ALASKA REGION SUMMARY SETTLEMENT & FIX-IT SCHEDULE VIOLATION VIOLATION HISTORY – PENALTY AMOUNT FIRST SECOND THIRD PERMIT VIOLATIONS 1. Federal Fisheries (FFP) and Federal Processor Permits (FPP) A. Fishing or processing without a valid FFP or FPP (including failure to have a permit authorizing operations category) if permit or endorsement is renewable $750, plus forfeiture of unlawful payment of value thereof $1,000, plus forfeiture of unlawful catch payment of value thereof NA B. Failure to present FFP, FPP, License Limitation, scallop or other limited entry permit on board vessel or at shoreside facility; Failure to present legible permit Fix-it Notice $500 $1,000 2. License Limitation (LLP), scallop, crab or any other limited entry permit (other than halibut or sablefish) A. Fishing, processing or receiving fish without a valid LLP, scallop or crab permit $1,250, plus forfeiture of unlawful fish or fish product, or payment of thereof NA NA B. Fishing, processing or receiving IFQ species without legible permit available for inspection Written Warning $500 $1,000 3. Fail to update or submit notice of substantive change in permit information ▪ FFP and FPP ▪ All other permits Fix-it Notice $700 $300 $900 NA NA 4. IFQ/CVC or CPC permit holder not on vessel $2,000, plus forfeiture of unlawful catch or payment of FMV $3,000, plus forfeiture of unlawful catch or payment of FMV $4,000, plus forfeiture of unlawful catch or payment of FMV
5. Hired master not on named vessel $500 $800 $1,000 6. Permit holder not at landing site $1,000 $1,500 $2,000 7. U.S. national fishing in Russian Zone without valid permit $1,000 NA NA 8. U.S. national failing to carry Russian permit on board or to present for inspection Fix-it Notice: 30 days to apply for permit, present permit or submit reports $250 $500 9. U.S. national failing to submit complete and timely activity reports $250 $500 NA RECORDKEEPING AND REPORTING VIOLATIONS 1. Logbooks (Daily Cumulative Production Log; Daily Fishing Log; IPHC or Halibut Logbook; IFQ/Rationalization logs; Any other logbooks not specifically provided for below) A. Fail to log substantive required information (e.g. information that is needed for real-time management of fishery) in a timely manner (1 count is equal to violation(s) occurring within 1 day – up to 6 days): ▪ Less than 24 hours late ▪ 24 or more late Written Warning $1,000/day $750/day $1,250/day $1,000/day $1,500/day B. Clerical error; non-substantive omission(s); failure to log information in a legible manner (1 count is equal to violations occurring within 1 day up to 15 days) Fix-it Notice $100/day $300/day C. Fail to provide information to a processor or registered buyer (up to 6 counts) ▪ Non-substantive (e.g. discard information from harvesters) ▪ Substantive Written Warning $600 $500 NA
$800 D. Fail to submit logbooks in timely manner or when requested: ▪ Less than 2 weeks late ▪ More than 2 weeks late ▪ Missing pages (up to 5 pages) Written Warning $3,000 $500/page Written Warning $3,250 $600/page $1,000 $3,500 $700/page 2. Product Transfer Reports (PTRs), C/P Offload Report, Daily Production Reports, Check-In/Check-out, Vessel Activity Reports, vessel clearance, VMS confirmation number ▪ Fail to accurately complete a report, timely submit a report, to obtain a required clearance/confirmation $750/report up to 6 instances $1,000/report up to 6 reports $1,500/report up to 6 reports 3. Registered Reports, Shipment Report, Processor Reports ▪ Fail to accurately complete or significantly late submission of a report $3,000/report up to 6 instances $3,250/report up to 6 instances $3,500/report up to 6 instances 4. Fail to retain records for required period A. vessels up to 60’ LOA $500 $750 NA B. vessels greater than 60’ LOA $1,125 $1,500 $2,000 5. Fail to submit Economic Data Report (EDR) Fix-it Notice (60 days to submit EDR) Written Warning $750 MAXIMUM RETAINABLE AMOUNT (MRA) / RETENTION / TIME VIOLATIONS 1. Retention/delivery of unprocessed groundfish in excess of MRA standard(s) in a single calendar year up to Forfeiture of overage or payment of FMV Forfeiture of overage or payment of FMV $1,000, plus forfeiture of overage or payment of FMV
