581]]

prohibited area will be issued to a person who can document that he or 
she:
    (1) Currently owns a Hawaii longline limited access permit issued 
under this part and registered for use with his or her vessel.
    (2) Before 1970, was the owner or operator of a vessel when that 
vessel landed Pacific pelagic management unit species taken on longline 
gear in an area that is now within the Hawaii longline fishing 
prohibited area.
    (3) Was the owner or operator of a vessel that landed Pacific 
pelagic management unit species taken on longline gear in an area that 
is now within the Hawaii longline fishing prohibited area, in at least 
5 calendar years after 1969, which need not be consecutive.
    (4) In any one of the 5 calendar years, was the owner or operator 
of a vessel that harvested at least 80 percent of its total landings, 
by weight, of longline-caught Pacific pelagic management unit species 
in an area that is now in the Hawaii longline fishing prohibited area.
    (b) Each exemption shall specify the portion(s) of the Hawaii 
longline fishing prohibited area, bounded by longitudinal and 
latitudinal lines drawn to include each statistical area, as appearing 
on Hawaii State Commercial Fisheries Charts, in which the exemption 
holder made the harvest documented for the exemption application under 
paragraph (a)(4) of this section.
    (c) Each exemption is valid only within the portion(s) of the 
Hawaii longline fishing prohibited area specified on the exemption.
    (d) A person seeking an exemption under this section must submit an 
application and supporting documentation to the Pacific Area Office at 
least 15 days before the desired effective date of the exemption.
    (e) If the Regional Director determines that a gear conflict has 
occurred and is likely to occur again in the Hawaii longline fishing 
prohibited area between a vessel used by a person holding an exemption 
under this section and a non-longline vessel, the Regional Director may 
prohibit all longline fishing in the Hawaii longline fishing prohibited 
area around the island where the conflict occurred, or in portions 
thereof, upon notice to each holder of an exemption who would be 
affected by such a prohibition.
    (f) The Council will consider information provided by persons with 
Hawaii longline limited access permits issued under this part who 
believe they have experienced extreme financial hardship resulting from 
the Hawaii longline area closure, and will consider recommendations of 
the Pelagic Advisory Review Board to assess whether exemptions under 
this section should continue to be allowed, and, if appropriate, revise 
the qualifying criteria in paragraph (a) of this section to permit 
additional exemptions.
    (1) If additional exemptions are needed, the Council will advise 
the Regional Director in writing of its recommendation, including 
criteria by which financial hardships will be mitigated, while 
retaining the effectiveness of the longline fishing prohibited area.
    (2) Following a review of the Council's recommendation and 
supporting rationale, the Regional Director may:
    (i) Reject the Council's recommendation, in which case written 
reasons will be provided by the Regional Director to the Council for 
the rejection; or
    (ii) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the Pelagics 
FMP, the national standards, and other applicable law, initiate 
rulemaking to implement the Council's recommendations.


Sec. 660.28  Conditions for at-sea observer coverage.

    (a) NMFS shall advise the permit holder or the designated agent of 
any observer requirement at least 24 hours (not including weekends and 
Federal holidays) before any trip for which NMFS received timely notice 
in compliance with these regulations.
    (b) The ``Notice Prior to Fishing Trip'' requirements in this 
subpart commit the permit holder to the representations in the notice. 
The notice can be modified by the permit holder or designated agent 
because of changed circumstance, if the Regional Director is promptly 
provided a modification to the notice that complies with the notice 
requirements. The notice will also be considered modified if the 
Regional Director and the permit holder or designated agent agree to 
placement changes.
    (c) When NMFS notifies the permit holder or designated agent of the 
obligation to carry an observer in response to a notification under 
this subpart, or as a condition of an EFP issued under Sec. 660.17, the 
vessel may not engage in the fishery without taking the observer.
    (d) A NMFS observer shall arrive at the observer's assigned vessel 
30 minutes before the time designated for departure in the notice or 
the notice as modified, and will wait 1 hour for departure.
    (e) A permit holder must accommodate a NMFS observer assigned under 
these regulations. The Regional Director's office, and not the 
observer, will address any concerns raised over accommodations.
    (f) The permit holder, vessel operator, and crew must cooperate 
with the observer in the performance of the observer's duties, 
including:
    (1) Allowing for the embarking and debarking of the observer.
    (2) Allowing the observer access to all areas of the vessel 
necessary to conduct observer duties.
    (3) Allowing the observer access to communications equipment and 
navigation equipment as necessary to perform observer duties.
    (4) Allowing the observer access to VMS units to verify operation, 
obtain data, and use the communication capabilities of the units for 
official purposes.
    (5) Providing accurate vessel locations by latitude and longitude 
or loran coordinates, upon request by the observer.
    (6) Providing sea turtle, marine mammal, or sea bird specimens as 
requested.
    (7) Notifying the observer in a timely fashion when commercial 
fishing operations are to begin and end.
    (g) The permit holder, operator, and crew must comply with other 
terms and conditions to ensure the effective deployment and use of 
observers that the Regional Director imposes by written notice.
    (h) The permit holder must ensure that assigned observers are 
provided living quarters comparable to crew members and are provided 
the same meals, snacks, and amenities as are normally provided to other 
vessel personnel. A mattress or futon on the floor or a cot is not 
acceptable if a regular bunk is provided to any crew member, unless 
other arrangements are approved in advance by the Regional Director.
    (i) Reimbursement requirements are as follows:
    (1) Upon observer verification of vessel accommodations and the 
number of assigned days on board, NMFS will reimburse vessel owners a 
reasonable amount for observer subsistence as determined by the 
Regional Director.
    (2) If requested and properly documented, NMFS will reimburse the 
vessel owner for the following:
    (i) Communications charges incurred by the observer.
    (ii) Lost fishing time arising from a seriously injured or 
seriously ill observer, provided that notification of the nature of the 
emergency is

[[Page 34582]]

transmitted to the Fisheries Observer Branch, Southwest Region, NMFS 
(see address for Southwest Regional Director) at the earliest practical 
time. NMFS will reimburse the owner only for those days during which 
the vessel is unable to fish as a direct result of helping the NMFS 
employee who is seriously injured or seriously ill. Lost fishing time 
is based on time travelling to and from the fishing grounds and any 
documented out-of-pocket expenses for medical services. Payment will be 
based on the current target fish market prices and that vessel's 
average target fish catch retained per day at sea for the previous 2 
years, but shall not exceed $5,000 per day or $20,000 per claim. 
Detailed billing with receipts and supporting records are required for 
allowable communication and lost fishing time claims. The claim must be 
completed in ink, showing the claimant's printed name, address, vessel 
name, observer name, trip dates, days observer on board, an explanation 
of the charges, and claimant's dated signature with a statement 
verifying the claim to be true and correct. Requested reimbursement 
claims must be submitted to the Fisheries Observer Branch, Southwest 
Region, NMFS. NMFS will not process reimbursement invoices and 
documentation submitted more than 120 days after the occurrence.
    (j) If a vessel normally has cabins for crew members, female 
observers on a vessel with an all-male crew must be accommodated either 
in a single person cabin or, if NMFS concludes that adequate privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person shared cabin. If the vessel normally does not have cabins 
for crew members, alternative accommodations must be approved by NMFS. 
If a cabin assigned to a female observer does not have its own toilet 
and shower facilities that can be provided for the exclusive use of the 
observer, or if no cabin is assigned, then arrangements for sharing 
common facilities must be established and approved in advance by NMFS.


Sec. 660.29  Port privileges and transiting for unpermitted U.S. 
longline vessels.

    A U.S. longline fishing vessel that does not have a permit under 
subpart B of this part may enter waters of the fishery management area 
with Pacific pelagic management unit species on board, but may not land 
or transship any management unit species on board the vessel. The 
vessel's longline gear must be stowed or secured so it is rendered 
unusable during the time the vessel is in those waters.


Sec. 660.30  Prohibition of drift gillnetting.

    Fishing with drift gillnets in the fishery management area is 
prohibited, except where authorized by an EFP issued under Sec. 660.17.


Sec. 660.31  Framework adjustments to management measures.

    (a) Introduction. Adjustments in management measures may be made 
through rulemaking if new information demonstrates that there are 
biological, social, or economic concerns in the fishery. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Pelagics Plan Team will prepare an annual report on the fisheries in 
the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) Following the framework procedures of Amendment 7 to the 
Pelagics FMP, the Council may recommend to the Regional Director that 
established measures be modified, removed, or re-instituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Director.
    (d) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions.
    (2) Following the framework procedures of Amendment 7 to the 
Pelagics FMP, the Council will publicize, including by Federal Register 
notice, and solicit public comment on, any proposed new management 
measure. After a Council meeting at which the measure is discussed, the 
Council will consider recommendations and prepare a Federal Register 
notice summarizing the Council's deliberations, rationale, and analysis 
for the preferred action, and the time and place for any subsequent 
Council meeting(s) to consider the new measure. At subsequent public 
meeting(s), the Council will consider public comments and other 
information received to make a recommendation to the Regional Director 
about any new measure. NMFS may implement the Council's recommendation 
by rulemaking if approved by the Regional Director.

Subpart D--Western Pacific Crustacean Fisheries


Sec. 660.41  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 1 must have a limited access permit issued for 
such vessel. Only one permit will be assigned to any vessel.
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2 or Permit Area 3, must have a permit issued for such a vessel.
    (3) No vessel owner will have permits for a single vessel to 
harvest lobsters in Permit Areas 1 and 2 at the same time.
    (4) A limited access permit is valid for fishing only in Permit 
Area 1.
    (b) General requirements. General requirements governing 
application information, issuance, fees, expiration, replacement, 
transfer, alteration, display, sanctions, and appeals for permits 
issued under this section, as applicable, are contained in Sec. 660.13.
    (c) Application. An application for a permit required under this 
section will be submitted to the Pacific Area Office as described in 
Sec. 660.13. If the application for a limited access permit is 
submitted on behalf of a partnership or corporation, the application 
must be accompanied by a supplementary information sheet obtained from 
the Pacific Area Office and contain the names and mailing addresses of 
all partners or shareholders and their respective percentage of 
ownership in the partnership or corporation.
    (d) Number of permits. A maximum of 15 limited access permits can 
be valid at any time.
    (e) Transfer or sale of limited access permits. (1) Permits may be 
transferred or sold, but no one individual, partnership, or corporation 
will be allowed to hold a whole or partial interest in more than one 
permit, except that an owner who qualifies initially for more than one 
permit may maintain those permits, but may not obtain additional 
permits. Layering of partnerships or corporations shall not insulate a 
permit holder from this requirement.
    (2) If 50 percent or more of the ownership of a limited access 
permit is passed to persons other than those listed

[[Page 34583]]

on the permit application, the Pacific Area Office must be notified of 
the change in writing and provided copies of the appropriate documents 
confirming the changes within 30 days.
    (3) Upon the transfer or sale of a limited access permit, a new 
application must be submitted by the new permit owner according to the 
requirements of Sec. 660.13. The transferred permit is not valid until 
this process is completed.
    (f) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a replacement 
vessel owned by that person.
    (g) Issuance of limited access permits to future applicants.
    (1) The Regional Director may issue limited access permits under 
this section when fewer than 15 vessel owners hold active permits.
    (2) When the Regional Director has determined that limited access 
permits may be issued to new persons, a notice shall be placed in the 
Federal Register, and other means will be used to notify prospective 
applicants of the opportunity to obtain permits under the limited 
access management program.
    (3) A period of 90 days will be provided after publication of the 
Federal Register notice for submission of new applications for a 
limited access permit.
    (4) Limited access permits issued under this paragraph (g) will be 
issued first to applicants qualifying under paragraph (g)(4)(i) of this 
section. If the number of limited access permits available is greater 
than the number of applicants that qualify under paragraph (g)(4)(i) of 
this section, then limited access permits will be issued to applicants 
under paragraph (g)(4)(ii) of this section.
    (i) First priority to receive limited access permits under this 
paragraph (g) goes to owners of vessels that were used to land lobster 
from Permit Area 1 during the period 1983 through 1990, and who were 
excluded from the fishery by implementation of the limited access 
system. If there are insufficient permits for all such applicants, the 
new permits shall be issued by the Regional Director through a lottery.
    (ii) Second priority to receive limited access permits under 
paragraph (g) goes to owners with the most points, based upon a point 
system. If two or more owners have the same number of points and there 
are insufficient permits for all such owners, the Regional Director 
shall issue the permits through a lottery. Under the point system, 
limited access permits will be issued, in descending order, beginning 
with owners who have the most points and proceeding to owners who have 
the least points, based on the following:
    (A) Three points shall be assigned for each calendar year after 
August 8, 1985, that the applicant was the operator of a vessel that 
was used to land lobster from Permit Area 1.
    (B) Two points shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in either commercial fishing in 
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other 
than lobster with an intention to sell all or part of the catch.
    (C) One point shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in any other commercial fishing in 
the EEZ surrounding Hawaii.
    (5) A holder of a new limited access permit must own at least a 50-
percent share in the vessel that the permit would cover.


Sec. 660.42  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 660.16, it is unlawful for any person to do 
any of the following:
    (a) In Permit Area 1, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) Without a limited access permit issued under Sec. 660.41;
    (ii) By methods other than lobster traps or by hand for lobsters, 
as specified in Sec. 660.48;
    (iii) From closed areas for lobsters, as specified in Sec. 660.46;
    (iv) During a closed season, as specified in Sec. 660.45; or
    (v) After the closure date, as specified in Sec. 660.50, and until 
the fishery opens again in the following calendar year.
    (2) Fail to report before landing or offloading as specified in 
Sec. 660.43.
    (3) Fail to comply with any protective measures implemented under 
Sec. 660.51 or Sec. 660.52.
    (4) Possess on a fishing vessel in the crustaceans fishery 
management area any lobster trap when fishing for lobster is prohibited 
as specified in Secs. 660.45, 660.50, 660.51, or 660.52.
    (5) Leave a trap unattended in the Management Area except as 
provided in Sec. 660.48.
    (6) Maintain on board the vessel or in the water more than 1,200 
traps per fishing vessel, of which no more than 1,100 can be assembled 
traps, as specified in Sec. 660.48.
    (7) Land lobsters taken in Permit Area 1 after the closure date, as 
specified in Sec. 660.50, until the fishery opens again the following 
year.
    (8) Refuse to make available to an authorized officer and employee 
of NMFS designated by the Regional Director for inspection and copying 
any records that must be made available in accordance with 
Sec. 660.14(f)(2).
    (b) In Permit Area 2, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) By methods other than lobster traps or by hand, as specified in 
Sec. 660.48; or
    (ii) During a closed season, as specified in Sec. 660.45(b).
    (2) Retain or possess on a fishing vessel any lobster taken in 
Permit Area 2 that is less than the minimum size specified in 
Sec. 660.44.
    (3) Possess on a fishing vessel any lobster or lobster part taken 
in Permit Area 2 in a condition where the lobster is not whole and 
undamaged as specified in Sec. 660.44.
    (4) Retain or possess on a fishing vessel, or remove the eggs from, 
any egg-bearing lobster, as specified in Sec. 660.44.


Sec. 660.43  Notifications.

    (a) The operator of any vessel subject to the requirements of this 
subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Director will notify permit holders of any change 
in the reporting method and schedule required in paragraphs (a)(1) and 
(2) of this section at least 30 days prior to the opening of the 
fishing season.


Sec. 660.44  Lobster size and condition restrictions--Permit Area 2.

     (a) Only spiny lobsters with a carapace length of 8.26 cm or 
greater may be retained (see Figure 3 of this subpart).
    (b) Any lobster with a punctured or mutilated body, or a separated 
carapace and tail, may not be retained.
    (c) A female lobster of any size may not be retained if it is 
carrying eggs externally. Eggs may not be removed from female lobsters.


Sec. 660.45  Closed seasons.

    (a) Lobster fishing is prohibited in Permit Area 1 during the 
months of January through June, inclusive.
    (b) Lobster fishing is prohibited in Permit Area 2 during the 
months of June, July, and August.

[[Page 34584]]

Sec. 660.46  Closed areas.

    All lobster fishing is prohibited:
    (a) Within 20 nm of Laysan Island.
    (b) Within the EEZ landward of the 10-fathom curve as depicted on 
National Ocean Survey Charts, Numbers 19022, 19019, and 19016.


Sec. 660.47  Gear identification.

    In Permit Area 1, the vessel's official number must be marked 
legibly on all traps and floats maintained on board the vessel or in 
the water by that vessel.


Sec. 660.48  Gear restrictions.

    (a) Permit Area 1. (1) Lobsters may be taken only with lobster 
traps or by hand. Lobsters may not be taken by means of poisons, drugs, 
other chemicals, spears, nets, hook, or explosives.
    (2) The smallest opening of an entry way of any lobster trap may 
not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in 
diameter to pass from outside the trap to inside the trap.
    (3) Each lobster trap must have a minimum of two escape vent panels 
that meet the following requirements:
    (i) Panels must have at least four unobstructed circular holes no 
smaller than 67 mm in diameter, with centers at least 82 mm apart.
    (ii) The lowest part of any opening in an escape vent panel must 
not be more than 85 mm above the floor of the trap.
    (iii) Panels must be placed opposite one another in each trap.
    (4) A vessel fishing for or in possession of lobster in any permit 
area may not have on board the vessel any trap that does not meet the 
requirements of paragraphs (a)(1), (2), and (3) of this section.
    (5) A maximum of 1,200 traps per vessel may be maintained on board 
or in the water, provided that no more than 1,100 assembled traps are 
maintained on board or in the water. If more than 1,100 traps are 
maintained, the unassembled traps may be carried as spares only, in 
order to replace assembled traps that may be lost or become unusable.
    (6) Traps shall not be left unattended in any permit area, except 
in the event of an emergency, in which case the vessel operator must 
notify the NMFS Law Enforcement Office of the emergency that 
necessitated leaving the traps on the grounds, and the location and 
number of the traps, within 24 hours after the vessel reaches port.
    (b) Permit Area 2. Lobsters may be taken only with lobster traps or 
by hand. Lobsters may not be taken by means of poisons, drugs, other 
chemicals, spears, nets, hooks, or explosives.


Sec. 660.49  At-sea observer coverage.

    All fishing vessels subject to this subpart and subpart B of this 
part must carry an observer when requested to do so by the Regional 
Director.


Sec. 660.50  Harvest limitation program.

    (a) General. A harvest guideline for Permit Area 1 will be set 
annually for the calendar year and shall:
    (1) Apply to the total catch of spiny and slipper lobsters.
    (2) Be expressed in terms of numbers of lobsters.
    (b) Harvest guideline. (1) The Regional Director shall use 
information from daily lobster catch reports and lobster sales reports 
from previous years, and may use information from research sampling and 
other sources, to establish the annual harvest guideline in accordance 
with the FMP.
    (2) NMFS shall publish a document indicating the annual harvest 
guideline in the Federal Register by March 31 each year, and shall use 
other means to notify permit holders of the harvest guideline for the 
year.
    (3) The Regional Director shall determine, on the basis of the 
information reported to NMFS during the open season by the operator of 
each vessel fishing, when the harvest guideline will be reached. Notice 
of this determination, with a specification of the closure date after 
which fishing for lobster or further landings of lobster taken in 
Permit Area 1 will be prohibited, will be provided to each permit 
holder and operator of each permitted vessel or announced in the 
Federal Register. At least 5 days advance notice of the effective date 
of the prohibition on landings will be given.
    (c) Monitoring and adjustment. The operator of each vessel fishing 
during the open season shall report lobster catch (by species) and 
effort (number of trap hauls) data while at sea to NMFS in Honolulu. 
The Regional Director shall notify permit holders of the reporting 
method, schedule, and logistics at least 30 days prior to the opening 
of the fishing season.


Sec. 660.51  Monk seal protective measures.

