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For sale by U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328
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Page Explanation ...... v
Title 50:
Chapter VI—Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Com- merce ...... 3
Finding Aids:
Material Approved for Incorporation by Reference ...... 673
Table of CFR Titles and Chapters ...... 675
Alphabetical List of Agencies Appearing in the CFR ...... 693
List of CFR Sections Affected ...... 703
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To cite the regulations in this volume use title, part and section num- ber. Thus, 50 CFR 600.5 refers to title 50, part 600, section 5.
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agen- cies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to deter- mine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 1999), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usu- ally not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.
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RAYMOND A. MOSLEY, Director, Office of the Federal Register. October 1, 1999.
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Title 50—FISH AND WILDLIFE is composed of three volumes. The parts in these volumes are arranged in the following order: Parts 1–199, parts 200–599 and part 600 to end. The first volume (parts 1–199) contains the current regulations issued under chapter I—United States Fish and Wildlife Service, Department of the Inte- rior. The second volume (parts 200–599) contains the current regulations issued under chapter II—National Marine Fisheries Service, National Oceanic and At- mospheric Administration, Department of Commerce; chapter III—International Fishing and Related Activities, chapter IV—Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fish- eries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee regulations; and chapter V—Marine Mammal Commission. The third volume (part 600 to end) contains the current regulations issued under chapter VI—Fishery Conservation and Management, Na- tional Oceanic and Atmospheric Administration, Department of Commerce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 1999.
Alphabetical listings of endangered and threatened wildlife and plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric Adminis- tration appear in 15 CFR 902.1.
For this volume, Carol Conroy was Chief Editor. The Code of Federal Regula- tions publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
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(This book contains part 600 to end)
Part
CHAPTER VI—Fishery Conservation and Management, Na- tional Oceanic and Atmospheric Administration, Depart- ment of Commerce ...... 600
CROSS REFERENCES: Commercial fishing on Red Lake Indian Reservation, Bureau of Indian Affairs: 25 CFR part 242. Disposal of certain wild animals in national parks, National Park Service: 36 CFR part 10. Exchanges of land for migratory bird or other wildlife refuges, Bureau of Land Manage- ment: 43 CFR part 2200.0–1—2272.1. Fishing, hunting, trapping, and protection of wildlife in national forests and wildlife ref- uges, Forest Service: 36 CFR part 241, §§ 261.8, 261.9. Fishing, hunting, trapping, and protection of wildlife in national parks, memorials, recre- ation areas, etc., National Park Service: 36 CFR parts 2, 7, 20. Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR part 327.8. Free entry of animals, birds and products of American fisheries under specified conditions, Customs Service: 19 CFR part 10.70—10.83. Grazing areas for wildlife maintenance, Bureau of Land Management: 43 CFR part 4110. Making pictures, television production, or sound tracks on areas administered by the United States Fish and Wildlife Service or the National Park Service: 43 CFR part 5.1.
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Part Page 600 Magnuson-Stevens Act provisions ...... 5 622 Fisheries of the Caribbean, Gulf, and South Atlan- tic ...... 107 635 Atlantic highly migratory species ...... 181 640 Spiny lobster fishery of the Gulf of Mexico and South Atlantic ...... 224 644 [Reserved] 648 Fisheries of the Northeastern United States ...... 234 649 American lobster fishery ...... 353 654 Stone crab fishery of the Gulf of Mexico ...... 377 660 Fisheries off West coast states and in the Western Pacific ...... 386 679 Fisheries of the Exclusive Economic Zone off Alas- ka ...... 466 697 Atlantic coastal fisheries cooperative management 668
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600.759 Use of report. Commerce for Oceans and Atmosphere) 600.760 Fishery Negotiation Panel lifetime. or a designee. Advisory group means a Scientific and Subpart J—Essential Fish Habitat (EFH) Statistical Committee (SSC), Fishing 600.805 Purpose and scope. Industry Advisory Committee (FIAC), 600.810 Definitions and word usage. or Advisory Panel (AP) established by 600.815 Contents of Fishery Management a Council under the Magnuson-Stevens Plans. Act. Agent, for the purpose of foreign fish- Subpart K—EFH Coordination, Consultation, ing (subpart F), means a person ap- and Recommendations pointed and maintained within the 600.905 Purpose, scope, and NMFS/Council United States who is authorized to re- cooperation. ceive and respond to any legal process 600.910 Definitions and word usage. issued in the United States to an owner 600.915 Coordination for the conservation and/or operator of a vessel operating and enhancement of EFH. under a permit and of any other vessel 600.920 Federal agency consultation with of that Nation fishing subject to the ju- the Secretary. risdiction of the United States. Any 600.925 NMFS EFH conservation rec- ommendations to Federal and state agen- diplomatic official accepting such an cies. appointment as designated agent 600.930 Council comments and recommenda- waives diplomatic or other immunity tions to Federal and state agencies. in connection with such process.
AUTHORITY: 5 U.S.C. 561 and 16 U.S.C. 1801 Aggregate or summary form means con- et seq. fidential data structured in such a way that the identity of the submitter can- SOURCE: 61 FR 32540, June 24, 1996, unless not be determined either from the otherwise noted. present release of the data or in com- bination with other releases. Subpart A—General Albacore means the species Thunnus alalunga, or a part thereof. § 600.5 Purpose and scope. Allocated species means any species or (a) This part contains general provi- species group allocated to a foreign na- sions governing the operation of the tion under § 600.517 for catching by ves- eight Regional Fishery Management sels of that Nation. Councils established by the Magnuson- Allocation means direct and delib- Stevens Act and describes the Sec- erate distribution of the opportunity to retary’s role and responsibilities under participate in a fishery among identifi- the Act. The Councils are institutions able, discrete user groups or individ- created by Federal law and must con- uals. form to the uniform standards estab- Allowable chemical means a substance, lished by the Secretary in this part. generally used to immobilize marine (b) This part also governs all foreign life so it can be captured alive, that, fishing under the Magnuson-Stevens when introduced into the water, does Act, prescribes procedures for the con- not take Gulf and South Atlantic pro- duct of preemption hearings under sec- hibited coral (as defined at 50 CFR tion 306(b) of the Magnuson-Stevens 622.2) and is allowed by Florida or Ha- Act, and collects the general provisions waii or the U.S. Pacific Insular Area common to all domestic fisheries gov- for the harvest of tropical fish. erned by this chapter. Anadromous species means species of [61 FR 32540, June 24, 1996, as amended at 63 fish that spawn in fresh or estuarine FR 7075, Feb. 12, 1998] waters of the United States and that migrate to ocean waters. § 600.10 Definitions. Angling means fishing for, attempt- Unless defined otherwise in other ing to fish for, catching or attempting parts of Chapter VI, the terms in this to catch fish by any person (angler) chapter have the following meanings: with a hook attached to a line that is Administrator means the Adminis- hand-held or by rod and reel made for trator of NOAA (Under Secretary of this purpose.
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Area of custody means any vessel, trieved periodically to remove catch building, vehicle, live car, pound, pier and rebait hooks. or dock facility where fish might be Carcass means a fish in whole condi- found. tion or that portion of a fish that has Assistant Administrator means the As- been gilled and/or gutted and the head sistant Administrator for Fisheries, and some or all fins have been re- NOAA, or a designee. moved, but that is otherwise in whole Atlantic tunas means bluefin, alba- condition. core, bigeye, skipjack, and yellowfin Cast net means a circular net with tunas found in the Atlantic Ocean. weights attached to the perimeter. Atlantic Tunas Convention Act means Catch limit means the total allowable the Atlantic Tunas Convention Act of harvest or take from a single fishing 1975, 16 U.S.C. 971–971h. trip or day, as defined in this section. Authorized officer means: Catch, take, or harvest includes, but is (1) Any commissioned, warrant, or not limited to, any activity that re- petty officer of the USCG; sults in killing any fish or bringing any (2) Any special agent or fishery en- live fish on board a vessel. forcement officer of NMFS; Center means one of the five NMFS (3) Any officer designated by the head Fisheries Science Centers. of any Federal or state agency that has Charter boat means a vessel less than entered into an agreement with the 100 gross tons (90.8 mt) that meets the Secretary and the Commandant of the requirements of the U.S. Coast Guard USCG to enforce the provisions of the to carry six or fewer passengers for Magnuson-Stevens Act or any other hire. statute administered by NOAA; or Coast Guard Commander means one of (4) Any USCG personnel accom- the commanding officers of the Coast panying and acting under the direction Guard units specified in Table 1 of of any person described in paragraph § 600.502, or a designee. (1) of this definition. Codend means the terminal, closed Authorized species means any species end of a trawl net. or species group that a foreign vessel is Confidential statistics are those sub- authorized to retain in a joint venture mitted as a requirement of an FMP and by a permit issued under Activity Code that reveal the business or identity of 4 as described by § 600.501(c). the submitter. Bandit gear means vertical hook and Continental shelf fishery resources line gear with rods that are attached to means the species listed under section the vessel when in use. Lines are re- 3(7) of the Magnuson-Stevens Act. trieved by manual, electric, or hydrau- Council means one of the eight Re- lic reels. gional Fishery Management Councils Barrier net means a small-mesh net established by the Magnuson-Stevens used to capture coral reef or coastal pe- Act. lagic fishes. Data, statistics, and information are Bigeye tuna means the species used interchangeably. Thunnus obesus, or a part thereof. Dealer means the person who first re- Billfish means blue marlin, longbill ceives fish by way of purchase, barter, spearfish, sailfish, or white marlin. or trade. Bluefin tuna means the species Designated representative means the Thunnus thynnus, or a part thereof. person appointed by a foreign nation Blue marlin means the species and maintained within the United Makaira nigricans, or a part thereof. States who is responsible for transmit- Bully net means a circular frame at- ting information to and submitting re- tached at right angles to a pole and ports from vessels of that Nation and supporting a conical bag of webbing. establishing observer transfer arrange- Buoy gear means fishing gear con- ments for vessels in both directed and sisting of a float and one or more lines joint venture activities. suspended therefrom. A hook or hooks Dip net means a small mesh bag, are on the lines at or near the end. The sometimes attached to a handle, float and line(s) drift freely and are re- shaped and framed in various ways. It
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is operated by hand or partially by me- propriate Director or Regional Admin- chanical power to capture the fish. istrator for educational purposes. Directed fishing, for the purpose of Exempted or experimental fishing foreign fishing (subpart F), means any means fishing from a vessel of the fishing by the vessels of a foreign na- United States that involves activities tion for allocations of fish granted that otherwise prohibited by part 285 or Nation under § 600.517. chapter VI of this title, but that are Director means the Director of the Of- authorized under an exempted fishing fice of Sustainable Fisheries, 1315 East- permit (EFP). These regulations refer West Highway, Silver Spring, MD 20910. exclusively to exempted fishing. Ref- Discard means to release or return erences in part 285 of this title and fish to the sea, whether or not such fish elsewhere in this chapter to experi- are brought fully on board a fishing mental fishing mean exempted fishing vessel. under this part. Dredge means a gear consisting of a Fillet means to remove slices of fish mouth frame attached to a holding bag flesh from the carcass by cuts made constructed of metal rings or mesh. parallel to the backbone. Essential fish habitat (EFH) means Fish means: those waters and substrate necessary (1) When used as a noun, means any to fish for spawning, breeding, feeding, finfish, mollusk, crustacean, or parts or growth to maturity. For the purpose thereof, and all other forms of marine of interpreting the definition of essen- animal and plant life other than ma- tial fish habitat: Waters include aquat- rine mammals and birds. ic areas and their associated physical, (2) When used as a verb, means to en- chemical, and biological properties gage in ‘‘fishing,’’ as defined below. that are used by fish and may include Fishery means: aquatic areas historically used by fish (1) One or more stocks of fish that where appropriate; substrate includes can be treated as a unit for purposes of sediment, hard bottom, structures un- conservation and management and derlying the waters, and associated bi- that are identified on the basis of geo- ological communities; necessary means graphic, scientific, technical, rec- the habitat required to support a sus- reational, or economic characteristics, tainable fishery and the managed spe- or method of catch; or cies’ contribution to a healthy eco- (2) Any fishing for such stocks. system; and ‘‘spawning, breeding, feed- Fishery management unit (FMU) ing, or growth to maturity’’ covers a means a fishery or that portion of a species’ full life cycle. fishery identified in an FMP relevant Exclusive economic zone (EEZ) means to the FMP’s management objectives. the zone established by Presidential The choice of an FMU depends on the Proclamation 5030, 3 CFR part 22, dated focus of the FMP’s objectives, and may March 10, 1983, and is that area adja- be organized around biological, geo- cent to the United States which, except graphic, economic, technical, social, or where modified to accommodate inter- ecological perspectives. national boundaries, encompasses all Fishery resource means any fish, any waters from the seaward boundary of stock of fish, any species of fish, and each of the coastal states to a line on any habitat of fish. which each point is 200 nautical miles Fishing, or to fish means any activity, (370.40 km) from the baseline from other than scientific research con- which the territorial sea of the United ducted by a scientific research vessel, States is measured. that involves: Exempted educational activity means (1) The catching, taking, or har- an activity, conducted by an edu- vesting of fish; cational institution accredited by a (2) The attempted catching, taking, recognized national or international or harvesting of fish; accreditation body, of limited scope (3) Any other activity that can rea- and duration, that is otherwise prohib- sonably be expected to result in the ited by part 285 or chapter VI of this catching, taking, or harvesting of fish; title, but that is authorized by the ap- or
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(4) Any operations at sea in support Hand harvest means harvesting by of, or in preparation for, any activity hand. described in paragraphs (1), (2), or (3) of Handline means fishing gear that is this definition. set and pulled by hand and consists of Fishing vessel means any vessel, boat, one vertical line to which may be at- ship, or other craft that is used for, tached leader lines with hooks. equipped to be used for, or of a type Harass means to unreasonably inter- that is normally used for: fere with an individual’s work perform- (1) Fishing; or ance, or to engage in conduct that cre- (2) Aiding or assisting one or more ates an intimidating, hostile, or offen- vessels at sea in the performance of sive environment. any activity relating to fishing, includ- Harpoon or harpoon gear means fish- ing, but not limited to, preparation, ing gear consisting of a pointed dart or supply, storage, refrigeration, trans- iron attached to the end of a line sev- portation, or processing. eral hundred feet in length, the other Fish weir means a large catching ar- end of which is attached to a floatation rangement with a collecting chamber device. Harpoon gear is attached to a that is made of non-textile material pole or stick that is propelled only by (wood, wicker) instead of netting as in hand, and not by mechanical means. a pound net. Headboat means a vessel that holds a Foreign fishing means fishing by a for- valid Certificate of Inspection issued eign fishing vessel. by the U.S. Coast Guard to carry pas- Foreign fishing vessel (FFV) means any sengers for hire. fishing vessel other than a vessel of the Hook and line means one or more United States, except those foreign hooks attached to one or more lines vessels engaged in recreational fishing, (can include a troll). as defined in this section. Hoop net means a cone-shaped net Gear conflict means any incident at having throats and flues stretched over sea involving one or more fishing ves- a series of rings or hoops for support. sels: Industry means both recreational and (1) In which one fishing vessel or its commercial fishing, and includes the gear comes into contact with another harvesting, processing, and marketing vessel or the gear of another vessel; sectors. and International radio call sign (IRCS) (2) That results in the loss of, or means the unique radio identifier as- damage to, a fishing vessel, fishing signed a vessel by the appropriate au- gear, or catch. thority of the flag state. Gillnet means a panel of netting, sus- Joint venture means any operation by pended vertically in the water by floats a foreign vessel assisting fishing by along the top and weights along the U.S. fishing vessels, including catch- bottom, to entangle fish that attempt ing, scouting, processing and/or sup- to pass through it. port. (A joint venture generally entails Governing International Fishery Agree- a foreign vessel processing fish re- ment (GIFA) means an agreement be- ceived from U.S. fishing vessels and tween the United States and a foreign conducting associated support activi- nation or Nations under section 201(c) ties.) of the Magnuson-Stevens Act. Lampara net means a surround net Grants Officer means the NOAA offi- with the sections of netting made and cial authorized to sign, on behalf of the joined to create bagging. It is hauled Government, the cooperative agree- with purse rings and is generally much ment providing funds to support the smaller in size than a purse seine net. Council’s operations and functions. Land means to begin offloading fish, Greenwich mean time (GMT) means the to offload fish, or to arrive in port or at local mean time at Greenwich, Eng- a dock, berth, beach, seawall, or ramp. land. All times in this part are GMT Longbill spearfish means the species unless otherwise specified. Tetrapturus pfluegeri, or a part thereof. Handgear means handline, harpoon, Longline means a line that is de- or rod and reel. ployed horizontally and to which
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gangions and hooks or pots are at- fisheries, whose primary purpose is to tached. Longlines can be stationary, assist the Council in the preparation anchored, or buoyed lines that may be and/or review of FMPs, amendments, hauled manually, electrically, or hy- and supporting documents for the draulically. Council, and/or SSC and AP. Magnuson-Stevens Act means the Mag- Postmark means independently nuson-Stevens Fishery Conservation verifiable evidence of the date of mail- and Management Act, as amended (16 ing, such as a U.S. Postal Service post- U.S.C. 1801 et seq.), formerly known as mark, or other private carrier post- the Magnuson Act. mark, certified mail receipt, overnight Metric ton (mt) means 1,000 kg (2,204.6 mail receipt, or a receipt issued upon lb). hand delivery to a representative of nm means nautical mile (6,076 ft (1,852 NMFS authorized to collect fishery m)). statistics. Official number means the docu- Pot means trap. mentation number issued by the USCG Powerhead means any device with an or the certificate number issued by a explosive charge, usually attached to a state or by the USCG for an undocu- spear gun, spear, pole, or stick, that mented vessel. may or may not fire a projectile upon with respect to any vessel, Operator, contact. means the master or other individual Predominately means, with respect to aboard and in charge of that vessel. fishing in a fishery, that more fishing Optimum yield (OY) means the amount of fish that: on a stock or stocks of fish covered by (1) Will provide the greatest overall the FMP occurs, or would occur in the benefit to the Nation, particularly with absence of regulations, within or be- respect to food production and rec- yond the EEZ than occurs in the aggre- reational opportunities, and taking gate within the boundaries of all states into account the protection of marine off the coasts of which the fishery is ecosystems; conducted. (2) Is prescribed as such on the basis Processing, for the purpose of foreign of the maximum sustainable yield from fishing (subpart F), means any oper- the fishery, as reduced by any relevant ation by an FFV to receive fish from economic, social, or ecological factor; foreign or U.S. fishing vessels and/or and the preparation of fish, including, but (3) In the case of an overfished fish- not limited to, cleaning, cooking, can- ery, provides for rebuilding to a level ning, smoking, salting, drying, or consistent with producing the max- freezing, either on the FFV’s behalf or imum sustainable yield in such fishery. to assist other foreign or U.S. fishing Owner, with respect to any vessel, vessels. means: Product recovery rate (PRR) means a (1) Any person who owns that vessel ratio expressed as a percentage of the in whole or in part; weight of processed product divided by (2) Any charterer of the vessel, the round weight of fish used to whether bareboat, time, or voyage; produce that amount of product. (3) Any person who acts in the capac- Prohibited species, with respect to a ity of a charterer, including, but not foreign vessel, means any species of limited to, parties to a management fish that that vessel is not specifically agreement, operating agreement, or allocated or authorized to retain, in- any similar agreement that bestows cluding fish caught or received in ex- control over the destination, function, cess of any allocation or authorization. or operation of the vessel; or Purchase means the act or activity of (4) Any agent designated as such by a buying, trading, or bartering, or at- person described in paragraph (1), (2), tempting to buy, trade, or barter. or (3) of this definition. Purse seine means a floated and Plan Team means a Council working weighted encircling net that is closed group selected from agencies, institu- by means of a drawstring threaded tions, and organizations having a role through rings attached to the bottom in the research and/or management of of the net.
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Recreational fishing, with respect to a Scientific research activity is, for the foreign vessel, means any fishing from purposes of this part, an activity in a foreign vessel not operated for profit furtherance of a scientific fishery in- and not operated for the purpose of sci- vestigation or study that would meet entific research. It may not involve the the definition of fishing under the Mag- sale, barter, or trade of part or all of nuson-Stevens Act, but for the exemp- the catch (see § 600.513). tion applicable to scientific research Retain on board means to fail to re- activity conducted from a scientific re- turn fish to the sea after a reasonable search vessel. Scientific research activ- opportunity to sort the catch. ity includes, but is not limited to, sam- Region mean one of five NMFS Re- pling, collecting, observing, or sur- gional Offices responsible for admin- veying the fish or fishery resources istering the management and develop- within the EEZ, at sea, on board sci- ment of marine resources in the United entific research vessels, to increase sci- States in their respective geographical entific knowledge of the fishery re- regions. sources or their environment, or to Regional Administrator means the Ad- test a hypothesis as part of a planned, ministrator of one of the five NMFS directed investigation or study con- Regions described in Table 1 of § 600.502, ducted according to methodologies or a designee. Formerly known as Re- generally accepted as appropriate for gional Director. scientific research. At-sea scientific Regional Program Officer means the fishery investigations address one or NMFS official designated in the terms more issues involving taxonomy, biol- and conditions of the grant award re- ogy, physiology, behavior, disease, sponsible for monitoring, recom- aging, growth, mortality, migration, mending, and reviewing any technical recruitment, distribution, abundance, aspects of the application for Federal ecology, stock structure, bycatch, and assistance and the award. catch estimation of finfish and shell- means a hand-held (in- Rod and reel fish (invertebrate) species considered cluding rod holder) fishing rod with a to be a component of the fishery re- manually or electrically operated reel sources within the EEZ. Scientific re- attached. search activity does not include the Round means a whole fish—one that collection and retention of fish outside has not been gilled, gutted, beheaded, the scope of the applicable research or definned. plan, or the testing of fishing gear. Round weight means the weight of the Data collection designed to capture whole fish before processing or removal and land quantities of fish or inverte- of any part. brates for product development, mar- Sailfish means the species Istiophorus ket research, and/or public display are platypterus, or a part thereof. Sale or sell means the act or activity not scientific research activities and of transferring property for money or must be permitted under exempted credit, trading, or bartering, or at- fishing procedures. For foreign vessels, tempting to so transfer, trade, or bar- such data collection activities are con- ter. sidered scientific research if they are Science and Research Director means carried out in full cooperation with the the Director of one of the five NMFS United States. Fisheries Science Centers described in Scientific research plan means a de- Table 1 of § 600.502 of this part, or a des- tailed, written formulation, prepared ignee, also known as Center Director. in advance of the research, for the ac- Scientific cruise means the period of complishment of a scientific research time during which a scientific research project. At a minimum, a sound sci- vessel is operated in furtherance of a entific research plan should include: scientific research project, beginning (1) A description of the nature and when the vessel leaves port to under- objectives of the project, including the take the project and ending when the hypothesis or hypotheses to be tested. vessel completes the project as pro- (2) The experimental design of the vided for in the applicable scientific re- project, including a description of the search plan. methods to be used, the type and class
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of any vessel(s) to be used, and a de- Seine means a net with long narrow scription of sampling equipment. wings, that is rigged with floats and (3) The geographical area(s) in which weights. the project is to be conducted. Skipjack tuna means the species (4) The expected date of first appear- Katsuwonus pelamis, or a part thereof. ance and final departure of the re- Slurp gun means a tube-shaped suc- search vessel(s) to be employed, and de- tion device that operates somewhat ployment and removal of equipment, as like a syringe by sucking up the fish. appropriate. Snare means a device consisting of a (5) The expected quantity and species pole to which is attached a line form- of fish to be taken and their intended ing at its end a loop with a running disposition, and, if significant amounts knot that tightens around the fish of a managed species or species other- when the line is pulled. wise restricted by size or sex are need- Spear means a sharp, pointed, or ed, an explanation of such need. barbed instrument on a shaft. Spears (6) The name, address, and telephone/ can be operated manually or shot from telex/fax number of the sponsoring or- a gun or sling. ganization and its director. (7) The name, address, and telephone/ State means each of the several telex/fax number, and curriculum vitae states, the District of Columbia, the of the person in charge of the project Commonwealth of Puerto Rico, Amer- and, where different, the person in ican Samoa, the Virgin Islands, Guam, charge of the research project on board the Northern Mariana Islands, and any the vessel. other Commonwealth, territory, or (8) The identity of any vessel(s) to be possession of the United States. used including, but not limited to, the State employee means any employee of vessel’s name, official documentation the state agency responsible for devel- number and IRCS, home port, and oping and monitoring the state’s pro- name, address, and telephone number gram for marine and/or anadromous of the owner and master. fisheries. Scientific research vessel means a ves- Statement of Organization, Practices, sel owned or chartered by, and con- and Procedures (SOPP) means a state- trolled by, a foreign government agen- ment by each Council describing its or- cy, U.S. Government agency (including ganization, practices, and procedures NOAA or institutions designated as as required under section 302(f)(6) of federally funded research and develop- the Magnuson-Stevens Act. ment centers), U.S. state or territorial Stock assessment means the process of agency, university (or other edu- collecting and analyzing biological and cational institution accredited by a statistical information to determine recognized national or international the changes in the abundance of fishery accreditation body), international stocks in response to fishing, and, to treaty organization, or scientific insti- the extent possible, to predict future tution. In order for a vessel that is trends of stock abundance. Stock as- owned or chartered and controlled by a sessments are based on resource sur- foreign government to meet this defini- veys; knowledge of the habitat require- tion, the vessel must have scientific re- ments, life history, and behavior of the search as its exclusive mission during species; the use of environmental indi- the scientific cruise in question and ces to determine impacts on stocks; the vessel operations must be con- and catch statistics. Stock assessments ducted in accordance with a scientific are used as a basis to ‘‘assess and speci- research plan. fy the present and probable future con- Scouting means any operation by a dition of a fishery’’ (as is required by vessel exploring (on the behalf of an the Magnuson-Stevens Act), and are FFV or U.S. fishing vessel) for the summarized in the Stock Assessment presence of fish by visual, acoustic, or and Fishery Evaluation or similar doc- other means that do not involve the ument. catching of fish. Stock Assessment and Fishery Evalua- Secretary means the Secretary of tion (SAFE) means a document or set of Commerce or a designee. documents that provides Councils with
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a summary of the most recent biologi- larger mesh size than the other(s) in cal condition of species in an FMU, and order to entrap fish in a pocket. the social and economic condition of Transship means offloading and the recreational and commercial fish- onloading or otherwise transferring ing industries and the fish processing fish or fish products and/or trans- industries. It summarizes, on a periodic porting fish or products made from basis, the best available scientific in- fish. formation concerning the past, present, Trap means a portable, enclosed de- and possible future condition of the vice with one or more gates or en- stocks and fisheries being managed trances and one or more lines attached under Federal regulation. to surface floats. Also called a pot. Submersible means a manned or un- Trawl means a cone or funnel-shaped manned device that functions or oper- net that is towed through the water, ates primarily underwater and is used and can include a pair trawl that is to harvest fish, i.e., precious corals, towed simultaneously by two boats. with mechanical arms. Trip means the time period that be- Substantially (affects) means, for the gins when a fishing vessel departs from purpose of subpart G, with respect to a dock, berth, beach, seawall, ramp, or whether a state’s action or omission port to carry out fishing operations will substantially affect the carrying and that terminates with a return to a out of an FMP for a fishery, that those dock, berth, beach, seawall, ramp, or effects are important or material, or port. considerable in degree. The effects of a U.S. observer or observer means any state’s action or omission for purposes person serving in the capacity of an ob- of this definition include effects upon: server employed by NMFS, either di- (1) The achievement of the FMP’s rectly or under contract, or certified as goals or objectives for the fishery; a supplementary observer by NMFS. (2) The achievement of OY from the Vessel of the United States or U.S. ves- fishery on a continuing basis; sel means: (3) The attainment of the national (1) Any vessel documented under standards for fishery conservation and chapter 121 of title 46, United States management (as set forth in section Code; 301(a) of the Magnuson-Stevens Act) (2) Any vessel numbered under chap- and compliance with other applicable ter 123 of title 46, United States Code, law; or and measuring less than 5 net tons; (4) The enforcement of regulations (3) Any vessel numbered under chap- implementing the FMP. ter 123 of title 46, United States Code, Support means any operation by a and used exclusively for pleasure; or vessel assisting fishing by foreign or (4) Any vessel not equipped with pro- U.S. vessels, including supplying water, pulsion machinery of any kind and fuel, provisions, fish processing equip- used exclusively for pleasure. ment, or other supplies to a fishing White marlin means the species vessel. Tetrapturus albidus, or a part thereof. Swordfish means the species Xiphias Yellowfin tuna means the species gladius, or a part thereof. Thunnus albacares, or a part thereof. Tangle net dredge means dredge gear [61 FR 32540, June 24, 1996, as amended at 62 consisting of weights and flimsy net- FR 14646, Mar. 27, 1997; 62 FR 66551, Dec. 19, ting that hangs loosely in order to im- 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, mediately entangle fish. Jan. 27, 1999; 64 FR 29133, May 28, 1999] Total length (TL) means the straight- line distance from the tip of the snout § 600.15 Other acronyms. to the tip of the tail (caudal fin) while (a) Fishery management terms. (1) the fish is lying on its side, normally ABC—acceptable biological catch extended. (2) ATCA–Atlantic Tunas Convention Trammel net means a net consisting of Act two or more panels of netting, sus- (3) BFT (Atlantic bluefin tuna) means pended vertically in the water column the subspecies of bluefin tuna, Thunnus by a common float line and a common thynnus thynnus, or a part thereof, that weight line. One panel of netting has a occurs in the Atlantic Ocean.