B. vessels more than 40’ LOA $3,000, plus forfeiture of unlawful catch or payment of FMV $4,000, plus forfeiture of unlawful catch or payment of FMV $6,000, plus forfeiture of unlawful catch or payment of FMV 6. Pollock Trip limit overage occurring within a calendar year ▪ less than or equal to 10% ▪ Greater than 10% up to 25% Forfeit overage or payment of FMV $2,000, plus forfeiture of overage or payment of thereof Forfeit overage or payment of FMV $2,500, plus forfeiture of overage or payment of value thereof Forfeit overage or payment of FMV $3,000, plus forfeiture of overage or payment of value thereof 7. IR/IU – Discard any IR/IU species harvested during a directed fishery ˙ Up to 10 metric tons (estimated weight) ˙ More than 10 metric tons (estimated weight) $1,500 $3,500 $2,000 $4,000 $2,500 $4,500 8. IFQ, CDQ and RATIONALIZATION PROGRAMS A. Retain IFQ halibut smaller than the minimum size limit $200/fish up to 20, plus forfeiture of unlawful halibut $300/fish, plus forfeiture of unlawful halibut $400/fish, plus forfeiture of unlawful fish
B. Mutilation/Chunking $200 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut $500 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut $750 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut C. Discard any species required to be retained Written Warning $2,000 $3,500 D. Retain IFQ species without a valid IFQ permit i. 300 pounds or less of halibut $2,000, plus forfeiture of halibut payment of thereof $3,000, plus forfeiture of halibut payment of value thereof NA ii. 100 pounds or less of sablefish $2,000, plus forfeiture of sablefish payment of thereof $3,000, plus forfeiture of sablefish payment of value thereof NA PROHIBITED AND PROTECTED SPECIES VIOLATIONS 1. Fail to carefully release prohibited species (not more than 6 per trip) Written Warning $1,250 $1,500 2. Operating in Walrus, Steller Sea Lion protection, habitat conservation area, or protection area (limited to one day or fishing trip)
i) Fish in the area ii) Operate or in the area $2,500, plus forfeiture of unlawful catch of payment of value thereof $1,000 $4,000, plus forfeiture of unlawful catch payment of value thereof $1,500 $6,000, plus forfeiture of unlawful catch payment of value thereof $2,000 4. Approaching or causing a vessel to or object to approach, by any means, within 100 yards of any humpback whale except as authorized under the MMPA or ESA Commercial operator Non-Commercial operator $750 $350 $1,000 $500 NA NA 5. Retention of salmon that is processed, frozen, landed or intentionally segregated from other catch $225/salmon up to 35, plus forfeiture of salmon $350/salmon up to 35, plus forfeiture of salmon NA 6. Retention of halibut that is processed, frozen, landed or intentionally segregated from other catch (300 pounds or less) $1,000, plus forfeiture of halibut $1,500, plus forfeiture of halibut $2,000, plus forfeiture of halibut 7. Retention of Pacific cod and/or rockfish that are processed, frozen, landed or intentionally segregated from other catch (up to 5,000 pounds - round weight) $1/pound, plus forfeiture of prohibited species $1.5/pound, plus forfeiture of prohibited species $2/pound, plus forfeiture of prohibited species 8. Retention of prohibited species than halibut, salmon, Pacific cod or rockfish that are processed, frozen, landed or intentionally $3.75/pound, plus forfeiture of prohibited species $4.50/pound, plus forfeiture of prohibited species $5.25/pound, plus forfeiture of prohibited species