    (a) General. This section establishes a procedure that will be 
followed if the Regional Director receives a report of a monk seal 
death that appears to be related to the lobster fishery in Permit Area 
1.
    (b) Notification. Upon receipt of a report of a monk seal death 
that appears to be related to the lobster fishery, the Regional 
Director will notify all interested parties of the facts known about 
the incident. The Regional Director will also notify them that an 
investigation is in progress, and that, if the investigation reveals a 
threat of harm to the monk seal population, protective measures may be 
implemented.
    (c) Investigation. (1) The Regional Director will investigate the 
incident reported and will attempt to:
    (i) Verify that the incident occurred.
    (ii) Determine the extent of the harm to the monk seal population.
    (iii) Determine the probability of a similar incident recurring.
    (iv) Determine details of the incident such as:
    (A) The number of animals involved.
    (B) The cause of the mortality.
    (C) The age and sex of the dead animal(s).
    (D) The relationship of the incident to the reproductive cycle, for 
example, breeding season (March-September), non-breeding season 
(October- February).
    (E) The population estimates or counts of animals at the island 
where the incident occurred.
    (F) Any other relevant information.
    (v) Discover and evaluate any extenuating circumstances.
    (vi) Evaluate any other relevant factors.
    (2) The Regional Director will make the results of the 
investigation available to the interested parties and request their 
advice and comments.
    (d) Determination of relationship. The Regional Director will 
review and evaluate the results of the investigation and any comments 
received from interested parties. If there is substantial evidence that 
the death of the monk seal was related to the lobster fishery, the 
Regional Director will:
    (1) Advise the interested parties of his or her conclusion and the 
facts upon which it is based.
    (2) Request from the interested parties their advice on the 
necessity of protective measures and suggestions for appropriate 
protective measures.
    (e) Determination of response. The Regional Director will consider 
all relevant information discovered during the investigation or 
submitted by interested parties in deciding on the appropriate 
response. Protective measures may include, but are not limited to, 
changes in trap design, changes in gear, closures of specific areas, or 
closures for specific periods of time.
    (f) Action by the Regional Director. If the Regional Director 
decides that protective measures are necessary and appropriate, the 
Regional Director will prepare a document that describes the incident, 
the protective measures

[[Page 34585]]

proposed, and the reasons for the protective measures; provide it to 
the interested parties; and request their comments.
    (g) Implementation of protective measures. (1) If, after completing 
the steps described in paragraph (f) of this section, the Regional 
Director concludes that protective measures are necessary and 
appropriate, the Regional Director will recommend the protective 
measures to the Assistant Administrator and provide notice of this 
recommendation to the Chairman of the Council and the Director of the 
Division of Aquatic Resources, Department of Land and Natural 
Resources, State of Hawaii.
    (2) If the Assistant Administrator concurs with the Regional 
Director's recommendation, NMFS will publish an action in the Federal 
Register that includes a description of the incident that triggered the 
procedure described in this section, the protective measures, and the 
reasons for the protective measures.
    (h) Notification of ``no action.'' If, at any point in the process 
described in this section, the Regional Director or Assistant 
Administrator decides that no further action is required, the 
interested parties will be notified of this decision.
    (i) Effective dates. (1) The protective measures will take effect 
10 days after the date of publication in the Federal Register.
    (2) The protective measures will remain in effect for the shortest 
of the following time periods:
    (i) Until the Crustaceans FMP and this section are amended to 
respond to the problem;
    (ii) Until other action that will respond to the problem is taken 
under the ESA;
    (iii) Until the Assistant Administrator, following the procedures 
set forth in paragraph (j) of this section, decides that the protective 
measures are no longer required and repeals the measures; or
    (iv) For the period of time set forth in the Federal Register 
notification, not to exceed 3 months. The measures may be renewed for 3 
months after again following procedures in paragraphs (b) through (g) 
of this section.
    (j) Repeal. (1) If the Assistant Administrator decides that 
protective measures may no longer be necessary for the protection of 
monk seals, the interested parties will be notified of this preliminary 
decision and the facts upon which it is based. The Assistant 
Administrator will request advice on the proposed repeal of the 
protective measures.
    (2) The Assistant Administrator will consider all relevant 
information obtained by the Regional Director or submitted by 
interested parties in deciding whether to repeal the protective 
measures.
    (3) If the Assistant Administrator decides to repeal the protective 
measures--
    (i) Interested parties will be notified of the decision; and
    (ii) Notification of repeal and the reasons for the repeal will be 
published in the Federal Register.


Sec. 660.52  Monk seal emergency protective measures.

    (a) Determination of emergency. If, at any time during the process 
described in Sec. 660.51, the Regional Director determines that an 
emergency exists involving monk seal mortality related to the lobster 
fishery and that measures are needed immediately to protect the monk 
seal population, the Regional Director will--
    (1) Notify the interested parties of this determination and request 
their immediate advice and comments.
    (2) Forward a recommendation for emergency action and any advice 
and comments received from interested parties to the Assistant 
Administrator.
    (b) Implementation of emergency measures. If the Assistant 
Administrator agrees with the recommendation for emergency action--
    (1) The Regional Director will determine the appropriate emergency 
protective measures.
    (2) NMFS will publish the emergency protective measures in the 
Federal Register.
    (3) The Regional Director will notify the interested parties of the 
emergency protective measures. Holders of permits to fish in Permit 
Area I will be notified by certified mail. Permit holders that the 
Regional Director knows are on the fishing grounds also will be 
notified by radio.
    (c) Effective dates. (1) Emergency protective measures are 
effective against a permit holder at 12:01 a.m., local time, of the day 
following the day the permit holder receives actual notice of the 
measures.
    (2) Emergency protective measures are effective for 10 days from 
the day following the day the first permit holder is notified of the 
protective measures.
    (3) Emergency protective measures may be extended for an additional 
10 days, if necessary, to allow the completion of the procedures set 
out in Sec. 660.51.


Sec. 660.53   Framework procedures.

    (a) Introduction. New management measures may be added through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in Permit Areas 1, 2, or 3. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Crustaceans Plan Team will prepare an annual report on the fisheries in 
the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures 
are management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council may recommend to the Regional Director that established 
measures be modified, removed, or re-instituted. Such recommendation 
shall include supporting rationale and analysis, and shall be made 
after advance public notice, public discussion, and consideration of 
public comment. NMFS may implement the Council's recommendation by 
rulemaking if approved by the Regional Director.
    (d) Procedure for New Measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council will publicize, including by a Federal Register document, 
and solicit public comment on, any proposed new management measure. 
After a Council meeting at which the measure is discussed, the Council 
will consider recommendations and prepare a Federal Register document 
summarizing the Council's deliberations, rationale, and analysis for 
the preferred action, and the time and place for any subsequent Council 
meeting(s) to consider the new measure. At subsequent public 
meeting(s), the Council will consider public comments and other 
information received to make a recommendation to the Regional Director 
about any new measure. NMFS may implement the Council's recommendation 
by rulemaking if approved by the Regional Director.

[[Page 34586]]

Sec. 660.54   Five-year review.

    The Council, in cooperation with NMFS, will conduct a review of the 
effectiveness and impacts of the NWHI management program, including 
biological, economic, and social aspects of the fishery, by July 1, 
2001.

Subpart E--Bottomfish and Seamount Groundfish Fisheries


Sec. 660.61   Permits.

    (a) Applicability. (1) The owner of any vessel being used to fish 
for bottomfish or seamount groundfish species in the management area 
must have a permit issued under this section for that vessel.
    (2) No vessel owner may have permits for a single vessel to harvest 
bottomfish in the Ho'omalu Zone and the Mau Zone at the same time.
    (b) Application. (1) An application for a permit required under 
this section will be submitted to the Pacific Area Office as described 
in Sec. 660.13.
    (2) Before the Regional Director issues a Mau Zone or Ho'omalu zone 
permit to fish for bottomfish under this section, the primary operator 
and relief operator named on the application form must have completed a 
protected species workshop conducted by NMFS.
    (3) Each applicant for a Ho'omalu zone permit will submit a 
supplementary information sheet to be provided by the Pacific Area 
Office. Each application for a Ho'omalu zone permit will be signed by 
the vessel owner or a designee and include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit; and
    (ii) Copies of landings receipts or other documentation, with a 
certification from a state or Federal agency that this information is 
accurate, to demonstrate participation in the NWHI bottomfish fishery; 
or
    (iii) If the application is filed by a partnership or corporation, 
the application must identify the names of the owners and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu Zone permits to new vessel owners. 
(1) A Ho'omalu zone permit shall not be sold or otherwise transferred 
to a new owner.
    (2) A Ho'omalu zone permit or permits may be held by a partnership 
or corporation. If 50 percent or more of the ownership of the vessel 
passes to persons other than those listed in the original application, 
the permit will lapse and must be surrendered to the Regional Director.
    (d) Transfer of permits to replacement vessels. (1) An owner of a 
permitted vessel may, without limitation, transfer his or her permit to 
another vessel owned by him or her, provided that the replacement 
vessel does not exceed 60 ft (18.3 m) in length and that the 
replacement vessel is put into service within 12 months after the owner 
declares to the Regional Director the intent to make the transfer of 
the permit.
    (2) An owner of a permitted vessel may apply to the Regional 
Director for approval to use the permit for a replacement vessel 
greater than 60 ft (18.3 m) in length. The Regional Director may allow 
this change upon determining, after consultation with the Council and 
considering the objectives of the limited access program, that the 
replacement vessel has equal catching power as the original vessel, or 
that the replacement vessel has catching power that is comparable to 
the rest of the vessels holding permits for the fishery, and that the 
change is not inconsistent with the objectives of the program.
    (3) The Regional Director shall consider vessel length, range, hold 
capacity, gear limitations, and other appropriate factors in making 
determinations of catching power equivalency and comparability of the 
catching power of vessels in the fishery.
    (e) Supplementary requirements for permit renewal. (1) A permit 
will be eligible for renewal if the vessel covered by the permit makes 
three or more qualifying landings as defined in Sec. 660.12 during the 
permit year.
    (2) The owner of a permitted vessel that did not make three or more 
qualifying landings of bottomfish in a year may apply to the Regional 
Director for waiver of the landing requirement. If the Regional 
Director finds that failure to make three landings was due to 
circumstances beyond the owner's control, the Regional Director may 
renew the permit. A waiver may not be granted if the failure to make 
three landings was due to general economic conditions or market 
conditions, such that the vessel operations would not be profitable.
    (f) Supplementary requirements for new limited access permits. The 
Regional Director may issue new vessel permits under this part when the 
Regional Director has determined, in consultation with the Council, 
that bottomfish stocks in the Ho'omalu Zone are able to support 
additional fishing effort. This shall be established by determining 
that the total estimated annual revenue to the fleet exceeds the total 
estimated annual fixed and variable costs to the fleet in the Ho'omalu 
Zone by an amount at least equal to the average cost of a vessel year. 
This determination shall be made and published annually in association 
with the annual report required under Sec. 660.67.
    (g) Eligibility for new limited access permits. When the Regional 
Director has determined that new permits may be issued, they shall be 
issued to applicants based upon eligibility, determined as follows:
    (1) Point system. (i) Two points shall be assigned for each year in 
which the applicant was owner or captain of a vessel that made three or 
more qualifying landings of bottomfish from the NWHI.
    (ii) One point shall be assigned for each year in which the 
applicant was owner or captain of a vessel that landed at least 6,000 
lb (2,722 kg) of bottomfish from the main Hawaiian Islands.
    (iii) Points will be assigned only under paragraph (g)(1)(i) or 
(ii) of this section for any 1 year.
    (iv) Points will be assigned for every year for which the requisite 
landings can be documented.
    (2) Restrictions. An applicant must own at least a 25-percent share 
in the vessel that the permit would cover, and only one permit will be 
assigned to any vessel.
    (3) Order of issuance. New permits shall be awarded to applicants 
in descending order, starting with the applicant with the largest 
number of points. If two or more persons have an equal number of 
points, and there are insufficient new permits for all such applicants, 
the new permits shall be awarded by the Regional Director through a 
lottery.
    (4) Notification. The Regional Director shall place a notice in the 
Federal Register and shall use other means to notify prospective 
applicants of the opportunity to file applications for new permits 
under this program.
    (h) Appeals of permit actions. (1) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, conditioning, or suspension of their 
permit or a permit affecting their interests to the Assistant 
Administrator. In order to be considered by the Assistant 
Administrator, such appeal must be in writing, must state the action(s) 
appealed, and the reasons therefor, and must be submitted within 30 
days of the action(s) by the Regional Director. The appellant may 
request an informal hearing on the appeal.
    (2) Upon receipt of an appeal authorized by this section, the 
Assistant Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information and 
in such form as will allow action upon the appeal.

[[Page 34587]]

Upon receipt of sufficient information, the Assistant Administrator 
will decide the appeal in accordance with the permit eligibility 
criteria set forth in this section and the amendment to the FMP, as 
appropriate, based upon information relative to the application on file 
at NMFS and the Council and any additional information, the summary 
record kept of any hearing and the hearing officer's recommended 
decision, if any, and such other considerations as deemed appropriate. 
The Assistant Administrator will notify all interested persons of the 
decision, and the reasons therefor, in writing, normally within 30 days 
of the receipt of sufficient information, unless additional time is 
needed for a hearing.
    (3) If a hearing is requested, or if the Assistant Administrator 
determines that one is appropriate, the Assistant Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject 
matter of the hearing in the Federal Register. Such a hearing shall 
normally be held no later than 30 days following publication of the 
notice in the Federal Register, unless the hearing officer extends the 
time for reasons deemed equitable. The appellant, the applicant (if 
different), and, at the discretion of the hearing officer, other 
interested persons, may appear personally or be represented by counsel 
at the hearing and submit information and present arguments as 
determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend in writing 
a decision to the Assistant Administrator.
    (4) The Assistant Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Assistant Administrator will notify interested 
persons of the decision, and the reason(s) therefore, in writing, 
within 30 days of receipt of the hearing officer's recommended 
decision. The Assistant Administrator's action shall constitute final 
action for the agency for the purposes of the APA.
    (5) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Assistant Administrator for good 
cause, either upon his or her own motion or upon written request from 
the appellant or applicant stating the reason(s) therefore.


Sec. 660.62  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and Sec. 660.15, it is unlawful for any person to do 
any of the following:
    (a) Fish for bottomfish or seamount groundfish using gear 
prohibited under Sec. 660.64.
    (b) Fish for bottomfish in the Ho'omalu Zone without a limited 
access permit issued under Secs. 660.13 and 660.61.
    (c) Fish for bottomfish in the Mau Zone without a permit issued 
under Secs. 660.13 and 660.61.
    (d) Serve as primary operator or relief operator on a vessel with a 
Mau or Ho'omalu Zone permit without completing a protected species 
workshop conducted by NMFS, as required by Sec. 660.61.
    (e) Fail to notify the USCG at least 24 hours prior to making any 
landing of bottomfish taken in the Ho'omalu Zone, as required by 
Sec. 660.63.
    (f) Fish within any protected species study zone in the NWHI 
without notifying the Regional Director of the intent to fish in these 
zones, as required under Sec. 660.63.


Sec. 660.63  Notification.

    (a) The owner or operator of a fishing vessel subject to this 
subpart must inform the Pacific Area Office at least 72 hours (not 
including weekends and holidays) before leaving port, of his or her 
intent to fish within the protected species study zones defined in 
Sec. 660.12. The notice must include the name of the vessel, name of 
the operator, intended departure and return date, and a telephone 
number at which the owner or operator may be contacted during the 
business day (8 a.m. to 5 p.m.) to indicate whether an observer will be 
required on the subject fishing trip.
    (b) The operator of a fishing vessel that has taken bottomfish in 
the Ho'omalu Zone must contact the USCG, by radio or otherwise, at the 
14th District, Honolulu, HI; Pacific Area, San Francisco, CA; or 17th 
District, Juneau, AK, at least 24 hours before landing, and report the 
port and the approximate date and time at which the bottomfish will be 
landed.


Sec. 660.64  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for bottomfish 
and seamount groundfish with bottom trawls and bottom set gillnets is 
prohibited.
    (b) Possession of gear. Possession of a bottom trawl and bottom set 
gillnet by any vessel having a permit under Sec. 660.61 or otherwise 
established to be fishing for bottomfish or seamount groundfish in the 
management subareas is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish and seamount groundfish is prohibited.


Sec. 660.65  At-sea observer coverage.

    (a) All fishing vessels subject to this subpart must carry an 
observer when directed to do so by the Regional Director.
    (b) The Pacific Area Office will advise the vessel owner or 
operator of any observer requirement within 72 hours (not including 
weekends or holidays) of receipt of the notice. If an observer is 
required, the owner or operator will be informed of the terms and 
conditions of observer coverage, and the time and place of embarkation 
of the observer.
    (c) All observers must be provided with sleeping, toilet, and 
eating accommodations at least equal to that provided to a full crew 
member. A mattress of futon on the floor or a cot is not acceptable in 
place of a regular bunk. Meal and other gallery privileges must be the 
same for the observer as for other crew members.
    (d) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing of common facilities must be 
established and approved by the Regional Director prior to the vessel's 
departure from port.


Sec. 660.66  Protected species conservation.

    The Regional Director may change the size of the protected species 
study zones defined in Sec. 660.12 of this subpart:
    (a) If the Regional Director determines that a change in the size 
of the study zones would not result in fishing for bottomfish in the 
NWHI that would adversely affect any species listed as threatened or 
endangered under the ESA.
    (b) After consulting with the Council.
    (c) Through notification in the Federal Register published at least 
30 days prior to the effective date or through actual notice to the 
permit holders.


Sec. 660.67  Framework for regulatory adjustments.

    (a) Annual reports. By June 30 of each year, a Council-appointed 
bottomfish monitoring team will prepare an annual report on the fishery 
by area covering the following topics:
    (1) Fishery performance data.

[[Page 34588]]

    (2) Summary of recent research and survey results.
    (3) Habitat conditions and recent alterations.
    (4) Enforcement activities and problems.
    (5) Administrative actions (e.g., data collection and reporting, 
permits).
    (6) State and territorial management actions.
    (7) Assessment of need for Council action (including biological, 
economic, social, enforcement, administrative, and state/Federal needs, 
problems, and trends). Indications of potential problems warranting 
further investigation may be signaled by the following indicator 
criteria:
    (i) Mean size of the catch of any species in any area is a pre-
reproductive size.
    (ii) Ratio of fishing mortality to natural mortality for any 
species.
    (iii) Harvest capacity of the existing fleet and/or annual landings 
exceed best estimate of MSY in any area.
    (iv) Significant decline (50 percent or more) in bottomfish catch 
per unit of effort from baseline levels.
    (v) Substantial decline in ex-vessel revenue relative to baseline 
levels.
    (vi) Significant shift in the relative proportions of gear in any 
one area.
    (vii) Significant change in the frozen/fresh components of the 
bottomfish catch.
    (viii) Entry/exit of fishermen in any area.
    (ix) Per-trip costs for bottomfishing exceed per-trip revenues for 
a significant percentage of trips.
    (x) Significant decline or increase in total bottomfish landings in 
any area.
    (xi) Change in species composition of the bottomfish catch in any 
area.
    (xii) Research results.
    (xiii) Habitat degradation or environmental problems.
    (xiv) Reported interactions between bottomfishing operations and 
protected species in the NWHI.
    (8) Recommendations for Council action.
    (9) Estimated impacts of recommended action.
    (b) Recommendation of management action. (1) The team may present 
management recommendations to the Council at any time. Recommendations 
may cover actions suggested for Federal regulations, state/territorial 
action, enforcement or administrative elements, and research and data 
collection. Recommendations will include an assessment of urgency and 
the effects of not taking action.
    (2) The Council will evaluate the team's reports and 
recommendations, and the indicators of concern. The Council will assess 
the need for one or more of the following types of management action: 
Catch limits, size limits, closures, effort limitations, access 
limitations, or other measures.
    (3) The Council may recommend management action by either the 
state/territorial governments or by Federal regulation.
    (c) Federal management action. (1) If the Council believes that 
management action should be considered, it will make specific 
recommendations to the Regional Director after requesting and 
considering the views of its Scientific and Statistical Committee and 
Bottomfish Advisory Panel and obtaining public comments at a public 
hearing.
    (2) The Regional Director will consider the Council's 
recommendation and accompanying data, and, if he or she concurs with 
the Council's recommendation, will propose regulations to carry out the 
action. If the Regional Director rejects the Council's proposed action, 
a written explanation for the denial will be provided to the Council 
within 2 weeks of the decision.
    (3) The Council may appeal denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (4) The Regional Director and the Assistant Administrator will make 
their decisions in accord with the Magnuson Act, other applicable law, 
and the Bottomfish FMP.
    (5) To minimize conflicts between the Federal and state management 
systems, the Council will use the procedures in paragraph (b) of this 
section to respond to state/territorial management actions. Council 
consideration of action would normally begin with a representative of 
the state or territorial government bringing a potential or actual 
management conflict or need to the Council's attention.
    (d) Access limitation procedures. (1) Access limitation may be 
adopted under this paragraph (d) only for the NWHI, American Samoa, and 
Guam.
    (2) If access limitation is proposed for adoption or subsequent 
modification through the process described in this paragraph (d), the 
following requirements must be met:
    (i) The Bottomfish Monitoring Team must consider and report to the 
Council on present participation in the fishery; historical fishing 
practices in, and dependence on, the fishery; economics of the fishery; 
capability of fishing vessels used in the fishery to engage in other 
fisheries; cultural and social framework relevant to the fishery; and 
any other relevant considerations.
    (ii) Public hearings must be held specifically addressing the 
limited access proposals.
    (iii) A specific advisory subpanel of persons experienced in the 
fishing industry will be created to advise the Council and the Regional 
Director on administrative decisions.
    (iv) The Council's recommendation to the Regional Director must be 
approved by a two-thirds majority of the voting members.
    (3) If prior participation in the fishery is used as a factor in 
any access limitation system recommended by the Council, August 7, 
1985, is the date selected by the Council as the date to be used for 
the NWHI and May 30, 1986, for American Samoa and Guam.