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(4) BSD means the ICCAT bluefin (13) USCG—United States Coast tuna statistical document. Guard (5) DAH—estimated domestic annual harvest [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 29134, May 28, (6) DAP—estimated domestic annual 1999] processing (7) EIS—environmental impact state- ment Subpart B—Regional Fishery (8) EY—equilibrium yield Management Councils (9) FMP—fishery management plan (10) ICCAT means the International § 600.105 Intercouncil boundaries. Commission for the Conservation of (a) New England and Mid-Atlantic Atlantic Tunas. Councils. The boundary begins at the (11) JVP—joint venture processing intersection point of Connecticut, (12) MSY—maximum sustainable Rhode Island, and New York at yield 41°18′16.249″ N. lat. and 71°54′28.477″ W. (13) PMP—preliminary FMP long. and proceeds south 37°22′32.75″ (14) TAC—total allowable catch East to the point of intersection with (15) TALFF—total allowable level of the outward boundary of the EEZ as foreign fishing specified in the Magnuson-Stevens Act. (b) Legislation. (1) APA—Administra- (b) Mid-Atlantic and South Atlantic tive Procedure Act Councils. The boundary begins at the (2) CZMA—Coastal Zone Management seaward boundary between the States Act of Virginia and North Carolina (3) ESA—Endangered Species Act (36°31′00.8″ N. lat.), and proceeds due (4) FACA—Federal Advisory Com- east to the point of intersection with mittee Act the outward boundary of the EEZ as (5) FOIA—Freedom of Information specified in the Magnuson-Stevens Act. Act (c) South Atlantic and Gulf of Mexico (6) FLSA—Fair Labor Standards Act Councils. The boundary coincides with (7) MMPA—Marine Mammal Protec- the line of demarcation between the tion Act Atlantic Ocean and the Gulf of Mexico, (8) MPRSA—Marine Protection, Re- which begins at the intersection of the search, and Sanctuaries Act outer boundary of the EEZ, as specified (9) NEPA—National Environmental in the Magnuson-Stevens Act, and Policy Act 83°00′ W. long., proceeds northward (10) PA—Privacy Act along that meridian to 24°35′ N. lat., (11) PRA—Paperwork Reduction Act (near the Dry Tortugas Islands), thence (12) RFA—Regulatory Flexibility Act eastward along that parallel, through (c) Federal agencies. (1) CEQ—Council Rebecca Shoal and the Quicksand on Environmental Quality Shoal, to the Marquesas Keys, and then (2) DOC—Department of Commerce through the Florida Keys to the main- (3) DOI—Department of the Interior land at the eastern end of Florida Bay, (4) DOS—Department of State the line so running that the narrow wa- (5) EPA—Environmental Protection ters within the Dry Tortugas Islands, Agency the Marquesas Keys and the Florida (6) FWS—Fish and Wildlife Service Keys, and between the Florida Keys (7) GSA—General Services Adminis- and the mainland, are within the Gulf tration of Mexico. (8) NMFS—National Marine Fisheries Service [61 FR 32540, June 24, 1996, as amended at 63 (9) NOAA—National Oceanic and At- FR 7075, Feb. 12, 1998] mospheric Administration § 600.110 Intercouncil fisheries. (10) OMB—Office of Management and Budget If any fishery extends beyond the (11) OPM—Office of Personnel Man- geographical area of authority of any agement one Council, the Secretary may— (12) SBA—Small Business Adminis- (a) Designate a single Council to pre- tration pare the FMP for such fishery and any
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amendments to such FMP, in consulta- tarial approval of each amendment to a tion with the other Councils concerned; SOPP would constitute approval of any or such deviations for that particular (b) Require that the FMP and any Council. amendments be prepared jointly by all [61 FR 32540, June 24, 1996, as amended at 63 the Councils concerned. FR 7075, Feb. 12, 1998] (1) A jointly prepared FMP or amend- ment must be adopted by a majority of § 600.120 Employment practices. the voting members, present and vot- Council members (except for Federal ing, of each participating Council. Dif- Government officials) and staff are not ferent conservation and management Federal employees subject to OPM reg- measures may be developed for specific ulations. Council staffing practices are geographic areas, but the FMP should set forth in each Council’s SOPP. address the entire geographic range of the stock(s). § 600.125 Budgeting, funding, and ac- (2) In the case of joint FMP or counting. amendment preparation, one Council Each Council’s grant activities are will be designated as the ‘‘administra- governed by OMB Circular A–110 (Uni- tive lead.’’ The ‘‘administrative lead’’ form Administrative Requirements for Council is responsible for the prepara- Grants and Agreements with Institu- tion of the FMP or any amendments tions of Higher Education, Hospitals, and other required documents for sub- and other Non-Profit Organizations), mission to the Secretary. OMB Circular A–122 (Cost Principles (3) None of the Councils involved in for Non-Profit Organizations), 15 CFR joint preparation may withdraw with- Part 29b (Audit Requirements for Insti- out Secretarial approval. If Councils tutions of Higher Education and Other cannot agree on approach or manage- Nonprofit Organizations), and the ment measures within a reasonable pe- terms and conditions of the coopera- riod of time, the Secretary may des- tive agreement. (See 5 CFR 1310.3 for ignate a single Council to prepare the availability of OMB Circulars.) FMP or may issue the FMP under Sec- retarial authority. § 600.130 Protection of confidentiality of statistics. § 600.115 Statement of organization, Each Council must establish appro- practices, and procedures (SOPP). priate procedures for ensuring the con- (a) Councils are required to publish fidentiality of the statistics that may and make available to the public a be submitted to it by Federal or state SOPP in accordance with such uniform authorities and may be voluntarily standards as are prescribed by the Sec- submitted to it by private persons, in- retary (section 302(f)(6)) of the Magnu- cluding, but not limited to (also see son-Stevens Act. The purpose of the § 600.405): SOPP is to inform the public how the (a) Procedures for the restriction of Council operates within the framework Council member, employee, or advisory of the Secretary’s uniform standards. group access and the prevention of con- (b) Amendments to current SOPPs flicts of interest, except that such pro- must be consistent with the guidelines cedures must be consistent with proce- in this section and the terms and con- dures of the Secretary. ditions of the cooperative agreement, (b) In the case of statistics submitted the statutory requirements of the Mag- to the Council by a state, the confiden- nuson-Stevens Act and other applicable tiality laws and regulations of that law. Upon approval of a Council’s state. SOPP amendment by the Secretary, a Notice of Availability will be published Subpart C—Council Membership in the FEDERAL REGISTER, including an address where the public may write to § 600.205 Principal state officials and request copies. their designees. (c) Councils may deviate, where law- (a) Only a full-time state employee of ful, from the guidelines with appro- the state agency responsible for marine priate supporting rationale, and Secre- and/or anadromous fisheries shall be
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designated by a constituent state Gov- year after completion of the third con- ernor as the principal state official for secutive term. purposes of section 302(b) of the Magnu- son-Stevens Act. New or revised des- [61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998] ignations by state Governors of prin- cipal state officials, and new or revised § 600.215 Council nomination and ap- designations by principal state officials pointment procedures. of their designees(s), must be delivered in writing to the appropriate NMFS (a) General. (1) Each year, the 3-year Regional Administrator at least 48 terms for approximately one-third of hours before the individual may vote the appointed members of the Councils on any issue before the Council. Writ- expire. The Secretary of Commerce ten designation(s) must indicate the (Secretary) will appoint or new mem- employment status of each principal bers or will reappoint seated members state official and that of his/her des- to another term to fill the seats being ignee(s), how the official or designee is vacated. employed by the state fisheries agency, (2) There are two categories of seats where each individual is employed to which voting members are ap- (business address and telephone num- pointed: ‘‘Obligatory’’ and ‘‘At-large.’’ ber), and whether the official’s full sal- (i) Obligatory seats are state specific. ary is paid by the state. Each constituent state is entitled to (b) A principal state official may one seat on the Council on which it is name his/her designee(s) to act on his/ a member, except that the State of her behalf at Council meetings. Indi- Alaska is entitled to five seats and the viduals designated to serve as des- State of Washington is entitled to two ignees of a principal state official on a seats on the North Pacific Fishery Council, pursuant to section Management Council. When the term 302(b)(1)(A) of the Magnuson-Stevens of a state’s obligatory member is expir- Act, must be full time state employees ing or when that seat becomes vacant involved in the development of fish- before the expiration of its term, the eries management policies for that governor of that state must submit the state. names of at least three qualified indi- viduals to fill that Council seat. [61 FR 32540, June 24, 1996, as amended at 63 (ii) The Magnuson-Stevens Act also FR 7075, Feb. 12, 1998] provides for appointment, by the Sec- retary, of one treaty Indian tribal rep- § 600.210 Terms of Council members. resentative to the Pacific Fishery Man- (a) Voting members (other than prin- agement Council (Pacific Council). To cipal state officials, the Regional Ad- fill that seat, the Secretary solicits ministrators, or their designees) are written nominations from the heads of appointed for a term of 3 years and, ex- governments of those Indian Tribes cept as discussed in paragraphs (b) and with federally recognized fishing rights (c) of this section, may be reappointed. from the States of California, Oregon, A voting member’s Council service of Washington, or Idaho. The list of nomi- 18 months or more during a term of of- nees must contain a total of at least fice will be counted as service for the three individuals who are knowledge- entire 3-year term. able and experienced regarding the (b) The anniversary date for meas- fishery resources under the authority uring terms of membership is August of the Pacific Council. The Secretary 11. The Secretary may designate a will appoint one tribal Indian rep- term of appointment shorter than 3 resentative from this list to the Pacific years, if necessary, to provide for bal- Council for a term of 3 years and rotate anced expiration of terms of office. the appointment among the tribes. Members may not serve more than (iii) At-large seats are regional. three consecutive terms. When the term of an at-large member (c) A member appointed after Janu- is expiring or when that seat becomes ary 1, 1986, who has completed three vacant before the expiration of a term, consecutive terms will be eligible for the governors of all constituent states appointment to another term one full of that Council must each submit the
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names of at least three qualified indi- (2) To assist in identifying qualifica- viduals to fill the seat. tions, each nominee must furnish to (b) Responsibilities of State Governors. the appropriate governor’s office a cur- (1) Council members are selected by rent resume, or equivalent, describing the Secretary from lists of nominees career history—with particular atten- submitted by Governors of the con- tion to experience related to the cri- stituent states, pursuant to section teria in paragraph (b)(1) of this section. 302(b)(2)(C) of the Magnuson-Stevens Nominees may provide such informa- Act. For each applicable vacancy, a tion in any format they wish. Governor must submit the names of at (3) A constituent State Governor least three nominees who meet the must determine the state of residency qualification requirements of the Mag- of each of his/her nominees. A Gov- nuson-Stevens Act. A Governor must ernor may not nominate a non-resident provide a statement explaining how of that state for appointment to a each of his/her nominees meet the qual- Council seat obligated to that state. A ification requirements, and must also Governor may nominate residents of provide appropriate documentation to another constituent state of a Council the Secretary that each nomination for appointment to an at large seat on was made in consultation with com- that Council. mercial and recreational fishing inter- (4) If, at any time during a term, a ests of that state and that each nomi- member changes residency to another nee is knowledgeable and experienced state that is not a constituent state of by reason of his or her occupational or that Council, or a member appointed to other experience, scientific expertise, an obligatory seat changes residency to or training in one or more of the fol- lowing ways related to the fishery re- any other state, the member may no sources of the geographical area of con- longer vote and must resign from the cern to the Council: Council. For purposes of this para- (i) Commercial fishing or the proc- graph, a state resident is an individual essing or marketing of fish, fish prod- who maintains his/her principal resi- ucts, or fishing equipment; dence within that constituent state (ii) Fishing for pleasure, relaxation, and who, if applicable, pays income or consumption, or experience in any taxes to that state and/or to another business supporting fishing; appropriate jurisdiction within that (iii) Leadership in a state, regional, state. or national organization whose mem- (5) When the terms of both an obliga- bers participate in a fishery in the tory member and an at-large member Council’s area of authority; expire concurrently, the Governor of (iv) The management and conserva- the state holding the expiring obliga- tion of natural resources, including re- tory seat may indicate that the nomi- lated interactions with industry, gov- nees who were not selected for appoint- ernment bodies, academic institutions, ment to the obligatory seat may be and public agencies. This includes ex- considered for appointment to an at- perience serving as a member of a large seat, provided that the resulting Council, Advisory Panel, Scientific and total number of nominees submitted by Statistical Committee, or Fishing In- that governor for the expiring at-large dustry Advisory Committee; seat is no fewer than three different (v) Representing consumers of fish or nominees. When obligatory and at- fish products through participation in large seats do not expire concurrently, local, state, or national organizations, the Secretary may select from any of or performing other activities specifi- the nominees for such obligatory seat cally related to the education or pro- and from the nominees for any at-large tection of consumers of marine re- seat submitted by the Governor of that sources; or state, provided that the resulting total (vi) Teaching, journalism, writing, number of nominees submitted by that consulting, practicing law, or research- Governor for the expiring seats is no ing matters related to fisheries, fishery fewer than six. If a total of fewer than management, and marine resource con- six nominees is submitted by the Gov- servation. ernor, each of the six will be considered
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for the expiring obligatory seat, but by the Assistant Administrator by not for the expiring at-large seat. March 15. (c) Responsibilities of eligible tribal In- (ii) Nomination packages that are in- dian governments. The tribal Indian rep- complete after March 15 will be re- resentative on the Pacific Council will turned to the nominating Governor and be selected by the Secretary from a list will be processed no further. At-large of no fewer than three individuals sub- members will be appointed from among mitted by the tribal Indian govern- the nominations submitted by the gov- ments with federally recognized fishing ernors who complied with the nomina- rights from California, Oregon, Wash- tion requirements and the March 15 ington, and Idaho, pursuant to section deadline. 302(b)(5) of the Magnuson-Stevens Act. (e) Responsibilities of the Secretary. (1) To assist in assessing the qualifica- The Secretary must, to the extent tions of each nominee, each head of an practicable, ensure a fair and balanced appropriate tribal Indian government apportionment, on a rotating or other must furnish to the Assistant Adminis- basis, of the active participants (or trator a current resume, or equivalent, their representatives) in the commer- describing the nominee’s qualifica- cial and recreational fisheries in the tions, with emphasis on knowledge and Council’s area of authority. Further, experience related to the fishery re- the Secretary must take action to en- sources affected by recommendations sure, to the extent practicable, that of the Pacific Council. Prior service on those persons dependent for their live- the Pacific Council in a different ca- lihood upon the fisheries in the Coun- pacity will not disqualify nominees cil’s area of authority are fairly rep- proposed by tribal Indian governments. resented as voting members on the (d) Nomination deadlines. Nomination Councils. letters and completed kits must be for- (2) The Secretary will review each warded by express mail under a single list submitted by a governor or the mailing to the address specified by the tribal Indian governments to ascertain Assistant Administrator by March 15. whether the individuals on the list are For appointments outside the normal qualified for the vacancy. If the Sec- cycle, a different deadline for receipt of retary determines that a nominee is nominations will be announced. not qualified, the Secretary will notify (1) Obligatory seats. (i) The governor the appropriate Governor or tribal In- of the state for which the term of an dian government of that determina- obligatory seat is expiring must submit tion. The Governor or tribal Indian the names of at least three qualified in- government shall then submit a revised dividuals to fill that seat by the March list of nominees or resubmit the origi- 15 deadline. The Secretary will appoint nal list with an additional explanation to the Pacific Council a representative of the qualifications of the nominee in of an Indian tribe from a list of no question. The Secretary reserves the fewer than three individuals submitted right to determine whether nominees by the tribal Indian governments. are qualified. (ii) If the nominator fails to provide (3) The Secretary will select the ap- a nomination letter and at least three pointees from lists of qualified nomi- complete nomination kits by March 15, nees provided by the Governors of the the obligatory seat will remain vacant constituent Council states or of the until all required information has been tribal Indian governments that are eli- received and processed and the Sec- gible to nominate candidates for that retary has made the appointment. vacancy. (2) At-large seats. (i) If a Governor (i) For Governor-nominated seats, chooses to submit nominations for an the Secretary will select an appointee at-large seat, he/she must submit lists for an obligatory seat from the list of that contain at least three different qualified nominees submitted by the qualified nominees for each vacant governor of the state. In filling expir- seat. A nomination letter and at least ing at-large seats, the Secretary will three complete nomination kits must select an appointee(s) for an at-large be forwarded by express mail under a seat(s) from the list of all qualified single mailing to the address specified candidates submitted. The Secretary
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will consider only complete slates of (b) The Councils are responsible for nominees submitted by the governors maintaining high standards of ethical of the Council’s constituent states. conduct among themselves, their When an appointed member vacates staffs, and their advisory groups. In ad- his/her seat prior to the expiration of dition to abiding by the applicable Fed- his/her term, the Secretary will fill the eral conflict of interest statutes, both vacancy for the remainder of the term members and employees of the Coun- by selecting from complete nomination cils must comply with the following letters and kits that are timely and standards of conduct: contain the required number of can- (1) No employee of a Council may use didates. his or her official authority or influ- (ii) For the tribal Indian seat, the ence derived from his or her position Secretary will solicit nominations of with the Council for the purpose of individuals for the list referred to in interfering with or affecting the result paragraph (c) of this section only from of an election to or a nomination for those Indian tribes with federally rec- any national, state, county, or munic- ognized fishing rights from California, ipal elective office. Oregon, Washington, or Idaho. The Sec- (2) No employee of a Council may be retary will consult with the Bureau of deprived of employment, position, Indian Affairs, Department of the Inte- work, compensation, or benefit pro- rior, to determine which Indian tribes vided for or made possible by the Mag- may submit nominations. Any vacancy nuson-Stevens Act on account of any occurring prior to the expiration of any political activity or lack of such activ- term shall be filled in the same manner ity in support of or in opposition to as described in paragraphs (d)(1) and (2) any candidate or any political party in of this section, except that the Sec- any national, state, county, or munic- retary may use the list referred to in ipal election, or on account of his or paragraph (b)(1) of this section from her political affiliation. which the vacating member was cho- (3) No Council member or employee sen. The Secretary shall rotate the ap- may pay, offer, promise, solicit, or re- pointment among the tribes, taking ceive from any person, firm, or cor- into consideration: poration a contribution of money or (A) The qualifications of the individ- anything of value in consideration of uals on the list referred to in para- either support or the use of influence graph (c) of this section. or the promise of support or influence (B) The various rights of the Indian in obtaining for any person any ap- tribes involved, and judicial cases that pointive office, place, or employment set out the manner in which these under the Council. rights are to be exercised. (4) No employee of a Council may (C) The geographic area in which the have a direct or indirect financial in- tribe of the representative is located. terest that conflicts with the fair and (D) The limitation that no tribal In- impartial conduct of his or her Council dian representative shall serve more duties. than three consecutive terms in the In- (5) No Council member, employee of a dian tribal seat. Council, or member of a Council advi- [64 FR 4600, Jan. 29, 1999] sory group may use or allow the use, for other than official purposes, of in- § 600.220 Oath of office. formation obtained through or in con- Each member appointed to a Council nection with his or her Council em- must take an oath of office. ployment that has not been made available to the general public. § 600.225 Rules of conduct. (6) No Council member or employee (a) Council members, as Federal of- of the Council may engage in criminal, fice holders, and Council employees are infamous, dishonest, notoriously im- subject to most Federal criminal stat- moral, or disgraceful conduct. utes covering bribery, conflict-of-inter- (7) No Council member or employee est, disclosure of confidential informa- of the Council may use Council prop- tion, and lobbying with appropriated erty on other than official business. funds. Such property must be protected and
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preserved from improper or deleterious (1) Nominated by the Governor of a operation or use. state or appointed by the Secretary of (8)(i) Except as provided in § 600.235(h) Commerce to serve as a voting member or in 18 U.S.C. 208, no Council member of a Council in accordance with section may participate personally and sub- 302(b)(2) of the Magnuson-Stevens Act; stantially as a member through deci- or sion, approval, disapproval, rec- (2) A representative of an Indian ommendation, the rendering of advice, tribe appointed to the Pacific Council investigation, or otherwise, in a par- by the Secretary of Commerce under ticular matter in which the member, section 302(b)(5) of the Magnuson-Ste- the member’s spouse, minor child, gen- vens Act who is not subject to disclo- eral partner, organization in which the sure and recusal requirements under member is serving as officer, director, the laws of an Indian tribal govern- trustee, general partner, or employee, ment. or any person or organization with Council decision means approval of a whom the member is negotiating or fishery management plan (FMP) or has any arrangement concerning pro- FMP amendment (including any pro- spective employment, has a financial posed regulations); request for amend- interest. (Note that this financial in- ment to regulations implementing an terest is broader than the one defined FMP; finding that an emergency exists in § 600.235(a).) involving any fishery (including rec- (ii) No Council member may partici- ommendations for responding to the pate personally and substantially as a emergency); and comments to the Sec- member through decision, approval, retary on FMPs or amendments devel- disapproval, recommendation, the ren- oped by the Secretary. It does not in- dering of advice, investigation, or oth- clude a vote by a committee of a Coun- erwise, in a particular matter pri- cil. marily of individual concern, such as a Designated official means an attorney contract, in which he or she has a fi- designated by the NOAA General Coun- nancial interest, even if the interest sel. has been disclosed in accordance with § 600.235. Financial interest in harvesting, proc- essing, or marketing (1) includes: [61 FR 32540, June 24, 1996, as amended at 63 (i) Stock, equity, or other ownership FR 7075, Feb. 12, 1998; 63 FR 64185, Nov. 19, interests in, or employment with, any 1998] company, business, fishing vessel, or § 600.230 Removal. other entity engaging in any har- vesting, processing, or marketing ac- The Secretary may remove for cause tivity in any fishery under the jurisdic- any Secretarially appointed member of tion of the Council concerned; a Council in accordance with section (ii) Stock, equity, or other ownership 302(b)(6) of the Magnuson-Stevens Act, interests in, or employment with, any wherein the Council concerned first company or other entity that provides recommends removal of that member equipment or other services essential by not less than two-thirds of the vot- to harvesting, processing, or marketing ing members. A recommendation of a activities in any fishery under the ju- Council to remove a member must be risdiction of the Council concerned, made in writing to the Secretary and such as a chandler or a dock operation. accompanied by a statement of the rea- (iii) Employment with, or service as sons upon which the recommendation an officer, director, or trustee of, an as- is based. sociation whose members include com- [61 FR 32540, June 24, 1996, as amended at 63 panies, vessels, or other entities en- FR 7073, Feb. 12, 1998] gaged in harvesting, processing, or marketing activities, or companies or § 600.235 Financial disclosure. other entities providing services essen- (a) Definitions. For purposes of tial to harvesting, processing, or mar- § 600.235: keting activities in any fishery under Affected individual means an indi- the jurisdiction of the Council con- vidual who is— cerned; and
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(iv) Employment with an entity pro- ganization (other than the Council) in viding consulting, legal, or representa- which that individual is serving as an tional services to any entity engaging officer, director, trustee, partner, or in, or providing equipment or services employee; and must update his or her essential to, harvesting, processing, or form annually and file that update marketing activities in any fishery with the Executive Director of the ap- under the jurisdiction of the Council propriate Council by February 1 of concerned, or to any association whose each year. members include entities engaged in (3) The Executive Director must, in a the activities described in paragraphs timely manner, provide copies of the fi- (1) (i) and (ii) of this definition; nancial disclosure forms and all up- (2) Does not include stock, equity, or dates to the NMFS Regional Adminis- other ownership interests in, or em- trator for the geographic area con- ployment with, an entity engaging in cerned, the Regional Attorney who ad- advocacy on environmental issues or in vises the Council, the Department of scientific fisheries research in any fish- Commerce Assistant General Counsel ery under the jurisdiction of the Coun- for Administration, and the NMFS Of- cil concerned, unless it is covered fice of Sustainable Fisheries. The com- under paragraph (1) of this definition. pleted financial interest forms will be A financial interest in such entities is kept on file in the office of the NMFS covered by 18 U.S.C. 208, the Federal Regional Administrator for the geo- conflict-of-interest statute. graphic area concerned and at the (b) Reporting. (1) The Magnuson-Ste- Council offices, and will be made avail- vens Act requires the disclosure by able for public inspection at such of- each affected individual of any finan- fices during normal office hours. In ad- cial interest in harvesting, processing, dition, the forms will be made avail- or marketing activity, and of any such able at each Council meeting or hear- financial interest of the affected indi- ing. vidual’s spouse, minor child, partner, (4) Councils must retain the disclo- or any organization (other than the sure form for each affected individual Council) in which that individual is for at least 5 years after the expiration serving as an officer, director, trustee, of that individual’s last term. partner, or employee. The information (c) Restrictions on voting. (1) No af- required to be reported must be dis- fected individual may vote on any closed on NOAA Form 88–195, ‘‘State- Council decision that would have a sig- ment of Financial Interests for Use by nificant and predictable effect on a fi- Voting Members and Nominees of Re- nancial interest disclosed in his/her re- gional Fishery Management Councils’’ port filed under paragraph (b) of this (Financial Interest Form), or such section. other form as the Secretary may pre- (2) As used in this section, a Council scribe. decision will be considered to have a (2) The Financial Interest Form must ‘‘significant and predictable effect on a be filed by each nominee for Secre- financial interest’’ if there is a close tarial appointment with the Assistant causal link between the decision and Administrator by April 15 or, if nomi- an expected and substantially dis- nated after March 15, 1 month after proportionate benefit to the financial nomination by the Governor. A seated interest in harvesting, processing, or voting member appointed by the Sec- marketing of any affected individual or retary must file a Financial Interest the affected individual’s spouse, minor Form with the Executive Director of child, partner, or any organization the appropriate Council within 45 days (other than the Council) in which that of taking office; must file an update of individual is serving as an officer, di- his or her statement with the Execu- rector, trustee, partner, or employee, tive Director of the appropriate Coun- relative to the financial interests of cil within 30 days of the time any such other participants in the same gear financial interest is acquired or sub- type or sector of the fishery. The rel- stantially changed by the affected indi- ative financial interests of the affected vidual or the affected individual’s individual and other participants will spouse, minor child, partner, or any or- be determined with reference to the
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most recent fishing year for which in- (i) Within a reasonable time before formation is available. However, for the Council meeting at which the fisheries in which IFQs are assigned, Council decision will be made; or the percentage of IFQs assigned to the (ii) During a Council meeting before affected individual will be dispositive. a Council vote on the decision. (3) ‘‘Expected and substantially dis- (2) The designated official may ini- proportionate benefit’’ means a quan- tiate a determination on the basis of— tifiable positive or negative impact (i) His or her knowledge of the fish- with regard to a matter likely to affect ery and the financial interests dis- a fishery or sector of the fishery in closed by an affected individual; or which the affected individual has a sig- (ii) Written and signed information nificant interest, as indicated by: received within a reasonable time be- (i) A greater than 10-percent interest fore a Council meeting or, if the issue in the total harvest of the fishery or could not have been anticipated before sector of the fishery in question; the meeting, during a Council meeting (ii) A greater than 10-percent interest before a Council vote on the decision. in the marketing or processing of the (3) At the beginning of each Council total harvest of the fishery or sector of meeting, or during a Council meeting the fishery in question; or at any time reliable and probative in- (iii) Full or partial ownership of formation is received, the designated more than 10 percent of the vessels official shall announce the receipt of using the same gear type within the information relevant to a determina- fishery or sector of the fishery in ques- tion concerning recusal, the nature of tion. that information, and the identity of (d) Voluntary recusal. An affected in- the submitter of such information. dividual who believes that a Council (4) If the designated official deter- decision would have a significant and mines that the affected individual may predictable effect on that individual’s not vote, the individual may state for financial interest disclosed under para- the record how he or she would have graph (b) of this section may, at any voted. A Council Chair may not allow time before a vote is taken, announce such an individual to cast a vote. to the Council an intent not to vote on (5) A reversal of a determination the decision. under paragraph (g) of this section may (e) Participation in deliberations. Not- not be treated as cause for invalidation withstanding paragraph (c) of this sec- or reconsideration by the Secretary of tion, an affected individual who is a Council’s decision. recused from voting under this section (g) Review of determinations. (1) Any may participate in Council and com- Council member may file a written re- mittee deliberations relating to the de- quest to the NOAA General Counsel for cision, after notifying the Council of review of the designated official’s de- the voting recusal and identifying the termination. A request for review must financial interest that would be af- be received within 10 days of the deter- fected. mination. (f) Requests for determination. (1) At (2) A request must include a full the request of an affected individual, statement in support of the review, in- the designated official shall determine cluding a concise statement as to why for the record whether a Council deci- the Council’s decision did or did not sion would have a significant and pre- have a significantly disproportionate dictable effect on that individual’s fi- benefit to the financial interest of the nancial interest. The determination affected individual relative to the fi- will be based upon a review of the in- nancial interests of other participants formation contained in the individual’s in the same gear type or sector of the financial disclosure form and any other fishery, and why the designated offi- reliable and probative information pro- cial’s determination should be re- vided in writing. All information con- versed. sidered will be made part of the public (3) If the request for review is from a record for the decision. The affected in- Council member other than the af- dividual may request a determination fected individual whose vote is at issue, by notifying the designated official— the requester must provide a copy of
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the request to the affected individual Agents Registration Act of 1938, wheth- at the same time it is submitted to the er they serve as an agent of a foreign NOAA General Counsel. The affected principal. Each nominee must certify, individual may submit a response to date, sign, and return the form with his the NOAA General Counsel within 10 or her completed nomination kit. days from the date of his/her receipt of Nominees will not be considered for ap- the request for review. pointment to a Council if they have (4) The NOAA General Counsel must not filed this form. Any nominee who complete the review and issue a deci- currently is an agent of a foreign prin- sion within 30 days from the date of re- cipal will not be eligible for appoint- ceipt of the request for review. The ment to a Council, and therefore NOAA General Counsel will limit the should not be nominated by a Governor review to the record before the des- for appointment. ignated official at the time of the de- termination, the request, and any re- § 600.245 Council member compensa- sponse. tion. (h) Exemption from other statutes. The provisions of 18 U.S.C. 208 regarding (a) The obligatory and at-large vot- conflicts of interest do not apply to an ing members of each Council appointed affected individual who is in compli- under section 302(b)(1)(C) of the Magnu- ance with the requirements of this sec- son-Stevens Act who are not employed tion for filing a financial disclosure re- by the Federal Government or any port. state or local government (i.e., any (i) Violations and penalties. It is un- member who does not receive com- lawful for an affected individual to pensation from any such government knowingly and willfully fail to dis- for the period when performing duties close, or to falsely disclose, any finan- as a Council member) shall receive cial interest as required by this sec- compensation at 1.2 times the daily tion, or to knowingly vote on a Council rate for a GS–15 (Step 1) of the General decision in violation of this section. In Schedule (without locality pay) when addition to the penalties applicable engaged in actual performance of du- under § 600.735, a violation of this provi- ties as assigned by the Chair of the sion may result in removal of the af- Council. Actual performance of duties, fected individual from Council mem- for the purposes of compensation, may bership. include travel time. [63 FR 64185, Nov. 19, 1998] (b) All voting Council members whose eligibility for compensation has § 600.240 Security assurances. been established in accordance with (a) DOC/OS will issue security assur- NOAA guidelines will be paid through ances to Council nominees and mem- the cooperative agreement as a direct bers following completion of back- line item on a contractual basis with- ground checks. Security assurances out deductions being made for Social will be valid for 5 years from the date Security or Federal and state income of issuance. A security assurance will taxes. A report of compensation will be not entitle the member to access clas- furnished each year by the member’s sified data. In instances in which Coun- Council to the proper Regional Pro- cil members may need to discuss, at gram Officer, as required by the Inter- closed meetings, materials classified nal Revenue Service. Such compensa- for national security purposes, the tion may be paid on a full day’s basis, agency or individual (e.g., DOS, USCG) whether in excess of 8 hours a day or providing such classified information less than 8 hours a day. The time is will be responsible for ensuring that compensable where the individual Council members and other attendees member is required to expend a signifi- have the appropriate security clear- cant private effort that substantially ances. disrupts the daily routine to the extent (b) Each nominee to a Council is re- that a work day is lost to the member. quired to complete a Certification of ‘‘Homework’’ time in preparation for Status form (‘‘form’’). All nominees formal Council meetings is not com- must certify, pursuant to the Foreign pensable.
