34570 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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removes duplicative and outdated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-ofinformation 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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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

§ 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-ofinformation 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-ofinformation 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 (§§ 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 (§§ 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 (§ 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 (§ 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 (§ 660.305).

f. Approved under 0648–0305—Gear

identification requirements, estimated at

30 minutes per response (§§ 660.24,

660.48, and 660.322).

g. Approved under 0648–0306—

Vessel identification requirements,

estimated at 35 minutes per response

(§§ 660.16 and 660.305).

h. Approved under 0648–0307—

Arrangements for placing and adjusting

vessel monitoring system units,
34572 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

estimated at 1 hour per response

(§ 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 § 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:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section where the

information collection requirement is located

Current OMB

control number (all numbers begin

with 0648–)

* * * * *

50 CFR

* * * * *

§ 660.13 .................................. –0204

§ 660.14 .................................. –0214

§ 660.16 .................................. –0306

§ 660.17 .................................. –0204

§ 660.21(k) .............................. –0204

§ 660.23 .................................. –0214

§ 660.24 .................................. –0305

§ 660.25 .................................. –0307

§ 660.27 .................................. –0214

§ 660.28 .................................. –0214

§ 660.43 .................................. –0214

§ 660.48 .................................. 1 –0214

§ 660.303 ................................ –0271

§ 660.305 ................................ –0306

§ 660.322 ................................ –0305

§ 660.323 ................................ –0243

§ 660.333 ................................ –0203

1And –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.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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

§ 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.

§ 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.

§ 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

§ 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.

§ 660.12 Definitions.

In addition to the definitions in the

Magnuson Act and in § 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 § 660.69.

Bottomfish management unit species

means the following fish:

Common name Local name Scientific name

Snappers:

Silver jaw jobfish ........................................ Lehi (H); palu-gustusilvia (S) ............................ Aphareus rutilans.

Gray jobfish ................................................ Uku (H); asoama (S) ........................................ Aprion virescens.

Squirrelfish snapper ................................... Ehu (H); palu-malau (S) ................................... Etelis carbunculus.

Longtail snapper ......................................... Onaga, ula’T1ula (H); palu-loa (S) ................... Etelis coruscans.

Blue stripe snapper .................................... Ta’ape (H); savane (S); funai (G) .................... Lutjanus kasmira.

Yellowtail snapper ...................................... Palu-i’ lusama (S); yellowtail kalekale .............. Pristipomoides auricilla.

Pink snapper .............................................. Opakapaka (H); palu-’Tlena’lena (S); gadao

(G).

Pristipomoides.

Yelloweye snapper ..................................... Palusina (S); yelloweye opakapaka ................. Pristipomoides flavipinnis.

Snapper ...................................................... Kalekale (H) ...................................................... Pristipomoides sieboldii.

Snapper ...................................................... Gindai (H,G); palu-sega (S) ............................. Pristipomoides zonatus.

Jacks:

Giant trevally .............................................. White ulua (H); tarakito (G); sapo-anae (S) ..... Caranx ignoblis.

Black jack ................................................... Black ulua (H); tarakito (G); tafauli (S) ............. Caranx lugubris.

Thick lipped trevally ................................... Pig ulua (H); butaguchi (H) .............................. Pseudocaranx dentex.

Amberjack .................................................. Kahala (H) ........................................................ Seriola dumerili.

Groupers:

Blacktip grouper ......................................... Fausi (S); gadau (G) ........................................ Epinephelus 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 (S); mafuti (G) .................... Lethrinus 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.
34574 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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

§ 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 § 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 § 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 § 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 §§ 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 § 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 § 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 § 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° 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° 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 § 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 § 600.502.

Pacific pelagic management unit

species means the following fish:
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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°18.0′ N. lat., 157°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°46.0′ N. lat., 156°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°35.4′ N. lat.,

158°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°06.0′ N. lat.,

166°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°50.2′ N. lat., 178°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°50.2′ N. lat.,

162°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 § 660.66, around the

following islands of the NWHI and as

measured from the following

coordinates: Nihoa Island 23°05′ N. lat.,

161°55′ W. long.; Necker Island 23°35′

N. lat., 164°40′ W. long.; French Frigate

Shoals 23°45′ N. lat., 166°15′ W. long.;

Gardner Pinnacles 25°00′ N. lat., 168°00′

W. long.; Maro Reef 25°25′ N. lat.,

170°35′ W. long.; Laysan Island 25°45′

N. lat., 171°45′ W. long.; Lisianski

Island 26°00′ N. lat., 173°55′ W. long.;