Sec. 660.68  Fishing moratorium on Hancock Seamount.

    Fishing for bottomfish and seamount groundfish on the Hancock 
Seamount is prohibited through August 31, 1998.


Sec. 660.69  Management subareas.

    (a) The bottomfish fishery management area is divided into five 
subareas for the regulation of bottomfish and seamount groundfish 
fishing with the following designations and boundaries:
    (1) Main Hawaiian Islands means the EEZ of the Hawaiian Islands 
Archipelago lying to the east of 161 deg.20' W. long.
    (2) Northwestern Hawaiian Islands (NWHI) means the EEZ of the 
Hawaiian Islands Archipelago lying to the west of 161 deg.20' W. long. 
However, for the purposes of regulations issued under this subpart, 
Midway Island is treated as part of the Northwestern Hawaiian Islands 
Subarea.
    (i) Ho'omalu Zone means that portion of the EEZ around the NWHI 
west of 165 deg. W. long.
    (ii) Mau Zone means that portion of the EEZ around the NWHI between 
161 deg.20' W. long. and 165 deg. W. long.
    (3) Hancock Seamount means that portion of the EEZ in the 
Northwestern Hawaiian Islands west of 180 deg.00' W. long. and north of 
28 deg.00' N. lat.
    (4) Guam means the EEZ seaward of the Territory of Guam.
    (5) American Samoa means the EEZ seaward of the Territory of 
American Samoa.
    (b) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the State of Hawaii, the 
Territory of American Samoa, and the Territory of Guam (the ``3 mile-
limit'').
    (c) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is

[[Page 34589]]

200 nautical miles from the baseline from which the territorial sea is 
measured, or is coterminous with adjacent international maritime 
boundaries. The outer boundary of the fishery management area north of 
Guam will extend to those points which are equidistant between Guam and 
the island of Rota in the Commonwealth of the Northern Mariana Islands.

Subpart F--Precious Corals Fisheries


Sec. 660.81  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining precious coral in any precious coral permit area must have a 
permit issued under Sec. 660.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec. 660.12.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Director any current permit for the precious corals fishery 
issued under Sec. 660.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious corals fishery are 
contained in Sec. 660.13.


Sec. 660.82  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter and in Sec. 660.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
precious coral in any precious coral permit area, unless a permit has 
been issued for that vessel and area as specified in Sec.  660.13 and 
that permit is on board the vessel.
    (b) Fish for, take, or retain any species of precious coral in any 
precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 660.88.
    (2) In refugia specified in Sec. 660.12.
    (3) In a bed for which the quota specified in Sec. 660.84 has been 
attained.
    (4) In violation of any permit issued under Sec. 660.13 or 
Sec. 660.17.
    (c) Take and retain, possess, or land any pink coral from the 
Makapuu Bed (Permit Area E-B-1), Keahole Point Bed (Permit Area C-B-1), 
or Kaena Point Bed (Permit Area C-B-2) that is less than the minimum 
height specified in Sec. 660.86, unless:
    (1) A valid EFP was issued under Sec. 660.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.


Sec. 660.83  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year, except at the Makapuu Bed, which has a 2-
year fishing period that begins July 1 and ends June 30, 2 years later.


Sec. 660.84  Quotas.

    (a) General. The quotas limiting the amount of precious coral that 
may be taken in any precious coral permit area during the fishing year 
are listed in Table 1 of this part. Only live coral is counted toward 
the quota. The accounting period for all quotas begins July 1, 1983.
    (b) Conditional bed closure. A conditional bed will be closed to 
all nonselective coral harvesting after the quota for one species of 
coral has been taken.
    (c) Reserves and reserve release. The quotas for exploratory areas 
will be held in reserve for harvest by vessels of the United States in 
the following manner:
    (1) At the start of the fishing year, the reserve for each of the 
three exploratory areas will equal the quota minus the estimated 
domestic annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the 
Regional Director will determine the amount harvested by vessels of the 
United States between July 1 and December 31 of that year.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota minus two times the amount 
harvested by vessels of the United States in that July 1 through 
December 31 period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Director's determination and a summary of the information on 
which it is based as soon as practicable after the determination is 
made.


Sec. 660.85  Closures.

    (a) If the Regional Director determines that the harvest quota for 
any coral bed will be reached prior to the end of the fishing year, or 
the end of the 2-year fishing period at Makapuu Bed, NMFS will issue a 
field order closing the bed involved by publication of an action in the 
Federal Register, and through appropriate news media. Any such field 
order must indicate the reason for the closure, the bed being closed, 
and the effective date of the closure.
    (b) A closure is also effective for a permit holder upon the permit 
holder's actual harvest of the applicable quota.


Sec. 660.86  Size restrictions.

    Pink coral harvested from the Makapuu bed (E-B-1), the Keahole 
Point Bed (C-B-1), and the Kaena Point Bed (C-B-2), must have attained 
a minimum height of 10 inches (25.4 cm). There are no size limits for 
precious coral from other beds or other species.


Sec. 660.87  Area restrictions.

    Fishing for coral on the WestPac Bed is not allowed. The specific 
area closed to fishing is all waters within a 2-nm radius of the 
midpoint of 23 deg.18.0' N. lat., 162 deg.35.0' W. long.


Sec. 660.88  Gear restrictions.

    (a) Selective gear. Only selective gear may be used to harvest 
coral from the EEZ of the main Hawaiian Islands.
    (b) Selective or non-selective gear. Either selective or non-
selective gear may be used to harvest coral from Brooks Bank, 180 
Fathom Bank, and exploratory areas other than the EEZ off the main 
Hawaiian Islands.

Subpart G--West Coast Groundfish Fisheries


660.301  Purpose and scope.

    This subpart implements the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP) developed by the Pacific Fishery Management 
Council. These regulations govern groundfish fishing vessels of the 
United States in the EEZ off the coasts of Washington, Oregon, and 
California. All weights are in round weight or round-weight 
equivalents, unless specified otherwise.


Sec. 660.302  Definitions.

    At-sea processing means processing that takes place on a vessel or 
other platform that floats and is capable of being moved from one 
location to another, whether shoreside or on the water.
    Closure, when referring to closure of a fishery, means that taking 
and retaining, possessing, or landing the particular species or species 
group is prohibited.
    Commercial fishing means:
    (1) Fishing by a person who possesses a commercial fishing license 
or is required by law to possess such license issued by one of the 
states or the Federal Government as a prerequisite to taking, landing 
and/or sale; or

[[Page 34590]]

    (2) Fishing that results in or can be reasonably expected to result 
in sale, barter, trade or other disposition of fish for other than 
personal consumption.
    Commercial harvest guideline or commercial quota means the harvest 
guideline or quota after subtracting any allocation for the Pacific 
Coast treaty Indian tribes or for recreational fisheries. Limited entry 
and open access allocations are based on the commercial harvest 
guideline or quota.
    Council means the Pacific Fishery Management Council, including its 
Groundfish Management Team, Scientific and Statistical Committee (SSC), 
Groundfish Advisory Subpanel (GAP), and any other committee established 
by the Council.
    Exempted gear means all types of fishing gear except longline, trap 
(or pot), and groundfish trawl gear. Exempted gear includes trawl gear 
used to take pink shrimp, spot and ridgeback prawns, California halibut 
south of Pt. Arena, CA, and sea cucumber south of Pt. Arena, under the 
authority of a State of California limited entry permit for the sea 
cucumber fishery.
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nm offshore, and bounded on 
the north by the Provisional International Boundary between the United 
States and Canada, and bounded on the south by the International 
Boundary between the United States and Mexico.
    Fisheries Management Division (FMD) means the Chief, Fisheries 
Management Division, Northwest Regional Office, NMFS, or a designee.
    Fishing gear includes the following types of gear and equipment 
used in the groundfish fishery:
    (1) Bobbin trawl. The same as a roller trawl, a type of bottom 
trawl.
    (2) Bottom trawl. A trawl in which the otter boards or the footrope 
of the net are in contact with the seabed. It includes roller (or 
bobbin) trawls, Danish and Scottish seine gear, and pair trawls fished 
on the bottom. Any trawl not meeting the requirements for a pelagic 
trawl in Sec. 660.322 is a bottom trawl.
    (3) Chafing gear. Webbing or other material attached to the codend 
of a trawl net to protect the codend from wear.
    (4) Codend. (See Sec. 600.10).
    (5) Commercial vertical hook-and-line. Commercial fishing with 
hook-and-line gear that involves a single line anchored at the bottom 
and buoyed at the surface so as to fish vertically.
    (6) Double-bar mesh. Two lengths of twine tied into a single knot.
    (7) Double-walled codend. A codend constructed of two walls of 
webbing.
    (8) Fixed gear (anchored nontrawl gear). Longline, trap or pot, set 
net, and stationary hook-and-line (including commercial vertical hook-
and-line) gears.
    (9) Gillnet. (See Sec. 600.10).
    (10) Hook-and-line. One or more hooks attached to one or more 
lines. It may be stationary (commercial vertical hook-and-line) or 
mobile (troll).
    (11) Longline. A stationary, buoyed, and anchored groundline with 
hooks attached, so as to fish along the seabed. It does not include 
commercial vertical hook-and-line or troll gear.
    (12) Mesh size. The opening between opposing knots. Minimum mesh 
size means the smallest distance allowed between the inside of one knot 
to the inside of the opposing knot, regardless of twine size.
    (13) Nontrawl gear. All legal commercial groundfish gear other than 
trawl gear.
    (14) Pelagic (midwater or off-bottom) trawl. A trawl in which the 
otter boards may be in contact with the seabed but the footrope of the 
net remains above the seabed. It includes pair trawls if fished in 
midwater. A pelagic trawl has no rollers or bobbins on the net.
    (15) Pot. A trap.
    (16) Roller trawl (bobbin trawl). A trawl with footropes equipped 
with rollers or bobbins made of wood, steel, rubber, plastic, or other 
hard material that keep the footrope above the seabed, thereby 
protecting the net. A roller trawl is a type of bottom trawl.
    (17) Set net. A stationary, buoyed, and anchored gillnet or trammel 
net.
    (18) Single-walled codend. A codend constructed of a single wall of 
webbing knitted with single or double-bar mesh.
    (19) Spear. A sharp, pointed, or barbed instrument on a shaft.
    (20) Trammel net. A gillnet made with two or more walls joined to a 
common float line.
    (21) Trap (or pot). A portable, enclosed device with one or more 
gates or entrances and one or more lines attached to surface floats.
    (22) Trawl riblines. Heavy rope or line that runs down the sides, 
top, or underside of a trawl net from the mouth of the net to the 
terminal end of the codend to strengthen the net during fishing.
    Fishing trip is a period of time between landings when fishing is 
conducted.
    Fishing year is the year beginning at 0801 GMT (0001 local time) on 
January 1 and ending at 0800 GMT on January 1 (2400 local time on 
December 31).
    Groundfish means species managed by the PCGFMP, specifically:

Sharks:
    leopard shark, Triakis semifasciata
    soupfin shark, Galeorhinus zyopterus
    spiny dogfish, Squalus acanthias
Skates:
    big skate, Raja binoculata
    California skate, R. inornata
    longnose skate, R. rhina
Ratfish:
    ratfish, Hydrolagus colliei
Morids:
    finescale codling, Antimora microlepis
Grenadiers:
    Pacific rattail, Coryphaenoides acrolepis
Roundfish:
    cabezon, Scorpaenichthys marmoratus
    jack mackerel (north of 39 deg. N. lat.), Trachurus symmetricus
    kelp greenling, Hexagrammos decagrammus
    lingcod, Ophiodon elongatus
    Pacific cod, Gadus macrocephalus
    Pacific whiting, Merluccius productus
    sablefish, Anoplopoma fimbria
Rockfish:
    aurora rockfish, Sebastes aurora
    bank rockfish, S. rufus
    black rockfish, S. melanops
    black and yellow rockfish, S. chrysomelas
    blackgill rockfish, S. melanostomus
    blue rockfish, S. mystinus
    bocaccio, S. paucispinis
    bronzespotted rockfish, S. gilli
    brown rockfish, S. auriculatus
    calico rockfish, S. dalli
    California scorpionfish, Scorpaena guttata
    canary rockfish, Sebastes pinniger
    chilipepper, S. goodei
    China rockfish, S. nebulosus
    copper rockfish, S. caurinus
    cowcod, S. levis
    darkblotched rockfish, S. crameri
    dusty rockfish, S. ciliatus
    flag rockfish, S. rubrivinctus
    gopher rockfish, S. carnatus
    grass rockfish, S. rastrelliger
    greenblotched rockfish, S. rosenblatti
    greenspotted rockfish, S. chlorostictus
    greenstriped rockfish, S. elongatus
    harlequin rockfish, S. variegatus
    honeycomb rockfish, S. umbrosus
    kelp rockfish, S. atrovirens
    longspine thornyhead, Sebastolobus altivelis
    Mexican rockfish, Sebastes macdonaldi
    olive rockfish, S. serranoides
    Pacific ocean perch, S. alutus
    pink rockfish, S. eos
    quillback rockfish, S. maliger
    redbanded rockfish, S. babcocki
    redstripe rockfish, S. proriger
    rosethorn rockfish, S. helvomaculatus
    rosy rockfish, S. rosaceus
    rougheye rockfish, S. aleutianus
    sharpchin rockfish, S. zacentrus
    shortbelly rockfish, S. jordani
    shortraker rockfish, S. borealis
    shortspine thornyhead, Sebastolobus alascanus
    silvergray rockfish, Sebastes brevispinis
    speckled rockfish, S. ovalis
    splitnose rockfish, S. diploproa
    squarespot rockfish, S. hopkinsi
    starry rockfish, S. constellatus

[[Page 34591]]

    stripetail rockfish, S. saxicola
    tiger rockfish, S. nigrocinctus
    treefish, S. serriceps
    vermilion rockfish, S. miniatus
    widow rockfish, S. entomelas
    yelloweye rockfish, S. ruberrimus
    yellowmouth rockfish, S. reedi
    yellowtail rockfish, S. flavidus

    All genera and species of the family Scorpaenidae that occur off 
Washington, Oregon, and California are included, even if not listed 
above. The Scorpaenidae genera are Sebastes, Scorpaena, 
Scorpaenodes, and Sebastolobus.

Flatfish:
    arrowtooth flounder (arrowtooth turbot), Atheresthes stomias
    butter sole, Isopsetta isolepis
    curlfin sole, Pleuronichthys decurrens
    Dover sole, Microstomus pacificus
    English sole, Parophrys vetulus
    flathead sole, Hippoglossoides elassodon
    Pacific sanddab, Citharichthys sordidus
    petrale sole, Eopsetta jordani
    rex sole, Glyptocephalus zachirus
    rock sole, Lepidopsetta bilineata
    sand sole, Psettichthys melanostictus
    starry flounder, Platichthys stellatus

    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under this subpart endorsed for 
trawl gear. It does not include any type of trawl gear listed as 
``exempted gear.''
    Harvest guideline means a specified numerical harvest objective 
that is not a quota. Attainment of a harvest guideline does not require 
closure of a fishery.
    Incidental catch or incidental species means groundfish species 
caught while fishing for the primary purpose of catching a different 
species.
    Land or landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish aboard the vessel are counted as 
part of the landing.
    Length overall (LOA) (with respect to a vessel) means the length 
overall set forth in the Certificate of Documentation (CG-1270) issued 
by the USCG for a documented vessel, or in a registration certificate 
issued by a state or the USCG for an undocumented vessel; for vessels 
that do not have the LOA stated in an official document, the LOA is the 
LOA as determined by the USCG or by a marine surveyor in accordance 
with the USCG method for measuring LOA.
    Limited entry fishery means the fishery composed of vessels using 
trawl gear, longline, and trap (or pot) gear fished pursuant to the 
harvest guidelines, quotas, and other management measures governing the 
limited entry fishery.
    Limited entry gear means longline, trap (or pot), or groundfish 
trawl gear used under the authority of a valid limited entry permit 
affixed with an endorsement for that gear.
    Limited entry permit means the permit required to participate in 
the limited entry fishery, and includes the gear endorsements affixed 
to the permit unless specified otherwise.
    Open access fishery means the fishery composed of vessels using 
exempted gear, and longline and trap (or pot) gear fished pursuant to 
the harvest guidelines, quotas, and other management measures governing 
the open access fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Trawl gear.
    Owner of a vessel or vessel owner, as used in this subpart, means a 
person identified as the current owner in the Certificate of 
Documentation (CG-1270) issued by the USCG for a documented vessel, or 
in a registration certificate issued by a state or the USCG for an 
undocumented vessel.
    Pacific Coast Groundfish Fishery Management Plan (PCGFMP) means the 
Fishery Management Plan for the Washington, Oregon, and California 
Groundfish Fishery developed by the Pacific Fishery Management Council 
and approved by the Secretary on January 4, 1982, and as it may be 
subsequently amended.
    Permit holder means a permit owner or a permit lessee.
    Permit lessee means a person who has the right to possess and use a 
limited entry permit for a designated period of time, with reversion to 
the permit owner.
    Permit owner means a person who owns a limited entry permit.
    Person, as it applies to limited entry and open access fisheries 
conducted under this subpart, means any individual, corporation, 
partnership, association or other entity (whether or not organized or 
existing under the laws of any state), and any Federal, state, or local 
government, or any entity of any such government that is eligible to 
own a documented vessel under the terms of 46 U.S.C. 12102(a).
    Processing or to process means the preparation or packaging of 
groundfish to render it suitable for human consumption, industrial uses 
or long-term storage, including, but not limited to, cooking, canning, 
smoking, salting, drying, filleting, freezing, or rendering into meal 
or oil, but does not mean heading and gutting unless additional 
preparation is done.
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by other applicable law (for 
example, to allow for examination by an authorized observer or to 
return tagged fish as specified by the tagging agency).
    Quota means a specified numerical harvest objective, the attainment 
(or expected attainment) of which causes closure of the fishery for 
that species or species group.
    Recreational fishing means fishing with authorized recreational 
fishing gear for personal use only, and not for sale or barter.
    Regional Director means the Director, Northwest Region, NMFS. For 
fisheries occurring primarily or exclusively in the fishery management 
area seaward of California, ``Regional Director'' means the Director, 
Northwest Region, NMFS, acting upon the recommendation of the Director, 
Southwest Region, NMFS.
    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the year to allow for uncertainties in preseason 
estimates of DAP and JVP.
    Round weight (See Sec. 600.10).
    Shoreside processing means processing that takes place in a 
facility that is fixed permanently to land.
    Specification is a numerical or descriptive designation of a 
management objective, including but not limited to: ABC; harvest 
guideline; quota; limited entry or open access allocation; a set aside 
or allocation for a recreational or treaty Indian fishery; an 
apportionment of the above to an area, gear, season, fishery, or other 
subdivision; DAP, DAH, JVP, TALFF, or incidental bycatch allowances in 
foreign or joint venture fisheries.
    Target fishing means fishing for the primary purpose of catching a 
particular species or species group (the target species).
    Totally lost means the vessel being replaced no longer exists in 
specie, or is absolutely and irretrievably sunk or otherwise beyond the 
possible control of the owner, or the costs of repair (including 
recovery) would exceed the repaired value of the vessel.
    Trip limit means the total allowable amount of a groundfish species 
or species complex by weight, or by percentage of weight of fish on 
board the vessel, that may be taken and retained, possessed, or landed 
from a single fishing trip.