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(c) Non-government Council members retary’s interpretation of the national receive compensation for: standards so that they will have an un- (1) Days spent in actual attendance derstanding of the basis on which at a meeting of the Council or jointly FMPs will be reviewed. with another Council. (3) The national standards are statu- (2) Travel on the day preceding or fol- tory principles that must be followed lowing a scheduled meeting that pre- in any FMP. The guidelines summarize cluded the member from conducting Secretarial interpretations that have his normal business on the day in ques- been, and will be, applied under these tion. principles. The guidelines are intended (3) Meetings of standing committees as aids to decisionmaking; FMPs for- of the Council if approved in advance mulated according to the guidelines by the Chair. will have a better chance for expedi- (4) Individual member meeting with tious Secretarial review, approval, and scientific and technical advisors, when implementation. FMPs that are in sub- approved in advance by the Chair and a stantial compliance with the guide- substantial portion of any day is spent lines, the Magnuson-Stevens Act, and at the meeting. other applicable law must be approved. (5) Conducting or attending hearings, (b) Fishery management objectives. (1) when authorized in advance by the Each FMP, whether prepared by a Chair. Council or by the Secretary, should (6) Other meetings involving Council identify what the FMP is designed to business when approved in advance by accomplish (i.e., the management ob- the Chair. jectives to be attained in regulating (d) The Executive Director of each the fishery under consideration). In es- Council must submit to the appro- tablishing objectives, Councils balance priate Regional Office annually a re- biological constraints with human port, approved by the Council Chair, of needs, reconcile present and future Council member compensation author- costs and benefits, and integrate the ized. This report shall identify, for diversity of public and private inter- each member, amount paid, dates, and ests. If objectives are in conflict, prior- location and purpose of meetings at- ities should be established among tended. them. [61 FR 32540, June 24, 1996, as amended at 63 (2) How objectives are defined is im- FR 7075, Feb. 12, 1998] portant to the management process. Objectives should address the problems Subpart D—National Standards of a particular fishery. The objectives should be clearly stated, practicably § 600.305 General. attainable, framed in terms of defin- (a) Purpose. (1) This subpart estab- able events and measurable benefits, lishes guidelines, based on the national and based upon a comprehensive rather standards, to assist in the development than a fragmentary approach to the and review of FMPs, amendments, and problems addressed. An FMP should regulations prepared by the Councils make a clear distinction between ob- and the Secretary. jectives and the management measures (2) In developing FMPs, the Councils chosen to achieve them. The objectives have the initial authority to ascertain of each FMP provide the context with- factual circumstances, to establish in which the Secretary will judge the management objectives, and to propose consistency of an FMP’s conservation management measures that will and management measures with the achieve the objectives. The Secretary national standards. will determine whether the proposed (c) Word usage. The word usage refers management objectives and measures to all regulations in this subpart. are consistent with the national stand- (1) Must is used, instead of ‘‘shall’’, to ards, other provisions of the Magnuson- denote an obligation to act; it is used Stevens Act, and other applicable law. primarily when referring to require- The Secretary has an obligation under ments of the Magnuson-Stevens Act, section 301(b) of the Magnuson-Stevens the logical extension thereof, or of Act to inform the Councils of the Sec- other applicable law.
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(2) Shall is used only when quoting (b) General. The determination of OY statutory language directly, to avoid is a decisional mechanism for resolving confusion with the future tense. the Magnuson-Stevens Act’s multiple (3) Should is used to indicate that an purposes and policies, implementing an action or consideration is strongly rec- FMP’s objectives, and balancing the ommended to fulfill the Secretary’s in- various interests that comprise the na- terpretation of the Magnuson-Stevens tional welfare. OY is based on MSY, or Act, and is a factor reviewers will look on MSY as it may be reduced under for in evaluating a SOPP or FMP. paragraph (f)(3) of this section. The (4) May is used in a permissive sense. most important limitation on the spec- (5) May not is proscriptive; it has the ification of OY is that the choice of OY same force as ‘‘must not.’’ and the conservation and management (6) Will is used descriptively, as dis- measures proposed to achieve it must tinguished from denoting an obligation prevent overfishing. to act or the future tense. (c) MSY. Each FMP should include an (7) Could is used when giving exam- estimate of MSY as explained in this ples, in a hypothetical, permissive section. sense. (1) Definitions. (i) ‘‘MSY’’ is the larg- (8) Can is used to mean ‘‘is able to,’’ est long-term average catch or yield as distinguished from ‘‘may.’’ that can be taken from a stock or stock complex under prevailing eco- (9) Examples are given by way of illus- logical and environmental conditions. tration and further explanation. They (ii) ‘‘MSY control rule’’ means a har- are not inclusive lists; they do not vest strategy which, if implemented, limit options. would be expected to result in a long- (10) Analysis, as a paragraph heading, term average catch approximating signals more detailed guidance as to MSY. the type of discussion and examination (iii) ‘‘MSY stock size’’ means the an FMP should contain to demonstrate long-term average size of the stock or compliance with the standard in ques- stock complex, measured in terms of tion. spawning biomass or other appropriate (11) Council includes the Secretary, as units, that would be achieved under an applicable, when preparing FMPs or MSY control rule in which the fishing amendments under section 304(c) and mortality rate is constant. (g) of the Magnuson-Stevens Act. (2) Options in specifying MSY. (i) Be- (12) Stock or stock complex is used as a cause MSY is a theoretical concept, its synonym for ‘‘fishery’’ in the sense of estimation in practice is conditional the Magnuson-Stevens Act’s first defi- on the choice of an MSY control rule. nition of the term; that is, as ‘‘one or In choosing an MSY control rule, Coun- more stocks of fish that can be treated cils should be guided by the character- as a unit for purposes of conservation istics of the fishery, the FMP’s objec- and management and that are identi- tives, and the best scientific informa- fied on the basis of geographic, sci- tion available. The simplest MSY con- entific, technical, recreational, or eco- trol rule is to remove a constant catch nomic characteristics,’’ as distin- in each year that the estimated stock guished from the Magnuson-Stevens size exceeds an appropriate lower Act’s second definition of fishery as bound, where this catch is chosen so as ‘‘any fishing for such stocks.’’ to maximize the resulting long-term [61 FR 32540, June 24, 1996, as amended at 63 average yield. Other examples include FR 7075, Feb. 12, 1998; 63 FR 24229, May 1, the following: Remove a constant frac- 1998] tion of the biomass in each year, where this fraction is chosen so as to maxi- § 600.310 National Standard 1—Opti- mize the resulting long-term average mum Yield. yield; allow a constant level of (a) Standard 1. Conservation and escapement in each year, where this management measures shall prevent level is chosen so as to maximize the overfishing while achieving, on a con- resulting long-term average yield; vary tinuing basis, the OY from each fishery the fishing mortality rate as a contin- for the U.S. fishing industry. uous function of stock size, where the
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parameters of this function are con- this rate under average recruitment stant and chosen so as to maximize the may be a reasonable proxy for the MSY resulting long-term average yield. In stock size, and the long-term average any MSY control rule, a given stock catch so obtained may be a reasonable size is associated with a given level of proxy for MSY. The natural mortality fishing mortality and a given level of rate may also be a reasonable proxy for potential harvest, where the long-term the MSY fishing mortality rate. If a re- average of these potential harvests pro- liable estimate of pristine stock size vides an estimate of MSY. (i.e., the long-term average stock size (ii) Any MSY values used in deter- that would be expected in the absence mining OY will necessarily be esti- of fishing) is available, a stock size ap- mates, and these will typically be asso- proximately 40 percent of this value ciated with some level of uncertainty. may be a reasonable proxy for the MSY Such estimates must be based on the stock size, and the product of this best scientific information available stock size and the natural mortality (see § 600.315) and must incorporate ap- rate may be a reasonable proxy for propriate consideration of risk (see MSY. § 600.335). Beyond these requirements, however, Councils have a reasonable (d) Overfishing—(1) Definitions. (i) ‘‘To degree of latitude in determining overfish’’ means to fish at a rate or which estimates to use and how these level that jeopardizes the capacity of a estimates are to be expressed. For ex- stock or stock complex to produce ample, a point estimate of MSY may be MSY on a continuing basis. expressed by itself or together with a (ii) ‘‘Overfishing’’ occurs whenever a confidence interval around that esti- stock or stock complex is subjected to mate. a rate or level of fishing mortality that (iii) In the case of a mixed-stock fish- jeopardizes the capacity of a stock or ery, MSY should be specified on a stock complex to produce MSY on a stock-by-stock basis. However, where continuing basis. MSY cannot be specified for each (iii) In the Magnuson-Stevens Act, stock, then MSY may be specified on the term ‘‘overfished’’ is used in two the basis of one or more species as an senses: First, to describe any stock or indicator for the mixed stock as a stock complex that is subjected to a whole or for the fishery as a whole. rate or level of fishing mortality meet- (iv) Because MSY is a long-term av- ing the criterion in paragraph (d)(1)(i) erage, it need not be estimated annu- of this section, and second, to describe ally, but it must be based on the best any stock or stock complex whose size scientific information available, and is sufficiently small that a change in should be re-estimated as required by management practices is required in changes in environmental or ecological order to achieve an appropriate level conditions or new scientific informa- and rate of rebuilding. To avoid confu- tion. sion, this section uses ‘‘overfished’’ in (3) Alternatives to specifying MSY. the second sense only. When data are insufficient to estimate MSY directly, Councils should adopt (2) Specification of status determination other measures of productive capacity criteria. Each FMP must specify, to the that can serve as reasonable proxies for extent possible, objective and measur- MSY, to the extent possible. Examples able status determination criteria for include various reference points de- each stock or stock complex covered by fined in terms of relative spawning per that FMP and provide an analysis of recruit. For instance, the fishing mor- how the status determination criteria tality rate that reduces the long-term were chosen and how they relate to re- average level of spawning per recruit to productive potential. Status deter- 30–40 percent of the long-term average mination criteria must be expressed in that would be expected in the absence a way that enables the Council and the of fishing may be a reasonable proxy Secretary to monitor the stock or for the MSY fishing mortality rate. stock complex and determine annually The long-term average stock size ob- whether overfishing is occurring and tained by fishing year after year at whether the stock or stock complex is
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overfished. In all cases, status deter- tion criteria appropriate consideration mination criteria must specify both of of risk, taking into account uncertain- the following: ties in estimating harvest, stock condi- (i) A maximum fishing mortality thresh- tions, life history parameters, or the old or reasonable proxy thereof. The fish- effects of environmental factors (see ing mortality threshold may be ex- § 600.335). pressed either as a single number or as (4) Relationship of status determination a function of spawning biomass or criteria to environmental change. Some other measure of productive capacity. short-term environmental changes can The fishing mortality threshold must alter the current size of a stock or not exceed the fishing mortality rate stock complex without affecting the or level associated with the relevant long-term productive capacity of the MSY control rule. Exceeding the fish- stock or stock complex. Other environ- ing mortality threshold for a period of mental changes affect both the current 1 year or more constitutes overfishing. size of the stock or stock complex and (ii) A minimum stock size threshold or the long-term productive capacity of reasonable proxy thereof. The stock size the stock or stock complex. threshold should be expressed in terms (i) If environmental changes cause a of spawning biomass or other measure stock or stock complex to fall below of productive capacity. To the extent the minimum stock size threshold possible, the stock size threshold without affecting the long-term pro- should equal whichever of the following ductive capacity of the stock or stock is greater: One-half the MSY stock complex, fishing mortality must be size, or the minimum stock size at constrained sufficiently to allow re- which rebuilding to the MSY level building within an acceptable time would be expected to occur within 10 frame (also see paragraph (e)(4)(ii) of years if the stock or stock complex this section). Status determination cri- were exploited at the maximum fishing teria need not be respecified. mortality threshold specified under (ii) If environmental changes affect paragraph (d)(2)(i) of this section. the long-term productive capacity of Should the actual size of the stock or the stock or stock complex, one or stock complex in a given year fall more components of the status deter- below this threshold, the stock or mination criteria must be respecified. stock complex is considered overfished. Once status determination criteria (3) Relationship of status determination have been respecified, fishing mor- criteria to other national standards—(i) tality may or may not have to be re- National standard 2. Status determina- duced, depending on the status of the tion criteria must be based on the best stock or stock complex with respect to scientific information available (see the new criteria. § 600.315). When data are insufficient to (iii) If manmade environmental estimate MSY, Councils should base changes are partially responsible for a status determination criteria on rea- stock or stock complex being in an sonable proxies thereof to the extent overfished condition, in addition to possible (also see paragraph (c)(3) of controlling effort, Councils should rec- this section). In cases where scientific ommend restoration of habitat and data are severely limited, effort should other ameliorative programs, to the ex- also be directed to identifying and tent possible (see also the guidelines gathering the needed data. issued pursuant to section 305(b) of the (ii) National standard 3. The require- Magnuson-Stevens Act for Council ac- ment to manage interrelated stocks of tions concerning essential fish habi- fish as a unit or in close coordination tat). notwithstanding (see § 600.320), status (5) Secretarial approval of status deter- determination criteria should gen- mination criteria. Secretarial approval erally be specified in terms of the level or disapproval of proposed status deter- of stock aggregation for which the best mination criteria will be based on con- scientific information is available (also sideration of whether the proposal: see paragraph (c)(2)(iii) of this section). (i) Has sufficient scientific merit. (iii) National standard 6. Councils (ii) Contains the elements described must build into the status determina- in paragraph (d)(2) of this section.
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(iii) Provides a basis for objective previously identified overfished stock measurement of the status of the stock or stock complex has not resulted in or stock complex against the criteria. adequate progress. (iv) Is operationally feasible. (3) Council action. Within 1 year of (6) Exceptions. There are certain lim- such time as the Secretary may iden- ited exceptions to the requirement to tify that overfishing is occurring, that prevent overfishing. Harvesting one a stock or stock complex is overfished, species of a mixed-stock complex at its or that a threshold is being ap- optimum level may result in the over- proached, or such time as a Council fishing of another stock component in may be notified of the same under the complex. A Council may decide to paragraph (e)(2) of this section, the permit this type of overfishing only if Council must take remedial action by all of the following conditions are sat- preparing an FMP, FMP amendment, isfied: or proposed regulations. This remedial (i) It is demonstrated by analysis action must be designed to accomplish (paragraph (f)(6) of this section) that all of the following purposes that such action will result in long-term net apply: benefits to the Nation. (i) If overfishing is occurring, the (ii) It is demonstrated by analysis purpose of the action is to end over- that mitigating measures have been considered and that a similar level of fishing. long-term net benefits cannot be (ii) If the stock or stock complex is achieved by modifying fleet behavior, overfished, the purpose of the action is gear selection/configuration, or other to rebuild the stock or stock complex technical characteristic in a manner to the MSY level within an appropriate such that no overfishing would occur. time frame. (iii) The resulting rate or level of (iii) If the rate or level of fishing fishing mortality will not cause any mortality is approaching the maximum species or evolutionarily significant fishing mortality threshold (from unit thereof to require protection below), the purpose of the action is to under the ESA. prevent this threshold from being (e) Ending overfishing and rebuilding reached. overfished stocks— (1) Definition. A (iv) If the stock or stock complex is threshold, either maximum fishing approaching the minimum stock size mortality or minimum stock size, is threshold (from above), the purpose of being ‘‘approached’’ whenever it is pro- the action is to prevent this threshold jected that the threshold will be from being reached. breached within 2 years, based on (4) Constraints on Council action. (i) In trends in fishing effort, fishery re- cases where overfishing is occurring, source size, and other appropriate fac- Council action must be sufficient to tors. end overfishing. (2) Notification. The Secretary will (ii) In cases where a stock or stock immediately notify a Council and re- complex is overfished, Council action quest that remedial action be taken must specify a time period for rebuild- whenever the Secretary determines ing the stock or stock complex that that: satisfies the requirements of section (i) Overfishing is occurring; 304(e)(4)(A) of the Magnuson-Stevens (ii) A stock or stock complex is over- Act. fished; (iii) The rate or level of fishing mor- (A) A number of factors enter into tality for a stock or stock complex is the specification of the time period for approaching the maximum fishing rebuilding: mortality threshold; (1) The status and biology of the (iv) A stock or stock complex is ap- stock or stock complex; proaching its minimum stock size (2) Interactions between the stock or threshold; or stock complex and other components of (v) Existing remedial action taken the marine ecosystem (also referred to for the purpose of ending previously as ‘‘other environmental conditions’’); identified overfishing or rebuilding a (3) The needs of fishing communities;
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(4) Recommendations by inter- the Magnuson-Stevens Act, as amended national organizations in which the by the Sustainable Fisheries Act. United States participates; and (iii) For fisheries managed under an (5) Management measures under an international agreement, Council ac- international agreement in which the tion must reflect traditional participa- United States participates. tion in the fishery, relative to other (B) These factors enter into the spec- nations, by fishermen of the United ification of the time period for rebuild- States. ing as follows: (5) Interim measures. The Secretary, (1) The lower limit of the specified on his/her own initiative or in response time period for rebuilding is deter- to a Council request, may implement mined by the status and biology of the interim measures to reduce overfishing stock or stock complex and its inter- under section 305(c) of the Magnuson- actions with other components of the Stevens Act, until such measures can marine ecosystem, and is defined as the be replaced by an FMP, FMP amend- amount of time that would be required ment, or regulations taking remedial for rebuilding if fishing mortality were action. eliminated entirely. (i) These measures may remain in ef- (2) If the lower limit is less than 10 fect for no more than 180 days, but may years, then the specified time period be extended for an additional 180 days for rebuilding may be adjusted upward if the public has had an opportunity to to the extent warranted by the needs of comment on the measures and, in the fishing communities and recommenda- case of Council-recommended meas- tions by international organizations in ures, the Council is actively preparing which the United States participates, an FMP, FMP amendment, or proposed except that no such upward adjustment regulations to address overfishing on a can result in the specified time period permanent basis. Such measures, if exceeding 10 years, unless management otherwise in compliance with the pro- measures under an international agree- visions of the Magnuson-Stevens Act, ment in which the United States par- may be implemented even though they ticipates dictate otherwise. are not sufficient by themselves to stop (3) If the lower limit is 10 years or overfishing of a fishery. greater, then the specified time period (ii) If interim measures are made ef- for rebuilding may be adjusted upward fective without prior notice and oppor- to the extent warranted by the needs of tunity for comment, they should be re- fishing communities and recommenda- served for exceptional situations, be- tions by international organizations in cause they affect fishermen without which the United States participates, providing the usual procedural safe- except that no such upward adjustment guards. A Council recommendation for can exceed the rebuilding period cal- interim measures without notice-and- culated in the absence of fishing mor- comment rulemaking will be consid- tality, plus one mean generation time ered favorably if the short-term bene- or equivalent period based on the spe- fits of the measures in reducing over- cies’ life-history characteristics. For fishing outweigh the value of advance example, suppose a stock could be re- notice, public comment, and delibera- built within 12 years in the absence of tive consideration of the impacts on any fishing mortality, and has a mean participants in the fishery. generation time of 8 years. The rebuild- (f) OY—(1) Definitions. (i) The term ing period, in this case, could be as ‘‘optimum,’’ with respect to the yield long as 20 years. from a fishery, means the amount of (C) A rebuilding program undertaken fish that will provide the greatest over- after May 1, 1998 commences as soon as all benefit to the Nation, particularly the first measures to rebuild the stock with respect to food production and or stock complex are implemented. recreational opportunities and taking (D) In the case of rebuilding plans into account the protection of marine that were already in place as of May 1, ecosystems; that is prescribed on the 1998, such rebuilding plans must be re- basis of the MSY from the fishery, as viewed to determine whether they are reduced by any relevant economic, so- in compliance with all requirements of cial, or ecological factor; and, in the
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case of an overfished fishery, that pro- to a value less than MSY. The Magnu- vides for rebuilding to a level con- son-Stevens Act’s definition of OY sistent with producing the MSY in identifies three categories of such fac- such fishery. tors: Social, economic, and ecological. (ii) In national standard 1, use of the Not every factor will be relevant in phrase ‘‘achieving, on a continuing every fishery. For some fisheries, insuf- basis, the OY from each fishery’’ means ficient information may be available producing, from each fishery, a long- with respect to some factors to provide term series of catches such that the av- a basis for corresponding reductions in erage catch is equal to the average OY MSY. and such that status determination cri- (i) Social factors. Examples are enjoy- teria are met. ment gained from recreational fishing, (2) Values in determination. In deter- avoidance of gear conflicts and result- mining the greatest benefit to the Na- ing disputes, preservation of a way of tion, these values that should be life for fishermen and their families, weighed are food production, rec- and dependence of local communities reational opportunities, and protection on a fishery. Other factors that may be afforded to marine ecosystems. They considered include the cultural place of should receive serious attention when subsistence fishing, obligations under considering the economic, social, or ec- Indian treaties, and worldwide nutri- ological factors used in reducing MSY tional needs. to obtain OY. (ii) Economic factors. Examples are (i) The benefits of food production prudent consideration of the risk of are derived from providing seafood to overharvesting when a stock’s size or consumers, maintaining an economi- productive capacity is uncertain, satis- cally viable fishery together with its faction of consumer and recreational attendant contributions to the na- needs, and encouragement of domestic tional, regional, and local economies, and export markets for U.S.-harvested and utilizing the capacity of the Na- fish. Other factors that may be consid- tion’s fishery resources to meet nutri- ered include the value of fisheries, the tional needs. level of capitalization, the decrease in (ii) The benefits of recreational op- cost per unit of catch afforded by an in- portunities reflect the quality of both crease in stock size, and the attendant the recreational fishing experience and increase in catch per unit of effort, al- non-consumptive fishery uses such as ternate employment opportunities, and ecotourism, fish watching, and rec- economies of coastal areas. reational diving, and the contribution (iii) Ecological factors. Examples are of recreational fishing to the national, stock size and age composition, the regional, and local economies and food vulnerability of incidental or unregu- supplies. lated stocks in a mixed-stock fishery, (iii) The benefits of protection af- predator-prey or competitive inter- forded to marine ecosystems are those actions, and dependence of marine resulting from maintaining viable pop- mammals and birds or endangered spe- ulations (including those of cies on a stock of fish. Also important unexploited species), maintaining evo- are ecological or environmental condi- lutionary and ecological processes tions that stress marine organisms, (e.g., disturbance regimes, hydrological such as natural and manmade changes processes, nutrient cycles), maintain- in wetlands or nursery grounds, and ef- ing the evolutionary potential of spe- fects of pollutants on habitat and cies and ecosystems, and accommo- stocks. dating human use. (4) Specification. (i) The amount of (3) Factors relevant to OY. Because fish that constitutes the OY should be fisheries have finite capacities, any at- expressed in terms of numbers or tempt to maximize the measures of weight of fish. However, OY may be ex- benefit described in paragraph (f)(2) of pressed as a formula that converts this section will inevitably encounter periodic stock assessments into target practical constraints. One of these is harvest levels; in terms of an annual MSY. Moreover, various factors can harvest of fish or shellfish having a constrain the optimum level of catch minimum weight, length, or other
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measurement; or as an amount of fish In such cases, the sum of the individual taken only in certain areas, in certain target levels should not exceed OY. seasons, with particular gear, or by a (5) OY and the precautionary approach. specified amount of fishing effort. In general, Councils should adopt a pre- (ii) Either a range or a single value cautionary approach to specification of may be specified for OY. Specification OY. A precautionary approach is char- of a numerical, fixed-value OY does not acterized by three features: preclude use of annual target harvest (i) Target reference points, such as levels that vary with stock size. Such OY, should be set safely below limit target harvest levels may be prescribed reference points, such as the catch on the basis of an OY control rule simi- level associated with the fishing mor- lar to the MSY control rule described tality rate or level defined by the sta- in paragraph (c)(1)(ii) of this section, tus determination criteria. Because it but designed to achieve OY on average, is a target reference point, OY does not rather than MSY. The annual harvest constitute an absolute ceiling, but level obtained under an OY control rule rather a desired result. An FMP must must always be less than or equal to contain conservation and management the harvest level that would be ob- measures to achieve OY, and provisions tained under the MSY control rule. for information collection that are de- (iii) All fishing mortality must be signed to determine the degree to counted against OY, including that re- which OY is achieved on a continuing sulting from bycatch, scientific re- basis—that is, to result in a long-term search, and any other fishing activi- average catch equal to the long-term ties. average OY, while meeting the status (iv) The OY specification should be determination criteria. These measures translatable into an annual numerical should allow for practical and effective estimate for the purposes of estab- implementation and enforcement of lishing any TALFF and analyzing im- the management regime, so that the pacts of the management regime. harvest is allowed to reach OY, but not There should be a mechanism in the to exceed OY by a substantial amount. FMP for periodic reassessment of the The Secretary has an obligation to im- OY specification, so that it is respon- sive to changing circumstances in the plement and enforce the FMP so that fishery. OY is achieved. If management meas- (v) The determination of OY requires ures prove unenforceable—or too re- a specification of MSY, which may not strictive, or not rigorous enough to re- always be possible or meaningful. How- alize OY—they should be modified; an ever, even where sufficient scientific alternative is to reexamine the ade- data as to the biological characteris- quacy of the OY specification. Exceed- tics of the stock do not exist, or where ing OY does not necessarily constitute the period of exploitation or investiga- overfishing. However, even if no over- tion has not been long enough for ade- fishing resulted from exceeding OY, quate understanding of stock dynam- continual harvest at a level above OY ics, or where frequent large-scale fluc- would violate national standard 1, be- tuations in stock size diminish the cause OY was not achieved on a con- meaningfulness of the MSY concept, tinuing basis. the OY must still be based on the best (ii) A stock or stock complex that is scientific information available. When below the size that would produce MSY data are insufficient to estimate MSY should be harvested at a lower rate or directly, Councils should adopt other level of fishing mortality than if the measures of productive capacity that stock or stock complex were above the can serve as reasonable proxies for size that would produce MSY. MSY to the extent possible (also see (iii) Criteria used to set target catch paragraph (c)(3) of this section). levels should be explicitly risk averse, (vi) In a mixed-stock fishery, speci- so that greater uncertainty regarding fication of a fishery-wide OY may be the status or productive capacity of a accompanied by management measures stock or stock complex corresponds to establishing separate annual target greater caution in setting target catch harvest levels for the individual stocks. levels. Part of the OY may be held as a
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reserve to allow for factors such as un- ance or on surveys of the expressed in- certainties in estimates of stock size tention of manufacturers to process, and DAH. If an OY reserve is estab- supported by evidence of contracts, lished, an adequate mechanism should plant expansion, or other relevant in- be included in the FMP to permit time- formation; and the estimated amount ly release of the reserve to domestic or of fish that will be harvested by domes- foreign fishermen, if necessary. tic vessels, but not processed (e.g., (6) Analysis. An FMP must contain an marketed as fresh whole fish, used for assessment of how its OY specification private consumption, or used for bait). was determined (section 303(a)(3) of the (iii) JVP. When DAH exceeds DAP, Magnuson-Stevens Act). It should re- the surplus is available for JVP. JVP is late the explanation of overfishing in derived from DAH. paragraph (d) of this section to condi- [63 FR 24229, May 1, 1998] tions in the particular fishery and ex- plain how its choice of OY and con- § 600.315 National Standard 2—Sci- servation and management measures entific Information. will prevent overfishing in that fishery. (a) Standard 2. Conservation and A Council must identify those eco- management measures shall be based nomic, social, and ecological factors upon the best scientific information relevant to management of a particular available. fishery, then evaluate them to deter- (b) FMP development. The fact that mine the amount, if any, by which scientific information concerning a MSY exceeds OY. The choice of a par- fishery is incomplete does not prevent ticular OY must be carefully defined the preparation and implementation of and documented to show that the OY an FMP (see related §§ 600.320(d)(2) and selected will produce the greatest ben- 600.340(b). efit to the Nation. If overfishing is per- (1) Scientific information includes, mitted under paragraph (d)(6) of this but is not limited to, information of a section, the assessment must contain a biological, ecological, economic, or so- justification in terms of overall bene- cial nature. Successful fishery manage- fits, including a comparison of benefits ment depends, in part, on the timely under alternative management meas- availability, quality, and quantity of ures, and an analysis of the risk of any scientific information, as well as on species or ecologically significant unit the thorough analysis of this informa- thereof reaching a threatened or en- tion, and the extent to which the infor- dangered status, as well as the risk of mation is applied. If there are con- any stock or stock complex falling flicting facts or opinions relevant to a below its minimum stock size thresh- particular point, a Council may choose old. among them, but should justify the (7) OY and foreign fishing. Section choice. 201(d) of the Magnuson-Stevens Act (2) FMPs must take into account the provides that fishing by foreign nations best scientific information available at is limited to that portion of the OY the time of preparation. Between the that will not be harvested by vessels of initial drafting of an FMP and its sub- the United States. mission for final review, new informa- (i) DAH. Councils must consider the tion often becomes available. This new capacity of, and the extent to which, information should be incorporated U.S. vessels will harvest the OY on an into the final FMP where practicable; annual basis. Estimating the amount but it is unnecessary to start the FMP that U.S. fishing vessels will actually process over again, unless the informa- harvest is required to determine the tion indicates that drastic changes surplus. have occurred in the fishery that might (ii) DAP. Each FMP must assess the require revision of the management ob- capacity of U.S. processors. It must jectives or measures. also assess the amount of DAP, which (c) FMP implementation. (1) An FMP is the sum of two estimates: The esti- must specify whatever information mated amount of U.S. harvest that do- fishermen and processors will be re- mestic processors will process, which quired or requested to submit to the may be based on historical perform- Secretary. Information about harvest
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within state boundaries, as well as in sessing the relative success of existing the EEZ, may be collected if it is need- state and Federal fishery management ed for proper implementation of the programs. Information on bycatch and FMP and cannot be obtained otherwise. safety for each fishery should also be The FMP should explain the practical summarized. In addition, the SAFE re- utility of the information specified in port may be used to update or expand monitoring the fishery, in facilitating previous environmental and regulatory inseason management decisions, and in impact documents, and ecosystem and judging the performance of the man- habitat descriptions. agement regime; it should also con- (iii) Each SAFE report must be sci- sider the effort, cost, or social impact entifically based, and cite data sources of obtaining it. and interpretations. (2) An FMP should identify scientific (2) Each SAFE report should contain information needed from other sources information on which to base harvest to improve understanding and manage- specifications. ment of the resource, marine eco- (3) Each SAFE report should contain system, and the fishery (including fish- a description of the maximum fishing ing communities). mortality threshold and the minimum (3) The information submitted by stock size threshold for each stock or various data suppliers should be com- stock complex, along with information parable and compatible, to the max- by which the Council may determine: imum extent possible. (i) Whether overfishing is occurring (d) FMP amendment. FMPs should be with respect to any stock or stock amended on a timely basis, as new in- complex, whether any stock or stock formation indicates the necessity for complex is overfished, whether the rate change in objectives or management or level of fishing mortality applied to measures. any stock or stock complex is ap- (e) SAFE Report. (1) The SAFE report proaching the maximum fishing mor- is a document or set of documents that tality threshold, and whether the size provides Councils with a summary of of any stock or stock complex is ap- information concerning the most re- proaching the minimum stock size cent biological condition of stocks and threshold. the marine ecosystems in the FMU and (ii) Any management measures nec- the social and economic condition of essary to provide for rebuilding an the recreational and commercial fish- overfished stock or stock complex (if ing interests, fishing communities, and any) to a level consistent with pro- the fish processing industries. It sum- ducing the MSY in such fishery. marizes, on a periodic basis, the best (4) Each SAFE report may contain available scientific information con- additional economic, social, commu- cerning the past, present, and possible nity, essential fish habitat, and eco- future condition of the stocks, marine logical information pertinent to the ecosystems, and fisheries being man- success of management or the achieve- aged under Federal regulation. ment of objectives of each FMP. (i) The Secretary has the responsi- (5) Each SAFE report may contain bility to assure that a SAFE report or additional economic, social, and eco- similar document is prepared, reviewed logical information pertinent to the annually, and changed as necessary for success of management or the achieve- each FMP. The Secretary or Councils ment of objectives of each FMP. may utilize any combination of talent [61 FR 32540, June 24, 1996, as amended at 63 from Council, state, Federal, univer- FR 24233, May 1, 1998] sity, or other sources to acquire and analyze data and produce the SAFE re- § 600.320 National Standard 3—Man- port. agement Units. (ii) The SAFE report provides infor- (a) Standard 3. To the extent prac- mation to the Councils for determining ticable, an individual stock of fish annual harvest levels from each stock, shall be managed as a unit throughout documenting significant trends or its range, and interrelated stocks of changes in the resource, marine eco- fish shall be managed as a unit or in systems, and fishery over time, and as- close coordination.