Pearl and Hermes Reef 27°50′ N. lat.,

175°50′ W. long.; Midway Island 28°14′

N. lat., 177°22′ W. long.; and Kure

Island 28°25′ N. lat., 178°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 § 660.26, measured

from the center geographical positions

of certain islands and reefs in the

NWHI, as follows: Nihoa Island 23°05′

N. lat., 161°55′ W. long.; Necker Island

23°35′ N. lat., 164°40′ W. long.; French

Frigate Shoals 23°45′ N. lat., 166°15′ W.

long; Gardner Pinnacles 25°00′ N. lat.,

168°00′ W. long.; Maro Reef 25°25′ N.

lat., 170°35′ W. long.; Laysan Island

25°45′ N. lat., 171°45′ W. long; Lisianski

Island 26°00′ N. lat., 173°55′ W. long.;

Pearl and Hermes Reef 27°50′ N. lat.,

175°50′ W. long.; Midway Islands 28°14′

N. lat., 177°22′ W. long.; and Kure

Island 28°25′ N. lat., 178°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 § 660.61.

(1) Permit renewal. A qualifying

landing for permit renewal under

§ 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 § 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 § 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

§ 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.
34576 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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.

§ 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 § 660.21, § 660.41,

§ 660.61, or § 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

§ 660.21(h), § 660.41(e), or § 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.

§ 660.14 Reporting and recordkeeping.

(a) Fishing record forms. The operator

of any fishing vessel subject to the

requirements of §§ 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

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

§ 660.15 Prohibitions.

In addition to the prohibitions in

§ 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

§ 660.13 or § 660.17, unless the vessel

was at sea when the permit was issued

under § 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

§ 660.13 or an EFP under § 660.17.

(c) Fail to file reports in the exact

manner required by any state law or

regulation, as required in § 660.14.

(d) Falsify or fail to make, keep,

maintain, or submit any logbook or

logbook form or other record or report

required under §§ 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 § 660.14.

(f) Fail to affix or maintain vessel or

gear markings, as required by §§ 660.16,

660.24, and 660.47.

(g) Violate a term or condition of an

EFP issued under § 660.17.

(h) Fail to report any take of or

interaction with protected species as

required by § 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 §§ 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

§ 660.28, § 660.49, or § 660.65, or under

any provision in an EFP issued under

§ 660.17.

(k) Fail to notify officials as required

in §§ 660.23, 660.28, 660.43, and 660.63.

§ 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.

§ 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
34578 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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

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

§ 660.22 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this chapter, it

is unlawful for any person to do any of

the following:

(a) Fish for Pacific pelagic

management unit species using gear

prohibited under § 660.30 or not

permitted by an EFP issued under

§ 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

§ 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

§ 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 § 660.23(b).

(i) Fish with longline gear within a

longline fishing prohibited area, except

as allowed pursuant to an exemption

issued under § 660.17 or § 660.17.

(j) Fail to comply with notification

requirements set forth in § 660.23 or in

any EFP issued under § 660.17.

(k) Fail to comply with a term or

condition governing the observer

program established in § 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 § 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 § 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 § 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 § 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.
34580 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(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.

§ 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 § 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.

§ 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.

§ 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.

§ 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 § 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°05′ 155°40′

B ................... 18°20′ 156°25′

C ................... 20°00′ 157°30′

D ................... 20°40′ 161°40′

E ................... 21°40′ 161°55′

F ................... 23°00′ 161°30′

G .................. 23°05′ 159°30′

H ................... 22°55′ 157°30′

I .................... 21°30′ 155°30′

J ................... 19°50′ 153°50′

K ................... 19°00′ 154°05′

A ................... 18°05′ 155°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°05′ 155°40′

L ................... 18°25′ 155°40′

M .................. 19°00′ 154°45′

N ................... 19°15′ 154°25′

O .................. 19°40′ 154°20′

P ................... 20°20′ 154°55′

Q .................. 20°35′ 155°30′

R ................... 21°00′ 155°35′

S ................... 22°30′ 157°35′

T ................... 22°40′ 159°35′

U ................... 22°25′ 160°20′

V ................... 21°55′ 160°55′

W .................. 21°40′ 161°00′

E ................... 21°40′ 161°55′

D ................... 20°40′ 161°40′

C ................... 20°00′ 157°30′

B ................... 18°20′ 156°25′

A ................... 18°05′ 155°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°25′ 144°00′

B ................... 14°00′ 143°38′

C ................... 13°41′ 144°33′30′′

D ................... 13°00′ 143°25′30′′

E ................... 12°20′ 143°37′

F ................... 11°40′ 144°09′

G .................. 12°00′ 145°00′

H ................... 13°00′ 145°42′

I .................... 13°27′ 145°51′

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

§ 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 § 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
34582 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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.