Sec. 660.303  Reporting and recordkeeping.

    (a) This subpart recognizes that catch and effort data necessary 
for implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements. Telephone surveys of the domestic

[[Page 34592]]

industry will be conducted biannually by NMFS to determine amounts of 
fish that will be made available to foreign fishing and JVP. No 
additional Federal reports are required of fishers or processors, so 
long as the data collection and reporting systems operated by state 
agencies continue to provide NMFS with statistical information adequate 
for management.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports of 
groundfish landings containing all data, and in the exact manner, 
required by the applicable state law.


Sec. 660.304   Management areas.

    (a) Vancouver. (1) The northeastern boundary is that part of a line 
connecting the light on Tatoosh Island, WA, with the light on Bonilla 
Point on Vancouver Island, British Columbia (at 48 deg.35'75'' N. lat., 
124 deg.43#00## W. long.) south of the International Boundary between 
the U.S. and Canada (at 48 deg.29#37.19## N. lat., 124 deg.43#33.19## 
W. long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (2) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts #18480 
and #18007:

------------------------------------------------------------------------
                Point                     N. lat.           W. long.    
------------------------------------------------------------------------
1...................................  48 deg.29'37.19  124 deg.43'33.19'
                                       ''               '               
2...................................  48 deg.30'11''   124 deg.47'13''  
3...................................  48 deg.30'22''   124 deg.50'21''  
4...................................  48 deg.30'14''   124 deg.54'52''  
5...................................  48 deg.29'57''   124 deg.59'14''  
6...................................  48 deg.29'44''   125 deg.00'06''  
7...................................  48 deg.28'09''   125 deg.05'47''  
8...................................  48 deg.27'10''   125 deg.08'25''  
9...................................  48 deg.26'47''   125 deg.09'12''  
10..................................  48 deg.20'16''   125 deg.22'48''  
11..................................  48 deg.18'22''   125 deg.29'58''  
12..................................  48 deg.11'05''   125 deg.53'48''  
13..................................  47 deg.49'15''   126 deg.40'57''  
14..................................  47 deg.36'47''   127 deg.11'58''  
15..................................  47 deg.22'00''   127 deg.41'23''  
16..................................  46 deg.42'05''   128 deg.51'56''  
17..................................  46 deg.31'47''   129 deg.07'39''  
------------------------------------------------------------------------

    (3) The southern limit is 47 deg.30' N. lat.
    (b) Columbia. (1) The northern limit is 47 deg.30' N. lat.
    (2) The southern limit is 43 deg.00' N. lat.
    (c) Eureka. (1) The northern limit is 43 deg.00' N. lat.
    (2) The southern limit is 40 deg.30' N. lat.
    (d) Monterey. (1) The northern limit is 40 deg.30' N. lat.
    (2) The southern limit is 36 deg.00' N. lat.
    (e) Conception. (1) The northern limit is 36 deg.00' N. lat.
    (2) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
                Point                      N. lat.          W. long.    
------------------------------------------------------------------------
1...................................  32 deg.35'22''    117 deg.27'49'' 
2...................................  32 deg.37'37''    117 deg.49'31'' 
                                                                        
3...................................  31 deg.07'58''    118 deg.36'18'' 
4...................................  30 deg.32'31''    121 deg.51'58'' 
------------------------------------------------------------------------

    (f) International boundaries. (1) Any person fishing subject to 
this subpart is bound by the international boundaries described in this 
section, notwithstanding any dispute or negotiation between the United 
States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are established or 
recognized by the United States.
    (2) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the States of Washington, 
Oregon, and California (the ``3-mile limit'').
    (3) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nm from the 
baseline from which the territorial sea is measured, or is a 
provisional or permanent international boundary between the United 
States and Canada or Mexico.


Sec. 660.305  Vessel identification.

    (a) Display. The operator of a vessel that is over 25 ft (7.6 m) in 
length and is engaged in commercial fishing for groundfish must display 
the vessel's official number on the port and starboard sides of the 
deckhouse or hull, and on a weather deck so as to be visible from 
above. The number must contrast with the background and be in block 
Arabic numerals at least 18 inches (45.7 cm) high for vessels over 65 
ft (19.8 m) long and at least 10 inches (25.4 cm) high for vessels 
between 25 and 65 ft (7.6 and 19.8 m) in length. The length of a vessel 
for purposes of this section is the length set forth in USCG records or 
in state records, if no USCG record exists.
    (b) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.
    (c) Commercial passenger vessels. This section does not apply to 
vessels carrying fishing parties on a per-capita basis or by charter.


Sec. 660.306  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this chapter, it is unlawful for any person to:
    (a) Sell, offer to sell, or purchase any groundfish taken in the 
course of recreational groundfish fishing.
    (b) Retain any prohibited species (defined in Sec. 660.302) caught 
by means of fishing gear authorized under this subpart or unless 
authorized by part 600 of this chapter. Prohibited species must be 
returned to the sea as soon as practicable with a minimum of injury 
when caught and brought on board.
    (c) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.305 or Sec. 660.322(c).
    (d) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under part 600.745.
    (e) Fish for groundfish using gear not authorized under 
Sec. 660.322 or in violation of any terms or conditions attached to an 
EFP under part 600.745.
    (f) Take and retain, possess, or land more groundfish than 
specified under Sec. 660.321, Sec. 660.323, or under an EFP issued 
under part 600 of this chapter.
    (g) Falsify or fail to make and/or file, retain or make available 
any and all reports of groundfish landings, containing all data, and in 
the exact manner, required by the applicable State law, as specified in 
Sec. 660.303, provided that person is required to do so by the 
applicable state law.
    (h) Fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, if the weight of the total delivery exceeds 3,000 lb (1,361 kg) 
(round weight or round-weight equivalent).
    (i) Possess, deploy, haul, or carry onboard a fishing vessel 
subject to these regulations a set net, trap or pot, longline, or 
commercial vertical hook-and-line that is not in compliance with the 
gear restrictions in Sec. 660.322, unless such gear is the gear of 
another vessel that has been retrieved at sea and made inoperable or 
stowed in a manner not capable of being fished. The disposal at sea of 
such gear is prohibited by Annex V of the International Convention for 
the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
    (j) Process Pacific whiting in the fishery management area during 
times or in areas where at-sea processing is prohibited, unless the 
fish were received from a member of a Pacific Coast treaty Indian tribe 
fishing under Sec. 663.324.
    (k) Take and retain or receive, except as cargo, Pacific whiting on 
a vessel in the fishery management area that already possesses 
processed Pacific

[[Page 34593]]

whiting on board, during times or in areas where at-sea processing is 
prohibited, unless the fish were received from a member of a Pacific 
Coast treaty Indian tribe fishing under Sec. 663.324; when taking and 
retention is prohibited under Sec. 663.323(a)(4)(iv), fail to keep the 
trawl doors on board the vessel and attached to the trawls on a vessel 
used to fish for whiting.
    (l) Have onboard a commercial hook-and-line fishing vessel (other 
than a vessel operated by persons under Sec. 660.323(b)(1)(ii)), more 
than the amount of the trip limit set for black rockfish by 
Sec. 660.323 while that vessel is fishing between the U.S.-Canada 
border and Cape Alava (48 deg.09'30'' N. lat.), or between Destruction 
Island (47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. 
lat.).
    (m) Fish with groundfish trawl gear, or carry groundfish trawl gear 
on board a vessel that also has groundfish on board (unless the vessel 
is in continuous transit from outside the fishery management area to a 
port in Washington, Oregon, or California), without having a limited 
entry permit valid for that vessel affixed with a gear endorsement for 
trawl gear.
    (n) Fail to carry onboard a vessel that vessel's limited entry 
permit if required.
    (o) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, or replacement of a limited entry 
permit.
    (p) Take and retain, possess, or land groundfish in excess of the 
landing limit for the open access fishery without having a valid 
limited entry permit for the vessel affixed with a gear endorsement for 
the gear used to catch the fish.
    (q) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed.
    (r) Refuse to submit fishing gear of fish subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.


Sec. 660.321  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures annually and during the fishing year. Management of 
the Pacific Coast groundfish fishery will be conducted consistent with 
the standards and procedures in the PCGFMP and other applicable law. 
The PCGFMP is available from the Regional Director or the Council.
    (b) Annual actions. The Pacific Coast groundfish fishery is managed 
on a calendar year basis. Even though specifications and management 
measures are announced annually, they may apply for more than 1 year. 
In general, management measures are designed to achieve, but not 
exceed, the specifications, particularly harvest guidelines, limited 
entry and open access allocations, or other approved fishery 
allocations. Annual specifications and management measures are 
developed at two Council meetings and published in the Federal Register 
at the beginning of the year, according to the standards and procedures 
in the PCGFMP and other applicable law.
    (c) Routine management measures. Management measures designated 
``routine'' at Sec. 660.323(b) may be adjusted during the year after 
recommendation from the Council, approval by NMFS, and publication in 
the Federal Register.
    (d) Changes to the regulations. Regulations under this subpart may 
be promulgated, removed, or revised. Any such action will be made 
according to the framework standards and procedures in the PCGFMP and 
other applicable law, and will be published in the Federal Register.


Sec. 660.322  Gear restrictions.

    (a) General. The following types of fishing gear are authorized, 
with the restrictions set forth in this section: Trawl (bottom and 
pelagic), hook-and-line, longline, pot or trap, set net (anchored 
gillnet or trammel net), and spear.
    (b) Trawl gear--(1) Use. Trawl nets may be used on and off the 
seabed. Trawl nets may be fished with or without otter boards, and may 
use warps or cables to herd fish.
    (2) Mesh size. Trawl nets may be used if they meet the minimum mesh 
sizes set forth in this paragraph (b)(2). The minimum sizes apply 
throughout the net. Minimum trawl mesh size requirements are met if a 
20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 cm) 
(depending on the gear being measured), less one thickness of the metal 
wedge, can be passed with only thumb pressure through at least 16 of 20 
sets of two meshes each of wet mesh.

                                      Minimum Trawl-Mesh Size In Inches \1\                                     
----------------------------------------------------------------------------------------------------------------
                                                                       Subarea                                  
             Trawl conception type              ----------------------------------------------------            
                                                  Vancouver     Columbia      Eureka      Monterey              
----------------------------------------------------------------------------------------------------------------
Bottom.........................................          4.5          4.5          4.5          4.5          4.5
Pelagic........................................          3.0          3.0          3.0          3.0         3.0 
----------------------------------------------------------------------------------------------------------------
\1\ Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.                                               

    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net's circumference, except as provided in paragraph (b)(5) of 
this section. No section of chafing gear may be longer than 50 meshes 
of the net to which it is attached. Except at the corners, the terminal 
end of each section of chafing gear must not be connected to the net. 
(The terminal end is the end farthest from the mouth of the net.) 
Chafing gear must be attached outside any riblines and restraining 
straps. There is no limit on the number of sections of chafing gear on 
a net.
    (4) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (5) Pelagic trawls. Pelagic trawl nets must have unprotected 
footropes at the trawl mouth, and must not have rollers, bobbins, 
tires, wheels, rubber discs, or any similar device anywhere in the net. 
Sweeplines, including the bottom leg of the bridle, must be bare. For 
at least 20 ft (6.15 m) immediately behind the footrope or headrope, 
bare ropes or mesh of 16-inch (40.6-cm) minimum mesh size must 
completely encircle the net. A band of mesh (a ``skirt'') may encircle 
the net under transfer cables, lifting or splitting straps (chokers), 
but must be: Over riblines and restraining straps; the same mesh size 
and coincide knot-to-knot with the net to which it is attached; and no 
wider than 16 meshes.
    (c) Fixed gear. (1) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
    (i) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy, except as

[[Page 34594]]

provided in paragraph (c)(2) of this section.
    (ii) Attended at least once every 7 days.
    (2) Commercial vertical hook-and-line gear that is closely tended 
may be marked only with a single buoy of sufficient size to float the 
gear. ``Closely tended'' means that a vessel is within visual sighting 
distance or within 0.25 nm (463 m) as determined by electronic 
navigational equipment, of its commercial vertical hook-and-line gear.
    (3) A buoy used to mark fixed gear under paragraph (c)(1)(i) or 
(c)(2) of this section must be marked with a number clearly identifying 
the owner or operator of the vessel. The number may be either:
    (i) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (ii) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the 
state.
    (d) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38 deg.00' N. lat.
    (e) Traps or pots. Traps must have biodegradable escape panels 
constructed with # 21 or smaller untreated cotton twine in such a 
manner that an opening at least 8 inches (20.3 cm) in diameter results 
when the twine deteriorates.
    (f) Recreational fishing. The only types of fishing gear authorized 
for recreational fishing are hook-and-line and spear.
    (g) Spears. Spears may be propelled by hand or by mechanical means.


Sec. 660.323  Catch restrictions.

    (a) Groundfish species harvested in the territorial sea (0-3 nm) 
will be counted toward the catch limitations in this section.
    (1) Black rockfish. The trip limit for black rockfish (Sebastes 
melanops) for commercial fishing vessels using hook-and-line gear 
between the U.S.-Canada border and Cape Alava (48 deg.09'30'' N. lat.), 
and between Destruction Island (47 deg.40' N. lat.) and Leadbetter 
Point (46 deg.38'10'' N. lat.), is 100 lbs (45 kg) or 30 percent, by 
weight of all fish on board, whichever is greater, per vessel per 
fishing trip.
    (2) Nontrawl sablefish. This paragraph (a)(2) applies to the 
limited entry fishery, except for paragraphs (a)(2)(i) and (v), which 
also apply to the open-access fishery.
    (i) Pre-season closure--open-access and limited entry fisheries.
    (A) Sablefish taken with fixed gear in the limited entry or open 
access fishery in the EEZ may not be retained or landed from 12 noon 
August 29 through 12 noon September 1.
    (B) All fixed gear used to take and retain groundfish must be out 
of EEZ waters from 12 noon August 29 through 12 noon September 1, 
except that pot gear used to take and retain groundfish may be deployed 
and baited in the EEZ after 12 noon on August 31.
    (ii) Regular season--limited entry fishery. The regular season for 
the limited entry nontrawl sablefish fishery begins at 1201 hours on 
August 6. During the regular season, the limited entry nontrawl 
sablefish fishery may be subject to trip limits to protect juvenile 
sablefish. The regular season will end when 70 percent of the limited 
entry nontrawl allocation has been or is projected to be taken. The end 
of the regular season may be announced in the Federal Register either 
before or during the regular season.
    (iii) Mop-up season--limited entry fishery. A mop-up season to take 
the remainder of the limited entry nontrawl allocation will begin about 
3 weeks after the end of the regular season, or as soon as practicable 
thereafter. During the mop-up fishery, a cumulative trip limit will be 
imposed. The length of the mop-up season and amount of the cumulative 
trip limit, including the time period to which it applies, will be 
determined by the Regional Director in consultation with the Council or 
its designees, and will be based primarily on the amount of fish 
remaining in the allocation and the number of participants anticipated. 
The Regional Director may determine that too little of the nontrawl 
allocation remains to conduct an orderly or manageable fishery, in 
which case there will not be a mop-up season.
    (iv) Other announcements. The dates and times that the regular 
season ends (and trip limits on sablefish of all sizes are resumed) and 
the mop-up season begins and ends, and the size of the trip limit for 
the mop-up fishery, will be announced in the Federal Register, and may 
be modified. Unless otherwise announced, these seasons will begin and 
end at 12 noon on the specified date. A vessel landing sablefish in 
Puget Sound that was taken under a limited entry permit with nontrawl 
gear during a regular season is not subject to trip limits on that trip 
(except the regular season trip limits to protect juvenile sablefish), 
provided the landing complies with Washington State regulations 
governing sablefish landings in Puget Sound after the regular season.
    (v) Trip limits. Trip and/or frequency limits may be imposed in the 
limited entry fishery before and after the regular season, and after 
the mop-up season, under paragraph (b) of this section. Trip and/or 
size limits to protect juvenile sablefish in the limited entry or open-
access fisheries also may be imposed at any time under paragraph (b) of 
this section. Trip limits may be imposed in the open-access fishery at 
any time under paragraph (b) of this section.
    (3) Pacific whiting--(i) Season. The regular season for Pacific 
whiting begins on May 15 north of 42 deg.00' N. lat., on March 1 
between 42 deg.00' N. lat. and 40 deg.30' N. lat., and on April 15 
south of 40 deg.30' N. lat. Before and after the regular season, trip 
landing or frequency limits may be imposed under paragraph (b) of this 
section.
    (ii) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (A) Klamath River Salmon Conservation Zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41 deg.38'48'' N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124 deg.23' W. long. (approximately 12 nm from 
shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6 nm 
south of the Klamath River mouth).
    (B) Columbia River Salmon Conservation Zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46 deg.18' N. lat. to 124 deg.13'18'' 
W. long., then southerly along a line of 167 True to 46 deg.11'06'' N. 
lat. and 124 deg.11' W. long. (Columbia River Buoy), then northeast 
along Red Buoy Line to the tip of the south jetty.
    (iii) Eureka area trip limits. Trip landing or frequency limits may 
be established, modified, or removed under Sec. 660.321 or 
Sec. 660.323, specifying the amount of Pacific whiting that may be 
taken and retained, possessed, or landed by a vessel that, at any time 
during a fishing trip, fished in the fishery management area shoreward 
of the 100-fathom (183-m) contour (as shown on NOAA Charts 18580, 
18600, and 18620) in the Eureka area (from 43 deg.00' to 40 deg.30' N. 
lat.).
    (iv) At-sea processing. Pacific whiting may not be processed at sea 
south of 42 deg.00' N. lat. (Oregon-California border).
    (v) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area south of 42 deg.00' N. lat. 
between 0001 hours to one-half hour after official sunrise (local 
time). During this time south of 42 deg.00' N. lat., trawl doors must 
be on board any vessel used to fish for whiting and the trawl must be 
attached to the trawl doors. Official sunrise is determined, to the 
nearest 5 deg. lat., in The Nautical Almanac issued annually by the

[[Page 34595]]