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(b) General. The purpose of this U.S. waters, although the Secretary standard is to induce a comprehensive can ordinarily implement them only approach to fishery management. The within the EEZ. The measures need not geographic scope of the fishery, for be identical for each geographic area planning purposes, should cover the en- within the management unit, if the tire range of the stocks(s) of fish, and FMP justifies the differences. A man- not be overly constrained by political agement unit may contain, in addition boundaries. Wherever practicable, an to regulated species, stocks of fish for FMP should seek to manage inter- which there is not enough information related stocks of fish. available to specify MSY and OY or to (c) Unity of management. Cooperation establish management measures, so and understanding among entities con- that data on these species may be col- cerned with the fishery (e.g., Councils, lected under the FMP. states, Federal Government, inter- (e) Analysis. To document that an national commissions, foreign nations) FMP is as comprehensive as prac- are vital to effective management. ticable, it should include discussions of Where management of a fishery in- the following: volves multiple jurisdictions, coordina- (1) The range and distribution of the tion among the several entities should stocks, as well as the patterns of fish- be sought in the development of an ing effort and harvest. FMP. Where a range overlaps Council (2) Alternative management units areas, one FMP to cover the entire and reasons for selecting a particular range is preferred. The Secretary des- one. A less-than-comprehensive man- ignates which Council(s) will prepare agement unit may be justified if, for the FMP, under section 304(f) of the example, complementary management Magnuson-Stevens Act. exits or is planned for a separate geo- (d) Management unit. The term ‘‘man- graphic area or for a distinct use of the agement unit’’ means a fishery or that stocks, or if the unmanaged portion of portion of a fishery identified in an the resource is immaterial to proper FMP as relevant to the FMP’s manage- management. ment objectives. (3) Management activities and habi- (1) Basis. The choice of a manage- tat programs of adjacent states and ment unit depends on the focus of the their effects on the FMP’s objectives FMP’s objectives, and may be orga- and management measures. Where nized around biological, geographic, state action is necessary to implement economic, technical, social, or ecologi- measures within state waters to cal perspectives. For example: achieve FMP objectives, the FMP (i) Biological—could be based on a should identify what state action is stock(s) throughout its range. necessary, discuss the consequences of (ii) Geographic—could be an area. state inaction or contrary action, and (iii) Economic—could be based on a make appropriate recommendations. fishery supplying specific product The FMP should also discuss the im- forms. pact that Federal regulations will have (iv) Technical—could be based on a on state management activities. fishery utilizing a specific gear type or (4) Management activities of other similar fishing practices. countries having an impact on the fish- (v) Social—could be based on fisher- ery, and how the FMP’s management men as the unifying element, such as measures are designed to take into ac- when the fishermen pursue different count these impacts. International species in a regular pattern throughout boundaries may be dealt with in sev- the year. eral ways. For example: (vi) Ecological—could be based on spe- (i) By limiting the management cies that are associated in the eco- unit’s scope to that portion of the system or are dependent on a par- stock found in U.S. waters; ticular habitat. (ii) By estimating MSY for the entire (2) Conservation and management meas- stock and then basing the determina- ures. FMPs should include conservation tion of OY for the U.S. fishery on the and management measures for that portion of the stock within U.S. wa- part of the management unit within ters; or
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(iii) By referring to treaties or coop- rect and deliberate distribution of the erative agreements. opportunity to participate in a fishery among identifiable, discrete user [61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998] groups or individuals. Any manage- ment measure (or lack of management) § 600.325 National Standard 4—Alloca- has incidental allocative effects, but tions. only those measures that result in di- (a) Standard 4. Conservation and rect distributions of fishing privileges management measures shall not dis- will be judged against the allocation criminate between residents of dif- requirements of Standard 4. Adoption ferent states. If it becomes necessary of an FMP that merely perpetuates ex- to allocate or assign fishing privileges isting fishing practices may result in among various U.S. fishermen, such al- an allocation, if those practices di- location shall be: rectly distribute the opportunity to (1) Fair and equitable to all such fish- participate in the fishery. Allocations ermen. of fishing privileges include, for exam- (2) Reasonably calculated to promote ple, per-vessel catch limits, quotas by conservation. vessel class and gear type, different (3) Carried out in such manner that quotas or fishing seasons for rec- no particular individual, corporation, reational and commercial fishermen, or other entity acquires an excessive assignment of ocean areas to different share of such privileges. gear users, and limitation of permits to (b) Discrimination among residents of a certain number of vessels or fisher- different states. An FMP may not dif- men. ferentiate among U.S. citizens, nation- (2) Analysis of allocations. Each FMP als, resident aliens, or corporations on should contain a description and anal- the basis of their state of residence. An ysis of the allocations existing in the FMP may not incorporate or rely on a fishery and of those made in the FMP. state statute or regulation that dis- The effects of eliminating an existing criminates against residents of another allocation system should be examined. state. Conservation and management Allocation schemes considered, but re- measures that have different effects on jected by the Council, should be in- persons in various geographic locations cluded in the discussion. The analysis are permissible if they satisfy the should relate the recommended alloca- other guidelines under Standard 4. Ex- tions to the FMP’s objectives and OY amples of these precepts are: specification, and discuss the factors (1) An FMP that restricted fishing in listed in paragraph (c)(3) of this sec- the EEZ to those holding a permit from tion. state X would violate Standard 4 if (3) Factors in making allocations. An state X issued permits only to its own allocation of fishing privileges must be citizens. fair and equitable, must be reasonably (2) An FMP that closed a spawning calculated to promote conservation, ground might disadvantage fishermen and must avoid excessive shares. These living in the state closest to it, because tests are explained in paragraphs they would have to travel farther to an (c)(3)(i) through (c)(3)(iii) of this sec- open area, but the closure could be jus- tion: tified under Standard 4 as a conserva- (i) Fairness and equity. (A) An alloca- tion measure with no discriminatory tion of fishing privileges should be ra- intent. tionally connected to the achievement (c) Allocation of fishing privileges. An of OY or with the furtherance of a le- FMP may contain management meas- gitimate FMP objective. Inherent in an ures that allocate fishing privileges if allocation is the advantaging of one such measures are necessary or helpful group to the detriment of another. The in furthering legitimate objectives or motive for making a particular alloca- in achieving the OY, and if the meas- tion should be justified in terms of the ures conform with paragraphs (c)(3)(i) objectives of the FMP; otherwise, the through (c)(3)(iii) of this section. disadvantaged user groups or individ- (1) Definition. An ‘‘allocation’’ or ‘‘as- uals would suffer without cause. For signment’’ of fishing privileges is a di- instance, an FMP objective to preserve
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the economic status quo cannot be FMP’s objectives. Examples are eco- achieved by excluding a group of long- nomic and social consequences of the time participants in the fishery. On the scheme, food production, consumer in- other hand, there is a rational connec- terest, dependence on the fishery by tion between an objective of harvesting present participants and coastal com- shrimp at their maximum size and munities, efficiency of various types of closing a nursery area to trawling. gear used in the fishery, transferability (B) An allocation of fishing privileges of effort to and impact on other fish- may impose a hardship on one group if eries, opportunity for new participants it is outweighed by the total benefits to enter the fishery, and enhancement received by another group or groups. of opportunities for recreational fish- An allocation need not preserve the ing. status quo in the fishery to qualify as ‘‘fair and equitable,’’ if a restructuring [61 FR 32540, June 24, 1996, as amended at 63 of fishing privileges would maximize FR 24234, May 1, 1998] overall benefits. The Council should make an initial estimate of the rel- § 600.330 National Standard 5—Effi- ative benefits and hardships imposed ciency. by the allocation, and compare its con- (a) Standard 5. Conservation and sequences with those of alternative al- management measures shall, where location schemes, including the status practicable, consider efficiency in the quo. Where relevant, judicial guidance utilization of fishery resources; except and government policy concerning the that no such measure shall have eco- rights of treaty Indians and aboriginal nomic allocation as its sole purpose. Americans must be considered in deter- (b) Efficiency in the utilization of re- mining whether an allocation is fair sources—(1) General. The term ‘‘utiliza- and equitable. tion’’ encompasses harvesting, proc- (ii) Promotion of conservation. Numer- essing, marketing, and non-consump- ous methods of allocating fishing privi- tive uses of the resource, since manage- leges are considered ‘‘conservation and ment decisions affect all sectors of the management’’ measures under section industry. In considering efficient utili- 303 of the Magnuson-Stevens Act. An zation of fishery resources, this stand- allocation scheme may promote con- ard highlights one way that a fishery servation by encouraging a rational, can contribute to the Nation’s benefit more easily managed use of the re- with the least cost to society: Given a source. Or, it may promote conserva- set of objectives for the fishery, an tion (in the sense of wise use) by opti- FMP should contain management mizing the yield in terms of size, value, measures that result in as efficient a market mix, price, or economic or so- fishery as is practicable or desirable. cial benefit of the product. To the ex- (2) Efficiency. In theory, an efficient tent that rebuilding plans or other con- fishery would harvest the OY with the servation and management measures that reduce the overall harvest in a minimum use of economic inputs such fishery are necessary, any harvest re- as labor, capital, interest, and fuel. Ef- strictions or recovery benefits must be ficiency in terms of aggregate costs allocated fairly and equitably among then becomes a conservation objective, the commercial, recreational, and where ‘‘conservation’’ constitutes wise charter fishing sectors of the fishery. use of all resources involved in the (iii) Avoidance of excessive shares. An fishery, not just fish stocks. allocation scheme must be designed to (i) In an FMP, management measures deter any person or other entity from may be proposed that allocate fish acquiring an excessive share of fishing among different groups of individuals privileges, and to avoid creating condi- or establish a system of property tions fostering inordinate control, by rights. Alternative measures examined buyers or sellers, that would not other- in searching for an efficient outcome wise exist. will result in different distributions of (iv) Other factors. In designing an al- gains and burdens among identifiable location scheme, a Council should con- user groups. An FMP should dem- sider other factors relevant to the onstrate that management measures
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aimed at efficiency do not simply re- ministrative costs, and taxation) are distribute gains and burdens without not permitted under the Magnuson- an increase in efficiency. Stevens Act, except for fees allowed (ii) Management regimes that allow a under section 304(d)(2). fishery to operate at the lowest pos- (2) Factors to consider. The Magnuson- sible cost (e.g., fishing effort, adminis- Stevens Act ties the use of limited ac- tration, and enforcement) for a par- cess to the achievement of OY. An ticular level of catch and initial stock FMP that proposes a limited access size are considered efficient. Restric- system must consider the factors listed tive measures that unnecessarily raise in section 303(b)(6) of the Magnuson- any of those costs move the regime to- Stevens Act and in § 600.325(c)(3). In ad- ward inefficiency. Unless the use of in- dition, it should consider the criteria efficient techniques or the creation of for qualifying for a permit, the nature redundant fishing capacity contributes of the interest created, whether to to the attainment of other social or bi- make the permit transferable, and the ological objectives, an FMP may not Magnuson-Stevens Act’s limitations on contain management measures that returning economic rent to the public impede the use of cost-effective tech- under section 304(d). The FMP should niques of harvesting, processing, or also discuss the costs of achieving an marketing, and should avoid creating appropriate distribution of fishing strong incentives for excessive invest- privileges. ment in private sector fishing capital (d) Analysis. An FMP should discuss and labor. the extent to which overcapitalization, (c) Limited access. A ‘‘system for lim- congestion, economic waste, and ineffi- iting access,’’ which is an optional cient techniques in the fishery reduce measure under section 303(b) of the the net benefits derived from the man- Magnuson-Stevens Act, is a type of al- agement unit and prevent the attain- location of fishing privileges that may ment and appropriate allocation of OY. be considered to contribute to eco- It should also explain, in terms of the nomic efficiency or conservation. For FMP’s objectives, any restriction example, limited access may be used to placed on the use of efficient tech- combat overfishing, overcrowding, or niques of harvesting, processing, or overcapitalization in a fishery to marketing. If, during FMP develop- achieve OY. In an unutilized or under- ment, the Council considered imposing utilized fishery, it may be used to re- a limited-entry system, the FMP duce the chance that these conditions should analyze the Council’s decision will adversely affect the fishery in the future, or to provide adequate eco- to recommend or reject limited access nomic return to pioneers in a new fish- as a technique to achieve efficient uti- ery. In some cases, limited entry is a lization of the resources of the fishing useful ingredient of a conservation industry. scheme, because it facilitates applica- (e) Economic allocation. This standard tion and enforcement of other manage- prohibits only those measures that dis- ment measures. tribute fishery resources among fisher- (1) Definition. Limited access (or lim- men on the basis of economic factors ited entry) is a management technique alone, and that have economic alloca- that attempts to limit units of effort in tion as their only purpose. Where con- a fishery, usually for the purpose of re- servation and management measures ducing economic waste, improving net are recommended that would change economic return to the fishermen, or the economic structure of the industry capturing economic rent for the benefit or the economic conditions under of the taxpayer or the consumer. Com- which the industry operates, the need mon forms of limited access are licens- for such measures must be justified in ing of vessels, gear, or fishermen to re- light of the biological, ecological, and duce the number of units of effort, and social objectives of the FMP, as well as dividing the total allowable catch into the economic objectives. fishermen’s quotas (a stock-certificate [61 FR 32540, June 24, 1996, as amended at 63 system). Two forms (i.e., Federal fees FR 7075, Feb. 12, 1998; 63 FR 24234, May 1, for licenses or permits in excess of ad- 1998]
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§ 600.335 National Standard 6—Vari- (i) Reduce OY. Lack of scientific ations and Contingencies. knowledge about the condition of a (a) Standard 6. Conservation and stock(s) could be reason to reduce OY. management measures shall take into (ii) Establish a reserve. Creation of a account and allow for variations reserve may compensate for uncertain- among, and contingencies in, fisheries, ties in estimating domestic harvest, fishery resources, and catches. stock conditions, or environmental fac- (b) Conservation and management. tors. Each fishery exhibits unique uncertain- (iii) Adjust management techniques. In ties. The phrase ‘‘conservation and the absence of adequate data to predict management’’ implies the wise use of the effect of a new regime, and to avoid fishery resources through a manage- creating unwanted variations, a Coun- ment regime that includes some pro- cil could guard against producing dras- tection against these uncertainties. tic changes in fishing patterns, alloca- The particular regime chosen must be tions, or practices. flexible enough to allow timely re- (iv) Highlight habitat conditions. FMPs sponse to resource, industry, and other may address the impact of pollution national and regional needs. Continual and the effects of wetland and estua- data acquisition and analysis will help rine degradation on the stocks of fish; the development of management meas- identify causes of pollution and habitat ures to compensate for variations and degradation and the authorities having to reduce the need for substantial buff- jurisdiction to regulate or influence ers. Flexibility in the management re- such activities; propose recommenda- gime and the regulatory process will tions that the Secretary will convey to aid in responding to contingencies. those authorities to alleviate such (c) Variations. (1) In fishery manage- problems; and state the views of the ment terms, variations arise from bio- Council on unresolved or anticipated logical, social, and economic occur- issues. rences, as well as from fishing prac- (d) Contingencies. Unpredictable tices. Biological uncertainties and lack events—such as unexpected resource of knowledge can hamper attempts to surges or failures, fishing effort greater estimate stock size and strength, stock than anticipated, disruptive gear con- location in time and space, environ- flicts, climatic conditions, or environ- mental/habitat changes, and ecological mental catastrophes—are best handled interactions. Economic uncertainty by establishing a flexible management may involve changes in foreign or do- regime that contains a range of man- mestic market conditions, changes in agement options through which it is operating costs, drifts toward overcapi- possible to act quickly without amend- talization, and economic perturbations ing the FMP or even its regulations. caused by changed fishing patterns. (1) The FMP should describe the Changes in fishing practices, such as management options and their con- the introduction of new gear, rapid in- sequences in the necessary detail to creases or decreases in harvest effort, guide the Secretary in responding to new fishing strategies, and the effects changed circumstances, so that the of new management techniques, may Council preserves its role as policy-set- also create uncertainties. Social ter for the fishery. The description changes could involve increases or de- should enable the public to understand creases in recreational fishing, or the what may happen under the flexible re- movement of people into or out of fish- gime, and to comment on the options. ing activities due to such factors as age (2) FMPs should include criteria for or educational opportunities. the selection of management measures, (2) Every effort should be made to de- directions for their application, and velop FMPs that discuss and take into mechanisms for timely adjustment of account these vicissitudes. To the ex- management measures comprising the tent practicable, FMPs should provide regime. For example, an FMP could in- a suitable buffer in favor of conserva- clude criteria that allow the Secretary tion. Allowances for uncertainties to open and close seasons, close fishing should be factored into the various ele- grounds, or make other adjustments in ments of an FMP. Examples are: management measures.
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(3) Amendment of a flexible FMP (v) The economic condition of a fish- would be necessary when cir- ery and whether an FMP can produce cumstances in the fishery change sub- more efficient utilization. stantially, or when a Council adopts a (vi) The needs of a developing fish- different management philosophy and ery, and whether an FMP can foster or- objectives. derly growth. (vii) The costs associated with an § 600.340 National Standard 7—Costs FMP, balanced against the benefits and Benefits. (see paragraph (d) of this section as a (a) Standard 7. Conservation and guide). management measures shall, where (c) Alternative management measures. Management measures should not im- practicable, minimize costs and avoid pose unnecessary burdens on the econ- unnecessary duplication. omy, on individuals, on private or pub- (b) Necessity of Federal management— lic organizations, or on Federal, state, (1) General. The principle that not or local governments. Factors such as every fishery needs regulation is im- fuel costs, enforcement costs, or the plicit in this standard. The Magnuson- burdens of collecting data may well Stevens Act requires Councils to pre- suggest a preferred alternative. pare FMPs only for overfished fisheries (d) Analysis. The supporting analyses and for other fisheries where regula- for FMPs should demonstrate that the tion would serve some useful purpose benefits of fishery regulation are real and where the present or future bene- and substantial relative to the added fits of regulation would justify the research, administrative, and enforce- costs. For example, the need to collect ment costs, as well as costs to the in- data about a fishery is not, by itself, dustry of compliance. In determining adequate justification for preparation the benefits and costs of management of an FMP, since there are less costly measures, each management strategy ways to gather the data (see considered and its impacts on different § 600.320(d)(2). In some cases, the FMP user groups in the fishery should be preparation process itself, even if it evaluated. This requirement need not does not culminate in a document ap- produce an elaborate, formalistic cost/ proved by the Secretary, can be useful benefit analysis. Rather, an evaluation in supplying a basis for management of effects and costs, especially of dif- by one or more coastal states. ferences among workable alternatives, (2) Criteria. In deciding whether a including the status quo, is adequate. fishery needs management through If quantitative estimates are not pos- regulations implementing an FMP, the sible, qualitative estimates will suffice. following general factors should be (1) Burdens. Management measures considered, among others: should be designed to give fishermen (i) The importance of the fishery to the greatest possible freedom of action in conducting business and pursuing the Nation and to the regional econ- recreational opportunities that are omy. consistent with ensuring wise use of (ii) The condition of the stock or the resources and reducing conflict in stocks of fish and whether an FMP can the fishery. The type and level of bur- improve or maintain that condition. den placed on user groups by the regu- (iii) The extent to which the fishery lations need to be identified. Such an could be or is already adequately man- examination should include, for exam- aged by states, by state/Federal pro- ple: Capital outlays; operating and grams, by Federal regulations pursuant maintenance costs; reporting costs; ad- to FMPs or international commissions, ministrative, enforcement, and infor- or by industry self-regulation, con- mation costs; and prices to consumers. sistent with the policies and standards Management measures may shift costs of the Magnuson-Stevens Act. from one level of government to an- (iv) The need to resolve competing other, from one part of the private sec- interests and conflicts among user tor to another, or from the government groups and whether an FMP can fur- to the private sector. Redistribution of ther that resolution. costs through regulations is likely to
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generate controversy. A discussion of such communities and minimizes the these and any other burdens placed on adverse economic impacts on such the public through FMP regulations communities would be the preferred al- should be a part of the FMP’s sup- ternative. porting analyses. (2) This standard does not constitute (2) Gains. The relative distribution of a basis for allocating resources to a gains may change as a result of insti- specific fishing community nor for pro- tuting different sets of alternatives, as viding preferential treatment based on may the specific type of gain. The anal- residence in a fishing community. ysis of benefits should focus on the spe- (3) The term ‘‘fishing community’’ cific gains produced by each alter- means a community that is substan- native set of management measures, tially dependent on or substantially including the status quo. The benefits engaged in the harvest or processing of to society that result from the alter- fishery resources to meet social and native management measures should economic needs, and includes fishing be identified, and the level of gain as- vessel owners, operators, and crew, and sessed. fish processors that are based in such [61 FR 32540, June 24, 1996, as amended at 63 communities. A fishing community is a FR 7075, Feb. 12, 1998; 63 FR 24234, May 1, social or economic group whose mem- 1998] bers reside in a specific location and share a common dependency on com- § 600.345 National Standard 8—Com- mercial, recreational, or subsistence munities. fishing or on directly related fisheries- (a) Standard 8. Conservation and dependent services and industries (for management measures shall, con- example, boatyards, ice suppliers, sistent with the conservation require- tackle shops). ments of the Magnuson-Stevens Act (4) The term ‘‘sustained participa- (including the prevention of over- tion’’ means continued access to the fishing and rebuilding of overfished fishery within the constraints of the stocks), take into account the impor- condition of the resource. tance of fishery resources to fishing (c) Analysis. (1) FMPs must examine communities in order to: the social and economic importance of (1) Provide for the sustained partici- fisheries to communities potentially pation of such communities; and affected by management measures. For (2) To the extent practicable, mini- example, severe reductions of harvests mize adverse economic impacts on such for conservation purposes may decrease communities. employment opportunities for fisher- (b) General. (1) This standard requires men and processing plant workers, that an FMP take into account the im- thereby adversely affecting their fami- portance of fishery resources to fishing lies and communities. Similarly, a communities. This consideration, how- management measure that results in ever, is within the context of the con- the allocation of fishery resources servation requirements of the Magnu- among competing sectors of a fishery son-Stevens Act. Deliberations regard- may benefit some communities at the ing the importance of fishery resources expense of others. to affected fishing communities, there- (2) An appropriate vehicle for the fore, must not compromise the achieve- analyses under this standard is the ment of conservation requirements and fishery impact statement required by goals of the FMP. Where the preferred section 303(a)(9) of the Magnuson-Ste- alternative negatively affects the sus- vens Act. Qualitative and quantitative tained participation of fishing commu- data may be used, including informa- nities, the FMP should discuss the ra- tion provided by fishermen, dealers, tionale for selecting this alternative processors, and fisheries organizations over another with a lesser impact on and associations. In cases where data fishing communities. All other things are severely limited, effort should be being equal, where two alternatives directed to identifying and gathering achieve similar conservation goals, the needed data. alternative that provides the greater (3) To address the sustained partici- potential for sustained participation of pation of fishing communities that will
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be affected by management measures, ures. Bycatch can, in two ways, impede the analysis should first identify af- efforts to protect marine ecosystems fected fishing communities and then and achieve sustainable fisheries and assess their differing levels of depend- the full benefits they can provide to ence on and engagement in the fishery the Nation. First, bycatch can increase being regulated. The analysis should substantially the uncertainty con- also specify how that assessment was cerning total fishing-related mortality, made. The best available data on the which makes it more difficult to assess history, extent, and type of participa- the status of stocks, to set the appro- tion of these fishing communities in priate OY and define overfishing levels, the fishery should be incorporated into and to ensure that OYs are attained the social and economic information and overfishing levels are not exceeded. presented in the FMP. The analysis Second, bycatch may also preclude does not have to contain an exhaustive other more productive uses of fishery listing of all communities that might resources. fit the definition; a judgment can be (c) Definition—Bycatch. The term made as to which are primarily af- ‘‘bycatch’’ means fish that are har- fected. The analysis should discuss vested in a fishery, but that are not each alternative’s likely effect on the sold or kept for personal use. Bycatch sustained participation of these fishing includes the discard of whole fish at communities in the fishery. sea or elsewhere, including economic (4) The analysis should assess the discards and regulatory discards, and likely positive and negative social and fishing mortality due to an encounter economic impacts of the alternative with fishing gear that does not result management measures, over both the in capture of fish (i.e., unobserved fish- short and the long term, on fishing ing mortality). Bycatch does not in- communities. Any particular manage- clude any fish that legally are retained ment measure may economically ben- in a fishery and kept for personal, trib- efit some communities while adversely al, or cultural use, or that enter com- affecting others. Economic impacts merce through sale, barter, or trade. should be considered both for indi- Bycatch does not include fish released vidual communities and for the group alive under a recreational catch-and- of all affected communities identified release fishery management program. in the FMP. Impacts of both consump- A catch-and-release fishery manage- tive and non-consumptive uses of fish- ment program is one in which the re- ery resources should be considered. tention of a particular species is pro- (5) A discussion of social and eco- hibited. In such a program, those fish nomic impacts should identify those released alive would not be considered alternatives that would minimize ad- bycatch. Bycatch also does not include verse impacts on these fishing commu- Atlantic highly migratory species har- nities within the constraints of con- vested in a commercial fishery that are servation and management goals of the not regulatory discards and that are FMP, other national standards, and tagged and released alive under a sci- other applicable law. entific tag-and-release program estab- [63 FR 24234, May 1, 1998] lished by the Secretary. (d) Minimizing bycatch and bycatch § 600.350 National Standard 9—By- mortality. The priority under this catch. standard is first to avoid catching by- (a) Standard 9. Conservation and catch species where practicable. Fish management measures shall, to the ex- that are bycatch and cannot be avoided tent practicable: must, to the extent practicable, be re- (1) Minimize bycatch; and turned to the sea alive. Any proposed (2) To the extent bycatch cannot be conservation and management measure avoided, minimize the mortality of that does not give priority to avoiding such bycatch. the capture of bycatch species must be (b) General. This national standard supported by appropriate analyses. In requires Councils to consider the by- their evaluation, the Councils must catch effects of existing and planned consider the net benefits to the Nation, conservation and management meas- which include, but are not limited to:
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Negative impacts on affected stocks; tality or other effects for each alter- incomes accruing to participants in di- native. In the absence of quantitative rected fisheries in both the short and estimates of the impacts of each alter- long term; incomes accruing to partici- native, Councils may use qualitative pants in fisheries that target the by- measures. Information on the amount catch species; environmental con- and type of bycatch should be summa- sequences; non-market values of by- rized in the SAFE reports. catch species, which include non-con- (3) Select measures that, to the extent sumptive uses of bycatch species and practicable, will minimize bycatch and by- existence values, as well as rec- catch mortality. (i) A determination of reational values; and impacts on other whether a conservation and manage- marine organisms. To evaluate con- ment measure minimizes bycatch or servation and management measures bycatch mortality to the extent prac- relative to this and other national ticable, consistent with other national standards, as well as to evaluate total standards and maximization of net ben- fishing mortality, Councils must— efits to the Nation, should consider the (1) Promote development of a database following factors: on bycatch and bycatch mortality in the (A) Population effects for the by- fishery to the extent practicable. A review catch species. and, where necessary, improvement of data collection methods, data sources, (B) Ecological effects due to changes and applications of data must be initi- in the bycatch of that species (effects ated for each fishery to determine the on other species in the ecosystem). amount, type, disposition, and other (C) Changes in the bycatch of other characteristics of bycatch and bycatch species of fish and the resulting popu- mortality in each fishery for purposes lation and ecosystem effects. of this standard and of section (D) Effects on marine mammals and 303(a)(11) and (12) of the Magnuson-Ste- birds. vens Act. Bycatch should be cat- (E) Changes in fishing, processing, egorized to focus on management re- disposal, and marketing costs. sponses necessary to minimize bycatch (F) Changes in fishing practices and and bycatch mortality to the extent behavior of fishermen. practicable. When appropriate, man- (G) Changes in research, administra- agement measures, such as at-sea mon- tion, and enforcement costs and man- itoring programs, should be developed agement effectiveness. to meet these information needs. (H) Changes in the economic, social, (2) For each management measure, as- or cultural value of fishing activities sess the effects on the amount and type of and nonconsumptive uses of fishery re- bycatch and bycatch mortality in the fish- sources. ery. Most conservation and manage- (I) Changes in the distribution of ben- ment measures can affect the amounts efits and costs. of bycatch or bycatch mortality in a fishery, as well as the extent to which (J) Social effects. further reductions in bycatch are prac- (ii) The Councils should adhere to the ticable. In analyzing measures, includ- precautionary approach found in the ing the status quo, Councils should as- Food and Agriculture Organization of sess the impacts of minimizing bycatch the United Nations (FAO) Code of Con- and bycatch mortality, as well as con- duct for Responsible Fisheries (Article sistency of the selected measure with 6.5), which is available from the Direc- other national standards and applica- tor, Publications Division, FAO, Viale ble laws. The benefits of minimizing delle Terme di Caracalla, 00100 Rome, bycatch to the extent practicable Italy, when faced with uncertainty should be identified and an assessment concerning any of the factors listed in of the impact of the selected measure this paragraph (d)(3). on bycatch and bycatch mortality pro- (4) Monitor selected management meas- vided. Due to limitations on the infor- ures. Effects of implemented measures mation available, fishery managers should be evaluated routinely. Moni- may not be able to generate precise es- toring systems should be established timates of bycatch and bycatch mor- prior to fishing under the selected
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management measures. Where applica- and about the capabilities of the vessel ble, plans should be developed and co- and crew to operate safely in a variety ordinated with industry and other con- of weather and sea conditions. This na- cerned organizations to identify oppor- tional standard does not replace the tunities for cooperative data collec- judgment or relieve the responsibility tion, coordination of data management of the vessel master related to vessel for cost efficiency, and avoidance of safety. The Councils, the USCG, and duplicative effort. NMFS, through the consultation proc- (e) Other considerations. Other appli- ess of paragraph (d) of this section, will cable laws, such as the MMPA, the review all FMPs, amendments, and reg- ESA, and the Migratory Bird Treaty ulations during their development to Act, require that Councils consider the ensure they recognize any impact on impact of conservation and manage- the safety of human life at sea and ment measures on living marine re- minimize or mitigate that impact sources other than fish; i.e., marine where practicable. mammals and birds. (c) Safety considerations. The fol- [63 FR 24235, May 1, 1998] lowing is a non-inclusive list of safety considerations that should be consid- § 600.355 National Standard 10—Safety ered in evaluating management meas- of Life at Sea. ures under national standard 10. (a) Standard 10. Conservation and (1) Operating environment. Where and management measures shall, to the ex- when a fishing vessel operates is partly tent practicable, promote the safety of a function of the general climate and human life at sea. weather patterns of an area. Typically, (b) General. (1) Fishing is an inher- larger vessels can fish farther offshore ently dangerous occupation where not and in more adverse weather condi- all hazardous situations can be fore- tions than smaller vessels. An FMP seen or avoided. The standard directs should try to avoid creating situations Councils to reduce that risk in crafting that result in vessels going out farther, their management measures, so long as fishing longer, or fishing in weather they can meet the other national worse than they generally would have standards and the legal and practical in the absence of management meas- requirements of conservation and man- ures. Where these conditions are un- agement. This standard is not meant to avoidable, management measures give preference to one method of man- should mitigate these effects, con- aging a fishery over another. (2) The qualifying phrase ‘‘to the ex- sistent with the overall management tent practicable’’ recognizes that regu- goals of the fishery. lation necessarily puts constraints on (2) Gear and vessel loading require- fishing that would not otherwise exist. ments. A fishing vessel operates in a These constraints may create pressures very dynamic environment that can be on fishermen to fish under conditions an extremely dangerous place to work. that they would otherwise avoid. This Moving heavy gear in a seaway creates standard instructs the Councils to a dangerous situation on a vessel. Car- identify and avoid those situations, if rying extra gear can also significantly they can do so consistent with the reduce the stability of a fishing vessel, legal and practical requirements of making it prone to capsizing. An FMP conservation and management of the should consider the safety and stability resource. of fishing vessels when requiring spe- (3) For the purposes of this national cific gear or requiring the removal of standard, the safety of the fishing ves- gear from the water. Management sel and the protection from injury of measures should reflect a sensitivity to persons aboard the vessel are consid- these issues and provide methods of ered the same as ‘‘safety of human life mitigation of these situations wherever at sea. The safety of a vessel and the possible. people aboard is ultimately the respon- (3) Limited season and area fisheries. sibility of the master of that vessel. Fisheries where time constraints for Each master makes many decisions harvesting are a significant factor and about vessel maintenance and loading with no flexibility for weather, often
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called ‘‘derby’’ fisheries, can create se- to take additional risks with respect to rious safety problems. To participate vessel safety. fully in such a fishery, fishermen may [63 FR 24236, May 1, 1998] fish in bad weather and overload their vessel with catch and/or gear. Where these conditions exist, FMPs should at- Subpart E—Confidentiality of tempt to mitigate these effects and Statistics avoid them in new management re- gimes, as discussed in paragraph (e) of § 600.405 Types of statistics covered. this section. NOAA is authorized under the Mag- (d) Consultation. During preparation nuson-Stevens Act and other statutes of any FMP, FMP amendment, or regu- to collect proprietary or confidential lation that might affect safety of commercial or financial information. human life at sea, the Council should This part applies to all pertinent data consult with the USCG and the fishing required to be submitted to the Sec- industry as to the nature and extent of retary with respect to any FMP includ- any adverse impacts. This consultation ing, but not limited to, information re- may be done through a Council advi- garding the type and quantity of fish- sory panel, committee, or other review ing gear used, catch by species in num- of the FMP, FMP amendment, or regu- bers of fish or weight thereof, areas in lations. Mitigation, to the extent prac- which fishing occurred, time of fishing, ticable, and other safety considerations number of hauls, and the estimated identified in paragraph (c) of this sec- processing capacity of, and the actual processing capacity utilized by, U.S. tion should be included in the FMP. fish processors. (e) Mitigation measures. There are many ways in which an FMP may [61 FR 32540, June 24, 1996, as amended at 63 avoid or provide alternative measures FR 7075, Feb. 12, 1998] to reduce potential impacts on safety of human life at sea. The following is a § 600.410 Collection and maintenance of statistics. list of some factors that could be con- sidered when management measures (a) General. (1) All statistics required are developed: to be submitted to the Secretary are (1) Setting seasons to avoid haz- provided to the Assistant Adminis- ardous weather. trator. (2) Providing for seasonal or trip (2) After receipt, the Assistant Ad- flexibility to account for bad weather ministrator will remove all identifying (weather days). particulars from the statistics if doing (3) Allowing for pre- and post-season so is consistent with the needs of NMFS and good scientific practice. ‘‘soak time’’ to deploy and pick up fixed gear, so as to avoid overloading (3) Appropriate safeguards as speci- vessels with fixed gear. fied by NOAA Directives, or other NOAA or NMFS internal procedures, (4) Tailoring gear requirements to apply to the collection and mainte- provide for smaller or lighter gear for nance of all statistics, whether sepa- smaller vessels. rated from identifying particulars or (5) Avoiding management measures not, so as to ensure their confiden- that require hazardous at-sea inspec- tiality. tions or enforcement if other com- (b) Collection agreements with states. parable enforcement could be accom- (1) The Assistant Administrator may plished as effectively. enter into an agreement with a state (6) Limiting the number of partici- authorizing the state to collect statis- pants in the fishery. tics on behalf of the Secretary. (7) Spreading effort over time and (2) NMFS will not enter into a coop- area to avoid potential gear and/or ves- erative collection agreement with a sel conflicts. state unless the state has authority to (8) Implementing management meas- protect the statistics from disclosure ures that reduce the race for fish and in a manner at least as protective as the resulting incentives for fishermen these regulations.