§ 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.

§ 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 § 660.17.

§ 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

§ 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 § 660.13.

(c) Application. An application for a

permit required under this section will

be submitted to the Pacific Area Office

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

§ 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.

§ 660.42 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this chapter

and § 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 § 660.41;

(ii) By methods other than lobster

traps or by hand for lobsters, as

specified in § 660.48;

(iii) From closed areas for lobsters, as

specified in § 660.46;

(iv) During a closed season, as

specified in § 660.45; or

(v) After the closure date, as specified

in § 660.50, and until the fishery opens

again in the following calendar year.

(2) Fail to report before landing or

offloading as specified in § 660.43.

(3) Fail to comply with any protective

measures implemented under § 660.51

or § 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 §§ 660.45,

660.50, 660.51, or 660.52.

(5) Leave a trap unattended in the

Management Area except as provided in

§ 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 § 660.48.

(7) Land lobsters taken in Permit Area

1 after the closure date, as specified in

§ 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 § 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 § 660.48; or

(ii) During a closed season, as

specified in § 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 § 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 § 660.44.

(4) Retain or possess on a fishing

vessel, or remove the eggs from, any eggbearing lobster, as specified in § 660.44.

§ 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.

§ 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.

§ 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.
34584 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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 (OctoberFebruary).

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

§ 660.52 Monk seal emergency protective

measures.

(a) Determination of emergency. If, at

any time during the process described

in § 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

§ 660.51.

§ 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 reinstituted. 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.
34586 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

§ 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

§ 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 § 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

§ 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

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

§ 660.62 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this chapter

and § 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

§ 660.64.

(b) Fish for bottomfish in the

Ho’omalu Zone without a limited access

permit issued under §§ 660.13 and

660.61.

(c) Fish for bottomfish in the Mau

Zone without a permit issued under

§§ 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 § 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 § 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 § 660.63.

§ 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 § 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.

§ 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

§ 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.

§ 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 timesharing of common facilities must be

established and approved by the

Regional Director prior to the vessel’s

departure from port.

§ 660.66 Protected species conservation.

The Regional Director may change the

size of the protected species study zones

defined in § 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.

§ 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.
34588 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(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.

§ 660.68 Fishing moratorium on Hancock

Seamount.

Fishing for bottomfish and seamount

groundfish on the Hancock Seamount is

prohibited through August 31, 1998.

§ 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°20′

W. long.

(2) Northwestern Hawaiian Islands

(NWHI) means the EEZ of the Hawaiian

Islands Archipelago lying to the west of

161°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° W. long.

(ii) Mau Zone means that portion of

the EEZ around the NWHI between

161°20′ W. long. and 165° W. long.

(3) Hancock Seamount means that

portion of the EEZ in the Northwestern

Hawaiian Islands west of 180°00′ W.

long. and north of 28°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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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

§ 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

§ 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 § 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 § 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 § 660.13.

§ 660.82 Prohibitions.

In addition to the general prohibitions

specified in § 600.725 of this chapter

and in § 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 § 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 § 660.88.

(2) In refugia specified in § 660.12.

(3) In a bed for which the quota

specified in § 660.84 has been attained.

(4) In violation of any permit issued

under § 660.13 or § 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

§ 660.86, unless:

(1) A valid EFP was issued under

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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°18.0′ N.

lat., 162°35.0′ W. long.

§ 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.

§ 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
34590 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(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 § 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 § 600.10).

(5) Commercial vertical hook-andline. Commercial fishing with hook-andline 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 § 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° 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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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 longterm 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 § 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.

§ 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
34592 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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.