segregated from other catch (up to 2,000 pounds – round weight) OBSERVER VIOLATIONS 1. Fail to notify observer, observer provider or NMFS to bringing fish on board, offloading, receipt or transfer of fish, or of planned operations (e.g. register a fishing trip, salmon count/sampling crew entering fish tank/bin, fish removals or additions to bin, etc.); discarding samples; tampering with observer gear $1,000/instance up to 3 instances $1,500/instance up to 3 instances $2,000/instance up to 3 instances 2. Fail to meet required observer coverage, if vessel is subject to partial coverage requirement $1,000/day up to 10 days $1,500/day up to 10 days $2,000/day up to 10 days 3. Presort or discard any catch prior to giving observer opportunity to sample or prior to completing sampling; $2,500 per documented fish or incident up to 6 incidents $3,000 per documented fish or incident up to 6 incidents $4,000 per documented incident up to 6 incidents 4. sorting catch before the observer has completed counting and collecting samples/data from previous haul $2,500 per documented incident up to 2 $3,000 per documented incident up to 2 $4,000 per documented incident up to 2 5. Require observer to perform duties normally performed by crew members (up to two violations) $1,000/violation $1,250/violation $1,500/violation 6. Fail to allow observer access to area, catch, equipment or records, or to provide required records (up to two instances) $2,000/instance $2,500/instance $3,000/instance 7. Deploy an observer for more than 90 days (up to 5 days in each calendar year) $1,500/day $2,000/day $2,500/day
E. Discard or presort salmon to sampling by an observer $2,500/fish $3,000/fish $5,000/fish COMMERCIAL EQUIPMENT and GEAR VIOLATIONS (e.g., vessel monitoring system, seabird avoidance, fishing gear configuration, gear marking) 1. Fail to accurately conduct daily flow scale test $2,000/day (up to 3 days) $2,500/day (up to 3 days) $3,000/day (up to 3 days) 2. Improper or no buoy or other gear markings Fix It within 15 days $375 for each buoy up to 5 buoys $500 for each buoy up to 5 buoys 3. Use of non-compliant pot or trawl gear: $375 for each pot, roller, or bobbin – up to 5 $375 for each pot, roller, or bobbin – up to 5 $375 for each pot, roller, or bobbin – up to 5 4. Seabird Avoidance Gear A. Fail to set second streamer line; Fail to set seabird avoidance gear (for vessels with gear on board); Fail to set complaint seabird avoidance gear; Fail to deploy line at proper distance; Written Warning $375 for each set up to 5 sets $500 for each set up to 5 sets 5. Fish Bins A. Fail to obtain valid bin certification $5,000 NA NA B. Fail to submit copy of bin certification $2,500 $3,000 NA C. Fail to accurately or permanently mark bins or to provide adequate lighting for the viewing marks $750 $1,000 $1,250
B. 33.1-66% and exceeding 1000 pounds $1/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the beginning of the trip $1.5/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the start of the trip $2/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the start of the trip C. 66.1-100% and exceeding 1000 pounds $1.5/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the beginning of the trip $2/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the beginning of the trip $2.25/pound of overage, plus forfeiture of proceeds or return of proceeds of all IFQ exceeding 100% of IFQ available at the beginning of the trip 5. Crab IFQ Overages in a single calendar year; Possession or sale of IFQ species by quota share holder with no remaining IFQ or CDQ for vessel or area A. Exceed remaining balance of IFQ up to 5% Forfeiture of overage payment of value thereof Forfeiture of overage payment of value thereof Forfeiture of overage payment of value thereof B. Exceed remaining balance of IFQ by more than 5% but no more than 50% $2,000, plus forfeiture of overage payment of value thereof $2,250, plus forfeiture of overage payment of value thereof $2,250, plus forfeiture of overage payment of value thereof