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§ 600.415 Access to statistics. (d) Councils. Upon written request by (a) General. In determining whether the Council Executive Director, access to grant a request for access to con- to confidential data will be granted to: fidential data, the following informa- (1) Council employees who are re- tion will be taken into consideration sponsible for FMP development and (also see § 600.130): monitoring. (1) The specific types of data re- (2) A Council for use by the Council quired. for conservation and management pur- (2) The relevance of the data to con- poses, with the approval of the Assist- servation and management issues. ant Administrator. In addition to the (3) The duration of time access will information described in paragraph (a) be required: continuous, infrequent, or of this section, the Assistant Adminis- one-time. trator will consider the following in de- (4) An explanation of why the avail- ciding whether to grant access: ability of aggregate or non-confidential (i) The possibility that Council mem- summaries of data from other sources bers might gain personal or competi- would not satisfy the requested needs. tive advantage from access to the data. (b) Federal employees. Statistics sub- (ii) The possibility that the suppliers mitted as a requirement of an FMP and of the data would be placed at a com- that reveal the identity of the sub- petitive disadvantage by public disclo- mitter will only be accessible to the sure of the data at Council meetings or following: hearings. (1) Personnel within NMFS respon- (3) A contractor of the Council for sible for the collection, processing, and use in such analysis or studies nec- storage of the statistics. essary for conservation and manage- (2) Federal employees who are re- ment purposes, with approval of the sponsible for FMP development, moni- Assistant Administrator and execution toring, and enforcement. of an agreement with NMFS as de- (3) Personnel within NMFS per- scribed by NOAA Administrative Order forming research that requires con- (NAO) 216–100. fidential statistics. (e) Prohibitions. Persons having ac- (4) Other NOAA personnel on a de- cess to these data are prohibited from monstrable need-to-know basis. unauthorized use or disclosure and are (5) NOAA/NMFS contractors or subject to the provisions of 18 U.S.C. grantees who require access to con- 1905, 16 U.S.C. 1857, and NOAA/NMFS fidential statistics to perform func- internal procedures, including NAO tions authorized by a Federal contract 216–100. or grant. (c) State personnel. Upon written re- [61 FR 32540, June 24, 1996, as amended at 63 quest, confidential statistics will only FR 7075, Feb. 12, 1998] be accessible if: § 600.420 Control system. (1) State employees demonstrate a need for confidential statistics for use (a) The Assistant Administrator in fishery conservation and manage- maintains a control system to protect ment. the identity of submitters of statistics (2) The state has entered into a writ- required by an FMP. The control sys- ten agreement between the Assistant tem: Administrator and the head of the (1) Identifies those persons who have state’s agency that manages marine access to the statistics. and/or anadromous fisheries. The (2) Contains procedures to limit ac- agreement shall contain a finding by cess to confidential data to authorized the Assistant Administrator that the users. state has confidentiality protection au- (3) Provides for safeguarding the thority comparable to the Magnuson- data. Stevens Act and that the state will ex- (b) This system requires that all per- ercise this authority to limit subse- sons who have authorized access to the quent access and use of the data to data be informed of the confidentiality fishery management and monitoring of the data. These persons are required purposes. to sign a statement that they:
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(1) Have been informed that the data employer or principal, and regardless are confidential. of knowledge concerning the occur- (2) Have reviewed and are familiar rence. with the procedures to protect con- (c) Activity codes. Permits to fish fidential statistics. under this subpart may be issued by the Assistant Administrator for the ac- § 600.425 Release of statistics. tivities described in this paragraph, (a) The Assistant Administrator will but the permits may be modified by not release to the public any statistics regulations of this subpart and by the required to be submitted under an FMP conditions and restrictions attached to in a form that would identify the sub- the permit (see paragraphs (e)(1)(v) and mitter, except as required by law. (l) of this section). The Assistant Ad- (b) All requests from the public for ministrator may issue a permit, as ap- statistics submitted in response to a propriate, for one or more of the activ- requirement of an FMP will be proc- ity codes listed. Only vessels of nations essed consistent with the NOAA FOIA having a GIFA with the United States regulations (15 CFR part 903), NAO 205– may be issued permits for activity 14, Department of Commerce Adminis- codes 1 through 9. A GIFA is not re- trative Orders 205–12 and 205–14 and 15 quired for a vessel to be issued a permit CFR part 4. for activity code 10. The activity codes (c) NOAA does not release or allow are described as follows: access to confidential information in its possession to members of Council (1) Activity Code 1. Catching, scout- advisory groups, except as provided by ing, processing, transshipping, and sup- law. porting foreign vessels. Activity is lim- ited to fish harvested or to be har- Subpart F—Foreign Fishing vested by foreign vessels in the EEZ. (2) Activity Code 2. Processing, scout- § 600.501 Vessel permits. ing, transshipping, and supporting for- eign vessels. Activity is limited to fish (a) General. (1) Each FFV fishing harvested or to be harvested by foreign under the Magnuson-Stevens Act must vessels in the EEZ. have on board a permit issued under this section, unless it is engaged only (3) Activity Code 3. Transshipping, in recreational fishing. scouting, and supporting foreign ves- (2) Permits issued under this section sels. Activity is limited to fish har- do not authorize FFV’s or persons to vested or to be harvested by foreign harass, capture, or kill marine mam- vessels in the EEZ. mals. No marine mammals may be (4) Activity Code 4. Processing, scout- taken in the course of fishing unless ing, transshipping, and supporting U.S. that vessel has on board a currently vessels delivering fish to foreign ves- valid Authorization Certificate under sels. Activity is limited to the receipt the MMPA. Regulations governing the of unprocessed fish harvested or to be taking of marine mammals incidental harvested by U.S. vessels. to commercial fishing operations are (5) Activity Code 5. Transshipping, contained in 50 CFR part 229 of this scouting, and supporting foreign ves- title. sels. Transshipment limited to fish re- (b) Responsibility of owners and opera- ceived or to be received from foreign tors. The owners and operators of each vessels processing fish from U.S. har- FFV are jointly and severally respon- vesting vessels. sible for compliance with the Magnu- (6) Activity Code 6. Transshipping, son-Stevens Act, the applicable GIFA, scouting, and supporting U.S. vessels. this subpart, and any permit issued Transshipment limited to U.S.-har- under the Magnuson-Stevens Act and vested fish processed on board U.S. ves- this subpart. The owners and operators sels. of each FFV bear civil responsibility (7) Activity Code 7. Processing, trans- for the acts of their employees and shipping, and supporting foreign ves- agents constituting violations, regard- sels. Activity limited to fish harvested less of whether the specific acts were or to be harvested by foreign vessels authorized or even forbidden by the seaward of the EEZ.
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(8) Activity Code 8. Transshipping and is considered a new application, and a supporting foreign vessels. Activity is new application fee must be paid. limited to fish harvested or to be har- NMFS will promptly process an appli- vested seaward of the EEZ by foreign cation for a vessel replacing a per- vessels or fish duly authorized for proc- mitted FFV that is disabled or decom- essing in the internal waters of one of missioned, once the appropriate Coun- the states. cil(s) and governmental agencies have (9) Activity Code 9. Supporting U.S. been notified of the substituted appli- fishing vessels and U.S. fish processing cation. vessels and any foreign fishing vessels (e) Issuance. (1) Permits may be authorized under any activity code issued to an FFV by the Assistant Ad- under paragraph (c) of this subpart. ministrator after— (10) Activity Code 10. Transshipping at (i) The Assistant Administrator de- sea for the purpose of transporting fish termines that the fishing described in or fish products from a point within the application will meet the require- the EEZ or, with the concurrence of a ments of the Magnuson-Stevens Act state, within the boundaries of that and approves the permit application. state, to a point outside the United (ii) The applicant has paid the fees States. and provided any assurances required (d) Application. (1) Applications for by the Secretary in accordance with FFV permits authorizing activity the provisions of § 600.518. codes 1 through 9 must be submitted by (iii) The applicant has appointed an an official representative of a foreign agent. nation to the DOS. Applications for (iv) The applicant has identified a permits authorizing activity codes 1 designated representative. through 9 are available from, and (v) The applicant has accepted the should be submitted to, DOS, OES/ general ‘‘conditions and restrictions’’ OMC, Washington, DC 20520. Applica- of receiving permits, as required by tions for FFV permits authorizing ac- section 204(b)(7) of the Magnuson-Ste- tivity code 10 may be submitted by any vens Act, and any ‘‘additional restric- person to the Assistant Administrator. tions’’ attached to the permit for the Applications for permits authorizing conservation and management of fish- activity code 10 are available from ery resources or for the prevention of NMFS, Attn: International Fisheries significant impairment of the national Division, 1315 East West Highway, Sil- defense or security interests. ver Spring, Maryland 20910. All appli- (2) The DOS will provide permits for cants should allow 90 days for review activity codes 1 through 9 to the offi- and comment by the public, involved cial representative of the applicant for- governmental agencies, and appro- eign nation. The Assistant Adminis- priate Councils and for processing be- trator will provide permits for activity fore the anticipated date to begin fish- code 10 directly to the applicant. ing. The permit application fee must be paid at the time of application accord- (3) An approved permit will contain— ing to § 600.518. (i) The name and IRCS of the FFV (2) Applicants must provide complete and its permit number. and accurate information requested on (ii) The permitted fisheries and/or ac- the permit application form. tivity codes. (3) Applicants for FFV’s that will (iii) The date of issuance and expira- support U.S. vessels in joint ventures tion date, if other than December 31. (Activity Code 4) must provide the ad- (iv) All conditions and restrictions, ditional information specified by the and any additional restrictions and permit application form. technical modifications appended to (4) Each applicant may request to the permit. substitute one FFV for another of the (4) Permits are not issued for boats same flag by submitting a new applica- that are launched from larger vessels. tion form and a short explanation of Any enforcement action that results the reason for the substitution to the from the activities of a launched boat appropriate address listed at paragraph will be taken against the permitted (d)(1) of this section. Each substitution vessel.
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(f) Duration. A permit is valid from added additional restrictions is a con- its date of issuance to its date of expi- dition of the permit. Violations of ration, unless it is revoked or sus- added additional restrictions will be pended or the nation issuing the FFV’s treated as violations of this subpart. documents does not accept amend- (2) The Assistant Administrator may ments to the permit made by the As- make proposed additional restrictions sistant Administrator in accordance effective immediately, if necessary, to with the procedures of paragraph (l) of prevent substantial harm to a fishery this section. The permit will be valid resource of the United States, to allow for no longer than the calendar year in for the continuation of ongoing fishing which it was issued. operations, or to allow for fishing to (g) Transfer. Permits are not transfer- begin at the normal time for opening of able or assignable. A permit is valid only for the FFV to which it is issued. the fishery. (h) Display. Each FFV operator must (3) The Assistant Administrator will have a properly completed permit form send proposed additional restrictions available on board the FFV when en- to each Nation whose vessels are af- gaged in fishing activities and must fected (via the Secretary of State), to produce it at the request of an author- the appropriate Councils, and to the ized officer or observer. Commandant of the Coast Guard. (i) Suspension and revocation. NMFS NMFS will, at the same time, publish a may apply sanctions to an FFV’s per- document of any significant proposed mit by revoking, suspending, or impos- additional restrictions in the FEDERAL ing additional permit restrictions on REGISTER. The document will include a the permit under 15 CFR part 904, if the summary of the reasons underlying the vessel is involved in the commission of proposal, and the reasons that any pro- any violation of the Magnuson-Stevens posed additional restrictions are made Act, the GIFA, or this subpart; if an effective immediately. agent and a designated representative (4) The Nation whose vessels are in- are not maintained in the United volved, the owners of the affected ves- States; if a civil penalty or criminal sels, their representatives, the agencies fine imposed under the Magnuson-Ste- specified in paragraph (l)(3) of this sec- vens Act has become overdue; or as tion, and the public may submit writ- otherwise specified in the Magnuson- ten comments on the proposed addi- Stevens Act. (j) Fees. Permit application fees are tional restrictions within 30 days after described in § 600.518. publication in the FEDERAL REGISTER. (k) Change in application information. (5) The Assistant Administrator will The applicant must report, in writing, make a final decision regarding the any change in the information supplied proposed additional restrictions as under paragraph (d) of this section to soon as practicable after the end of the the Assistant Administrator within 15 comment period. The Assistant Admin- calendar days after the date of the istrator will provide the final addi- change. Failure to report a change in tional restrictions to the Nation whose the ownership from that described in vessels are affected (via the Secretary the current application within the of State) according to the procedures of specified time frame voids the permit, paragraph (e) of this section. The As- and all penalties involved will accrue sistant Administrator will include with to the previous owner. the final additional restrictions to the (l) Permit amendments. (1) The Assist- Nation, a response to comments sub- ant Administrator may amend a per- mitted. mit by adding ‘‘additional restrictions’’ (6) Additional restrictions may be for the conservation and management modified by following the procedures of of fishery resources covered by the per- paragraphs (l)(2) through (l)(5) of this mit, or for the national defense or se- section. curity if the Assistant Administrator determines that such interests would [61 FR 32540, June 24, 1996, as amended at 63 be significantly impaired without such FR 7075, Feb. 12, 1998; 64 FR 39019, July 21, restrictions. Compliance with the 1999]
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§ 600.502 Vessel reports. code, confirmation codes where re- (a) The operator of each FFV must quired, and the other information spec- report the FFV’s activities to the ified in paragraphs (c)(1) through (c)(11) USCG and NMFS as specified in this of this section. section. (1) ‘‘BEGIN’’. Each operator must (b) All reports required by this sec- specify the date, time, position, and tion must be in English and in the for- area the FFV will actually ‘‘BEGIN’’ mats specified in the permit additions fishing in the EEZ and the species (by and restrictions. Reports must be de- species code), product (by product livered via private or commercial com- code), and quantity of all fish and fish munications facilities, facsimile, or products (by product weight to the other electronic means acceptable to nearest hundredth of a metric ton) on NMFS and the USCG, directly to the board when entering the EEZ (action appropriate NMFS Region or Center code ‘‘BEGIN’’). The message must be and USCG commander. Weekly reports delivered at least 24 hours before the must also be delivered directly to the vessel begins to fish. appropriate NMFS Region or Center (2) ‘‘DEPART’’. Each operator must (see tables 1 and 2 of this section). (The specify the date, time, position, and required reports may be delivered to area the FFV will ‘‘DEPART’’ the EEZ the closest USCG communication sta- to embark or debark an observer, to tion as indicated in table 3 of this sec- visit a U.S. port, to conduct a joint tion or other USCG communication venture in internal waters, or to other- station only if adequate private or wise temporarily leave an authorized commercial communications facilities fishing area, but not depart the sea- have not been successfully contacted.) ward limit of the EEZ (action code Radio reports must be made via radio- ‘‘DEPART’’). The message must be telegraphy, Telex, or facsimile where transmitted before the FFV departs available. For the purposes of this sec- the present fishing area and delivered tion, a message is considered ‘‘trans- within 24 hours of its transmittal. mitted’’ when its receipt is acknowl- (3) ‘‘RETURN’’. Each operator must edged by a communications facility specify the date, time, position, and and considered ‘‘delivered’’ upon its re- ceipt by the offices of the appropriate area the FFV will ‘‘RETURN’’ to the USCG commander, NMFS Regional Of- EEZ following a temporary departure, fice, or NMFS Center identified in and the species (by species code), prod- table 2 of this section. Reports required uct (by product code), and quantity of by this section may be submitted by all fish and fish products (by product the vessel’s designated representative; weight to the nearest hundredth of a however, the operator of the FFV is re- metric ton) on board that were re- sponsible for the correct and timely fil- ceived in a joint venture in internal ing of all required reports. waters (action code ‘‘RETURN’’). The (c) Activity reports. The operator of message must be transmitted before re- each FFV must report the FFV’s move- turning to the EEZ and delivered with- ments and activities before or upon the in 24 hours of its transmittal. event, as specified in this paragraph (4) ‘‘SHIFT’’. Each operator must re- (c). Appropriate forms, instructions, port each SHIFT in fishing area (as de- codes, and examples are contained in scribed for each fishery) by specifying the conditions and restrictions of the the date, time, and position the FFV FFV’s permit. Each FFV report must will start fishing, and the new area (ac- contain the following information: The tion code ‘‘SHIFT’’). The message must message identifier ‘‘VESREP’’ to indi- be transmitted before leaving the origi- cate it is a vessel activity report, FFV nal area and delivered within 24 hours name, international radio call sign of its transmittal. If a foreign vessel IRCS, date (month and day based on operates within 20 nautical miles (37.04 GMT), time (hour and minute GMT), km) of a fishing area boundary, its op- position (latitude and longitude to the erator may submit in one message the nearest degree and minute) where re- shift reports for all fishing area shifts quired, area (by fishing area code) occurring during 1 fishing day (0001– where required, the appropriate action 2400 GMT). This message must be
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transmitted prior to the last shift ex- Code under which the receipt was pected to be made in the day and deliv- made, species (by species code) and ered within 24 hours of its transmittal. quantity of fish and fisheries products (5) ‘‘JV OPS’’. Each operator must (by product code and by product specify the date, time, position, and weight, to the nearest hundredth of a area at which the FFV will ‘‘START’’ metric ton) received (action code ‘‘RE- joint venture operations (action code CEIVED FROM’’). The message must ‘‘START JV OPS’’) or ‘‘END’’ joint be transmitted within 12 hours after venture operations (action code ‘‘END the transfer is completed and delivered JV OPS’’). These reports must be made within 24 hours of its transmittal and in addition to other activity reports before the vessel ceases fishing in the made under this section. Each message EEZ. must be transmitted before the event (9) ‘‘CEASE’’. Each operator must and delivered within 24 hours of its specify the date, time, position, and transmittal. area the FFV will ‘‘CEASE’’ fishing in (6) ‘‘TRANSFER’’. The operator of order to leave the EEZ (action code each FFV that anticipates a trans- ‘‘CEASE’’). The message must be deliv- shipping operation in which the FFV ered at least 24 hours before the FFV’s will receive fish or fisheries products departure. must specify the date, time, position (10) ‘‘CHANGE’’. Each operator must and area the FFV will conduct the report any ‘‘CHANGE’’ TO the FFV’s ‘‘TRANSFER’’ and the name and IRCS operations if the position or time of an of the other FFV or U.S. vessel in- event specified in an activity report volved (action code ‘‘TRANSFER’’). will vary more than 5 nautical miles The report must include the permit ac- (9.26 km) or 4 hours from that pre- tivity code under which the transfer viously reported, by sending a revised will be made. The message must be message inserting the word ‘‘CHANGE’’ transmitted prior to the transfer and in front of the previous report, repeat- delivered within 24 hours of its trans- ing the name, IRCS, date, and time of mittal. The movement of raw fish from the previous report, adding the word a permitted foreign catching vessel or, ‘‘TO’’ and the complete revised text of under an Activity Code 4, from a U.S. the new report (action code ‘‘CHANGE fishing vessel to the reporting proc- TO’’). Changes to reports specifying an essing vessel and the return of nets or early beginning of fishing by an FFV or codends is not considered a transfer. other changes to reports contained in (7) ‘‘OFFLOADED’’. Each operator paragraphs (c)(1) through (c)(9) of this must specify the date, time, position, section must be transmitted and deliv- and area the FFV ‘‘OFFLOADED’’ fish ered as if the ‘‘CHANGE’’ report were or fisheries products TO another FFV the original message. or a U.S. vessel in a transfer, the other (11) ‘‘CANCEL’’. Each operator want- FFV’s or U.S. vessel’s name, IRCS, ing to ‘‘CANCEL’’ a previous report Permit Activity Code under which the may do so by sending a revised mes- transfer was made, species (by species sage, and inserting the word ‘‘CAN- code) and quantity of fish and fisheries CEL’’ in front of the previous report’s products (by product code and by prod- vessel name, IRCS, date, time and ac- uct weight, to the nearest hundredth of tion code canceled (action code ‘‘CAN- a metric ton) offloaded (action code CEL’’). The message must be trans- ‘‘OFFLOADED TO’’). The message mitted and delivered prior to the date must be transmitted within 12 hours and time of the event in the original after the transfer is completed and de- message. livered within 24 hours of its trans- (d) The operator of an FFV will be in mittal and before the FFV ceases fish- violation of paragraphs (c)(1) through ing in the EEZ. (c)(9) of this section if the FFV does (8) ‘‘RECEIVED’’. Each operator must not pass within 5 nautical miles (9.26 specify the date, time, position and km) of the position given in the report area the vessel ‘‘RECEIVED’’ fish or within 4 hours of the time given in the fisheries products FROM another FFV report. in a transfer, the other FFV’s or U.S. (e) The notices required by this sec- vessel’s name, IRCS, Permit Activity tion may be provided for individual or
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groups of FFV’s (on a vessel-by-vessel (3) Weekly receipts report (RECREP). basis) by authorized persons. An FFV The operator of each FFV must submit operator may retransmit reports on a weekly report stating any receipts of the behalf of another FFV, if author- U.S.-harvested fish in a joint venture ized by that FFV’s operator. This does (Activity Code 4) for the weekly period not relieve the individual vessel oper- Sunday through Saturday, GMT, as ator of the responsibility of filing re- modified by the fishery in which the quired reports. In these cases, the mes- FFV is engaged, for each fishing area, sage format should be modified so that by authorized or prohibited species or each line of text under ‘‘VESREP’’ is a species group; days fish received; round separate vessel report. weight retained or returned to the U.S. (f) Weekly reports. (1) The operator of fishing vessel; number of codends re- each FFV in the EEZ must submit ap- ceived; and number of vessels transfer- propriate weekly reports through the ring codends. The report must also in- Nation’s designated representative. clude the names of U.S. fishing vessels The report must arrive at the address transferring codends during the week. and time specified in paragraph (g) of No report is required for FFV’s that do this section. The reports may be sent not receive any U.S.-harvested fish by facsimile or Telex, but a completed during the reporting period. copy of the report form must be mailed (4) Marine mammal report (MAMREP). or hand delivered to confirm the Telex. The operator of each FFV must submit Appropriate forms, instructions, codes, a weekly report stating any incidental and examples are contained in the con- catch or receipt of marine mammals ditions and restrictions of the FFV’s (Activity Codes 1 or 2 and/or 4), the permit. Designated representatives geographical position caught, the con- may include more than one vessel re- dition of the animal, number caught (if port in a facsimile or Telex message, if more than one of the same species and the information is submitted on a ves- condition), and nationality of the sel-by-vessel basis. Requests for correc- catching vessel for the period Sunday tions to previous reports must be sub- through Saturday, GMT, as modified mitted through the Nation’s designated by the fishery in which the vessel is en- representative and mailed or hand-de- gaged. Foreign catching vessels deliv- livered, together with a written expla- ering unsorted, unprocessed fish to nation of the reasons for the errors. processing vessel are not required to The appropriate Regional Adminis- submit MAMREP’s, provided that the trator or Science and Research Direc- processing or factory vessel (Activity tor may accept or reject any correction Code 2) submits consolidated and initiate any appropriate civil pen- MAMREP’s for all fish received during alty actions. each weekly period. FFV’s receiving (2) Weekly catch report (CATREP). The U.S.-harvested fish in a joint venture operator of each FFV must submit a (Activity Code 4) must submit consoli- weekly catch report stating any catch dated reports for U.S. vessels operating (Activity Code 1) in round weight of in the joint venture. No report is re- each species or species group allocated quired for FFV’s that do not catch or to that Nation by area and days fished receive marine mammals during the re- in each area for the weekly period Sun- porting period. day through Saturday, GMT, as modi- (g) Submission instructions for weekly fied by the fishery in which the FFV is reports. The designated representative engaged. Foreign vessels delivering for each FFV must submit weekly re- unsorted, unprocessed fish to a proc- ports in the prescribed format to the essing vessel are not required to sub- appropriate Regional Administrator or mit CATREP’s, if that processing ves- Science and Research Director of sel (Activity Code 2) submits consoli- NMFS by 1900 GMT on the Wednesday dated CATREP’s for all fish received following the end of the reporting pe- during each weekly period. No report is riod. However, by agreement with the required for FFV’s that do not catch or appropriate Regional Administrator or receive foreign-caught fish during the Science and Research Director, the des- reporting period. ignated representative may submit
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weekly reports to some other facility Code 10) to the appropriate Regional of NMFS. Administrator and the USCG com- (h) Alternative reporting procedures. As mander (see tables 1 and 2 to § 600.502 of an alternative to the use of the specific this chapter). With the agreement of procedures provided, an applicant may the USCG commander, the Regional submit proposed reporting procedures Administrator may authorize the use for a general type of fishery operation of alternative reporting procedures. (i.e., transshipments under Activity
TABLE 1 TO § 600.502ÐADDRESSES
NMFS regional administrators NMFS science and research directors U.S. Coast Guard commanders
Administrator, Northeast Region, National Director, Notheast Fisheries Science Commander, Atlantic Area, U.S. Coast Marine Fisheries Service, NOAA, One Center, National Marine Fisheries Guard, 431 Crawford St., Portsmouth, Blackburn Drive, Gloucester, MA Service, NOAA, 166 Water St., Woods VA 23704. 01930±2298. Hole, MA 02543±1097. Administrator, Southeast Region, National Director, Southeast Fisheries Science Commander, Atlantic Area, U.S. Coast Marine Fisheries Service, 9721 Exec. Center, National Marine Fisheries Guard, Governor's Island, New York Center Drive N., St. Petersburg, FL Service, NOAA, 75 Virginia Beach 10004. 33702. Drive, Miami, FL 33149±1003. Administrator, Northwest Region, National Director, Northwest Fisheries Science Commander, Pacific Area, U.S. Coast Marine Fisheries Service, NOAA, 7600 Center, National Marine Fisheries Guard, Government Island, Alameda, Sand Point Way, NE, BIN C15700, Service, NOAA, 2725 Montlake Blvd. CA 94501. Bldg. 1, Seattle, WA 98115. East, Seattle, WA 98112±2097. Administrator, Alaska Region, National Director, Alaska Fisheries Science Cen- Commander, Seventeenth Coast Guard Marine Fisheries Service, NOAA, P.O. ter, National Marine Fisheries Service, District, P.O. Box 25517, Juneau, AK Box 21668, Juneau, AK 99802±1668. NOAA, 7600 Sand Point Way, NE, 99802. BIN C15700, Bldg. 4, Seattle, WA 98115±0070. Administrator, Southwest Region, National Director, Southwest Fisheries Science Commander, Fourteenth Coast Guard Marine Fisheries Service, NOAA, 501 Center, National Marine Fisheries District, 300 Ala Moana Blvd., Hono- West Ocean Blvd., Suite 4200, Long Service, NOAA, P.O. Box 271, La lulu, HI 96850. Beach, CA 90802±4213. Jolla, CA 92038±0271.