§ 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°35′75′′ N. lat., 124°4300 W. long.)

south of the International Boundary

between the U.S. and Canada (at

48°2937.19 N. lat., 124°4333.19 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°29′37.19′′ 124°43′33.19′′

2 .................. 48°30′11′′ 124°47′13′′

3 .................. 48°30′22′′ 124°50′21′′

4 .................. 48°30′14′′ 124°54′52′′

5 .................. 48°29′57′′ 124°59′14′′

6 .................. 48°29′44′′ 125°00′06′′

7 .................. 48°28′09′′ 125°05′47′′

8 .................. 48°27′10′′ 125°08′25′′

9 .................. 48°26′47′′ 125°09′12′′

10 ................ 48°20′16′′ 125°22′48′′

11 ................ 48°18′22′′ 125°29′58′′

12 ................ 48°11′05′′ 125°53′48′′

13 ................ 47°49′15′′ 126°40′57′′

14 ................ 47°36′47′′ 127°11′58′′

15 ................ 47°22′00′′ 127°41′23′′

16 ................ 46°42′05′′ 128°51′56′′

17 ................ 46°31′47′′ 129°07′39′′

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

(b) Columbia. (1) The northern limit is

47°30′ N. lat.

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

(c) Eureka. (1) The northern limit is

43°00′ N. lat.

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

(d) Monterey. (1) The northern limit is

40°30′ N. lat.

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

(e) Conception. (1) The northern limit

is 36°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°35′22′′ 117°27′49′′

2 ................... 32°37′37′′ 117°49′31′′

.

3 ................... 31°07′58′′ 118°36′18′′

4 ................... 30°32′31′′ 121°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.

§ 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.

§ 660.306 Prohibitions.

In addition to the general prohibitions

specified in § 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 § 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

§ 660.305 or § 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 § 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

§ 660.321, § 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 § 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 roundweight 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 hookand-line that is not in compliance with

the gear restrictions in § 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

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

§ 663.324; when taking and retention is

prohibited under § 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 hookand-line fishing vessel (other than a

vessel operated by persons under

§ 660.323(b)(1)(ii)), more than the

amount of the trip limit set for black

rockfish by § 660.323 while that vessel

is fishing between the U.S.-Canada

border and Cape Alava (48°09′30′′ N.

lat.), or between Destruction Island

(47°40′00′′ N. lat.) and Leadbetter Point

(46°38′10′′ N. lat.).

(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.

§ 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 § 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.

§ 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-andline, 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

Trawl conception type

Subarea

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
34594 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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°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.

§ 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 hookand-line gear between the U.S.-Canada

border and Cape Alava (48°09′30′′ N.

lat.), and between Destruction Island

(47°40′ N. lat.) and Leadbetter Point

(46°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 openaccess 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 mopup 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 openaccess 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°00′ N. lat., on

March 1 between 42°00′ N. lat. and

40°30′ N. lat., and on April 15 south of

40°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°38′48′′ N.

lat. (approximately 6 nm north of the

Klamath River mouth), on the west by

124°23′ W. long. (approximately 12 nm

from shore), and on the south by

41°26′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°18′

N. lat. to 124°13′18′′ W. long., then

southerly along a line of 167 True to

46°11′06′′ N. lat. and 124°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

§ 660.321 or § 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°00′ to 40°30′

N. lat.).

(iv) At-sea processing. Pacific whiting

may not be processed at sea south of

42°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°00′ N. lat. between 0001 hours to

one-half hour after official sunrise (local

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

N. lat., trawl doors must be on board

any vessel used to fish for whiting and

the trawl must be attached to the trawl

doors. Official sunrise is determined, to

the nearest 5° lat., in The Nautical

Almanac issued annually by the
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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.

§ 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°02′15′′ N. lat. (Norwegian

Memorial) and east of 125°44′00′′ W.

long.

(2) Quileute—That portion of the

FMA between 48°07′36′′ N. lat. (Sand

Point) and 47°31′42′′ N. lat. (Queets

River) and east of 125°44′00′′ W. long.

(3) Hoh—That portion of the FMA

between 47°54′18′′ N. lat. (Quillayute

River) and 47°21′00′′ N. lat. (Quinault

River) and east of 125°44′00′′ W. long.
34596 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(4) Quinault—That portion of the

FMA between 47°40′06′′ N. lat.

(Destruction Island) and 46°53′18′′ N.

lat. (Point Chehalis) and east of

125°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°09′30′′ N. lat.) and

between Destruction Island (47°40′00′′

N. lat.) and Leadbetter Point (46°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.

§ 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.

§ 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 § 660.338, the windowperiod 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.

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

§§ 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
34598 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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.

§ 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

§ 660.333.

(c) An ‘‘A’’ endorsement expires on

failure to renew the limited entry permit

to which it is affixed (see § 660.333).

§ 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.

§ 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.

§ 660.337 Limited entry permits—

‘‘designated species B’’ endorsement.

(a) Issuance criteria—(1) General.

Designated species means Pacific

whiting, jack mackerel north of 39° 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.