Nautical Almanac Office, U.S. Naval Observatory, and available from the 
U.S. Government Printing Office.
    (4) Pacific whiting--allocation. The following provisions apply 
from 1994 through 1996--
    (i) Shoreside reserve. When 60 percent of the commercial harvest 
guideline for Pacific whiting has been or is projected to be taken, 
further at-sea processing of Pacific whiting will be prohibited 
pursuant to paragraph (a)(4)(iv) of this section. The remaining 40 
percent of the harvest guideline is reserved for harvest by vessels 
delivering to shoreside processors.
    (ii) Release of reserve. That portion of the commercial harvest 
guideline that the Regional Director determines will not be used by 
shoreside processors by the end of that fishing year shall be made 
available for harvest by all fishing vessels, regardless of where they 
deliver, on August 15 or as soon as practicable thereafter. NMFS may 
again release whiting at a later date if it becomes obvious, after 
August 15, that shore-based needs have been substantially over-
estimated, but only after consultation with the Council and only to 
insure full utilization of the resource.
    (iii) Estimates. Estimates of the amount of Pacific whiting 
harvested will be based on actual amounts harvested, projections of 
amounts that will be harvested, or a combination of the two. Estimates 
of the amount of Pacific whiting that will be used by shoreside 
processors by the end of the fishing year will be based on the best 
information available to the Regional Director from state catch and 
landings data, the survey of domestic processing capacity and intent, 
testimony received at Council meetings, and/or other relevant 
information.
    (iv) Announcements. The Assistant Administrator will announce in 
the Federal Register when 60 percent of the commercial harvest 
guideline for whiting has been, or is about to be, harvested, 
specifying a time after which further at-sea processing of Pacific 
whiting in the fishery management area is prohibited. The Assistant 
Administrator will publish a document in the Federal Register to 
announce any release of the reserve on August 15, or as soon as 
practicable thereafter. In order to prevent exceeding the limits or 
underutilizing the resource, adjustments may be made effective 
immediately by actual notice to fishermen and processors, by phone, 
fax, Northwest Region computerized bulletin board (contact 206-526-
6128), letter, press release, and/or U.S. Coast Guard Notice to 
Mariners (monitor channel 16 VHF), followed by publication in the 
Federal Register, in which instance public comment will be sought for a 
reasonable period of time thereafter. If insufficient time exists to 
consult with the Council, the Regional Director will inform the Council 
in writing of actions taken.
    (b) Routine management measures. In addition to the catch 
restrictions in this section, other catch restrictions that are likely 
to be adjusted on an annual or more frequent basis may be imposed and 
announced by a single notification in the Federal Register if they 
first have been designated as ``routine'' according to the applicable 
procedures in the PCGFMP. The following catch restrictions are 
designated as routine for the reasons given in paragraph (b)(1)(ii) of 
this section:
    (1) Commercial-limited entry and open access fisheries--
    (i) Species and gear. (A) Widow rockfish--all gear--trip landing 
and frequency limits.
    (B) Sebastes complex--all gear--trip landing and frequency limits.
    (C) Yellowtail rockfish--all gear--trip landing and frequency 
limits.
    (D) Pacific ocean perch--all gear--trip landing and frequency 
limits.
    (E) Sablefish--all gear--trip landing, frequency, and size limits.
    (F) Dover sole--all gear--trip landing and frequency limits.
    (G) Thornyheads (shortspine thornyheads or longspine thornyheads, 
separately or combined)--all gear--trip landing and frequency limits.
    (H) Bocaccio--all gear--trip landing and frequency limits.
    (I) Pacific whiting--all gear--trip landing and frequency limits.
    (J) Lingcod--all gear--trip landing and frequency limits; size 
limits.
    (K) Canary rockfish--all gear--trip landing and frequency limits.
    (L) All groundfish, separately or in any combination--any legal 
open access gear (including non-groundfish trawl gear used to harvest 
pink shrimp, spot or ridgeback prawns, California halibut or sea 
cucumbers in accordance with the regulations in this subpart)--trip 
landing and frequency limits. (Size limits designated routine in this 
section continue to apply.)
    (ii) Reasons for ``routine'' management measures. All routine 
management measures on commercial fisheries are intended to keep 
landings within the harvest levels announced by NMFS. In addition, the 
following reasons apply:
    (A) Trip landing and frequency limits--to extend the fishing 
season; to minimize disruption of traditional fishing and marketing 
patterns; to reduce discards; to discourage target fishing while 
allowing small incidental catches to be landed; to allow small 
fisheries to operate outside the normal season; and, for the open 
access fishery only, to maintain landings at the historical proportions 
during the 1984-88 window period.
    (B) Size limits--to protect juvenile fish; to extend the fishing 
season.
    (2) Recreational--(i) Species and gear. (A) Lingcod--all gear--bag 
and size limits.
    (B) Rockfish--all gear--bag limits.
    (ii) Reasons for ``routine'' management measures. All routine 
management measures on recreational fisheries are intended to keep 
landings within the harvest levels announced by NMFS. In addition, the 
following reasons apply:
    (A) Bag limits--to spread the available catch over a large number 
of anglers; to avoid waste; for consistency with state regulations.
    (B) Size limits--to protect juvenile fish; to enhance the quality 
of the recreational fishing experience; for consistency with state 
regulations.
    (c) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and the fishery closed 
are prohibited species. In addition, the following are prohibited 
species:
    (1) Any species of salmonid.
    (2) Pacific halibut.
    (3) Dungeness crab caught seaward of Washington or Oregon.


Sec. 663.324  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights to 
harvest groundfish in their usual and accustomed fishing areas in U.S. 
waters.
    (b) For the purposes of this part, Pacific Coast treaty Indian 
tribes means the Hoh, Makah, and Quileute Indian Tribes and the 
Quinault Indian Nation.
    (c) The Pacific Coast treaty Indian tribes' usual and accustomed 
fishing areas within the fishery management area (FMA) are set out 
below in paragraphs (c)(1) through (c)(4) of this section. Boundaries 
of a tribe's fishing area may be revised as ordered by a Federal court.
    (1) Makah--That portion of the FMA north of 48 deg.02'15'' N. lat. 
(Norwegian Memorial) and east of 125 deg.44'00'' W. long.
    (2) Quileute--That portion of the FMA between 48 deg.07'36'' N. 
lat. (Sand Point) and 47 deg.31'42'' N. lat. (Queets River) and east of 
125 deg.44'00'' W. long.
    (3) Hoh--That portion of the FMA between 47 deg.54'18'' N. lat. 
(Quillayute River) and 47 deg.21'00'' N. lat. (Quinault River) and east 
of 125 deg.44'00'' W. long.

[[Page 34596]]

    (4) Quinault--That portion of the FMA between 47 deg.40'06'' N. 
lat. (Destruction Island) and 46 deg.53'18'' N. lat. (Point Chehalis) 
and east of 125 deg.44'00'' W. long.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary, after consideration of 
the tribal request, the recommendation of the Council, and the comments 
of the public. The rights will be implemented either through an 
allocation of fish that will be managed by the tribes, or through 
regulations in this section that will apply specifically to the tribal 
fisheries. An allocation or a regulation specific to the tribes shall 
be initiated by a written request from a Pacific Coast treaty Indian 
tribe to the Regional Director, prior to the first of the Council's two 
annual groundfish meetings. The Secretary generally will announce the 
annual tribal allocation at the same time as the annual specifications. 
The Secretary recognizes the sovereign status and co-manager role of 
Indian tribes over shared Federal and tribal fishery resources. 
Accordingly, the Secretary will develop tribal allocations and 
regulations under this paragraph in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus.
    (e) Identification. A valid treaty Indian identification card 
issued pursuant to 25 CFR part 249, subpart A, is prima facie evidence 
that the holder is a member of the Pacific Coast treaty Indian tribe 
named on the card.
    (f) A limited entry permit under subpart C is not required for 
participation in a tribal fishery described in paragraph (d) of this 
section.
    (g) Fishing under this section by a member of a Pacific Coast 
treaty Indian tribe within their usual and accustomed fishing area is 
not subject to the provisions of other sections of this part.
    (h) Any member of a Pacific Coast treaty Indian tribe must comply 
with this section, and with any applicable tribal law and regulation, 
when participating in a tribal groundfish fishery described in 
paragraph (d) of this section.
    (i) Fishing by a member of a Pacific Coast treaty Indian tribe 
outside the applicable Indian tribe's usual and accustomed fishing 
area, or for a species of groundfish not covered by an allocation or 
regulation under this section, is subject to the regulations in the 
other sections of this part.
    (j) Black rockfish. Harvest guidelines for commercial harvests of 
black rockfish by members of the Pacific Coast Indian tribes using hook 
and line gear will be established annually for the areas between the 
U.S.-Canadian border and Cape Alava (48 deg.09'30'' N. lat.) and 
between Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter 
Point (46 deg.38'10'' N. lat.), in accordance with the procedures for 
implementing annual specifications. Pacific Coast treaty Indians 
fishing for black rockfish in these areas under these harvest 
guidelines are subject to the provisions in this section, and not to 
the restrictions in other sections of this part.
    (k) Groundfish without a tribal allocation. Makah tribal members 
may use midwater trawl gear to take and retain groundfish for which 
there is no tribal allocation and will be subject to the trip landing 
and frequency and size limits applicable to the limited entry fishery.


Sec. 660.331   Limited entry and open access fisheries--general.

    All commercial fishing for groundfish must be conducted in 
accordance with the regulations governing limited entry and open access 
fisheries, except such fishing by treaty Indian tribes as may be 
separately provided for.


Sec. 660.332   Allocations.

    (a) General. The commercial portion of the Pacific Coast groundfish 
fishery, excluding the treaty Indian fishery, is divided into limited 
entry and open access fisheries. Separate allocations for the limited 
entry and open access fisheries will be established annually for 
certain species and/or areas using the procedures described in this 
subpart or the PCGFMP.
    (1) Limited entry allocation. The allocation for the limited entry 
fishery is the allowable catch (harvest guideline or quota excluding 
set asides for recreational or tribal Indian fisheries) minus the 
allocation to the open access fishery.
    (2) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual harvest guideline or quota after subtracting any set asides 
for recreational or tribal Indian fisheries. For management areas where 
quotas or harvest guidelines for a stock are not fully utilized, no 
separate allocation will be established for the open access fishery 
until it is projected that the allowable catch for a species will be 
reached.
    (b) Open access allocation percentage. For each species with a 
harvest guideline or quota, the initial open access allocation 
percentage is calculated by:
    (1) Computing the total catch for that species during the window 
period by any vessel that does not initially receive a limited entry 
permit.
    (2) Dividing that amount by the total catch during the window 
period by all gear.
    (3) The guidelines in this paragraph (b)(3) apply to recalculation 
of the open access allocation percentage. Any recalculated allocation 
percentage will be used in calculating the following year's open access 
allocation. If a gear type is prohibited by a state or the Secretary 
and a vessel thereby qualifies for a limited entry permit under this 
subpart, or if a small limited entry fleet is incorporated into the 
limited entry fishery under Sec. 660.338, the window-period catch of 
these vessels will be deducted from the open access fishery's 
historical catch levels and the open access allocation percentage 
recalculated accordingly.
    (c) Catch accounting between the limited entry and open access 
fisheries. Any groundfish caught by a vessel with a limited entry 
permit will be counted against the limited entry allocation while the 
limited entry fishery for that vessel's limited entry gear is open. 
When the fishery for a vessel's limited entry gear has closed, 
groundfish caught by that vessel with open access gear will be counted 
against the open access allocation. All groundfish caught by vessels 
without limited entry permits will be counted against the open access 
allocation.
    (d) Additional guidelines. Additional guidelines governing 
determination of the limited entry and open access allocations are in 
the PCGFMP.
    (e) Treaty Indian fisheries. Certain amounts of groundfish may be 
set aside annually for tribal fisheries prior to dividing the balance 
of the allowable catch between the limited entry and open access 
fisheries. Tribal fisheries conducted under a set-aside are not subject 
to the regulations governing limited entry and open access fisheries.
    (f) Recreational fisheries. Recreational fishing for groundfish is 
outside the scope of, and not affected by, the regulations governing 
limited entry and open access fisheries. Certain amounts of groundfish 
may be specifically allocated to the recreational fishery, and will be 
set aside prior to dividing the commercial allocation between the 
commercial limited entry and open access fisheries.


Sec. 660.333  Limited entry fishery-general.

    (a) General. Participation in the limited entry fishery requires 
that the owner of a vessel have a limited entry permit affixed with a 
gear endorsement registered for use with that vessel for the gear being 
fished. There are four types

[[Page 34597]]

of gear endorsements: ``A,'' ``Provisional A,'' ``B,'' and ``Designated 
species B.'' More than one type of gear endorsement may be affixed to a 
limited entry permit. While the limited entry fishery is open, vessels 
fishing under limited entry permits may also fish with open access 
gear. All fishing with open access gear is subject to regulations 
applicable to the open access fishery. Vessels with limited entry 
permits may also participate in the open access fishery when the 
limited entry fishery is closed, but only with open access gear.
    (b) Renewal of limited entry permits and gear endorsements.
    (1) Limited entry permits expire at the end of each calendar year, 
and must be renewed between October 1 and November 30 of each year in 
order to remain in force the following year.
    (2) Notification to renew limited entry permits will be issued by 
FMD prior to September 1 each year to the most recent address of the 
permit owner. The permit owner shall provide FMD with notice of any 
address change within 15 days of the change.
    (3) A limited entry permit that is allowed to expire will not be 
renewed unless the FMD determines that failure to renew was proximately 
caused by the illness, injury, or death of the permit owner.
    (c) Transfer and registration of limited entry permits and gear 
endorsements. (1) Upon transfer of a limited entry permit, the FMD will 
reissue the permit in the name of the new permit holder with such gear 
endorsements as are eligible for transfer with the permit. No transfer 
is effective until the limited entry permit has been reissued and is in 
the possession of the new permit holder.
    (2) A limited entry permit may not be used with a vessel unless it 
is registered for use with that vessel. Limited entry permits will 
normally be registered for use with a particular vessel at the time the 
permit is issued, renewed, transferred, or replaced. A permit not 
registered for use with a particular vessel may not be used. If the 
permit will be used with a vessel other than the one registered on the 
permit, a registration for use with the new vessel must be obtained 
from the FMD and placed aboard the vessel before it is used under the 
permit.
    (3) Application forms for the transfer and registration of limited 
entry permits are available from the FMD (see part 600 for address of 
the Regional Director). Contents of the application, and required 
supporting documentation, are specified in the application form.
    (4) The FMD will maintain records of all limited entry permits that 
have been issued, renewed, transferred, registered, or replaced.
    (d) Evidence and burden of proof. A vessel owner (or person holding 
limited entry rights under the express terms of a written contract) 
applying for issuance, renewal, transfer, or registration of a limited 
entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The following evidentiary standards 
apply:
    (1) A certified copy of the current vessel document (USCG or state) 
is the best evidence of vessel ownership and LOA.
    (2) A certified copy of a state fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (3) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights.
    (4) Such other relevant, credible evidence as the applicant may 
submit, or the FMD or the Regional Director request or acquire, may 
also be considered.
    (e) Initial decisions. Initial decisions regarding issuance, 
renewal, transfer, and registration of limited entry permits, and 
endorsement upgrade, will be made by the FMD.
    Adverse decisions shall be in writing and shall state the reasons 
therefor. The FMD may decline to act on an application for issuance, 
renewal, transfer, or registration of a limited entry permit if the 
permit sanction provisions of the Magnuson Act at 16 U.S.C. 1858(a) and 
implementing regulations at 15 CFR part 904, subpart D, apply.
    (f) Transfers. Limited entry permits are transferable as follows:
    (1) The permit owner may transfer (by sale, assignment, lease, 
bequest, intestate succession, barter, trade, gift, or other form of 
conveyance) the limited entry permit to a different person. The permit 
holder may register the permit for use with a different vessel under 
the same ownership, subject to the conditions set forth in this 
subpart.
    (2) Gear endorsements may not be transferred separately from the 
limited entry permit.
    (3) Except as provided in Secs. 660.335(b), 660.336(b), and 
660.337(b)(2), only ``A'' gear endorsements remain valid with the 
transfer of a limited entry permit.
    (g) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by 
ownership or otherwise) a limited entry permit.
    (h) Vessel size endorsements--(1) General. The limited entry permit 
will be endorsed with the LOA for the size of the vessel that initially 
qualified for the permit, except:
    (i) If the permit was initially issued under section 14.3.2.3.8 of 
the FMP [re pre-1991 replacement vessels qualifying for ``provisional 
A'' permits] for a replacement vessel that was more than 5 ft (1.52 m) 
longer than the replaced vessel, the permit will be endorsed for the 
size of the replacement vessel.
    (ii) If the permit was initially issued to a replacement trawl 
vessel that was more than 5 ft (1.52 m) shorter than the replaced 
vessel, it will be endorsed for the size of the smaller replacement 
vessel.
    (iii) If the permit is registered for use with a trawl vessel that 
is more than 5 ft (1.52 m) shorter than the size for which the permit 
is endorsed, it will be endorsed for the size of the smaller vessel.
    (iv) When permits are combined into one permit to be registered for 
use with a vessel requiring a larger size endorsement, the new permit 
will be endorsed for the size of the larger vessel.
    (2) Limitations of size endorsements--(i) A limited entry permit 
endorsed only for gear other than trawl gear may be registered for use 
with a vessel up to 5 ft (1.52 m) longer than, the same length as, or 
any length shorter than, the size endorsed on the existing permit 
without requiring a combination of permits under paragraph (i) of this 
section or a change in the size endorsement.
    (ii) A limited entry permit endorsed for trawl gear may be 
registered for use with a vessel between 5 ft (1.52 m) shorter and 5 ft 
(1.52 m) longer than the size endorsed on the existing permit without 
requiring a combination of permits under paragraph (i) of this section 
or a change in the size endorsement under paragraph (h)(1)(iii) of this 
section.
    (iii) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement. The vessel harvest capacity rating for each of the permits 
being combined is that indicated in Table 2 of this part for the LOA 
(in feet) endorsed on the respective limited entry permit. Harvest 
capacity ratings for fractions of a foot in vessel length will be 
determined by multiplying the fraction of a foot in vessel length by 
the difference in the two ratings assigned to the nearest integers of 
vessel length. The length rating for the combined permit is that 
indicated for the sum of the vessel harvest capacity ratings for each 
permit being combined. If that sum falls

[[Page 34598]]

between the sums for two adjacent lengths on Table 2 of this part, the 
length rating shall be the higher length.
    (i) Limited entry permits indivisible. Limited entry permits may 
not be divided for use by more than one vessel.


Sec. 660.334  Limited entry permits--''A'' endorsement.

    (a) A limited entry permit with an ``A'' endorsement entitles the 
holder to participate in the limited entry fishery for all groundfish 
species with the type(s) of limited entry gear specified in the 
endorsement.
    (b) An ``A'' endorsement is transferable with the limited entry 
permit to another person, or a different vessel under the same 
ownership under Sec. 660.333.
    (c) An ``A'' endorsement expires on failure to renew the limited 
entry permit to which it is affixed (see Sec. 660.333).


Sec. 660.335  Limited entry permits--''Provisional A'' endorsement.

    (a) A ``provisional A'' endorsement entitles the permit owner to 
fish for all groundfish species with the types of limited entry gear 
specified in the endorsement.
    (b) A ``provisional A'' endorsement is not transferrable except as 
specified in the PCGFMP.
    (c) The holder of a ``provisional A'' endorsement must comply with 
the requirements set out in the PCGFMP at 14.3.2.4 in order for the 
permit to be upgraded to an ``A'' permit.
    (d) A ``provisional A'' endorsement expires at the end of any of 
the three consecutive 365-day periods (during the 3-year qualifying 
period) in which a vessel's landings do not meet the applicable landing 
requirement or upon failure to renew the limited entry permit. A 
``provisional A'' endorsement that expires will not be reissued.


Sec. 660.336  Limited entry permits--''B'' endorsement.

    (a) A limited entry permit with a ``B'' endorsement entitles the 
permit owner to fish for all groundfish species with the type(s) of 
limited entry gear specified in the endorsement.
    (b) A ``B'' endorsement is not transferable to another person, and 
may not be used with another vessel under the same ownership, unless 
the vessel for which the endorsement was issued is totally lost, and 
the permit is transferred to a replacement vessel owned by the same 
owner.
    (c) All ``B'' endorsements expire on December 31, 1996.
    (d) A ``B'' endorsement expires on failure to renew the limited 
entry permit.


Sec. 660.337  Limited entry permits--``designated species B'' 
endorsement.