TABLE 2 TO § 600.502ÐAREAS OF RESPONSIBILITY OF NMFS AND U.S. COAST GUARD OFFICES
Area of responsibility/fishery National Marine Fisheries Service U.S. Coast Guard
Atlantic Ocean North of Cape Hatteras .... Director, Northeast Science Center, Attn: Commander, Atlantic Area. Observer Program. Atlantic Ocean South of Cape Hatteras .... Director, Northeast Science Center, Attn: Commander, Atlantic Area. Observer Program. Atlantic Tunas, Swordfish, Billfish and Director, Office of Sustainable Fisheries Commander, Atlantic Area. Sharks. Gulf of Mexico and Caribbean Sea ...... Administrator, Southeast Region ...... Commander, Atlantic Area. Pacific Ocean off the States of California, Administrator, Northwest Region ...... Commander, Pacific Area. Oregon, and Washington. North Pacific Ocean and Bering Sea off Administrator, Alaska Region ...... Commander, Seventeenth Coast Guard Alaska. District. Pacific Ocean off Hawaii and Other U.S. Administrator, Southwest Region...... Commander, Fourteenth Coast Guard Insular Possessions in the Central and District. Western Pacific.
TABLE 3 TO § 600.502ÐU.S. COAST GUARD COMMUNICATIONS STATIONS AND FREQUENCIES
Radiotelephone U.S. Coast Guard communications station IRCS Channel 1 GMT time
Boston ...... NMF A±E 2330±1100. B,C All. D 1100±2330. E (On request). CAMSLANT Chesapeake (Portsmouth, VA) ...... NMN A 2330±1100. B,C All. D 1100±2330. E (On request). New Orleans ...... NMG A 2330±1100. B,C All. D 1100±2330. E (On request).
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TABLE 3 TO § 600.502ÐU.S. COAST GUARD COMMUNICATIONS STATIONS AND FREQUENCIESÐ Continued
Radiotelephone U.S. Coast Guard communications station IRCS Channel 1 GMT time
CAMSPAC Point Reyes (San Francisco, CA) ...... NMC A±D All. E (On request). Honolulu ...... NMO A±D All. E (On request). Kodiak ...... NOJ A±D All. E (On request). 1 Carrier frequencies of duplex, high-frequency single-sideband channels are:
Letter Shore transmit Ship transmit
A ...... 4426.0 4134.0 B ...... 6501.0 6200.0 C ...... 8764.0 8240.0 D ...... 13089.0 12242.0 E ...... 17314.0 16432.0
[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 FR 39020, July 21, 1999]
§ 600.503 Vessel and gear identifica- which the FFV is engaged (as described tion. at 33 CFR part 81). (a) Vessel identification. (1) The oper- (c) Gear identification. (1) The oper- ator of each FFV assigned an IRCS ator of each FFV must ensure that all must display that call sign amidships deployed fishing gear that is not phys- on both the port and starboard sides of ically and continuously attached to an the deckhouse or hull, so that it is visi- FFV: ble from an enforcement vessel, and on (i) Is clearly marked at the surface an appropriate weather deck so it is with a buoy displaying the vessel iden- visible from the air. tification of the FFV (see paragraph (a) (2) The operator of each FFV not as- of this section) to which the gear be- signed an IRCS, such as a small trawler longs. associated with a mothership or one of (ii) Has attached a light visible for 2 a pair of trawlers, must display the nautical miles (3.70 km) at night in IRCS of the associated vessel, followed good visibility. by a numerical suffix. (For example, (iii) Has a radio buoy. JCZM–1, JCZM–2, etc., would be dis- Trawl codends passed from one vessel played on small trawlers not assigned to another are considered continuously an IRCS operating with a mothership attached gear and are not required to whose IRCS is JCZM; JANP–1 would be be marked. displayed by a pair trawler not as- (2) The operator of each FFV must signed an IRCS operating with a trawl- er whose IRCS is JANP.) ensure that deployed longlines, strings of traps or pots, and gillnets are (3) The vessel identification must be in a color in contrast to the back- marked at the surface at each terminal ground and must be permanently af- end with: (see paragraphs (c)(1)(i) fixed to the FFV in block Roman al- through (c)(1)(iii) of this section). phabet letters and Arabic numerals at (3) Additional requirements may be least 1 m in height for FFV’s over 20 m specified for the fishery in which the in length, and at least 0.5 m in height vessel is engaged. for all other FFV’s. (4) Unmarked or incorrectly identi- (b) Navigational lights and shapes. fied fishing gear may be considered Each FFV must display the lights and abandoned and may be disposed of in shapes prescribed by the International accordance with applicable Federal Regulations for Preventing Collisions regulations by any authorized officer. at Sea, 1972 (TIAS 8587, and 1981 amend- (d) Maintenance. The operator of each ment TIAS 10672), for the activity in FFV must—
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(1) Keep the vessel and gear identi- ments of paragraphs (b)(1) and (b)(2) of fication clearly legible and in good re- this section. pair. (5) The appropriate Regional Admin- (2) Ensure that nothing on the FFV istrator, with the agreement of the ap- obstructs the view of the markings propriate USCG commander, may, from an enforcement vessel or aircraft. upon request by a foreign nation, ac- (3) Ensure that the proper naviga- cept alternatives to the radio require- tional lights and shapes are displayed ments of this section to certain FFV’s for the FFV’s activity and are properly or types of FFV’s operating in a fish- functioning. ery, provided they are adequate for the communications needs of the fishery. § 600.504 Facilitation of enforcement. (c) Communications procedures. (1) Upon being approached by a USCG ves- (a) General. (1) The owner, operator, sel or aircraft, or other vessel or air- or any person aboard any FFV subject craft with an authorized officer aboard, to this subpart must immediately com- the operator of any FFV subject to this ply with instructions and signals subpart must be alert for communica- issued by an authorized officer to stop tions conveying enforcement instruc- the FFV; to move the FFV to a speci- tions. The enforcement unit may com- fied location; and to facilitate safe municate by channel 16 VHF–FM radio- boarding and inspection of the vessel, telephone, 2182 kHz (SSB) radio- its gear, equipment, records, and fish telephone, message block from an air- and fish products on board for purposes craft, flashing light or flag signals of enforcing the Magnuson-Stevens Act from the International Code of Signals, and this subpart. hand signal, placard, loudhailer, or (2) The operator of each FFV must other appropriate means. The following provide vessel position or other infor- signals, extracted from the Inter- mation when requested by an author- national Code of Signals, are among ized officer within the time specified in those that may be used. the request. (i) ‘‘AA, AA, AA, etc.’’, which is the (b) Communications equipment. (1) call for an unknown station. The sig- Each FFV must be equipped with a naled vessel should respond by identi- VHF–FM radiotelephone station lo- fying itself or by illuminating the ves- cated so that it may be operated from sel identification required by § 600.505. the wheelhouse. Each operator must (ii) ‘‘RY–CY’’, meaning ‘‘You should maintain a continuous listening watch proceed at slow speed, a boat is coming on channel 16 (156.8 mHz). to you’’. (2) Each FFV must be equipped with (iii) ‘‘SQ3’’, meaning ‘‘You should a radiotelephone station capable of stop or heave to; I am going to board communicating via 2182 kHz (SSB) you’’. radiotelephony and at least one set of (iv) ‘‘L’’, meaning ‘‘You should stop working frequencies identified in table your vessel instantly.’’ 3 to § 600.502 appropriate to the fishery (2) Failure of an FFV’s operator to in which the FFV is operating. Each stop the vessel when directed to do so operator must monitor and be ready to by an authorized officer using VHF–FM communicate via 2182 kHz (SSB) radio- radiotelephone (channel 16), 2182 kHz telephone each day from 0800 GMT to (SSB) radiotelephone (where required), 0830 GMT and 2000 to 2030 GMT, and in message block from an aircraft, flash- preparation for boarding. ing light signal, flaghoist, or loudhailer (3) FFV’s that are not equipped with constitutes a violation of this subpart. processing facilities and that deliver (3) The operator of or any person all catches to a foreign processing ves- aboard an FFV who does not under- sel are exempt from the requirements stand a signal from an enforcement of paragraph (b)(2) of this section. unit and who is unable to obtain clari- (4) FFV’s with no IRCS that do not fication by radiotelephone or other catch fish and are used as auxiliary means must consider the signal to be a vessels to handle codends, nets, equip- command to stop the FFV instantly. ment, or passengers for a processing (d) Boarding. The operator of an FFV vessel are exempt from the require- signaled for boarding must—
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(1) Monitor 2182 kHz (SSB) radio- (iv) The side ropes of the ladder must telephone and channel 16 (156.8 mHz) consist of two uncovered manila ropes VHF–FM radiotelephone. not less than 60 mm (2.25 inches) in cir- (2) Stop immediately and lay to or cumference on each side (or synthetic maneuver in such a way as to maintain ropes of equivalent size and equivalent the safety of the FFV and facilitate or greater strength). Each rope must be boarding by the authorized officer and continuous, with no joints below the the boarding party or an observer. top step. (3) Provide the authorized officer, (v) Battens made of hardwood, or boarding party, or observer a safe pilot other material of equivalent prop- ladder. The operator must ensure the erties, in one piece and not less than pilot ladder is securely attached to the 1.80 m (5 ft 10 inches) long must be pro- FFV and meets the construction re- vided at such intervals as will prevent quirements of Regulation 17, Chapter V the pilot ladder from twisting. The of the International Convention for the lowest batten must be on the fifth step Safety of Life at Sea (SOLAS), 1974 from the bottom of the ladder and the (TIAS 9700 and 1978 Protocol, TIAS interval between any batten and the 10009), or a substantially equivalent na- next must not exceed nine steps. tional standard approved by letter (vi) Where passage onto or off the from the Assistant Administrator, with ship is by means of a bulwark ladder, agreement with the USCG. Safe pilot two handhold stanchions must be fitted ladder standards are summarized at the point of boarding or leaving the below: FFV not less than 0.70 m (2 ft 3 inches) nor more than 0.80 m (2 ft 7 inches) (i) The ladder must be of a single apart, not less than 40 mm (2.5 inches) length of not more than 9 m (30 ft), ca- in diameter, and must extend not less pable of reaching the water from the than 1.20 m (3 ft 11 inches) above the point of access to the FFV, accounting top of the bulwark. for all conditions of loading and trim of (4) When necessary to facilitate the the FFV and for an adverse list of 15°. boarding or when requested by an au- Whenever the distance from sea level thorized officer or observer, provide a to the point of access to the ship is manrope, safety line, and illumination more than 9 m (30 ft), access must be for the ladder; and by means of an accommodation ladder (5) Take such other actions as nec- or other safe and convenient means. essary to ensure the safety of the au- (ii) The steps of the pilot ladder must thorized officer and the boarding party be— and to facilitate the boarding and in- (A) Of hardwood, or other material of spection. equivalent properties, made in one (e) Access and records. (1) The owner piece free of knots, having an efficient and operator of each FFV must provide non-slip surface; the four lowest steps authorized officers access to all spaces may be made of rubber of sufficient where work is conducted or business strength and stiffness or of other suit- papers and records are prepared or able material of equivalent character- stored, including but not limited to, istics. personal quarters and areas within per- (B) Not less than 480 mm (19 inches) sonal quarters. long, 115 mm (4.5 inches) wide, and 25 (2) The owner and operator of each mm (1 inch) in depth, excluding any FFV must provide to authorized offi- non-slip device. cers all records and documents per- (C) Equally spaced not less than 300 taining to the fishing activities of the millimeters (12 inches) nor more than vessel, including but not limited to, 380 mm (15 inches) apart and secured in production records, fishing logs, navi- such a manner that they will remain gation logs, transfer records, product horizontal. receipts, cargo stowage plans or (iii) No pilot ladder may have more records, draft or displacement calcula- than two replacement steps that are tions, customs documents or records, secured in position by a method dif- and an accurate hold plan reflecting ferent from that used in the original the current structure of the vessel’s construction of the ladder. storage and factory spaces.
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(f) Product storage. The operator of any means any boarding, investigation each permitted FFV storing fish or fish or search, wherever conducted, in the products in a storage space must en- process of enforcing the Magnuson-Ste- sure that all non-fish product items are vens Act, the applicable GIFA, this neither stowed beneath nor covered by subpart, or any permit issued under fish products, unless required to main- this subpart; tain the stability and safety of the ves- (7) Engage in any fishing activity for sel. These items include, but are not which the FFV does not have a permit limited to, portable conveyors, exhaust as required under § 600.501; fans, ladders, nets, fuel bladders, extra (8) Engage in any fishing activity bin boards, or other movable non-prod- within the EEZ without a U.S. observer uct items. These items may be in the aboard the FFV, unless the require- space when necessary for safety of the ment has been waived by the Assistant vessel or crew or for storage of the Administrator or appropriate Regional product. Lumber, bin boards, or other Administrator; dunnage may be used for shoring or (9) Retain or attempt to retain, di- bracing of product to ensure safety of rectly or indirectly, any U.S. harvested crew and to prevent shifting of cargo fish, unless the FFV has a permit for within the space. Activity Codes 4, 6, or 10; [61 FR 32540, June 24, 1996, as amended at 63 (10) Use any fishing vessel to engage FR 7075, Feb. 12, 1998] in fishing after the revocation, or dur- ing the period of suspension, of an ap- § 600.505 Prohibitions. plicable permit issued under this sub- (a) It is unlawful for any person to do part; any of the following: (11) Violate any provision of the ap- (1) Ship, transport, offer for sale, sell, plicable GIFA; purchase, import, export, or have cus- (12) Falsely or incorrectly complete tody, control, or possession of any fish (including by omission) a permit appli- taken or retained in violation of the cation or permit form as specified in Magnuson-Stevens Act, the applicable § 600.501 (d) and (k); GIFA, this subpart, or any permit (13) Fail to report to the Assistant issued under this subpart; (2) Refuse to allow an authorized offi- Administrator within 15 days any cer to board an FFV for purposes of change in the information contained in conducting any search or inspection in the permit application for a FFV, as connection with the enforcement of the specified in § 600.501(k); Magnuson-Stevens Act, the applicable (14) Assault, resist, oppose, impede, GIFA, this subpart, or any other per- intimidate, or interfere with an ob- mit issued under this subpart; server placed aboard an FFV under this (3) Assault, resist, oppose, impede, in- subpart; timidate, or interfere with any author- (15) Interfere with or bias the sam- ized officer in the conduct of any in- pling procedure employed by an ob- spection or search described in para- server, including sorting or discarding graph (a)(2) of this section; any catch prior to sampling, unless the (4) Resist a lawful arrest for any act observer has stated that sampling will prohibited by the Magnuson-Stevens not occur; or tamper with, destroy, or Act, the applicable GIFA, this subpart, discard an observer’s collected sam- or any permit issued under this sub- ples, equipment, records, photographic part; film, papers, or effects without the ex- (5) Interfere with, delay, or prevent press consent of the observer; by any means the apprehension or ar- (16) Prohibit or bar by command, im- rest of another person with the knowl- pediment, threat, coercion, or refusal edge that such other person has com- of reasonable assistance, an observer mitted any act prohibited by the Mag- from collecting samples, conducting nuson-Stevens Act, the applicable product recovery rate determinations, GIFA, this subpart, or any permit making observations, or otherwise per- issued under this subpart; forming the observer’s duties; (6) Interfere with, obstruct, delay, op- (17) Harass or sexually harass an au- pose, impede, intimidate, or prevent by thorized officer or observer;
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(18) Fail to provide the required as- concurrence to allow fishing consisting sistance to an observer as described at solely of transporting fish or fish prod- § 600.506 (c) and (e); ucts from a point within the bound- (19) Fail to identify, falsely identify, aries of that state to a point outside fail to properly maintain, or obscure the United States; or the identification of the FFV or its (2) Within the EEZ, or for any anad- gear as required by this subpart; romous species or continental shelf (20) Falsify or fail to make, keep, fishery resources beyond the EEZ, un- maintain, or submit any record or re- less the fishing is authorized by, and port required by this subpart; conducted in accordance with, a valid (21) Fail to return to the sea or fail permit issued under § 600.501. to otherwise treat prohibited species as required by this subpart; [61 FR 32540, June 24, 1996, as amended at 63 (22) Fail to report or falsely report FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] any gear conflict; (23) Fail to report or falsely report § 600.506 Observers. any loss, jettisoning, or abandonment of fishing gear or other article into the (a) General. To carry out such sci- EEZ that might interfere with fishing, entific, compliance monitoring, and obstruct fishing gear or vessels, or other functions as may be necessary or cause damage to any fishery resource appropriate to carry out the purposes or marine mammals; of the Magnuson-Stevens Act, the ap- (24) Continue Activity Codes 1 propriate Regional Administrator or through 4 after those activity codes Science and Research Director (see have been canceled under § 600.511; table 2 to § 600.502) may assign U.S. ob- (25) Fail to maintain health and safe- servers to FFV’s. Except as provided ty standards set forth in § 600.506(d); for in section 201(h)(2) of the Magnu- (26) Violate any provisions of regula- son-Stevens Act, no FFV may conduct tions for specific fisheries of this sub- fishing operations within the EEZ un- part; less a U.S. observer is aboard. (27) On a scientific research vessel, (b) Effort plan. To ensure the avail- engage in fishing other than rec- ability of an observer as required by reational fishing authorized by applica- this section, the owners and operators ble state, territorial, or Federal regula- of FFV’s wanting to fish within the tions; EEZ will submit to the appropriate Re- (28) Violate any provision of this sub- gional Administrator or Science and part, the Magnuson-Stevens Act, the Research Director and also to the applicable GIFA, any notice issued Chief, Financial Services Division, under this subpart or any permit issued NMFS, 1315 East West Highway, Silver under this subpart; or Spring, MD 20910 a schedule of fishing (29) Attempt to do any of the fore- effort 30 days prior to the beginning of going. each quarter. A quarter is a time pe- (b) It is unlawful for any FFV, and riod of 3 consecutive months beginning for the owner or operator of any FFV January 1, April 1, July 1, and October except an FFV engaged only in rec- 1 of each year. The schedule will con- reational fishing, to fish— tain the name and IRCS of each FFV (1) Within the boundaries of any intending to fish within the EEZ dur- state, unless: ing the upcoming quarter, and each (i) The fishing is authorized by the FFV’s expected date of arrival and ex- Governor of that state as permitted by pected date of departure. section 306(c) of the Magnuson-Stevens (1) The appropriate Regional Admin- Act to engage in a joint venture for istrator or Science and Research Direc- processing and support with U.S. fish- tor must be notified immediately of ing vessels in the internal waters of any substitution of vessels or any can- that state; or cellation of plans to fish in the EEZ for (ii) The fishing is authorized by, and FFV’s listed in the effort plan required conducted in accordance with, a valid by this section. permit issued under § 600.501, and the (2) If an arrival date of an FFV will Governor of that state has indicated vary more than 5 days from the date
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listed in the quarterly schedule, the ap- less the observer specifically requests propriate Regional Administrator or not to be notified. Science and Research Director must be (9) Provide all other reasonable as- notified at least 10 days in advance of sistance to enable the observer to carry the rescheduled date of arrival. If the out his or her duties. notice required by this paragraph (b)(2) (d) Health and safety standards. All is not given, the FFV may not engage foreign fishing vessels to which an ob- in fishing until an observer is available server is deployed must maintain, at and has been placed aboard the vessel all times that the vessel is in the EEZ, or the requirement has been waived by the following: the appropriate Regional Adminis- (1) At least one working radar. trator or Science and Research Direc- (2) Functioning navigation lights as tor. required by international law. (c) Assistance to observers. To assist (3) A watch on the bridge by appro- the observer in the accomplishment of priately trained and experienced per- his or her assigned duties, the owner sonnel while the vessel is underway. and operator of an FFV to which an ob- server is assigned must— (4) Lifeboats and/or inflatable life rafts with a total carrying capacity (1) Provide, at no cost to the observer equal to or greater than the number of or the United States, accommodations people aboard the vessel. Lifeboats and for the observer aboard the FFV that are equivalent to those provided to the inflatable life rafts must be maintained officers of that vessel. in good working order and be readily available. (2) Cause the FFV to proceed to such places and at such times as may be des- (5) Life jackets equal or greater in ignated by the appropriate Regional number to the total number of persons Administrator or Science and Research aboard the vessel. Life jackets must be Director for the purpose of embarking stowed in readily accessible and plain- and debarking the observer. ly marked positions throughout the (3) Allow the observer to use the vessel, and maintained in a state of FFV’s communications equipment and good repair. personnel upon demand for the trans- (6) At least one ring life buoy for mission and receipt of messages. each 25 ft (7.6 m) of vessel length, (4) Allow the observer access to and equipped with automatic water lights. use of the FFV’s navigation equipment Ring life buoys must have an outside and personnel upon demand to deter- diameter of not more than 32 inches mine the vessel’s position. (81.3 cm) nor less than 30 inches (76.2 (5) Allow the observer free and unob- cm), and must be maintained in a state structed access to the FFV’s bridge, of good repair. Ring life buoys must be trawl, or working decks, holding bins, readily available, but not positioned so processing areas, freezer spaces, weight they pose a threat of entanglement in scales, cargo holds and any other space work areas. They must be secured in that may be used to hold, process, such a way that they can be easily cast weigh, or store fish or fish products at loose in the event of an emergency. any time. (7) At least one VHF–FM radio with a (6) Allow the observer to inspect and functioning channel 16 (156.8 mHz), copy the FFV’s daily log, communica- International Distress, Safety and Call- tions log, transfer log, and any other ing Frequency, and one functioning AM log, document, notice, or record re- radio (SSB-Single Side Band) capable quired by these regulations. of operating at 2182 kHz (SSB). Radios (7) Provide the observer copies of any will be maintained in a radio room, records required by these regulations chartroom, or other suitable location. upon demand. (8) At least one Emergency Position (8) Notify the observer at least 15 Indicating Radio Beacon (EPIRB), ap- minutes before fish are brought on proved by the USCG for offshore com- board or fish or fish products are trans- mercial use, stowed in a location so as ferred from the FFV to allow sampling to make it readily available in the the catch or observing the transfer, un- event of an emergency.