10. Exceed vessel cap or sideboard ≤ 5% Forfeiture of excess or payment of value thereof $1/pound of overage, plus forfeiture of catch payment of value thereof NA HALIBUT SPORT, CHARTER AND SUBSISTENCE VIOLATIONS 1. Fail to report tagged halibut to IPHC personnel at time of landing Written Warning $500 $800 FISHING 1. Sport fishing during closed season $200 per fish, plus forfeiture of halibut $500, plus forfeiture of halibut $1,000, plus forfeiture of halibut 2. Use of unlawful gear Written Warning, plus forfeiture of halibut $500, plus forfeiture of halibut $1,000, plus forfeiture of halibut 3. Over bag or possession limit $200/fish over plus forfeiture of halibut over limit $500/fish over limit, plus forfeiture of halibut over limit $1,000/fish over limit, plus forfeiture of halibut over limit
4. Mutilation/Chunking $200 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut $500 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut $750 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut 5. Possession of sport catch on vessel with commercial or subsistence catch on board $200/halibut up to 33 halibut, plus forfeiture of sport-caught halibut $500/halibut up to 33 halibut, plus forfeiture of sport-caught halibut NA SUBSISTENCE FISHING 1. Fishing for halibut without a SHRC, but qualify for SHRC Verbal Warning Written Warning $500 2. Fail to present SHRC Verbal Warning Written Warning $100 3. Fishing for halibut Written Warning, $500, plus forfeiture of halibut $1,000, plus forfeiture of halibut
without a SHRC, and not qualify for SHRC plus forfeiture of halibut 4. Exceeding daily bag or possession limit $200/fish, plus forfeiture of halibut exceeding daily bag or possession limit $500/fish, plus forfeiture of halibut exceeding daily personal limit $1,000/fish, plus forfeiture of halibut exceeding daily personal limit 5. Mutilation of Halibut $200 for each 25 pounds, plus forfeiture of all mutilated halibut $500 for each 25 pounds, plus forfeiture of mutilated halibut $1,000 for each 25 pounds, plus forfeiture of mutilated halibut 6. Using more hooks than allowed on subsistence gear ▪ up to 200% in excess of Written Warning Written Warning $500 $800 $1,000 $1,500
allowable hooks ▪ More than 200% of allowable hooks 7. Improper or no buoy or other gear markings Fix It within 15 days $50 for each buoy up to 5 buoys $75 for each buoy up to 5 buoys 8. Fishing in an unauthorized area; vessel with halibut on board within unauthorized area Written Warning $250, plus forfeiture of all halibut $500, plus forfeiture of all halibut 9 person applied for SHRC Written Warning plus revocation of SHRC $300, plus revocation of SHRC N/A HALIBUT CHARTER VIOLATIONS 1. Fail to submit ADF&G Saltwater Sport $500 $800 $1,000
5. Exceed sport bag limit; (joint & several for angler and guide) $200/fish, plus forfeiture of halibut exceeding limit $500/fish, plus forfeiture of halibut exceeding $1,000/fish, plus forfeiture of halibut exceeding limit 6. Chunking or mutilation of halibut (joint & several for angler and guide) $200 for each 25 pounds of mutilated halibut, plus forfeiture of all mutilated halibut $500 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut $750 for each 25 pounds of mutilated halibut, plus forfeiture of mutilated halibut 7. Retain halibut in violation of size limitations Written Warning, plus forfeiture of halibut exceeding $300/fish, plus forfeiture of halibut exceeding $500/fish, plus forfeiture of halibut exceeding limit 8. Fishing during closed season (guide) $225/angler up to 22 anglers, plus forfeiture of all halibut (by both NA NA
anglers and 9. Fail to retain halibut carcass if required Written Warning $300 per halibut NA 10. Exceeding CHP angler endorsement $300 per angler $600 per angler NA 11. Fail to begin or end charter halibut fishing trip in CQE community for which permit is valid Written Warning $300 per angler NA 12. Charter halibut fishing in Area 2C and 3A on same fishing trip $200/angler NA NA