    (a) Issuance criteria--(1) General. Designated species means 
Pacific whiting, jack mackerel north of 39 deg. N. lat., and shortbelly 
rockfish. Bycatch allowances in fisheries for these species will be 
established using the procedures specified for incidental allowances in 
joint venture and foreign fisheries in the PCGFMP.
    (2) Catch limit. On or about October 1 of each year, the FMD will 
determine the commitment of persons with limited entry permits with 
``A'' gear endorsements (the ``limited entry fleet'') to harvest each 
designated species for delivery to domestic processors during the 
coming year. ``Commitment'' means a permit holder's contract or 
agreement with a specific domestic processor to deliver an estimated 
amount of the designated species. The ``designated species B'' 
endorsement catch limit is the harvest guideline or quota for the 
designated species minus the commitment of the limited entry fleet. If 
the commitment is less than DAP and the harvest guideline or quota for 
the species, ``designated species B'' endorsements valid for delivery 
to domestic processors will be issued in numbers necessary to reach but 
not exceed the harvest guideline or quota. ``Designated species B'' 
endorsements also may be issued for delivery to foreign processors of 
designated species for which a JVP is established. If, at any time 
during the fishing year, the FMD determines that any part of the 
limited entry fleet commitment will not be taken, the Regional Director 
will make a reapportionment to the ``designated species B'' endorsement 
catch limit. The amount of the annual limited entry fleet commitment, 
``designated species B'' endorsement catch limit, and the amounts and 
timing of any reapportionments to the ``designated species B'' 
endorsement catch limit will be announced in the Federal Register.
    (3) Procedure for issuance. Owners of vessels applying for 
``designated species B'' endorsements must apply on or before November 
1 of each year for a ``designated species B'' endorsement for the 
following year. Applications are available from the FMD. Applicants are 
required to specify their commitments for delivery of the designated 
species for the coming year. On or about November 1 of each year, the 
FMD will establish a prioritized list of applicants based on seniority 
(number of years the vessel has fished for the designated species). A 
vessel which replaces a lost vessel, consistent with the standards in 
the PCGFMP, has the same seniority status as the replaced vessel. 
Vessels with equal seniority will be ranked equally. ``Designated 
species B'' endorsements will be issued first to all vessels with the 
highest seniority, then to those with the next highest seniority, and 
so on down the list. No further endorsements will be issued when it is 
estimated that the commitments of applicants receiving endorsements is 
sufficient to take the ``designated species B'' catch limit. If there 
are insufficient commitments by senior applicants to take the 
``designated species B'' catch limit, additional applications will be 
ranked by lottery and a number of endorsements sufficient to take the 
catch limit will be issued.
    (b) Attributes. (1) A limited entry permit with a ``designated 
species B'' endorsement entitles the permit recipient to fish only for 
the species, and only with the gear, specified in the endorsement.
    (2) A ``designated species B'' endorsement is not transferable to 
another person, and may not be used with a different vessel under the 
same ownership, unless the vessel has been totally lost and replaced 
consistent with the provisions of the PCGFMP, in which case the 
replacement vessel has the same seniority as the lost vessel for 
purposes of a ``designated species B'' endorsement.
    (3) A ``designated species B'' endorsement is valid only for the 
fishing year for which it is issued.


Sec. 660.338  Limited entry permits--new permits.

    (a) Small limited entry fisheries that are controlled by a local 
government, are in existence as of July 11, 1991, and have negligible 
impacts on the groundfish resource, may be certified as consistent with 
the goals and objectives of the limited entry program and incorporated 
into the limited entry fishery. Permits issued under this subsection 
will be issued according to the standards and procedures set out in the 
PCGFMP and will carry the rights explained therein. Window period is 
that period from July 11, 1984, through August 1, 1988.
    (b) If, after the window period, an exempt gear is prohibited by 
Washington, Oregon, or California or NMFS, the owners of vessels using 
such gear, who would not otherwise qualify for an ``A'' or 
``provisional A'' endorsement, may qualify for a ``provisional A'' 
endorsement for only one of the three limited entry gears, if the 
vessel used the prohibited gear to make sufficient landings of 
groundfish during the window period to meet the MLR for the limited 
entry gear. If a vessel would qualify for an endorsement

[[Page 34599]]

for more than one limited entry gear, the owner must choose the type of 
gear for which the endorsement will be issued. If an ``A'' or 
``provisional A'' endorsement was previously issued for the vessel, and 
the endorsement was subsequently transferred or expired, no 
``provisional A'' endorsement will be issued. Permits issued under this 
section will be issued according to the procedures and standards set 
out in the PCGFMP and will carry the rights explained therein.
    (c) An owner of a vessel that qualifies under this section must 
apply to the FMD for a permit within 180 days of incorporation of the 
limited entry fleet of which the vessel is a part or within 180 days of 
the effective date of the prohibition of that vessel's gear. Untimely 
applications will be rejected unless the applicant demonstrates that 
circumstances beyond the applicant's control prevented submission of 
the application during the specified period. Illness, injury, or death 
of the potential applicant are the primary grounds on which untimely 
applications may be accepted.


Sec. 660.339  Limited entry permit fees.

    The Regional Director will charge fees to cover administrative 
expenses related to issuance of limited entry permits, including 
initial issuance, renewal, transfer, vessel registration, replacement, 
and appeals. The appropriate fee must accompany each application.


Sec. 660.340  Limited entry permit appeals.

    (a) Decisions on appeals of initial decisions regarding issuance, 
renewal, transfer, and registration of limited entry permits, and 
endorsement upgrade, will be made by the Regional Director.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the FMD denying 
issuance, renewal, transfer, or registration of a limited entry permit, 
or endorsement upgrade, on the terms requested by the applicant, an 
appeal may be filed with the Regional Director.
    (d) The appeal must be in writing, and must allege facts or 
circumstances to show why the criteria in this subpart have been met, 
or why an exception should be granted.
    (e) At the appellant's discretion, the appeal may be accompanied by 
a request that the Regional Director seek a recommendation from the 
Council as to whether the appeal should be granted. Such a request must 
contain the appellant's acknowledgement that the confidentiality 
provisions of the Magnuson Act at 16 U.S.C. 1853(d) and part 600 of 
this chapter are waived with respect to any information supplied by the 
Regional Director to the Council and its advisory bodies for purposes 
of receiving the Council's recommendation on the appeal. In responding 
to a request for a recommendation on appeal, the Council will apply the 
provisions of the PCGFMP in making its recommendation as to whether the 
appeal should be granted.
    (f) Absent good cause for further delay, the Regional Director will 
issue a written decision on the appeal within 45 days of receipt of the 
appeal, or, if a recommendation from the Council is requested, within 
45 days of receiving the Council's recommendation. The Regional 
Director's decision is the final administrative decision of the 
Department as of the date of the decision.


Sec. 660.341  Limited entry permit sanctions.

    Limited entry permits issued or applied for under this subpart are 
subject to sanctions pursuant to the Magnuson Act at 16 U.S.C. 1858(g) 
and 15 CFR part 904, subpart D.

Subpart H--West Coast Salmon Fisheries


Sec. 660.401  Purpose and scope.

    This subpart implements the Fishery Management Plan for Commercial 
and Recreational Salmon Fisheries Off the Coasts of Washington, Oregon, 
and California developed by the Pacific Fishery Management Council. 
These regulations govern the management of West Coast salmon fisheries 
in the EEZ.


Sec. 660.402  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec.  
600.10 of this chapter, the terms used in this subpart have the 
following meanings:
    Barbless hook means a hook with a single shank and point, with no 
secondary point or barb curving or projecting in any other direction. 
Where barbless hooks are specified, hooks manufactured with barbs can 
be made barbless by forcing the point of the barb flat against the main 
part of the point.
    Commercial fishing means fishing with troll fishing gear as defined 
annually under Sec. 660.408, or fishing for the purpose of sale or 
barter of the catch.
    Council means the Pacific Fishery Management Council.
    Dressed, head-off length of salmon means the shortest distance 
between the midpoint of the clavicle arch (see Figure 3 of this 
subpart) and the fork of the tail, measured along the lateral line 
while the fish is lying on its side, without resort to any force or 
mutilation of the fish other than removal of the head, gills, and 
entrails (see Figure 3 of this subpart).
    Dressed, head-off salmon means salmon that have been beheaded, 
gilled, and gutted without further separation of vertebrae, and are 
either being prepared for on-board freezing, or are frozen and will 
remain frozen until landed.
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California, bounded on the north by the Provisional 
International Boundary between the United States and Canada, and 
bounded on the south by the International Boundary between the United 
States and Mexico. The northeastern, northern, and northwestern 
boundaries of the fishery management area are as follows:
    (1) Northeastern boundary--that part of a line connecting the light 
on Tatoosh Island, WA, with the light on Bonilla Point on Vancouver 
Island, British Columbia, southerly of the International Boundary 
between the United States and Canada (at 48 deg.29'37'' N. lat., 
124 deg.43'33'' W. long.), and northerly of the point where that line 
intersects with the boundary of the U.S. territorial sea.
    (2) Northern and northwestern boundary is a line <SUP>1 connecting 
the following coordinates:
---------------------------------------------------------------------------

    \1\ The line joining these coordinates is the provisional 
international boundary of the U.S. EEZ as shown on NOAA/NOS Charts 
#18480 and #18002.

N. lat.                              W. long.                           
                                                                        
48 deg.29'37.19''                    124 deg.43'33.19''                 
48 deg.30'11''                       124 deg.47'13''                    
48 deg.30'22''                       124 deg.50'21''                    
48 deg.30'14''                       124 deg.52'52''                    
48 deg.29'57''                       124 deg.59'14''                    
48 deg.29'44''                       125 deg.00'06''                    
48 deg.28'09''                       125 deg.05'47''                    
48 deg.27'10''                       125 deg.08'25''                    
48 deg.26'47''                       125 deg.09'12''                    
48 deg.20'16''                       125 deg.22'48''                    
48 deg.18'22''                       125 deg.29'58''                    
48 deg.11'05''                       125 deg.53'48''                    
47 deg.49'15''                       126 deg.40'57''                    
47 deg.36'47''                       127 deg.11'58''                    
47 deg.22'00''                       127 deg.41'23''                    
46 deg.42'05''                       128 deg.51'56''                    
46 deg.31'47''                       129 deg.07'39''                    
                                                                        

    (3) The southern boundary of the fishery management area is the 
U.S.-Mexico International Boundary, which is a line connecting the 
following coordinates:

N. lat.                              W. long.                           
32 deg.35'22''                       117 deg.27'49''                    
32 deg.37'37''                       117 deg.49'31''                    
31 deg.07'58''                       118 deg.36'18''                    
30 deg.32'31''                       121 deg.51'58''                    
                                                                        

    (4) The inner boundaries of the fishery management area are subject 
to

[[Page 34600]]

change if the Secretary assumes responsibility for the regulation of 
the salmon fishery within state waters under section 306(b) of the 
Magnuson Act.
    Freezer trolling vessel means a fishing vessel, equipped with troll 
fishing gear, that has a present capability for:
    (1) On board freezing of the catch.
    (2) Storage of the fish in a frozen condition until they are 
landed.
    Land or landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish onboard the vessel are counted 
as part of the landing.
    Plugs means artificial fishing lures made of wood or hard plastic 
with one or more hooks attached. Lures commonly known as ``spoons,'' 
``wobblers,'' ``dodgers,'' and flexible plastic lures are not 
considered plugs, and may not be used where ``plugs only'' are 
specified.
    Recreational fishing means fishing with recreational fishing gear 
as defined annually under Sec. 660.408 and not for the purpose of sale 
or barter.
    Recreational fishing gear will be defined annually under 
Sec. 660.408.
    Regional Director means the Director, Northwest Region, NMFS, or a 
designee. For fisheries occurring primarily or exclusively in the 
fishery management area seaward of California, Regional Director means 
the Director, Northwest Region, NMFS, acting in consultation with the 
Director, Southwest Region, NMFS.
    Salmon means any anadromous species of the family Salmonidae and 
genus Oncorhynchus, commonly known as Pacific salmon, including, but 
not limited to:

Chinook (king) salmon, Oncorhynchus tshawytscha
Coho (silver) salmon, Oncorhynchus kisutch
Pink (humpback) salmon, Oncorhynchus gorbuscha
Chum (dog) salmon, Oncorhynchus keta
Sockeye (red) salmon, Oncorhynchus nerka
Steelhead (rainbow trout), Oncorhynchus mykiss

    Total length of salmon means the shortest distance between the tip 
of the snout or jaw (whichever extends furthest while the mouth is 
closed) and the tip of the longest lobe of the tail, without resort to 
any force or mutilation of the salmon other than fanning or swinging 
the tail.
    Treaty Indian fishing means fishing for salmon and steelhead in the 
fishery management area by a person authorized by the Makah Tribe to 
exercise fishing rights under the Treaty with the Makah, or by the 
Quileute, Hoh, or Quinault Tribes to exercise fishing rights under the 
Treaty of Olympia.
    Troll fishing gear will be defined annually under Sec. 660.408.
    Whole bait means a hook or hooks baited with whole natural bait 
with no device to attract fish other than a flasher.


Sec. 660.403  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter, Sec. 660.2, and paragraphs (b) and (c) of 
this section.
    (b) Any person fishing subject to this subpart who also engages in 
fishing for groundfish should consult Federal regulations in subpart G 
for applicable requirements of that subpart, including the requirement 
that vessels engaged in commercial fishing for groundfish (except 
commercial passenger vessels) have vessel identification in accordance 
with Sec. 660.305.
    (c) Any person fishing subject to this subpart is bound by the 
international boundaries of the fishery management area described in 
Sec. 660.402, notwithstanding any dispute or negotiation between the 
United States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are published by the 
United States.


Sec. 660.404  Recordkeeping and reporting.

    (a) This subpart recognizes that catch and effort data necessary 
for implementation of any applicable fishery management plan are 
collected by the States and Indian tribes of Washington, Oregon, 
California, and Idaho under existing data collection requirements. 
Except as provided in paragraph (b) of this section, no additional 
catch reports will be required of fishermen or processors so long as 
the data collection and reporting systems operated by State agencies 
and Indian tribes continue to provide NMFS with statistical information 
adequate for management.
    (b) Persons engaged in commercial fishing may be required to submit 
catch reports that are specified annually under Sec. 660.408.


Sec. 660.405  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any 
of the following:
    (1) Take and retain or land salmon caught with a net in the fishery 
management area, except that a hand-held net may be used to bring 
hooked salmon on board a vessel.
    (2) Fish for, or take and retain, any species of salmon:
    (i) During closed seasons or in closed areas;
    (ii) While possessing on board any species not allowed to be taken 
in the area at the time;
    (iii) Once any catch limit is attained;
    (iv) By means of gear or methods other than recreational fishing 
gear or troll fishing gear, or gear authorized under Sec. 660.408(k) 
for treaty Indian fishing;
    (v) In violation of any action issued under this subpart; or
    (vi) In violation of any applicable area, season, species, zone, 
gear, daily bag limit, or length restriction.
    (3) Fish for salmon in an area when salmon of less than the legal 
minimum length for that area are on board the fishing vessel, except 
that this provision does not prohibit transit of an area when salmon of 
less than the legal minimum length for that area are on board, so long 
as no fishing is being conducted.
    (4) Remove the head of any salmon caught in the fishery management 
area, or possess a salmon with the head removed, if that salmon has 
been marked by removal of the adipose fin to indicate that a coded wire 
tag has been implanted in the head of the fish.
    (5) Take and retain or possess on board a fishing vessel any 
species of salmon that is less than the applicable minimum total 
length, including the applicable minimum length for dressed, head-off 
salmon.
    (6) Possess on board a fishing vessel a salmon, for which a minimum 
total length is extended or cannot be determined, except that dressed, 
head-off salmon may be possessed on board a freezer trolling vessel, 
unless the adipose fin of such salmon has been removed.
    (7) Fail to return to the water immediately and with the least 
possible injury any salmon the retention of which is prohibited by this 
subpart.
    (8) Engage in recreational fishing while aboard a vessel engaged in 
commercial fishing. This restriction is not intended to prohibit the 
use of fishing gear otherwise permitted under the definitions of troll 
and recreational fishing gear, so long as that gear is legal in the 
fishery for which it is being used.
    (9) Take and retain, possess, or land any steelhead taken in the 
course of commercial fishing in the fishery management area, unless 
such take and retention qualifies as treaty Indian fishing.
    (10) Sell, barter, offer to sell, offer to barter, or purchase any 
salmon taken in the course of recreational salmon fishing.
    (11) Refuse to submit fishing gear or catch subject to such 
person's control to

[[Page 34601]]

inspection by an authorized officer, or to interfere with or prevent, 
by any means, such an inspection.
    (12) Take and retain Pacific halibut (Hippoglossus stenolepis) 
except in accordance with regulations of the International Pacific 
Halibut Commission at part 300 of this title. Pacific halibut that 
cannot be retained lawfully must be returned to the water immediately 
and with the least possible injury.
    (13) Violate any other provision of this subpart.
    (b) The fishery management area is closed to salmon fishing except 
as opened by this subpart or superseding regulations or notices. All 
open fishing periods begin at 0001 hours and end at 2400 hours local 
time on the dates specified.


Sec. 660.406  Exempted fishing.

    (a) NMFS may allow such exempted fishing in the fishery management 
area as may be recommended by the Council, the Federal Government, 
state government, or treaty Indian tribes having usual and accustomed 
fishing grounds in the fishery management area.
    (b) NMFS will not allow any exempted fishery recommended by the 
Council unless NMFS determines that the purpose, design, and 
administration of the exempted fishery are consistent with the goals 
and objectives of the Council's fishery management plan, the national 
standards (section 301(a) of the Magnuson Act), and other applicable 
law.
    (c) Each vessel participating in any exempted fishery recommended 
by the Council and allowed by NMFS is subject to all provisions of this 
subpart, except those portions which relate to the purpose and nature 
of the exempted fishery. These exceptions will be specified in a permit 
issued by the Regional Director to each vessel participating in the 
exempted fishery and that permit must be carried aboard each 
participating vessel.


Sec. 660.407  Treaty Indian fishing.

    Except as otherwise provided in this subpart, treaty Indian fishing 
in any part of the fishery management area is subject to the provisions 
of this subpart, the Magnuson Act, and any other regulations issued 
under the Magnuson Act.


Sec. 660.408  Annual actions.