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(9) At least six hand-held, rocket-pro- propriate Regional Administrator or pelled, parachute, red-flare distress sig- Science and Research Director. nals, and three orange-smoke distress (3) All data collected by supple- signals stowed in the pilothouse or mentary observers will be under the ex- navigation bridge in portable water- clusive control of the Assistant Admin- tight containers. istrator. (10) All lights, shapes, whistles, (h) Supplementary observer payment— foghorns, fog bells and gongs required (1) Method of payment. The owners and by and maintained in accordance with operators of foreign fishing vessels the International Regulations for Pre- must pay directly to the contractor the venting Collisions at Sea. costs of supplementary observer cov- (11) Clean and sanitary conditions in erage. Payment must be made to the all living spaces, food service and prep- contractor supplying supplementary aration areas and work spaces aboard observer coverage either by letter of the vessel. credit or certified check drawn on a (e) Observer transfers. (1) The operator federally chartered bank in U.S. dol- of the FFV must ensure that transfers lars, or other financial institution ac- of observers at sea via small boat or ceptable to the contractor. The letter raft are carried out during daylight of credit used to pay supplementary ob- hours as weather and sea conditions server fees to contractors must be sep- allow, and with the agreement of the arate and distinct from the letter of observer involved. The FFV operator credit required by § 600.518(b)(2). Billing must provide the observer 3 hours ad- schedules will be specified by the terms vance notice of at-sea transfers, so that of the contract between NOAA and the the observer may collect personal be- contractors. Billings for supplementary longings, equipment, and scientific observer coverage will be approved by samples. the appropriate Regional Adminis- (2) The FFV’s involved must provide trator or Science and Research Direc- a safe pilot ladder and conduct the tor and then transmitted to the owners transfer according to the procedures of and operators of foreign fishing vessels § 600.504(d) to ensure the safety of the by the appropriate designated rep- during the transfer. resentative. Each country will have (3) An experienced crew member only one designated representative to must assist the observer in the small receive observer bills for all vessels of boat or raft in which the transfer is that country, except as provided for by made. the Assistant Administrator. All bills (f) Supplementary observers. In the must be paid within 10 working days of event funds are not available from Con- the billing date. Failure to pay an ob- gressional appropriations of fees col- server bill will constitute grounds to lected to assign an observer to a for- revoke fishing permits. All fees col- eign fishing vessel, the appropriate Re- lected under this section will be con- gional Administrator or Science and sidered interim in nature and subject Research Director will assign a supple- to reconciliation at the end of the fis- mentary observer to that vessel. The cal year in accordance with paragraph costs of supplementary observers will (h)(4) of this section and § 600.518(d). be paid for by the owners and operators (2) Contractor costs. The costs charged of foreign fishing vessels as provided for supplementary observer coverage to for in paragraph (h) of this section. the owners and operators of foreign (g) Supplementary observer authority fishing vessels may not exceed the and duties. (1) A supplementary ob- costs charged to NMFS for the same or server aboard a foreign fishing vessel similar services, except that contrac- has the same authority and must be tors may charge to the owners and op- treated in all respects as an observer erators of foreign fishing vessels an ad- who is employed by NMFS, either di- ditional fee to cover the administrative rectly or under contract. costs of the program not ordinarily (2) The duties of supplementary ob- part of contract costs charged to servers and their deployment and work NMFS. The costs charged foreign fish- schedules will be specified by the ap- ermen for supplementary observers
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may include, but are not limited to the (vi) Any costs incurred by NMFS to following: train, deploy or debrief a supple- (i) Salary and benefits, including mentary observer. overtime, for supplementary observers. (vii) The cost for U.S. Customs in- (ii) The costs of post-certification spection for supplementary observers training required by paragraph (j)(2) of disembarking after deployment. this section. (4) Reconciliation. Fees collected by (iii) The costs of travel, transpor- the contractor in excess of the actual tation, and per diem associated with costs of supplementary observer cov- deploying supplementary observers to erage will be refunded to the owners foreign fishing vessels including the and operators of foreign fishing vessels, cost of travel, transportation, and per or kept on deposit to defray the costs diem from the supplementary observ- of future supplementary observer cov- er’s post of duty to the point of embar- erage. Refunds will be made within 60 kation to the foreign fishing vessel, days after final costs are determined and then from the point of disembarka- and approved by NMFS. tion to the post of duty from where the (i) Supplementary observer contrac- trip began. For the purposes of these tors—(1) Contractor eligibility. Supple- regulations, the appropriate Regional mentary observers will be obtained by Administrator or Science and Research NMFS from persons or firms having es- Director will designate posts of duty tablished contracts to provide NMFS for supplementary observers. with observers. In the event no such (iv) The costs of travel, transpor- contract is in place, NMFS will use es- tation, and per diem associated with tablished, competitive contracting pro- the debriefing following deployment of cedures to select persons or firms to a supplementary observer by NMFS of- provide supplementary observers. The ficials. services supplied by the supplementary (v) The administrative and overhead observer contractors will be as de- costs incurred by the contractor and, if scribed within the contract and as appropriate, a reasonable profit. specified below. (3) NMFS costs. The owners and opera- tors of foreign fishing vessels must also (2) Supplementary observer contrac- pay to NMFS as part of the surcharge tors must submit for the approval of required by section 201(i)(4) of the Mag- the Assistant Administrator the fol- nuson-Stevens Act, the following costs: lowing: (i) The costs of certifying applicants (i) A copy of any contract, including for the position of supplementary ob- all attachments, amendments, and en- server. closures thereto, between the con- (ii) The costs of any equipment, in- tractor and the owners and operators cluding safety equipment, sampling of foreign fishing vessels for whom the equipment, operations manuals, or contractor will provide supplementary other texts necessary to perform the observer services. duties of a supplementary observer. (ii) All application information for The equipment will be specified by the persons whom the contractor desires to appropriate Regional Administrator or employ as certified supplementary ob- Science and Research Director accord- servers. ing to the requirements of the fishery (iii) Billing schedules and billings to to which the supplementary observer the owners and operators of foreign will be deployed. fishing vessels for further transmission (iii) The costs associated with com- to the designated representative of the munications with supplementary ob- appropriate foreign nation. servers for transmission of data and (iv) All data on costs. routine messages. (j) Supplementary observers—certifi- (iv) For the purposes of monitoring cation, training—(1) Certification. The the supplementary observer program, appropriate Regional Administrator or the costs for the management and Science and Research Director will cer- analysis of data. tify persons as qualified for the posi- (v) The costs for data editing and tion of supplementary observer once entry. the following conditions are met:
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(i) The candidate is a citizen or na- (i) Boarding inspection reports by au- tional of the United States. thorized officers of the USCG or NMFS, (ii) The candidate has education or or other credible information, that in- experience equivalent to the education dicate a supplementary observer has or experience required of persons used failed to abide by the established as observers by NMFS as either Fed- standards of conduct; or eral personnel or contract employees. (ii) An analysis by NMFS of the data The education and experience required collected by a supplementary observer for certification may vary according to indicating improper or incorrect data the requirements of managing the for- collection or recording. The failure to eign fishery in which the supple- properly collect or record data is suffi- mentary observer is to be deployed. cient to justify decertification of sup- Documentation of U.S. citizenship or plementary observers; no intent to de- nationality, and education or experi- fraud need be demonstrated. ence will be provided from personal (3) The Assistant Administrator will qualification statements on file with notify the supplementary observer, in NMFS contractors who provide supple- writing, of the Assistant Administra- mentary observer services, and will not tor’s intent to suspend or revoke cer- require the submission of additional in- tification, and the reasons therefor, formation to NMFS. and provide the supplementary ob- (2) Training. Prior to deployment to server a reasonable opportunity to re- foreign fishing vessels, certified supple- spond. If the Assistant Administrator mentary observers must also meet the determines that there are disputed following conditions: questions of material fact, then the As- (i) Each certified supplementary ob- sistant Administrator may in this re- server must satisfactorily complete a spect appoint an examiner to make an course of training approved by the ap- informal fact-finding inquiry and pre- propriate Regional Administrator or pare a report and recommendations. Science and Research Director as equivalent to that received by persons [61 FR 32540, June 24, 1996, as amended at 63 used as observers by NMFS as either FR 7074, 7075, Feb. 12, 1998; 64 FR 39020, July 21, 1999] Federal personnel or contract employ- ees. The course of training may vary § 600.507 Recordkeeping. according to the foreign fishery in which the supplementary observer is to (a) General. The owner and operator be deployed. of each FFV must maintain timely and (ii) Each certified supplementary ob- accurate records required by this sec- server must agree in writing to abide tion as modified by the regulations for by standards of conduct as set forth in the fishery in which the FFV is en- Department of Commerce Administra- gaged. tive Order 202–735 (as provided by the (1) The owner and operator of each contractor). FFV must maintain all required (k) Supplementary observer certification records in English, based on Greenwich suspension or revocation. (1) Certifi- mean time (GMT) unless otherwise cation of a supplementary observer specified in the regulation, and make may be suspended or revoked by the them immediately available for inspec- Assistant Administrator under the fol- tion upon the request of an authorized lowing conditions: officer or observer. (i) A supplementary observer fails to (2) The owner and operator of each perform the duties specified in para- FFV must retain all required records graph (g)(2) of this section. on board the FFV whenever it is in the (ii) A supplementary observer fails to EEZ, for 3 years after the end of the abide by the standards of conduct de- permit period. scribed by Department of Commerce (3) The owner and operator of each Administrative Order 202–735. FFV must retain the required records (2) The suspension or revocation of and make them available for inspec- the certification of a supplementary tion upon the request of an authorized observer by the Assistant Adminis- officer at any time during the 3 years trator may be based on the following: after the end of the permit period,
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whether or not such records are on whenever the FFV is in port or engaged board the vessel. in a joint venture in the internal wa- (4) The owner and operator of each ters of a state. Each page of log may FFV must provide to the Assistant Ad- contain entries pertaining to only one ministrator, in the form and at the day’s fishing operations or one gear times prescribed, any other informa- set, whichever is longer. tion requested that the Assistant Ad- (2) The owner or operator of each ministrator determines is necessary to FFV authorized to catch fish (Activity fulfill the fishery conservation, man- Code 1) and that delivers all catches to agement and enforcement purposes of a processing vessel, must maintain the Magnuson-Stevens Act. only ‘‘SECTION ONE-EFFORT’’, of the (b) Communications log. The owner daily fishing log, provided the proc- and operator of each FFV must record essing vessel maintains a daily consoli- in a separate communications log, at dated fishing log as described in para- the time of transmittal, the time and graphs (f) and (g) of this section. content of each notification made (e) Daily fishing log—contents. The under § 600.504. daily fishing log must contain the fol- (c) Transfer log. Except for the trans- lowing information, as modified by fer of unsorted, unprocessed fish via paragraph (d)(2) of this section and the codend from a catching vessel to a regulations for the fishery in which the processing vessel (Activity Code 2 or 4), FFV is engaged, and be completed ac- the owner and operator of each FFV cording to the format and instructions must record, in a separate transfer log, provided with the permit or other for- each transfer or receipt of any fish or mat authorized under paragraph (i) of fishery product, including quantities this section. transferred or offloaded outside the (1) ‘‘SECTION ONE-EFFORT’’ must EEZ. The operator must record in the contain on a daily basis— log within 12 hours of the completion (i) A consecutive page number, begin- of the transfer: ning with the first day the vessel start- (1) The time and date (GMT) and lo- ed fishing operations within the EEZ cation (in geographic coordinates) the and continuing throughout the log. transfer began and was completed. (ii) The date (based on GMT). (2) The product weight, by species (iii) The FFV’s name. and product (use species and product (iv) The FFV’s IRCS. codes), of all fish transferred, to the (v) The FFV’s U.S. permit number. nearest 0.01 mt. (vi) The FFV’s noon (1200 GMT) posi- (3) The name, IRCS, and permit num- tion in geographic coordinates. ber of both the FFV offloading the fish (vii) The master or operator’s signa- and the FFV receiving the fish. ture or title. (d) Daily fishing log. (1) The owner or (2) ‘‘SECTION ONE-EFFORT’’ must operator of each FFV authorized to contain, for each trawl or set, as appro- catch fish (Activity Code 1) must main- priate to the gear type employed— tain a daily fishing log of the effort, (i) The consecutive trawl or set num- catch and production of the FFV, as ber, beginning with the first set of the modified by paragraph (d)(2) of this calendar year. section and the regulations for the fishery in which the FFV is engaged. (ii) The fishing area in which the The operator must maintain on a daily trawl or set was completed. and cumulative basis for the permit pe- (iii) The gear type. riod a separate log for each fishery (see (iv) The time the gear was set. table 2 to § 600.502) in which the FFV is (v) The position of the set. engaged according to this section and (vi) The course of the set. in the format specified in the instruc- (vii) The sea depth. tions provided with the permit or other (viii) The depth of the set. format authorized under paragraph (i) (ix) The duration of the set. of this section. Daily effort entries are (x) The hauling time. required for each day the vessel con- (xi) The position of the haul. ducts fishing operations within the (xii) The number of pots or longline EEZ. Daily entries are not required units (where applicable).
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(xiii) The average number of hooks (iv) The cumulative total of each per longline unit (where applicable). product to at least the nearest 0.01 mt. (xiv) The trawl speed (where applica- (v) The cumulative amount of prod- ble). uct transferred. (xv) The mesh size of the trawl’s (vi) The balance of product remain- codend (where applicable). ing aboard the FFV. (xvi) The estimated total weight of (vii) The total daily amount, cumu- the catch for the trawl of set, to at lative amount, transferred product and least the nearest metric ton round balance of frozen product aboard the weight. FFV to the nearest 0.01 mt. (3) ‘‘SECTION TWO-CATCH’’ must (viii) Transferred amount and bal- contain, for each trawl or set— ance of fishmeal and fish oil aboard to (i) The consecutive set or trawl num- at least the nearest 0.01 mt. ber from ‘‘SECTION ONE’’. (f) Daily consolidated fishing or joint (ii) The catch of each allocated spe- venture log. The operator of each FFV cies or species group to at least the that receives unsorted, unprocessed nearest 0.1 mt round weight. fish from foreign catching vessels (Ac- (iii) The prohibited species catch to tivity Code 2) for processing or receives at least the nearest 0.1 mt round U.S.-harvested fish from U.S. fishing weight or by number, as required by vessels in a joint venture (Activity the regulations for the fishery in which Code 4) must maintain a daily joint the FFV is engaged. venture log of the effort, catch and pro- (iv) The species code of each marine duction of its associated U.S. or foreign mammal caught and its condition when fishing vessels and the processing ves- released. sel as modified by the regulations for (4) ‘‘SECTION TWO-CATCH’’ must the fishery in which the FFV is en- contain, on a daily basis— gaged. This log is separate and in addi- (i) The species codes for all allocated tion to the log required by paragraph or prohibited species or species groups (d) of this section. The operator must caught. maintain a separate log for each fish- (ii) For each allocated species—the ery in which the FFV is engaged, on a amount, to at least the nearest 0.1 mt, daily and cumulative basis, according and the daily disposition, either proc- to this section and in the format speci- essed for human consumption, used for fied in the instructions provided with fishmeal, or discarded; the daily catch the permit or other format authorized by fishing area; the daily catch for all under paragraph (i) of this section. Re- fishing areas; and the cumulative total ceipts of fish caught outside the EEZ catch. must be included. Each page of the log (iii) For the total catch of allocated may contain entries pertaining to only species—the amount to at least the one day’s fishing operations. nearest 0.1 mt and the daily disposi- (g) Daily joint venture log—contents. tion, daily total catch by fishing area, Daily joint venture logs must contain daily total catch for all fishing areas, the following information, as modified and cumulative total catch. by the fishery in which the vessel is en- (iv) The catch by fishing area, daily gaged, and be completed according to total, and cumulative total of each pro- the format and instructions provided hibited species. with the permit or other format au- (5) ‘‘SECTION THREE—PRODUC- thorized under paragraph (i) of this sec- TION’’ must contain, on a daily basis, tion. for each allocated species caught and (1) ‘‘SECTION ONE-EFFORT’’ must product produced— contain, on a daily basis, that informa- (i) The product by species code and tion required in paragraph (e)(1) of this product type. section. (ii) The daily product recovery rate (2) ‘‘SECTION ONE-EFFORT’’ must of each species and product. contain for each receipt of a codend— (iii) The daily total product produced (i) The consecutive codend number, by species to at least the nearest 0.01 beginning with the first codend re- mt. ceived for the calendar year.
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(ii) The name of the U.S. fishing ves- this section must be maintained sepa- sel or the name and IRCS of the foreign rately for each fishery (see table 2 to fishing vessel the codend was received § 600.502). from. (1) The effort section (all of ‘‘SEC- (iii) The fishing area where the TION ONE’’) of the daily logs must be codend was received. updated within 2 hours of the hauling (iv) The time the codend was re- or receipt time. The catch or receipt by ceived. trawl or set (‘‘SECTION TWO’’) must (v) The position the codend was re- be entered within 12 hours of the haul- ceived. ing or receipt time. The daily and cu- (vi) The estimated weight of the mulative total catch or receipts (‘‘SEC- codend to at least the nearest metric TION TWO’’) and the production por- ton round weight. tion (‘‘SECTION THREE’’) of the log (3) ‘‘SECTION TWO-CATCH’’ must must be updated within 12 hours of the contain, for each codend received— end of the day on which the catch was (i) The consecutive codend number taken. The date of catch is the day and from ‘‘SECTION ONE’’. time (GMT) the gear is hauled. (ii) The receipts of each authorized (2) Entries for total daily and cumu- species or species group and its disposi- lative catch or receipt weights (disposi- tion, either processed for human con- tion ‘‘C’’ or ‘‘M’’) must be based on the sumption, used for fishmeal, discarded, most accurate method available to the or returned to the U.S. fishing vessel, vessel, either scale round weights or to at least the nearest 0.1 mt round factory weights converted to round weight. weights. Entries for daily and cumu- (iii) The estimated receipts of each lative weights of discarded or returned prohibited species or species group and fish (disposition ‘‘D’’ or ‘‘R’’) must be its disposition, either discarded or re- based on the most accurate method turned to the U.S. fishing vessel if au- available to the vessel, either actual thorized in the fishery in which the count, scale round weight, or estimated U.S. vessel is engaged, to at least the deck weights. Entries for product nearest 0.1 mt round weight. weights must be based on the number (iv) The species code of each marine mammal received and its condition of production units (pans, boxes, when released. blocks, trays, cans, or bags) and the av- (4) ‘‘SECTION TWO-CATCH’’ must erage weight of the production unit, contain on a daily basis— with reasonable allowances for water (i) The species codes of all authorized added. Allowances for water added can- or prohibited species or species groups not exceed 5 percent of the unit weight. received. Product weights cannot be based on (ii) The daily disposition, as de- the commercial or arbitrary wholesale scribed in paragraph (g)(3)(ii) of this weight of the product, but must be section, daily total, and cumulative based on the total actual weight of the total receipts of each authorized spe- product as determined by representa- cies or species groups. tive samples. (iii) The daily disposition, daily total (3) The owner or operator must make and cumulative total receipts of all au- all entries in indelible ink, with correc- thorized species or species groups. tions to be accomplished by lining out (iv) The daily and cumulative total and rewriting, rather than erasure. receipts of prohibited species groups (i) Alternative log formats. As an al- and their disposition as described in ternative to the use of the specific for- paragraph (g)(3)(iii) of this section. mats provided, a Nation may submit a (5) ‘‘SECTION THREE—PRODUC- proposed log format for FFV’s of that TION’’ must contain, on a daily basis, Nation for a general type of fishery op- for each authorized species or species eration in a fishery (i.e., joint venture group received and product produced, operations) to the appropriate Regional that information required in paragraph Administrator and the USCG com- (e)(5) of this section. mander (see tables 1 and 2 to § 600.502). (h) Daily log maintenance. The logs re- With the agreement of the USCG com- quired by paragraphs (e) through (g) of mander, the Regional Administrator
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may authorize the use of that log for- with activity code 4 may continue op- mat for vessels of the requesting Na- erations assisting U.S. fishing vessels, tion. despite closures under § 600.511(a). (f) Internal waters. For FFV’s author- [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] ized under section 306(c) of the Magnu- son-Stevens Act: § 600.508 Fishing operations. (1) Each FFV may engage in fish (a) Catching. Each FFV authorized processing and support of U.S. fishing for activity code 1 may catch fish. An vessels within the internal waters of FFV may retain its catch of any spe- that state in compliance with terms cies or species group for which there is and conditions set by the authorizing an unfilled national allocation. All fish Governor. caught will be counted against the na- (2) The owner or operator of each tional allocation, even if the fish are FFV must submit weekly reports on discarded, unless exempted by the reg- the amount of fish received from ves- ulations of the fishery in which the sels of the United States and the loca- FFV is engaged. Catching operations tion(s) where such fish were harvested. may be conducted as specified by the (i) Reports must include: regulations of the fishery in which the (A) Vessel identification information FFV is engaged and as modified by the for the FFV. FFV’s permit. (B) Date of each receipt of fish. (b) Scouting. Each FFV authorized for (C) Amount of fish received, by spe- Activity Codes 1 through 6 may scout cies. for fish. Scouting may be conducted (D) Location(s) from which the fish only in the fisheries area authorized by received were harvested and the name the scouting vessel’s permit and under and official number of the vessel of the such other circumstances as may be United States that harvested the fish. designated in this subpart or the per- (ii) Owners or operators of FFV’s mit. processing fish in internal waters (c) Processing. Each FFV with Activ- under the provisions of this paragraph ity Code 1 or 2 may process fish. Proc- (f) must request, from the Regional Ad- essing may only be conducted when- ministrator, the requirements regard- ever and wherever catching operations ing timing and submission of the re- for FFV’s of that Nation are permitted, ports, at least 15 days prior to the first whenever and wherever joint venture receipt of fish from a vessel of the operations are authorized by an FFV’s United States. The Regional Adminis- permit under Activity Code 4, and trator shall stipulate the timing and under such other circumstances as may submission requirements in writing. be designated in this subpart or the (g) Transshipping. Each FFV with Ac- permit. tivity Code 1, 2, 3, 4, 5, 6, 7, 8, or 10 may (d) Support. Each FFV with Activity transship in accordance with this sub- Codes 1, 2, 3, 5, or 8 may support other part and the vessel’s permit. permitted FFV’s. Each FFV with Ac- [61 FR 32540, June 24, 1996, as amended at 62 tivity Codes 4 or 6 may support U.S. FR 27183, May 19, 1997; 62 FR 34397, June 26, vessels. Support operations may be 1997; 64 FR 39020, July 21, 1999] conducted only in the fisheries areas authorized by the supporting vessel’s § 600.509 Prohibited species. permit, and under such other cir- (a) The owner or operator of each cumstances as may be designated in FFV must minimize its catch or re- this subpart or the permit. ceipt of prohibited species. (e) Joint ventures. Each FFV with Ac- (b) After allowing for sampling by an tivity Code 4 in addition to Activity observer (if any), the owner or operator Codes 1 or 2 may also conduct oper- of each FFV must sort its catch of fish ations with U.S. fishing vessels. These received as soon as possible and return joint venture operations with U.S. fish- all prohibited species and species parts ing vessels may be conducted through- to the sea immediately with a min- out the EEZ, and under such other cir- imum of injury, regardless of condi- cumstances as may be designated in tion, unless a different procedure is these regulations or the permit. FFV’s specified by the regulations for the
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fishery in which the FFV is engaged. mammals and birds, except in cases of All prohibited species must be recorded emergency involving the safety of the in the daily fishing log and other fish- ship or crew, or as specifically author- ing logs as specified by the regulations ized by communication from the appro- for the fishery in which the FFV is en- priate USCG commander or other au- gaged. thorized officer. These articles and sub- (c) All species of fish that an FFV stances include, but are not limited to, has not been specifically allocated or fishing gear, net scraps, bale straps, authorized under this subpart to re- plastic bags, oil drums, petroleum con- tain, including fish caught or received tainers, oil, toxic chemicals or any in excess of any allocation or author- manmade items retrieved in an FFV’s ization, are prohibited species. gear. (d) It is a rebuttable presumption (2) The operator of an FFV may not that any prohibited species or species abandon fishing gear in the EEZ. part found on board an FFV was caught (3) If these articles or substances are and retained in violation of this sec- encountered, or in the event of acci- tion. dental or emergency placement into the EEZ, the vessel operator must im- § 600.510 Gear avoidance and disposal. mediately report the incident to the (a) Vessel and gear avoidance. (1) appropriate USCG Commander indi- FFV’s arriving on fishing grounds cated in tables 1 and 2 to § 600.502, and where fishing vessels are already fish- give the information required in para- ing or have set their gear for that pur- graph (b) of this section. pose must ascertain the position and extent of gear already placed in the sea § 600.511 Fishery closure procedures. and must not place themselves or their (a) Activity Codes 1 and 2 for a fish- fishing gear so as to interfere with or ery are automatically canceled in the obstruct fishing operations already in following cases, unless otherwise speci- progress. Vessels using mobile gear fied by regulations specific to a fish- must avoid fixed fishing gear. ery, when— (2) The operator of each FFV must (1) The OY for any allocated species maintain on its bridge a current plot of or species group has been reached in broadcast fixed-gear locations for the that fishery; area in which it is fishing, as required (2) The TALFF or catch allowance by the regulations for the fishery in for any allocated species or species which the FFV is engaged. group has been reached in that fishery; (b) Gear conflicts. The operator of (3) The foreign nation’s allocation for each FFV that is involved in a conflict any allocated species or species group or that retrieves the gear of another has been reached; or vessel must immediately notify the ap- (4) The letter of credit required in propriate USCG commander identified § 600.518(b)(2) is not established and in tables 1 and 2 to § 600.502 and request maintained. disposal instructions. Each report must (b) Activity Code 4 is automatically include: canceled when— (1) The name of the reporting vessel. (1) The OY for a species with a JVP (2) A description of the incident and amount is reached; articles retrieved, including the (2) The JVP amount for a species or amount, type of gear, condition, and species group is reached; or identification markings. (3) The letter of credit required in (3) The location of the incident. § 600.518(b)(2) is not established and (4) The date and time of the incident. maintained. (c) Disposal of fishing gear and other (c) Notification. (1) The Regional Ad- articles. (1) The operator of an FFV in ministrator is authorized to close a the EEZ may not dump overboard, jet- fishery on behalf of NMFS. The Re- tison or otherwise discard any article gional Administrator will notify each or substance that may interfere with FFV’s designated representative of clo- other fishing vessels or gear, or that sures. may catch fish or cause damage to any (2) If possible, notice will be given 48 marine resource, including marine hours before the closure. However, each
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Nation and the owners and operators of able as scientific research activity. In all FFV’s of that Nation are respon- order to facilitate identification of ac- sible for ending fishing operations tivity as scientific research, persons when an allocation is reached. conducting scientific research activi- (d) Catch reconciliation. Vessel activ- ties are advised to carry a copy of the ity reports, U.S. surveillance observa- scientific research plan and the letter tions, observer reports, and foreign of acknowledgment on board the sci- catch and effort reports will be used to entific research vessel. Activities con- make the determination listed in para- ducted in accordance with a scientific graphs (a) and (b) of this section. If research plan acknowledged by such a NMFS estimates of catch or other val- letter are presumed to be scientific re- ues made during the season differ from search activities. The presumption those reported by the foreign fleets, ef- may be overcome by showing that an forts may be initiated by the des- activity does not fit the definition of ignated representative of each Nation scientific research activity or is out- to resolve such differences with NMFS. side the scope of the scientific research If, however, differences still persist after such efforts have been made, plan. NMFS estimates will be the basis for (b) Reports. Persons conducting sci- decisions and will prevail. entific research are requested to sub- (e) Duration. Any closure under this mit a copy of any cruise report or section will remain in effect until an other publication created as a result of applicable new or increased allocation the cruise, including the amount, com- or JVP becomes available or the letter position, and disposition of their catch, of credit required by § 600.518(b)(2) is re- to the appropriate Science and Re- established. search Director. [61 FR 32540, June 24, 1996, as amended at 63 [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] FR 7075, Feb. 12, 1998]
§ 600.512 Scientific research. § 600.513 Recreational fishing. (a) Scientific research activity. Persons (a) Foreign vessels conducting rec- planning to conduct scientific research reational fishing must comply only activities in the EEZ that may be con- with this section, and §§ 600.10, fused with fishing are encouraged to 600.504(a)(1), and 600.505 (as applicable). submit to the appropriate Regional Ad- Such vessels may conduct recreational ministrator, Director, or designee, 60 fishing within the EEZ and within the days or as soon as practicable prior to boundaries of a state. Any fish caught its start, a scientific research plan for may not be sold, bartered, or traded. each scientific cruise. The Regional (b) The owners or operator and any Administrator, Director, or designee other person aboard any foreign vessel will acknowledge notification of sci- conducting recreational fishing must entific research activity by issuing to comply with any Federal laws or regu- the operator or master of that vessel, lations applicable to the domestic fish- or to the sponsoring institution, a let- ery while in the EEZ, and any state ter of acknowledgment. This letter of laws or regulations applicable while in acknowledgment is separate and dis- state waters. tinct from any permit required under any other applicable law. If the Re- § 600.514 Relation to other laws. gional Administrator, Director, or des- ignee, after review of a research plan, (a) Persons affected by these regula- determines that it does not constitute tions should be aware that other Fed- scientific research activity, but rather eral and state statutes may apply to fishing, the Regional Administrator, their activities. Director, or designee will inform the (b) Fishing vessel operators must ex- applicant as soon as practicable and in ercise due care in the conduct of fish- writing. The Regional Administrator, ing activities near submarine cables. Director, or designee may also make Damage to submarine cables resulting recommendations to revise the re- from intentional acts or from the fail- search plan to make the cruise accept- ure to exercise due care in the conduct
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of fishing operations subjects the fish- (b) Each specification of OY and each ing vessel operator to enforcement ac- assessment of the anticipated U.S. har- tion under the International Conven- vest will be reviewed during each fish- tion for the Protection of Submarine ing season. Adjustments to TALFF’s Cables, and to the criminal penalties will be made based on updated informa- prescribed by the Submarine Cable Act tion relating to status of stocks, esti- (47 U.S.C. 21) and other laws that im- mated and actual performance of do- plement that Convention. Fishing ves- mestic and foreign fleets, and other rel- sel operators also should be aware that evant factors. the Submarine Cable Act prohibits (c) Specifications of OY and the ini- fishing operations at a distance of less tial estimates of U.S. harvests and than 1 nautical mile (1.85 km) from a TALFF’s at the beginning of the rel- vessel engaged in laying or repairing a evant fishing year will be published in submarine cable; or at a distance of the FEDERAL REGISTER. Adjustments to less than 0.25 nautical mile (0.46 km) those numbers will be published in the from a buoy or buoys intended to mark FEDERAL REGISTER upon occasion or as the position of a cable when being laid, directed by regulations implementing or when out of order, or broken. FMPs. For current apportionments, contact the appropriate Regional Ad- § 600.515 Interpretation of 16 U.S.C. ministrator or the Director. 1857(4). [61 FR 32540, June 24, 1996, as amended at 63 Section 307(4) of the Magnuson-Ste- FR 7075, Feb. 12, 1998] vens Act prohibits any fishing vessel § 600.517 Allocations. other than a vessel of the United States (foreign fishing vessel) from op- The Secretary of State, in coopera- erating in the EEZ if all of the fishing tion with the Secretary, determines gear on board the vessel is not stowed the allocation among foreign nations of in compliance with that section ‘‘un- fish species and species groups. The less such vessel is authorized to engage Secretary of State officially notifies in fishing in the area in which the ves- each foreign nation of its allocation. sel is operating.’’ If such a vessel has a The burden of ascertaining and accu- permit authorization that is limited to rately transmitting current allocations fishing activities other than catching, and status of harvest of an applicable taking or harvesting (such as support, allocation to fishing vessels is upon the scouting or processing activities), it foreign nation and the owner or oper- must have all of its fishing gear stowed ator of the FFV. at all times while it is in the EEZ. If § 600.518 Fee schedule for foreign fish- such a vessel has a permit authoriza- ing. tion to engage in catching, taking or harvesting activities, but such author- (a) Permit application fees. Each vessel ization is limited to a specific area permit application submitted under within the EEZ, and/or to a specific pe- § 600.501 must be accompanied by a fee. riod of time, the vessel must have all of The amount of the fee will be deter- its fishing gear stowed while it is in mined in accordance with the proce- the EEZ, except when it is in the spe- dures for determining administrative cific area authorized, and/or during the costs of each special product or service specific period of time authorized. contained in the NOAA Finance Hand- book, which is available upon request [61 FR 32540, June 24, 1996, as amended at 63 from the International Fisheries Divi- FR 7075, Feb. 12, 1998] sion (see address at § 600.501(d)(1)). The fee is specified with the application § 600.516 Total allowable level of for- form. At the time the application is eign fishing (TALFF). submitted, a check for the fees, drawn (a) The TALFF, if any, with respect on a U.S. bank, payable to the order of to any fishery subject to the exclusive ‘‘Department of Commerce, NOAA,’’ fishery management authority of the must be sent to the Assistant Adminis- United States, is that portion of the trator. The permit fee payment must OY of such fishery that will not be be accompanied by a list of the vessels caught by vessels of the United States. for which the payment is made. In the
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case of applications for permits author- (3) Assessment of poundage fees. izing activity code 10, the permit appli- Poundage fees will be assessed quar- cation fee will be waived if the appli- terly for the actual catch during Janu- cant provides satisfactory documen- ary through March, April through tary proof to the Assistant Adminis- June, July through September, and Oc- trator that the foreign nation under tober through December. The appro- which the vessel is registered does not priate Regional Administrator will rec- collect a fee from a vessel of the United oncile catch figures with each country States engaged in similar activities in following the procedures of § 600.511(d). the waters of such foreign nation. The When the catch figures are agreed documentation presented (e.g., copy of upon, NOAA will present a bill for col- foreign fishing regulations applicable lection as the documentary demand for to vessels of the United States) must payment to the confirming bank. If, clearly exempt vessels of the United after 45 days from the end of the quar- States from such a fee. ter, catches have not been reconciled, (b) Poundage fees. (1) Rates. If a Na- the estimate of the Regional Adminis- tion chooses to accept an allocation, trator will stand and a bill will be poundage fees must be paid at the rate issued for that amount. If necessary, specified in the following table. the catch figures may be refined by the Regional Administrator during the TABLEÐSPECIES AND POUNDAGE FEES next 60 days, and any modifications [Dollars per metric ton, unless otherwise noted] will be reflected in the next quarter’s bill. Pound- Species fees age fees (c) Observer fees. The Assistant Ad- ministrator will notify the owners or Northwest Atlantic Ocean fisheries: operators of FFV’s of the estimated an- 1. Butterfish ...... 274.61 2. Hake, red ...... 163.97 nual costs of placing observers aboard 3. Hake, silver ...... 174.63 their vessels. The owners or operators 4. Herring ...... 61.76 of any such vessel must provide for re- 5. Mackerel, Atlantic ...... 58.33 payment of those costs by including 6. Other groundfish ...... 119.09 7. Squid, Illex ...... 103.98 one-fourth of the estimated annual ob- 8. Squid, Loligo ...... 245.73 server fee as determined by the Assist- ant Administrator in a L/C as pre- (2) Method of payment of poundage fees scribed in § 600.518(b)(2). During the fis- and observer fees. (i) If a Nation chooses cal year, payment will be withdrawn to accept an allocation, a revolving let- from the L/C as required to cover an- ter of credit (L/C) must be established ticipated observer coverage for the up- and maintained to cover the poundage coming fishery. The Assistant Admin- fees for at least 25 percent of the pre- istrator will reconcile any differences vious year’s total allocation at the rate between the estimated cost and actual in paragraph (b)(1) of this section, or as costs of observer coverage within 90 determined by the Assistant Adminis- days after the end of the fiscal year. trator, plus the observer fees required (d) Financial assurances. (1) A foreign by paragraph (c) of this section. The L/ nation, or the owners and operators of C must— certain vessels of that foreign nation, (A) Be irrevocable. may be required by the Assistant Ad- (B) Be with a bank subscribing to ICC ministrator to provide financial assur- Pub. 290. ances. Such assurances may be re- (C) Designate ‘‘Department of Com- quired if— merce, NOAA’’ as beneficiary; (i) Civil and criminal penalties as- (D) Allow partial withdrawals. sessed against fishing vessels of the Na- (E) Be confirmed by a U.S. bank. tion have not effectively deterred vio- (ii) The customer must pay all com- lations; missions, transmission, and service (ii) Vessels of that Nation have en- charges. No fishing will be allowed gaged in fishing in the EEZ without until the L/C is established, and au- proper authorization to conduct such thorized written notice of its issuance activities; is provided to the Assistant Adminis- (iii) The Nation’s vessel owners have trator. refused to answer administrative
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charges or summons to appear in court; ISTER. Current TALFFs are also avail- or able from the Regional Administrator. (iv) Enforcement of Magnuson-Ste- (4) Species definitions. The category vens Act civil or criminal judgments in ‘‘other finfish’’ used in TALFFs and in the courts of a foreign nation is unat- allocations includes all species except: tainable. (i) The other allocated species, name- (2) The level of financial assurances ly: Short-finned squid, long-finned will be guided by the level of penalties squid, Atlantic herring, Atlantic mack- assessed and costs to the U.S. Govern- erel, river herring (includes alewife, ment. blueback herring, and hickory shad), [61 FR 32540, June 24, 1996, as amended at 63 and butterfish. FR 7075, Feb. 12, 1998; 64 FR 39020, July 21, (ii) The prohibited species, namely: 1999] American plaice, American shad, At- lantic cod, Atlantic menhaden, Atlan- § 600.520 Northwest Atlantic Ocean tic redfish, Atlantic salmon, all mar- fishery. lin, all spearfish, sailfish, swordfish, (a) Purpose. Sections 600.520 and black sea bass, bluefish, croaker, had- 600.525 regulate all foreign fishing con- dock, ocean pout, pollock, red hake, ducted under a GIFA within the EEZ in scup, sea turtles, sharks (except the Atlantic Ocean north of 35°00′ N. dogfish), silver hake, spot, striped bass, lat. summer flounder, tilefish, yellowtail (b) Authorized fishery—(1) Allocations. flounder, weakfish, white hake, win- Foreign vessels may engage in fishing dowpane flounder, winter flounder, only in accordance with applicable na- witch flounder, Continental Shelf fish- tional allocations. ery resources, and other invertebrates (2) Time and area restrictions. (i) Fish- (except nonallocated squids). ing, including processing, scouting, and (5) Closures. The taking of any species support of foreign or U.S. vessels, is for which a Nation has an allocation is prohibited south of 35°00′ N. lat., and permitted, provided that: north and east of a line beginning at (i) The vessels of the foreign nation the shore at 44°22′ N. lat., 67°52′ W. long. have not caught the allocation of that and intersecting the boundary of the Nation for any species or species group EEZ at 44°11′12″ N. lat., 67°16′46″ W. (e.g., ‘‘other finfish’’). When vessels of long. a foreign nation have caught an appli- (ii) The Regional Administrator will cable allocation of any species, all fur- consult with the Council prior to giv- ther fishing other than scouting, proc- ing notice of any area or time restric- essing, or support by vessels of that tion. NMFS will also consult with the Nation must cease, even if other allo- USCG if the restriction is proposed to cations have not been reached. There- reduce gear conflicts. If NMFS deter- fore, it is essential that foreign nations mines after such consultation that the plan their fishing strategy to ensure restriction appears to be appropriate, that the reaching of an allocation for NMFS will publish the proposed re- one species does not result in the pre- striction in the FEDERAL REGISTER, to- mature closing of a Nation’s fishery for gether with a summary of the informa- other allocated species. tion on which the restriction is based. (ii) The fishery has not been closed Following a 30-day comment period, for other reasons under § 600.511. NMFS will publish a final action. (6) Allocation utilization. Foreign fish- (iii) The Regional Administrator may ing vessels may elect to retain or dis- rescind any restriction if he/she deter- card allocated species; however, the mines that the basis for the restriction computation of allocation utilization no longer exists. and fee refunds will be based on the (iv) Any notice of restriction shall total quantity of that species that was operate as a condition imposed on the caught. Prohibited species must always permit issued to the foreign vessels in- be returned to the sea as required volved in the fishery. under § 600.509. (3) TALFF. The TALFFs for the fish- (c) Fishing areas. For the purposes of eries of the Northwest Atlantic Ocean the Northwest Atlantic Ocean fishery, are published in the FEDERAL REG- fishing areas are that portion of the
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EEZ shown inside the boundaries of the ‘‘three digit statistical areas’’ de- scribed in Figure 1 to this section.