§ 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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34599

1The line joining these coordinates is the

provisional international boundary of the U.S. EEZ

as shown on NOAA/NOS Charts #18480 and

#18002.

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.

§ 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.

§ 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.

§ 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

§ 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.

§ 660.402 Definitions.

In addition to the definitions in the

Magnuson Act and in § 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 § 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°29′37′′ N. lat.,

124°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 1 connecting the

following coordinates:

N. lat. W. long.

48°29′37.19′′ 124°43′33.19′′

48°30′11′′ 124°47′13′′

48°30′22′′ 124°50′21′′

48°30′14′′ 124°52′52′′

48°29′57′′ 124°59′14′′

48°29′44′′ 125°00′06′′

48°28′09′′ 125°05′47′′

48°27′10′′ 125°08′25′′

48°26′47′′ 125°09′12′′

48°20′16′′ 125°22′48′′

48°18′22′′ 125°29′58′′

48°11′05′′ 125°53′48′′

47°49′15′′ 126°40′57′′

47°36′47′′ 127°11′58′′

47°22′00′′ 127°41′23′′

46°42′05′′ 128°51′56′′

46°31′47′′ 129°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°35′22′′ 117°27′49′′

32°37′37′′ 117°49′31′′

31°07′58′′ 118°36′18′′

30°32′31′′ 121°51′58′′

(4) The inner boundaries of the

fishery management area are subject to
34600 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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 § 660.408 and not for

the purpose of sale or barter.

Recreational fishing gear will be

defined annually under § 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 § 660.408.

Whole bait means a hook or hooks

baited with whole natural bait with no

device to attract fish other than a

flasher.

§ 660.403 Relation to other laws.

(a) The relation of this part to other

laws is set forth in § 600.705 of this

chapter, § 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 § 660.305.

(c) Any person fishing subject to this

subpart is bound by the international

boundaries of the fishery management

area described in § 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.

§ 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 § 660.408.

§ 660.405 Prohibitions.

(a) In addition to the general

prohibitions specified in § 600.725 of

this chapter, it is unlawful for any

person to do any of the following:

(1) Take and retain or land salmon

caught with a net in the fishery

management area, except that a handheld 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 § 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, headoff 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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 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.

§ 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.

§ 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.

§ 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 § 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:

Allowable non-treaty

ocean harvest (thousands of fish)

Percentage 1

CommercialRecreational

Coho:

0–300 ......................... 25 75

>300 .......................... 60 40

Chinook:

0–100 ......................... 50 50

>100–150 .................. 60 40

>150 .......................... 70 30

1The 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 singlespecies 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
34602 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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 allspecies 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-salmonexcept-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.
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34603

Allowable ocean harvest

(thousands of fish)

Commercial Recreational

Number

(thousands) Percentage Number(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)

1An 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-forone 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
34604 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

2Copies of the Solicitor’s Opinion are available

from the Director, Southwest Region, NMFS.

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 allspecies-except-coho seasons established

for the commercial and recreational

fisheries, selective coho-only, chinookonly, 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 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.

(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.

§ 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 § 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 § 660.411.

(3) Adjustment for error in preseason

estimates. NMFS may, by an inseason

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

§ 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 1 escapement goal

Sacramento River Fall Chinook 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.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 4

Puget Sound Pink ..................................................................................... 900,000 natural.

Lake Washington Sockeye 5 ..................................................................... 300,000 to Lake Washington.

Columbia River Sockeye 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.

3The minimum escapement floor of 35,000 naturally spawning adults may be modified only by amendment to the FMP.

4At 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. 5These stocks represent a negligible component of the Washington ocean harvest.

(b) Modification of escapement goals.

NMFS is authorized, through an action

issued under § 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.

§ 660.411 Notification and publication

procedures.

(a) Notification and effective dates. (1)

Annual and certain other actions taken

under §§ 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

§ 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
34606 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

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

Name of coral bed Type of

bed Harvest quota Number ofyears

Gear 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. Pacific Island possessions.X—1,000 kg (all species combined except black

corals) per area.

1 N

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 (§ 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

Vessel length Capacity

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34607

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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
34608 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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

TABLE 2 TO PART 600.—VESSEL CAPACITY RATINGS FOR WEST COAST

GROUNDFISH LIMITED ENTRY PERMITS—Continued

Vessel length Capacity

rating

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
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34609

Figure 1 to Part 660—Carapace Length of Lobsters
34610 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

Figure 2 to Part 660—Length of Longline Vessel
Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34611

Figure 3 to Part 660—Dressed, Head-off Length of Salmon

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