    (a) General. NMFS will annually establish or, as necessary, adjust 
management specifications for the commercial, recreational, and treaty 
Indian fisheries by publishing the action in the Federal Register under 
Sec. 660.411. Management specifications are set forth in paragraphs (b) 
through (n) of this section.
    (b) Allowable ocean harvest levels. The allowable ocean harvest for 
commercial, recreational, and treaty Indian fishing may be expressed in 
terms of season regulations expected to achieve a certain optimum 
harvest level or in terms of a particular number of fish. Procedures 
for determining allowable ocean harvest vary by species and fishery 
complexity, and are documented in the fishery management plan and 
Council documents.
    (c) Allocation of ocean harvest levels--(1) Coho and chinook from 
the U.S.-Canada border to Cape Falcon--(i) Overall allocation schedule. 
Initial allocation of coho and chinook salmon north of Cape Falcon, OR, 
will be based on the following schedule:

------------------------------------------------------------------------
                                                      Percentage <SUP>1      
 Allowable non-treaty ocean harvest (thousands -------------------------
                   of fish)                     Commercial  Recreational
------------------------------------------------------------------------
Coho:                                                                   
  0-300.......................................         25           75  
  >300........................................         60           40  
Chinook:                                                                
  0-100.......................................         50           50  
  >100-150....................................         60           40  
  >150........................................         70          30   
------------------------------------------------------------------------
<SUP>1 The percentage allocation is tiered and must be calculated in additive
  steps when the harvest level exceeds the initial tier. For example,   
  for a total allowable ocean harvest of 150,000 chinook, the           
  recreational allocation would be equal to 50 percent of 100,000       
  chinook plus 40 percent of 50,000 chinook or 50,000 + 20,000 = 70,000 
  chinook.                                                              

    (ii) Deviations from allocation schedule. The initial allocation 
may be modified annually in accordance with paragraphs (c)(1)(iii) 
through (vii) of this section. These deviations from the allocation 
schedule provide flexibility to account for the dynamic nature of the 
fisheries and better achieve the allocation objectives and fishery 
allocation priorities in paragraphs (c)(1)(viii) and (ix) of this 
section. Total allowable ocean harvest will be maximized to the extent 
possible consistent with treaty obligations, state fishery needs, and 
spawning requirements. Every effort will be made to establish seasons 
and gear requirements that provide troll and recreational fleets a 
reasonable opportunity to catch the available harvest. These may 
include single-species directed fisheries with landing restrictions for 
other species.
    (iii) Preseason trades. Preseason species trades (chinook and coho) 
may be made if they are based upon the recommendation of the commercial 
and recreational Salmon Advisory Subpanel representatives for the area 
north of Cape Falcon; simultaneously benefit both the commercial and 
recreational fisheries or benefit one fishery without harming the 
other; and are supported by a socio-economic analysis that compares the 
impacts of the recommendation to those of the standard allocation 
schedule to determine the allocation that best meets the allocation 
objectives. This analysis will be made available to the public during 
the preseason process for establishing annual management measures. 
Preseason trades will use an exchange ratio of four coho to one chinook 
as a desirable guideline.
    (iv) Commercial allocation. The commercial allowable ocean harvest 
of chinook and coho derived during the preseason allocation process may 
be varied by major subareas (i.e., north of Leadbetter Point and south 
of Leadbetter Point) if there is need to do so to decrease impacts on 
weak stocks. Deviations in each major subarea will generally not exceed 
50 percent of the allowable ocean harvest of each species that would 
have been established without a geographic deviation in the 
distribution of the allowable ocean harvest. Deviation of more than 50 
percent will be based on a conservation need to protect the weak stocks 
and will provide larger overall harvest for the entire fishery north of 
Cape Falcon than would have been possible without the deviation.
    (v) Recreational allocation. The recreational allowable ocean 
harvest of chinook and coho derived during the preseason allocation 
process will be distributed among the three major recreational subareas 
as described in the coho and chinook distribution sections below. 
Additionally, based upon the recommendation of the recreational Salmon 
Advisory Subpanel representatives for the area north of Cape Falcon, 
the Council will include criteria in its preseason salmon management 
recommendations to guide any inseason transfer of coho among the 
recreational subareas to meet recreational season duration objectives. 
The Council may also establish additional subarea quotas with a major 
subarea to meet recreational season objectives based on agreement of 
representatives of the affected ports.
    (A) Coho distribution. The preseason recreational allowable ocean 
harvest of coho north of Cape Falcon will be distributed to provide 50 
percent to the area north of Leadbetter Point and 50 percent to the 
area south of Leadbetter Point. In years with no fishery in Washington 
State management area 4B, the distribution of coho north of Leadbetter 
Point will be divided to

[[Page 34602]]

provide 74 percent to the subarea between Leadbetter Point and the 
Queets River (Westport) and 26 percent to the subarea north of the 
Queets River (Neah Bay/La Push). In years when there is an area 4B 
fishery under state management, 25 percent of the numerical value of 
that fishery shall be added to the recreational allowable ocean harvest 
north of Leadbetter Point prior to applying the sharing percentages. 
That same value would then be subtracted from the Neah Bay/La Push 
share in order to maintain the same total distribution north of 
Leadbetter Point.
    (B) Chinook distribution. Subarea distributions of chinook will be 
managed as guidelines based on calculations of the Salmon Technical 
Team with the primary objective of achieving all-species fisheries 
without imposing chinook restrictions (i.e., area closures or bag limit 
reductions). Chinook in excess of all-species fisheries needs may be 
utilized by directed chinook fisheries north of Cape Falcon or by 
negotiating a preseason species trade of chinook and coho between 
commercial and recreational allocations in accordance with paragraph 
(c)(1)(iii) of this section.
    (vi) Inseason trades and transfers. Inseason transfers, including 
species trades of chinook and coho, may be permitted in either 
direction between commercial and recreational fishery quotas to allow 
for uncatchable fish in one fishery to be reallocated to the other. 
Fish will be deemed uncatchable by a respective commercial or 
recreational fishery only after considering all possible annual 
management actions to allow for their harvest that are consistent with 
the harvest management objectives specific in the fishery management 
plan including consideration of single species fisheries. 
Implementation of inseason transfers will require consultation with the 
pertinent commercial and recreational Salmon Advisory Subpanel 
representatives from the area involved and the Salmon Technical Team, 
and a clear establishment of available fish and impacts from the 
transfer. Inseason trades or transfers may vary from the guideline 
ratio of four coho to one chinook to meet the allocation objectives in 
paragraph (c)(1)(viii) of this section.
    (vii) Other inseason provisions. Any increase or decrease in the 
recreational or commercial allowable ocean harvest resulting from an 
inseason restructuring of a fishery or other inseason management action 
does not require reallocation of the overall non-treaty allowable ocean 
harvest north of Cape Falcon between the recreational and commercial 
fisheries. Inseason redistribution of subarea quotas within the 
recreational fishery or the distribution of allowable coho catch 
transfers from the commercial fishery among subareas may deviate from 
the preseason distribution. Inseason management actions may be taken by 
the Regional Director to assure meeting the primary objective of 
achieving all-species fisheries without imposing chinook restrictions 
in each of the recreational subareas north of Cape Falcon. Such actions 
might include, but are not limited to: Closure from 0 to 3, 0 to 6, 3 
to 200, or 5 to 200 nm from shore; closure from a point extending due 
west from Tatoosh Island for 5 nm, then south to a point due west of 
Umatilla Reef Buoy, then due east to shore; closure from North Head at 
the Columbia River mouth north to Leadbetter Point; change in species 
that may be landed; or other actions as prescribed in the annual 
management measures.
    (viii) Allocation objectives. The goal of allocating ocean harvest 
north of Cape Falcon is to achieve, to the greatest degree possible, 
the following objectives for the commercial and recreational fisheries. 
When deviation from the allocation schedule is being considered, these 
objectives will serve as criteria to help determine whether a user 
group will benefit from the deviation.
    (A) Provide recreational opportunity by maximizing the duration of 
the fishing season while minimizing daily and area closures and 
restrictions on gear and daily limits.
    (B) Maximize the value of the commercial harvest while providing 
fisheries of reasonable duration.
    (ix) Fishery allocation priorities. The following fishery 
allocation priorities will provide guidance in the preseason process of 
establishing final harvest allocations and structuring seasons that 
best achieve the allocation objectives. To the extent fish are provided 
to each fishery by the allocation schedule, these priorities do not 
favor one user group over the other and should be met simultaneously 
for each fishery. Seasons may be structured that deviate from these 
priorities consistent with the allocation objectives.
    (A) At total allowable harvest levels up to 300,000 coho and 
100,000 chinook: For the recreational fishery, provide coho for a late 
June through early September all-species season; provide chinook to 
allow access to coho and, if possible, a minimal chinook-only fishery 
prior to the all-species season; and adjust days per week and/or 
institute area restrictions to stabilize season duration. For the 
commercial fishery, provide chinook for a May and early June chinook 
season and provide coho for hooking mortality and/or access to a pink 
fishery, and ensure that part of the chinook season will occur after 
June 1.
    (B) At total allowable harvest levels above 300,000 coho and above 
100,000 chinook: For the recreational fishery, relax any restrictions 
in the all-species fishery and/or extend the all-species season beyond 
Labor Day as coho quota allows; provide chinook for a Memorial Day 
through late June chinook-only fishery; and adjust days per week to 
ensure continuity with the all-species season. For the commercial 
fishery, provide coho for an all-species season in late summer and/or 
access to a pink fishery; and leave adequate chinook from the May 
through June season to allow access to coho.
    (2) Coho south of Cape Falcon--(i) Allocation schedule. Preseason 
allocation shares of coho salmon south of Cape Falcon, OR, will be 
determined by an allocation schedule, which is based on the following 
formula. The formula will be used to interpolate between allowable 
harvest levels as shown in the table below.
    (A) Up to 350,000 allowable ocean harvest: The first 150,000 fish 
will be allocated to the recreational fishery. Additional fish will be 
allocated 66.7 percent to troll and 33.3 percent to recreational. The 
incidental coho mortality for a commercial all-salmon-except-coho 
fishery will be deducted from the troll allocation. If the troll 
allocation is insufficient for this purpose, the remaining number of 
coho needed for this estimated incidental coho mortality will be 
deducted from the recreational share.
    (B) From 350,000 to 800,000 allowable ocean harvest: The 
recreational allocation is equal to 14 percent of the allowable harvest 
above 350,000 fish, plus 217,000 fish. The remainder of the allowable 
ocean harvest will be allocated to the troll fishery.
    (C) Above 800,000 allowable ocean harvest: The recreational 
allocation is equal to 10 percent of the allowable harvest above 
800,000 fish, plus 280,000 fish. The remainder of the allowable ocean 
harvest will be allocated to the troll fishery.

[[Page 34603]]



------------------------------------------------------------------------
  Allowable             Commercial                   Recreational       
ocean harvest ----------------------------------------------------------
(thousands of      Number                        Number                 
    fish)        (thousands)    Percentage    (thousands)    Percentage 
------------------------------------------------------------------------
2,700........        2,230           82.6            470          17.4  
2,600........        2,140           82.3            460          17.7  
2,500........        2,050           82.0            450          18.0  
2,400........        1,960           81.7            440          18.3  
2,300........        1,870           81.3            430          18.7  
2,200........        1,780           80.9            420          19.1  
2,100........        1,690           80.5            410          19.5  
2,000........        1,600           80.0            400          20.0  
1,900........        1,510           79.5            390          20.5  
1,800........        1,420           78.9            380          21.1  
1,700........        1,330           78.2            370          21.8  
1,600........        1,240           77.5            360          22.5  
1,500........        1,150           76.7            350          23.3  
1,400........        1,060           75.7            340          24.3  
1,300........          970           74.6            330          25.4  
1,200........          880           73.3            320          26.7  
1,100........          790           71.8            310          28.2  
1,000........          700           70.0            300          30.0  
900..........          610           67.8            290          32.2  
800..........          520           65.0            280          35.0  
700..........          434           62.0            266          38.0  
600..........          348           58.0            252          42.0  
500..........          262           52.4            238          47.6  
400..........          176           44.0            224          56.0  
350..........          133           38.0            217          62.0  
300..........          100           33.3            200          66.7  
200..........       \1\ 33       \1\ 16.5        \1\ 167      \1\ 83.5  
100..........        (\1\)          (\1\)          (\1\)         (\1\)  
------------------------------------------------------------------------
\1\ An incidental coho allowance associated with any commercial all-    
  salmon-except-coho fishery will be deducted from the recreational     
  share of coho during periods of low coho abundance when the commercial
  allocation of coho under the schedule would be insufficient to allow  
  for incidental hooking mortality of coho in the commercial all-salmon-
  except-coho fishery.                                                  

    (ii) Geographic distribution. Allowable harvest south of Cape 
Falcon may be divided and portions assigned to subareas based on 
considerations including, but not limited to, controlling ocean harvest 
impacts on depressed, viable natural stocks within acceptable maximum 
allowable levels; stock abundance; allocation considerations; stock 
specific impacts; relative abundance of the salmon species in the 
fishery; escapement goals; and maximizing harvest potential.
    (iii) Recreational allocation at 167,000 fish or less. When the 
recreational allocation is at 167,000 fish or less, the total 
recreational allowable ocean harvest of coho will be divided between 
two major subareas with independent impact quotas. The initial 
allocation will be 70 percent from Cape Falcon to Humbug Mountain and 
30 percent south of Humbug Mountain. Coho transfers between the two 
impact quotas may be permitted on a one-for-one basis, if chinook 
constraints preclude access to coho. Horse Mountain to Point Arena will 
be managed for an impact guideline of 3 percent of the south of Cape 
Falcon recreational allocation. The recreational coho fishery between 
Humbug Mountain and Point Arena may be closed when it is projected that 
the harvest impact between Humbug Mountain and Point Arena, combined 
with the projected harvest impact that will be taken south of Point 
Arena to the end of the season, equals the impact quota for south of 
Humbug Mountain. The recreational fishery for coho salmon south of 
Point Arena will not close upon attainment of the south of Humbug 
Mountain impact quota.
    (iv) Oregon coastal natural coho. At Oregon coastal natural coho 
spawning escapements of 28 or fewer adults per mile, the allocation 
provisions of paragraph (c)(2)(i) of this section do not apply. 
Fisheries will be established that will provide only the minimum 
incidental harvest of Oregon coastal natural coho necessary to 
prosecute other fisheries, and that under no circumstances will cause 
irreparable harm to the Oregon coastal natural coho stock.
    (v) Inseason reallocation. No later than August 15 each year, the 
Salmon Technical Team will estimate the number of coho salmon needed to 
complete the recreational seasons. Any coho salmon allocated to the 
recreational fishery that are not needed to complete the recreational 
seasons will be reallocated to the commercial fishery. Once 
reallocation has taken place, the remaining recreational quota will 
change to a harvest guideline. If the harvest guideline for the 
recreational fishery is projected to be reached on or before Labor Day, 
the Regional Director may allow the recreational fishery to continue 
through the Labor Day weekend only if there is no significant danger of 
impacting the allocation of another fishery or of failing to meet an 
escapement goal.
    (d) Management boundaries and zones. Management boundaries and 
zones will be established or adjusted to achieve a conservation 
purpose. A conservation purpose protects a fish stock, simplifies 
management of a fishery, or promotes wise use of fishery resources by, 
for example, separating fish stocks, facilitating enforcement, 
separating conflicting fishing activities, or facilitating harvest 
opportunities. Management boundaries and zones will be described by 
geographical references, coordinates (latitude and longitude), LORAN 
readings, depth contours, distance from shore, or similar criteria.
    (e) Minimum harvest lengths. The minimum harvest lengths for 
commercial, recreational, and treaty Indian fishing may be changed upon 
demonstration that a useful purpose will be served. For example, an 
increase in minimum size for commercially caught salmon may be 
necessary for

[[Page 34604]]

conservation or may provide a greater poundage and monetary yield from 
the fishery while not substantially increasing hooking mortality. The 
removal of a minimum size for the recreational fishery may prevent 
wastage of fish and outweigh the detrimental impacts of harvesting 
immature fish.
    (f) Recreational daily bag limits. Recreational daily bag limits 
for each fishing area will be set equal to one, two, or three salmon of 
some combination of species. The recreational daily bag limits for each 
fishing area will be set to maximize the length of the fishing season 
consistent with the allowable level of harvest in the area.
    (g) Fishing gear restrictions. Gear restrictions for commercial, 
recreational, and treaty Indian fishing may be established or modified 
upon demonstration that a useful purpose will be served. For example, 
gear restrictions may be imposed or modified to facilitate enforcement, 
reduce hooking mortality, or reduce gear expenses for fishermen.
    (h) Seasons--(1) In general. Seasons for commercial and 
recreational fishing will be established or modified taking into 
account allowable ocean harvest levels and quotas, allocations between 
the commercial and recreational fisheries, and the estimated amount of 
effort required to catch the available fish based on past seasons.
    (2) Commercial seasons. Commercial seasons will be established or 
modified taking into account wastage of fish that cannot legally be 
retained, size and poundage of fish caught, effort shifts between 
fishing areas, and protection of depressed stocks present in the 
fishing areas. All-species seasons will be established to allow the 
maximum allowable harvest of pink and sockeye salmon without exceeding 
allowable chinook or coho harvest levels and within conservation and 
allocation constraints of the pink and sockeye stocks.
    (3) Recreational seasons. If feasible, recreational seasons will be 
established or modified to encompass Memorial Day and Labor Day 
weekends, and to avoid the need for inseason closures.
    (i) Quotas (by species, including fish caught 0-3 nm seaward of 
Washington, Oregon, and California). Quotas for commercial, 
recreational, and treaty Indian fishing may be established or modified 
to ensure that allowable ocean harvests are not exceeded. Quotas may be 
fixed or adjustable and used in conjunction with seasons. Any quota 
established does not represent a guaranteed ocean harvest, but a 
maximum ceiling on catch.
    (j) Selective fisheries. In addition to the all-species seasons and 
the all-species-except-coho seasons established for the commercial and 
recreational fisheries, selective coho-only, chinook-only, or pink-only 
fisheries may be established if harvestable fish of the target species 
are available; harvest of incidental species will not exceed allowable 
levels; proven, documented selective gear exists; significant wastage 
of incidental species will not occur; and the selective fishery will 
occur in an acceptable time and area where wastage can be minimized and 
target stocks are primarily available.
    (k) Treaty Indian fishing. (1) NMFS will establish or modify treaty 
Indian fishing seasons and/or fixed or adjustable quotas, size limits, 
gear restrictions, and/or area restrictions taking into account 
recommendations of the Council, proposals from affected tribes, and 
relevant Federal court proceedings.
    (2) The combined treaty Indian fishing seasons will not be longer 
than necessary to harvest the allowable treaty Indian catch, which is 
the total treaty harvest that would occur if the tribes chose to take 
their total entitlement of the weakest stock in the fishery management 
area, assuming this level of harvest did not create conservation or 
allocation problems on other stocks.
    (3) Any fixed or adjustable quotas established will be consistent 
with established treaty rights and will not exceed the harvest that 
would occur if the entire treaty entitlement to the weakest run were 
taken by treaty Indian fisheries in the fishery management area.
    (4) If adjustable quotas are established for treaty Indian fishing, 
they may be subject to inseason adjustment because of unanticipated 
coho hooking mortality occurring during the season, catches in treaty 
Indian fisheries inconsistent with those unanticipated under Federal 
regulations, or a need to redistribute quotas to ensure attainment of 
an overall quota.
    (l) Yurok and Hoopa Valley tribal fishing rights. For purposes of 
section 303 of the Magnuson Act, the federally reserved fishing rights 
of the Yurok and Hoopa Valley Indian Tribes as set out in a legal 
opinion <SUP>2 dated October 4, 1993, by the Office of the Solicitor, 
Department of the Interior, are applicable law. Under section 303 of 
the Magnuson Act, allowable ocean harvest must be consistent with all 
applicable laws.
---------------------------------------------------------------------------

    \2\ Copies of the Solicitor's Opinion are available from the 
Director, Southwest Region, NMFS.
---------------------------------------------------------------------------

    (m) Inseason notice procedures. Telephone hotlines and USCG 
broadcasts will provide actual notice of inseason actions for 
commercial, recreational, and treaty Indian fishing.
    (n) Reporting requirements. Reporting requirements for commercial 
fishing may be imposed to ensure timely and accurate assessment of 
catches in regulatory areas subject to quota management. Such reports 
are subject to the limitations described herein. Persons engaged in 
commercial fishing in a regulatory area subject to quota management and 
landing their catch in another regulatory area open to fishing may be 
required to transmit a brief radio report prior to leaving the first 
regulatory area. The regulatory areas subject to these reporting 
requirements, the contents of the radio reports, and the entities 
receiving the reports will be specified annually.


Sec. 660.409  Inseason actions.

    (a) Fixed inseason management provisions. NMFS is authorized to 
take the following inseason management actions annually, as 
appropriate.
    (1) Automatic season closures based on quotas. When a quota for the 
commercial or the recreational fishery, or both, for any salmon species 
in any portion of the fishery management area is projected by the 
Regional Director to be reached on or by a certain date, NMFS will, by 
an inseason action issued under Sec. 660.411, close the commercial or 
recreational fishery, or both, for all salmon species in the portion of 
the fishery management area to which the quota applies as of the date 
the quota is projected to be reached.
    (2) Rescission of automatic closure. If a fishery is closed under a 
quota before the end of a scheduled season based on overestimate of 
actual catch, NMFS will reopen that fishery in as timely a manner as 
possible for all or part of the remaining original season provided NMFS 
finds that a reopening of the fishery is consistent with the management 
objectives for the affected species and the additional open period is 
no less than 24 hours. The season will be reopened by an inseason 
action issued under Sec. 660.411.
    (3) Adjustment for error in preseason estimates. NMFS may, by an 
inseason action issued under Sec. 660.411, make appropriate changes in 
relevant seasons or quotas if a significant computational error or 
errors made in calculating preseason estimates of salmon abundance are 
identified, provided that such correction can be made in a timely 
manner to affect the involved fishery without disrupting the capacity 
to meet

[[Page 34605]]

the objectives of the fishery management plan.
    (b) Flexible inseason management provisions. (1) The Regional 
Director will consult with the Chairman of the Council and the 
appropriate State Directors prior to taking any of the following 
flexible inseason management provisions, which include, but are not 
limited to, the following:
    (i) Modification of quotas and/or fishing seasons.
    (ii) Modification of the species that may be caught and landed 
during specific seasons and the establishment or modification of 
limited retention regulations.
    (iii) Modification of recreational bag limits and recreational 
fishing days per calendar week.
    (iv) Establishment or modification of gear restrictions.
    (v) Modification of boundaries, including landing boundaries, and 
establishment of closed areas.
    (2) Fishery managers must determine that any inseason adjustment in 
management measures is consistent with fishery regimes established by 
the U.S.-Canada Pacific Salmon Commission, ocean escapement goals, 
conservation of the salmon resource, any adjudicated Indian fishing 
rights, and the ocean allocation scheme in the fishery management plan. 
All inseason adjustments will be based on consideration of the 
following factors:
    (i) Predicted sizes of salmon runs.
    (ii) Harvest quotas and hooking mortality limits for the area and 
total allowable impact limitations, if applicable.
    (iii) Amount of commercial, recreational, and treaty Indian catch 
for each species in the area to date.
    (iv) Amount of commercial, recreational, and treaty Indian fishing 
effort in the area to date.
    (v) Estimated average daily catch per fisherman.
    (vi) Predicted fishing effort for the area to the end of the 
scheduled season.
    (vii) Other factors, as appropriate.


Sec. 660.410  Escapement goals.

    (a) Current escapement goals. The following specific escapement 
goals are in effect. Annual management objectives for Washington 
coastal fall, spring, and summer chinook; Puget Sound chinook; 
Washington coastal coho; and Puget Sound coho are developed through 
fixed procedures established in the U.S. District Court.

Summary of Specific Management Goals for Stocks in the Salmon Management
                                  Unit                                  
------------------------------------------------------------------------
                 System                     Spawning <SUP>1 escapement goal  
------------------------------------------------------------------------
Sacramento River Fall Chinook <SUP>2........  122,000 to 180,000 for natural 
                                          and hatchery                  
Klamath River Fall Chinook.............  Between 33 and 34 percent of   
                                          the potential adult natural   
                                          spawners, but no fewer than   
                                          35,000 naturally spawning     
                                          adults in any one year.<SUP>3 The  
                                          brood escapement rate will    
                                          average 33 to 34 percent over 
                                          the long term. The escapement 
                                          rate for each brood may vary  
                                          from the 33 to 34 percent in  
                                          order to achieve the required 
                                          tribal/non-tribal annual      
                                          allocation.                   
Oregon Coastal Chinook.................  150,000 to 200,000 natural     
Columbia River Chinook:                                                 
    Upper River Fall...................  40,000 bright adults above     
                                          McNary Dam.                   
    Upper River Summer.................  80,000 to 90,000 adults above  
                                          Bonneville Dam.               
Upper River Spring.....................  100,000 to 200,000 adults above
                                          Bonneville Dam.               
Lower River Spring (Willamette River)..  30,000 to 45,000 based on run  
                                          size                          
Oregon Coastal Coho....................  Oregon coastal natural (OCN)   
                                          coho spawning escapement is   
                                          based on an aggregate density 
                                          of 42 naturally spawning      
                                          adults per mile in standard   
                                          index survey areas <SUP>4          
Puget Sound Pink.......................  900,000 natural.               
Lake Washington Sockeye <SUP>5..............  300,000 to Lake Washington.    
Columbia River Sockeye <SUP>5...............  65,000 over Priest Rapids.     
------------------------------------------------------------------------
\1\ Represents adult natural spawning escapement goal for viable natural
  stocks or adult hatchery return goal for stocks managed for artificial
  production.                                                           
\2\ Includes upper and lower river components.                          
\3\ The minimum escapement floor of 35,000 naturally spawning adults may
  be modified only by amendment to the FMP.                             
\4\ At OCN stock sizes below 125 percent of the annual numerical        
  escapement goal, an exploitation rate of up to 20 percent will be     
  allowed for incidental impacts of the combined ocean troll, sport, and
  freshwater fisheries. At OCN spawning escapements of 28 or fewer      
  adults per mile, an exploitation rate of up to 20 percent may be      
  allowed to provide only minimum incidental harvest to prosecute other 
  fisheries, provided the rate chosen will cause no irreparable harm to 
  the OCN stock.                                                        
\5\ These stocks represent a negligible component of the Washington     
  ocean harvest.                                                        

    (b) Modification of escapement goals. NMFS is authorized, through 
an action issued under Sec. 660.411, to modify an escapement goal if--
    (1) A comprehensive technical review of the best scientific 
information available provides conclusive evidence that, in the view of 
the Council and the Salmon Technical Team, justifies modification of an 
escapement goal;
    (2) For Oregon coastal chinook, specific goals are developed within 
the overall goal for north coast and south coast stocks; or
    (3) Action by a Federal court indicates that modification of an 
escapement goal is appropriate.


Sec. 660.411  Notification and publication procedures.

    (a) Notification and effective dates. (1) Annual and certain other 
actions taken under Secs. 660.408 and 660.410 will be implemented by an 
action published in the Federal Register, and will be effective upon 
filing, unless a later time is specified in the action.
    (2) Inseason actions taken under Sec. 660.409 will be by actual 
notice available from telephone hotlines and USCG broadcasts, as 
specified annually. Inseason actions will also be published in the 
Federal Register as soon as practicable. Inseason actions will be 
effective from the time specified in the actual notice of the action 
(telephone hotlines and USCG broadcasts), or at the time the inseason 
action published in the Federal Register is effective, whichever comes 
first.
    (3) Any action issued under this section will remain in effect 
until the expiration date stated in the action or until rescinded, 
modified, or

[[Page 34606]]

superseded. However, no inseason action has any effect beyond the end 
of the calendar year in which it is issued.
    (b) Public comment. If time allows, NMFS will invite public comment 
prior to the effective date of any action published in the Federal 
Register. If NMFS determines, for good cause, that an action must be 
filed without affording a prior opportunity for public comment, public 
comments on the action will be received by NMFS for a period of 15 days 
after filing of the action with the Office of the Federal Register.
    (c) Availability of data. The Regional Director will compile in 
aggregate form all data and other information relevant to the action 
being taken and will make them available for public review during 
normal office hours at the Northwest Region, NMFS. For actions 
affecting fisheries occurring primarily or exclusively in the fishery 
management area seaward of California, information relevant to the 
action also will be made available for public review during normal 
office hours at the Southwest Region, NMFS.

                          Table 1 to Part 660.--Quotas for Precious Corals Permit Areas                         
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of       Gear   
          Name of coral bed                  Type of bed            Harvest quota          years     restriction
----------------------------------------------------------------------------------------------------------------
Makapuu..............................  E                       P--2,000 kg............            2            S
                                       ......................  G--600 kg..............            2            S
                                       ......................  B--600 kg..............            2            S
Ke-ahole Point.......................  C                       P--67 kg...............            1  ...........
                                       ......................  G--20 kg...............            1            S
                                       ......................  B--17 kg...............            1            S
Kaena Point..........................  C                       P--67 kg...............            1            S
                                       ......................  G--20 kg...............            1            S
                                       ......................  B--17 kg...............            1            S
Brooks Bank..........................  C                       P--17 kg...............            1            N
                                       ......................  G--133 kg..............            1            N
                                       ......................  B--111 kg..............            1            N
180 Fathom Bank......................  C                       P--222 kg..............            1            N
                                       ......................  G--67 kg...............            1            N
                                       ......................  B--56 kg...............            1            N
Westpac Bed..........................  R                       Zero (0 kg)............  ...........  ...........
Hawaii, American Samoa, Guam, U.S.                             X--1,000 kg (all                   1            N
 Pacific Island possessions.                                    species combined                                
                                                                except black corals)                            
                                                                per area.                                       
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
1. Types of corals: P=Pink G=Gold B=Bamboo.                                                                     
2. There are no restrictions under this part on the harvest of black corals, except the data submission         
  requirements (Sec.  660.3). State regulations on black coral harvesting are not superseded by this part.      
3. Only \1/5\ of the indicated amount is allowed if nonselective gear is used; that is, the nonselective harvest
  will be multiplied by 5 and counted against the quota. If both selective and nonselective methods are used,   
  the bed will be closed when S+5N=Q, where S=selective harvest amount, N=nonselective harvest amount and       
  Q=total harvest quota, for any single species on that bed.                                                    
4. Only selective gear may be used in the EEZ seaward of the main Hawaiian Islands; i.e., south and east of a   
  line midway between Nihoa and Niihau Islands. Nonselective gear or selective gear may be used in all other    
  portions of exploratory areas.                                                                                
5. S=Selective gear only; N=Nonselective or selective gear.                                                     
6. No authorized fishing for coral in refugia.                                                                  


 Table 2 to Part 600.--Vessel Capacity Ratings for West Coast Groundfish
                          Limited Entry Permits                         
------------------------------------------------------------------------
                                                                Capacity
                        Vessel length                            rating 
------------------------------------------------------------------------
<20..........................................................       1.00
 21..........................................................       1.13
 22..........................................................       1.27
 23..........................................................       1.42
 24..........................................................       1.58
 25..........................................................       1.75
 26..........................................................       1.93
 27..........................................................       2.12
 28..........................................................       2.32
 29..........................................................       2.53
 30..........................................................       2.76
 31..........................................................       2.99
 32..........................................................       3.24
 33..........................................................       3.50
 34..........................................................       3.77
 35..........................................................       4.05
 36..........................................................       4.35
 37..........................................................       4.66
 38..........................................................       4.98
 39..........................................................       5.31
 40..........................................................       5.66
 41..........................................................       6.02
 42..........................................................       6.39
 43..........................................................       6.78
 44..........................................................       7.18
 45..........................................................       7.59
 46..........................................................       8.02
 47..........................................................       8.47
 48..........................................................       8.92
 49..........................................................       9.40
 50..........................................................       9.88
 51..........................................................      10.38
 52..........................................................      10.90
 53..........................................................      11.43
 54..........................................................      11.98
 55..........................................................      12.54
 56..........................................................      13.12
 57..........................................................      13.71
 58..........................................................      14.32
 59..........................................................      14.95
 60..........................................................      15.59
 61..........................................................      16.25
 62..........................................................      16.92
 63..........................................................      17.61
 64..........................................................      18.32
 65..........................................................      19.04
 66..........................................................      19.78
 67..........................................................      20.54
 68..........................................................      21.32
 69..........................................................      22.11
 70..........................................................      22.92
 71..........................................................      23.74
 72..........................................................      24.59
 73..........................................................      25.45
 74..........................................................      26.33
 75..........................................................      27.23
 76..........................................................      28.15
 77..........................................................      29.08
 78..........................................................      30.04
 79..........................................................      31.01
 80..........................................................      32.00
 81..........................................................      33.01
 82..........................................................      34.04

[[Page 34607]]

                                                                        
 83..........................................................      35.08
 84..........................................................      36.15
 85..........................................................      37.24
 86..........................................................      38.34
 87..........................................................      39.47
 88..........................................................      40.61
 89..........................................................      41.77
 90..........................................................      42.96
 91..........................................................      44.16
 92..........................................................      45.38
 93..........................................................      46.63
 94..........................................................      47.89
 95..........................................................      49.17
 96..........................................................      50.48
 97..........................................................      51.80
 98..........................................................      53.15
 99..........................................................      54.51
100..........................................................      55.90
101..........................................................      57.31
102..........................................................      58.74
103..........................................................      60.19
104..........................................................      61.66
105..........................................................      63.15
106..........................................................      64.67
107..........................................................      66.20
108..........................................................      67.76
109..........................................................      69.34
110..........................................................      70.94
111..........................................................      72.57
112..........................................................      74.21
113..........................................................      75.88
114..........................................................      77.57
115..........................................................      79.28
116..........................................................      81.02
117..........................................................      82.77
118..........................................................      84.55
119..........................................................      86.36
120..........................................................      88.18
121..........................................................      90.03
122..........................................................      91.90
123..........................................................      93.80
124..........................................................      95.72
125..........................................................      97.66
126..........................................................      99.62
127..........................................................     101.61
128..........................................................     103.62
129..........................................................     105.66
130..........................................................     107.72
131..........................................................     109.80
132..........................................................     111.91
133..........................................................     114.04
134..........................................................     116.20
135..........................................................     118.38
136..........................................................     120.58
137..........................................................     122.81
138..........................................................     125.06
139..........................................................     127.34
140..........................................................     129.64
141..........................................................     131.97
142..........................................................     134.32
143..........................................................     136.70
144..........................................................     139.10
145..........................................................     141.53
146..........................................................     143.98
147..........................................................     146.46
148..........................................................     148.96
149..........................................................     151.49
150..........................................................     154.05
151..........................................................     154.68
152..........................................................     155.31
153..........................................................     155.94
154..........................................................     156.57
155..........................................................     157.20
156..........................................................     157.83
157..........................................................     158.46
158..........................................................     159.10
159..........................................................     159.73
160..........................................................     160.36
161..........................................................     160.99
162..........................................................     161.62
163..........................................................     162.25
164..........................................................     162.88
165..........................................................     163.51
166..........................................................     164.14
167..........................................................     164.77
168..........................................................     165.41
169..........................................................     166.04
170..........................................................     166.67
171..........................................................     167.30
172..........................................................     167.93
173..........................................................     168.56
174..........................................................     169.19
175..........................................................     169.82
176..........................................................     170.45
177..........................................................     171.08
178..........................................................     171.72
179..........................................................     172.35
180..........................................................     172.98
181..........................................................     173.61
182..........................................................     174.24
183..........................................................     174.87
184..........................................................     175.50
185..........................................................     176.13
186..........................................................     176.76
187..........................................................     177.40
188..........................................................     178.03
189..........................................................     178.66
190..........................................................     179.29
191..........................................................     179.92
192..........................................................     180.55
193..........................................................     181.18
194..........................................................     181.81
195..........................................................     182.44
196..........................................................     183.07
197..........................................................     183.71
198..........................................................     184.34
199..........................................................     184.97
200..........................................................     185.60
201..........................................................     186.23
202..........................................................     186.86
203..........................................................     187.49
204..........................................................     188.12
205..........................................................     188.75
206..........................................................     189.38
207..........................................................     190.02
208..........................................................     190.65
209..........................................................     191.28
210..........................................................     191.91
211..........................................................     192.54
212..........................................................     193.17
213..........................................................     193.80
214..........................................................     194.43
215..........................................................     195.06
216..........................................................     195.69
217..........................................................     196.33
218..........................................................     196.96
219..........................................................     197.59
220..........................................................     198.22
221..........................................................     198.85
222..........................................................     199.48
223..........................................................     200.11
224..........................................................     200.74
225..........................................................     201.37
226..........................................................     202.01
227..........................................................     202.64
228..........................................................     203.27
229..........................................................     203.90
230..........................................................     204.53
231..........................................................     205.16
232..........................................................     205.79
233..........................................................     206.42
234..........................................................     207.05
235..........................................................     207.68
236..........................................................     208.32
237..........................................................     208.95
238..........................................................     209.58
239..........................................................     210.21
240..........................................................     210.84
241..........................................................     211.47
242..........................................................     212.10
243..........................................................     212.73
244..........................................................     213.36
245..........................................................     213.99
246..........................................................     214.63
247..........................................................     215.26
248..........................................................     215.89
249..........................................................     216.52
250..........................................................     217.15
251..........................................................     217.78
252..........................................................     218.41
253..........................................................     219.04
254..........................................................     219.67
255..........................................................     220.30
256..........................................................     220.94
257..........................................................     221.57
258..........................................................     222.20
259..........................................................     222.83
260..........................................................     223.46
261..........................................................     224.09
262..........................................................     224.72
263..........................................................     225.35
264..........................................................     225.98
265..........................................................     226.61
266..........................................................     227.25
267..........................................................     227.88
268..........................................................     228.51
269..........................................................     229.14
270..........................................................     229.77
271..........................................................     230.40
272..........................................................     231.03
273..........................................................     231.66
274..........................................................     232.29
275..........................................................     232.93
276..........................................................     233.56
277..........................................................     234.19
278..........................................................     234.82
279..........................................................     235.45
280..........................................................     236.08
281..........................................................     236.71
282..........................................................     237.34
283..........................................................     237.97

[[Page 34608]]

                                                                        
284..........................................................     238.60
285..........................................................     239.24
286..........................................................     239.87
287..........................................................     240.50
288..........................................................     241.13
289..........................................................     241.76
290..........................................................     242.39
291..........................................................     243.02
292..........................................................     243.65
293..........................................................     244.28
294..........................................................     244.91
295..........................................................     245.55
296..........................................................     246.18
297..........................................................     246.81
298..........................................................     247.44
299..........................................................     248.07
300..........................................................     248.70
301..........................................................     249.33
302..........................................................     249.96
303..........................................................     250.59
304..........................................................     251.22
305..........................................................     251.86
306..........................................................     252.49
307..........................................................     253.12
308..........................................................     253.75
309..........................................................     254.38
310..........................................................     255.01
311..........................................................     255.64
312..........................................................     256.27
313..........................................................     256.90
314..........................................................     257.54
315..........................................................     258.17
316..........................................................     258.80
317..........................................................     259.43
318..........................................................     260.06
319..........................................................     260.69
320..........................................................     261.32
321..........................................................     261.95
322..........................................................     262.58
323..........................................................     263.21
324..........................................................     263.85
325..........................................................     264.48
326..........................................................     265.11
327..........................................................     265.74
328..........................................................     266.37
329..........................................................     267.00
330..........................................................     267.63
331..........................................................     268.26
332..........................................................     268.89
333..........................................................     269.52
334..........................................................     270.16
335..........................................................     270.79
336..........................................................     271.42
337..........................................................     272.05
338..........................................................     272.68
339..........................................................     273.31
340..........................................................     273.94
341..........................................................     274.57
342..........................................................     275.20
343..........................................................     275.83
344..........................................................     276.47
345..........................................................     277.10
346..........................................................     277.73
347..........................................................     278.36
348..........................................................     278.99
349..........................................................     279.62
350..........................................................     280.25
351..........................................................     280.88
352..........................................................     281.51
353..........................................................     282.14
354..........................................................     282.78
355..........................................................     283.41
356..........................................................     284.04
357..........................................................     284.67
358..........................................................     285.30
359..........................................................     285.93
360..........................................................     286.56
361..........................................................     287.19
362..........................................................     287.82
363..........................................................     288.46
364..........................................................     289.09
365..........................................................     289.72
366..........................................................     290.35
367..........................................................     290.98
368..........................................................     291.61
369..........................................................     292.24
370..........................................................     292.87
371..........................................................     293.50
372..........................................................     294.13
373..........................................................     294.77
374..........................................................     295.40
375..........................................................     296.03
376..........................................................     296.66
377..........................................................     297.29
378..........................................................     297.92
379..........................................................     298.55
380..........................................................     299.18
381..........................................................     299.81
382..........................................................     300.44
383..........................................................     301.08
384..........................................................     301.71
385..........................................................     302.34
386..........................................................     302.97
387..........................................................     303.60
388..........................................................     304.23
389..........................................................     304.86
390..........................................................     305.49
391..........................................................     306.12
392..........................................................     306.75
393..........................................................     307.39
394..........................................................     308.02
395..........................................................     308.65
396..........................................................     309.28
397..........................................................     309.91
398..........................................................     310.54
399..........................................................     311.17
>400.........................................................     311.80
------------------------------------------------------------------------



BILLING CODE 3510-22-P

[[Page 34609]]

Figure 1 to Part 660--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR02JY96.035


[[Page 34610]]



Figure 2 to Part 660--Length of Longline Vessel
[GRAPHIC] [TIFF OMITTED] TR02JY96.036


[[Page 34611]]



Figure 3 to Part 660--Dressed, Head-off Length of Salmon
[GRAPHIC] [TIFF OMITTED] TR02JY96.037


PARTS 661, 663, 680, 681, 683, and 685--[REMOVED]

    4. Under the authority of 16 U.S.C. 1801 et seq., parts 661, 663, 
680, 681, 683, and 685 are removed.

[FR Doc. 96-16234 Filed 7-1-96; 8:45 am]
BILLING CODE 3510-22-C