[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]
§ 600.525 Atlantic herring fishery. established by the PMP for Atlantic herring approved on July 6, 1995. These (a) Initial specifications. The initial annual specifications will remain in ef- specifications of OY, DAH, DAP, JVP, fect unless adjusted pursuant to the TALFF, and reserve (if any) have been
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provisions specified in paragraph (b) of terns of the distribution of catch or this section. fishing effort for such stock or stocks (b) Procedures to adjust initial speci- of fish. fications. NMFS may adjust these ini- (c) Whether relevant effects are sub- tial specifications upward or downward stantial will be determined after con- to produce the greatest overall benefit sideration of the magnitude of such ac- to the United States at any time prior tual or potential effects. Relevant to to or during the fishing years for which this determination are various factors, the initial specifications are set by including but not limited to, the pro- publishing notification in the FEDERAL portion of the fishery (stock or stocks REGISTER with the reasons for such ad- of fish and fishing for such stocks) that justments. Any notice of adjustment is subject to the effects of a particular may provide for public comment. Ad- state’s action or omission, the charac- justments to the initial specifications teristics and status (including migra- may take into account the following tory patterns and biological condition) information: of the stock or stocks of fish in the (1) The estimated domestic proc- fishery, and the similarity or dissimi- essing capacity and extent to which it larity between the goals, objectives, or will be used.; policies of the state’s action or omis- (2) Landings and catch statistics.; sion and the management goals or ob- (3) Stock assessments. jectives specified in the FMP for the (4) Relevant scientific information. fishery or between the state and Fed- eral conservation and management Subpart G—Preemption of State measures of the fishery. Authority Under Section 306(b) [61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998] § 600.605 General policy. It is the policy of the Secretary that § 600.615 Commencement of pro- preemption proceedings will be con- ceedings. ducted expeditiously. The administra- (a) Notice of proposed preemption. (1) If tive law judge and counsel or other rep- a proceeding under this part is deemed resentative for each party are encour- necessary, the Administrator must aged to make every effort at each stage issue a notice of proposed preemption of the proceedings to avoid delay. to the Attorney General of the State or States concerned. The notice will con- § 600.610 Factual findings for Federal tain: preemption. (i) A recital of the legal authority (a) The two factual findings for Fed- and jurisdiction for instituting the pro- eral preemption of state management ceeding. authority over a fishery are: (ii) A concise statement of the (1) The fishing in a fishery that is § 600.610 factual findings for Federal covered by an FMP implemented under preemption upon which the notice is the Magnuson-Stevens Act is engaged based. in predominately within the EEZ and (iii) The time, place, and date of the beyond such zone. hearing. (2) A state has taken any action, or (2) The notice of proposed preemption omitted to take any action, the results will also be published in the FEDERAL of which will substantially and ad- REGISTER. This notification may be versely affect the carrying out of such combined with any notice of proposed FMP. rulemaking published under paragraph (b) Whether fishing is engaged in (d)(1) of this section. ‘‘predominately’’ within or beyond the (b) Response. The state will have the EEZ will be determined after consider- opportunity to respond in writing to ation of relevant factors, including but the notice of proposed preemption. not limited to, the catch (based on (c) Amendment. The Administrator numbers, value, or weight of fish may, at any time prior to the Sec- caught, or other relevant factors) or retary’s decision, withdraw the notice fishing effort during the appropriate of proposed preemption. Upon motion period, and in light of historical pat- of either party before the record is
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closed, the administrative law judge (2) Reserve decision on the merits or may amend the notice of proposed pre- withdraw the notice of proposed pre- emption. emption; or (d) Proposed regulations—(1) In gen- (3) Remand the case to the adminis- eral. If additional regulations are re- trative law judge for further pro- quired to govern fishing within the ceedings as may be appropriate, along boundaries of a state, the Adminis- with a statement of reasons for the re- trator may publish proposed regula- mand. tions in the FEDERAL REGISTER concur- (b) Notification. (1) If the factual find- rently with issuing the notification in- ings for Federal preemption are deter- dicated in paragraph (a) of this section. mined to exist, the Secretary will no- (2) Emergency actions. Nothing in this tify in writing the Attorney General of section will prevent the Secretary from that state and the appropriate Coun- taking emergency action under section cil(s) of the preemption of that state’s 305(c) of the Magnuson-Stevens Act. authority. The Secretary will also di- [61 FR 32540, June 24, 1996, as amended at 63 rect the Administrator to promulgate FR 7075, Feb. 12, 1998] appropriate regulations proposed under § 600.615(d) and otherwise to begin regu- § 600.620 Rules pertaining to the hear- lating the fishery within the state’s ing. boundaries (other than in its internal (a) The civil procedure rules of the waters). NOAA currently set forth in 15 CFR (2) If the factual findings for Federal part 904, subpart C (or as subsequently preemption are determined not to amended), apply to the proceeding exist, the Secretary will notify, in after its commencement by service of writing, the Attorney General of the notice (pursuant to § 600.615) and prior state and the appropriate Council(s) of to the Secretary’s decision (§ 600.625), that determination. The Secretary will except that the following sections will also direct the Administrator to issue a not apply: notice withdrawing any regulations (1) 15 CFR 904.201 (Definitions); proposed under § 600.615(d). (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and § 600.630 Application for reinstatement (3) 15 CFR 904.272 (Administrative re- of state authority. view of decision). (a) Application or notice. (1) At any (b) Additional duties and powers of time after the promulgation of regula- judge—(1) Time periods. The administra- tions under § 600.625(b)(1) to regulate a tive law judge is authorized to modify fishery within a state’s boundaries, the all time periods pertaining to the affected state may apply to the Sec- course of the hearing (under §§ 600.615 retary for reinstatement of state au- and 600.620) to expedite the pro- thority. The Secretary may also serve ceedings, upon application and appro- upon such state a notice of intent to priate showing of need or emergency terminate such Federal regulation. A circumstances by a party. state’s application must include a clear (2) Intervention. Intervention by per- and concise statement of: sons not parties is not allowed. (i) The action taken by the State to correct the action or omission found to § 600.625 Secretary’s decision. have substantially and adversely af- (a) The Secretary will, on the basis of fected the carrying out of the FMP; or the hearing, record the administrative (ii) Any changed circumstances that law judge’s recommended decision: affect the relationship of the state’s ac- (1) Accept or reject any of the find- tion or omission to take action to the ings or conclusions of the administra- carrying out of the FMP (including any tive law judge and decide whether the amendment to such plan); and factual findings exist for Federal pre- (iii) Any laws, regulations, or other emption of a state’s authority within materials that the state believes sup- its boundaries (other than in its inter- port the application. nal waters) with respect to the fishery (2) Any such application received by in question; the Secretary or notice issued to the
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State will be published in the FEDERAL under a state/Federal agreement for REGISTER. data collection and a tripartite agree- (b) Informal response. The Secretary ment among the state, the USCG, and has sole discretion to accept or reject the Secretary for enforcement. the application or response. If the Sec- (c) Submarine cables. Fishing vessel retary accepts the application or re- operators must exercise due care in the jects any responses and finds that the conduct of fishing activities near sub- reasons for regulation of the fishery marine cables. Damage to the sub- within the boundaries of the state no marine cables resulting from inten- longer prevail, the Secretary will promptly terminate such regulation tional acts or from the failure to exer- cise due care in the conduct of fishing and publish in the FEDERAL REGISTER any regulatory amendments necessary operations subjects the fishing vessel to accomplish that end. operator to the criminal penalties pre- (c) Hearing. The Secretary has sole scribed by the Submarine Cable Act (47 discretion to direct the Administrator U.S.C. 21) which implements the Inter- to schedule hearings for the receipt of national Convention for the Protection evidence by an administrative law of Submarine Cables. Fishing vessel op- judge. Hearings before the administra- erators also should be aware that the tive law judge to receive such evidence Submarine Cable Act prohibits fishing will be conducted in accordance with operations at a distance of less than 1 § 600.620. Upon conclusion of such hear- nautical mile (1.85 km) from a vessel ings, the administrative law judge will engaged in laying or repairing a sub- certify the record and a recommended marine cable; or at a distance of less decision to the Secretary. If the Sec- than 0.25 nautical mile (0.46 km) from a retary, upon consideration of the buoy or buoys intended to mark the po- state’s application or any response to sition of a cable when being laid or the notice published under when out of order or broken. § 600.630(a)(2), the hearing record, the recommended decision, and any other (d) Marine mammals. Regulations gov- relevant materials finds that the rea- erning exemption permits and the rec- sons for regulation of the fishery with- ordkeeping and reporting of the inci- in the boundaries of the state no longer dental take of marine mammals are set prevail, the Secretary will promptly forth in part 229 of this title. terminate such regulation and publish (e) Halibut fishing. Fishing for halibut in the FEDERAL REGISTER any regu- is governed by regulations of the Inter- latory amendments necessary to ac- national Pacific Halibut Commission complish that end. set forth at part 300 of this title. (f) Marine sanctuaries. All fishing ac- Subpart H—General Provisions for tivity, regardless of species sought, is Domestic Fisheries prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine Sanctuary, § 600.705 Relation to other laws. which is located approximately 15 (a) General. Persons affected by these miles southwest of Cape Hatteras off regulations should be aware that other the coast of North Carolina. Federal and state statutes and regula- tions may apply to their activities. § 600.710 Permits. Vessel operators may wish to refer to Regulations pertaining to permits re- USCG regulations found in the Code of quired for certain fisheries are set Federal Regulations title 33—Naviga- forth in the parts of this chapter gov- tion and Navigable Waters and 46— erning those fisheries. Shipping; 15 CFR part 904, subpart D— Permit Sanctions and Denials; and § 600.715 Recordkeeping and report- title 43—Public Lands (in regard to ma- ing. rine sanctuaries). (b) State responsibilities. Certain re- Regulations pertaining to records sponsibilities relating to data collec- and reports required for certain fish- tion and enforcement may be per- eries are set forth in the parts of this formed by authorized state personnel chapter governing those fisheries.
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§ 600.720 Vessel and gear identifica- (h) Resist a lawful arrest for any act tion. prohibited under the Magnuson-Ste- Regulations pertaining to special vens Act or any other statute adminis- vessel and gear markings required for tered by NOAA. certain fisheries are set forth in the (i) Make any false statement, oral or parts of this chapter governing those written, to an authorized officer con- fisheries. cerning the taking, catching, har- vesting, landing, purchase, sale, offer § 600.725 General prohibitions. of sale, possession, transport, import, It is unlawful for any person to do export, or transfer of any fish, or at- any of the following: tempts to do any of the above. (a) Possess, have custody or control (j) Interfere with, obstruct, delay, or of, ship, transport, offer for sale, sell, prevent by any means an investigation, purchase, land, import, or export, any search, seizure, or disposition of seized fish or parts thereof taken or retained property in connection with enforce- in violation of the Magnuson-Stevens ment of the Magnuson-Stevens Act or Act or any other statute administered any other statute administered by by NOAA and/or any regulation or per- NOAA. mit issued under the Magnuson-Ste- (k) Fish in violation of the terms or vens Act. conditions of any permit or authoriza- (b) Transfer or attempt to transfer, tion issued under the Magnuson-Ste- directly or indirectly, any U.S.-har- vens Act or any other statute adminis- vested fish to any foreign fishing ves- tered by NOAA. sel, while such vessel is in the EEZ, un- (l) Fail to report catches as required less the foreign fishing vessel has been while fishing pursuant to an exempted issued a permit under section 204 of the fishing permit. Magnuson-Stevens Act, which author- (m) On a scientific research vessel, izes the receipt by such vessel of U.S.- engage in fishing other than rec- harvested fish. reational fishing authorized by applica- (c) Fail to comply immediately with ble state or Federal regulations. enforcement and boarding procedures (n) Trade, barter, or sell; or attempt specified in § 600.730. to trade, barter, or sell fish possessed (d) Refuse to allow an authorized offi- or retained while fishing pursuant to cer to board a fishing vessel or to enter an authorization for an exempted edu- areas of custody for purposes of con- cational activity. ducting any search, inspection, or sei- (o) Harass or sexually harass an au- zure in connection with the enforce- thorized officer or an observer. ment of the Magnuson-Stevens Act or (p) Fail to submit to a USCG safety any other statute administered by examination when required by NMFS NOAA. pursuant to § 600.746. (e) Dispose of fish or parts thereof or (q) Fail to display a Commercial other matter in any manner, after any Fishing Vessel Safety Examination communication or signal from an au- decal or a valid certificate of compli- thorized officer, or after the approach ance or inspection pursuant to § 600.746. by an authorized officer or an enforce- (r) Fail to provide to an observer, a ment vessel or aircraft. NMFS employee, or a designated ob- (f) Assault, resist, oppose, impede, in- server provider information that has timidate, threaten, or interfere with been requested pursuant to § 600.746, or any authorized officer in the conduct of fail to allow an observer, a NMFS em- any search, inspection, or seizure in ployee, or a designated observer pro- connection with enforcement of the vider to inspect any item described at Magnuson-Stevens Act or any other § 600.746. statute administered by NOAA. (s) Fish without an observer when the (g) Interfere with, delay, or prevent vessel is required to carry an observer. by any means, the apprehension of an- (t) Assault, oppose, impede, intimi- other person, knowing that such person date, or interfere with a NMFS-ap- has committed any act prohibited by proved observer aboard a vessel. the Magnuson-Stevens Act or any (u) Prohibit or bar by command, im- other statute administered by NOAA. pediment, threat, coercion, or refusal
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of reasonable assistance, an observer Fishery Allowable gear from conducting his or her duties types aboard a vessel. A. Lobster pot/trap ...... A. Pot, trap (v) The use of any gear or participa- B. North Atlantic bottom trawl ...... B. Trawl tion in a fishery not on the following C. Dredge fishery ...... C. Dredge D. Hand harvest fishery ...... D. Hand harvest list of authorized fisheries and gear is E. Recreational fishery ...... E. Pot, trap, hand prohibited after July 26, 1999. A fish, harvest whether targeted or not, may be re- Atlantic Herring Fishery (Preliminary tained only if it is taken within a list- FMP): A. Coastal herring trawl ...... A. Trawl fishery ed fishery, is taken with a gear author- B. Atlantic herring purse seine fish- B. Purse seine ized for that fishery, and is taken in ery. conformance with all other applicable C. Coastal/inshore gillnet fishery .... C. Gillnet regulations. Listed gear can only be D. Recreational fishery ...... D. Hook and line, gillnet used in a manner that is consistent Dogfish Fishery (Non-FMP): with existing laws or regulations. The A. Gillnet fishery ...... A. Gillnet list of fisheries and allowable gear does B. Trawl fishery ...... B. Trawl C. Recreational fishery ...... C. Hook and line, not, in any way, alter or supersede any rod and reel definitions or regulations contained Atlantic Bluefish (FMP managed by elsewhere in this chapter. A person or Mid-Atlantic Fishery Management vessel is prohibited from engaging in Council (MAFMC)): A. Pelagic longline/hook and line ... A. Longline, fishing or employing fishing gear when handline such fishing or gear is prohibited or re- B. Seine fishery ...... B. Purse seine, stricted by regulation under an FMP or seine C. Mixed species pot/trap fishery ... C. Pot, trap under other applicable law. However, D. Bluefish, croaker, flounder trawl D. Trawl after July 26, 1999, an individual fisher- fishery. man may notify the appropriate Coun- E. Pelagic drift gillnet fishery ...... E. Gillnet F. Dredge fishery ...... F. Dredge cil, or the Assistant Administrator in G. Recreational fishery ...... G. Rod and reel, the case of Atlantic highly migratory handline, trap, species, of the intent to use a gear or pot participate in a fishery not already on Atlantic Mackerel, Squid and Butterfish Fishery (FMP managed by the this list. Ninety days after such notifi- MAFMC): cation, the individual may use the gear A. Mackerel, squid, butterfish trawl A. Trawl or participate in that fishery unless fishery. B. Pelagic drift gillnet fishery ...... B. Gillnet regulatory action is taken to prohibit C. Pelagic longline/hook and line C. Longline, the use of the gear or participate in the fishery. handline fishery (e.g., through emergency or in- D. Purse seine fishery ...... D. Purse seine terim regulations). The list of author- E. Mixed species pot/trap fishery ... E. Pot, trap F. Dredge fishery ...... F. Dredge ized fisheries and gear is as follows: G. Recreational fishery ...... G. Rod and reel, handline, pot Fishery Allowable gear Surf Clam and Ocean Quahog Fishery Dredge types (FMP managed by the MAFMC). Atlantic Menhaden Purse Seine Fishery Purse seine New England Fishery Management Council (NEFMC) (Non-FMP). Atlantic Sea Scallops Fishery (FMP): Atlantic Halibut Fishery (Non-FMP) ...... Longline, handline, A. Dredge fishery ...... A. Dredge gillnet, trawl B. Trawl fishery ...... B. Trawl Weakfish Fishery (Non-FMP): C. Hand harvest fishery ...... C. Hand harvest A. Commercial fishery ...... A. Trawl, gillnet, D. Recreational fishery ...... D. Hand harvest hook and line Atlantic Salmon Fishery (FMP) ...... No harvest/posses- B. Recreational fishery ...... B. Hook and line sion in the EEZ Atlantic Mussel/Sea Urchin Fishery Striped Bass Fishery (Non-FMP) ...... No harvest/posses- (Non-FMP): sion in the EEZ A. Dredge fishery ...... A. Dredge Northeast (NE) Multispecies Fishery B. Hand harvest fishery ...... B. Hand harvest (FMP): Atlantic Skate Fishery: A. NE Multispecies Sink Gillnet ...... A. Gillnet A. Trawl fishery ...... A. Trawl B. North Atlantic bottom trawl ...... B. Trawl B. Gillnet fishery ...... B. Gillnet C. Groundfish hook and line ...... C. Longline, C. Hook-and-line fishery ...... C. Longline and handline, rod and handline reel Crab Fishery (Non-FMP) ...... Pot D. Mixed species trap/pot ...... D. Trap/pot Northern Shrimp Fishery: E. Dredge fishery ...... E. Dredge A. Shrimp trawl fishery ...... A. Trawl F. Seine fishery ...... F. Seine B. Shrimp pot fishery ...... B. Pot G. Recreational fishery ...... G. Rod and reel, Monkfish Fishery (Non-FMP): handline, spear A. Trawl fishery ...... A. Trawl American Lobster Fishery (FMP): B. Gillnet fishery ...... B. Gillnet
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Allowable gear Allowable gear Fishery types Fishery types
C. Demersal longline fishery ...... C. Longline A. Pot/trap fishery ...... A. Pot/trap D. Dredge fishery ...... D. Dredge B. Hand harvest fishery ...... B. Hand harvest E. Trap/pot ...... E. Trap/pot Weakfish Fishery (Non-FMP): Summer Flounder, Scup, Black Sea A. Commercial fishery ...... A. Trawl, gillnet, Bass Fishery (FMP managed by hook and line MAFMC): B. Recreational fishery ...... B. Hook and line A. Bluefish, croaker, flounder trawl A. Trawl Mixed Species Trawl Fishery (Non- Trawl fishery. FMP). B. Pelagic longline/hook and line B. Longline, Whelk Fishery (Non-FMP): fishery.. handline A. Trawl fishery ...... A. Trawl C. Mixed species pot/trap fishery ... C. Pot, trap B. Pot/trap fishery ...... B. Pot/trap D. Pelagic drift gillnet fishery ...... D. Gillnet Monkfish Fishery (Non-FMP): E. Recreational fishery ...... E. Rod and reel, A. Trawl fishery ...... A. Trawl handline, pot, B. Longline fishery ...... B. Longline trap Tilefish Fishery (Non-FMP): Hagfish Fishery (Non-FMP) ...... Trap/pot A. Groundfish hook-and-line fishery A. Longline, handline Mid-Atlantic Fishery Management Council B. Recreational fishery ...... B. Rod and reel Dogfish Fishery (Non-FMP): Summer Flounder, Scup, Black Sea A. Gillnet fishery ...... A. Gillnet Bass FMP: B. Trawl fishery ...... B. Trawl A. Bluefish, croaker, flounder trawl A. Trawl C. Recreational fishery ...... C. Hook and line fishery. Coastal Gillnet Fishery (Non-FMP) ...... Gillnet B. Pelagic longline/hook and line B. Longline, Recreational Fishery (Non-FMP) ...... Rod and reel, fishery. handline handline C. Mixed species pot/trap fishery. .. C. Pot, trap D. Pelagic drift gillnet fishery...... D. Gillnet South Atlantic Fishery Management Council E. Recreational fishery ...... E. Rod and reel, handline, pot, Golden Crab Fishery (FMP) ...... Trap trap Atlantic Red Drum Fishery (FMP) ...... No harvest/posses- Atlantic Bluefish FMP: sion in EEZ A. Bluefish, Croaker, Flounder A. Trawl Coral and Coral Reef Fishery (FMP): trawl fishery. A. Octocoral commercial fishery .... Hand harvest only B. Pelagic longline/hook and line B. Longline, B. Live rock aquaculture fishery ..... Hand harvest only fishery. handline C. Octocoral recreational fishery .... Hand harvest only C. Mixed species pot/trap fishery ... C. Pot, trap South Atlantic Shrimp Fishery (FMP) .... Trawl D. Pelagic drift gillnet fishery ...... D. Gillnet South Atlantic Snapper-Grouper Fishery E. Seine fishery ...... E. Purse seine, (FMP): seine A. Commercial fishery ...... A. Longline, rod F. Dredge fishery ...... F. Dredge and reel, bandit G. Recreational fishery ...... G. Rod and reel, gear, handline, handline, trap, spear, pot powerhead Atlantic Mackerel, Squid, and Butterfish B. Black sea bass trap/pot fishery B. Pot, trap Fishery (FMP): C. Wreckfish fishery ...... C. Rod and reel, A. Mackerel, Squid, Butterfish trawl A. Trawl bandit gear, fishery. handline B. Pelagic drift gillnet fishery ...... B. Gillnet D. Recreational fishery ...... D. Handline, rod C. Pelagic longline/hook and line C. Longline, and reel, bandit fishery. handline gear, spear, D. Purse seine fishery ...... D. Purse seine powerhead E. Mixed species pot/trap fishery ... E. Pot, trap South Atlantic Spiny Lobster FMP: F. Dredge fishery ...... F. Dredge A. Commercial fishery ...... A. Trap, pot, dip G. Bandit gear fishery ...... G. Bandit gear net, bully net, H. Recreational fishery ...... H. Rod and reel, snare handline, pot B. Recreational fishery ...... B. Trap, pot, dip Surf Clam/Ocean Quahog Fishery net, bully net, (FMP): snare A. Dredge fishery ...... A. Dredge South Atlantic Coastal Migratory B. Recreational fishery ...... B. Hand harvest Pelagics FMP: Atlantic Sea Scallop Fishery (FMP A. Commercial Spanish mackerel A. Handline, rod managed by NEFMC): fishery. and reel, bandit A. Dredge fishery ...... A. Dredge gear, gillnet, cast B. Trawl fishery ...... B. Trawl net C. Hand harvest fishery ...... C. Hand harvest B. Commercial King mackerel fish- B. Handline, rod Atlantic Menhaden Purse Seine Fishery Purse seine ery. and reel, bandit (Non-FMP). gear Striped bass Fishery (Non-FMP) ...... No harvest/posses- C. Other commercial coastal migra- C. Longline, sion in the EEZ tory pelagics fishery. handline, rod and Northern Shrimp Trawl Fishery (Non- Trawl reel, bandit gear FMP). D. Recreational fishery ...... D. Bandit gear, rod American Lobster Fishery (FMP man- and reel, aged by NEFMC): handline
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Allowable gear Allowable gear Fishery types Fishery types
Atlantic Mackerel, Squid, and Butterfish Trawl C. Recreational fishery ...... C. Bandit gear, Trawl Fishery (Non-FMP). handline, rod and Weakfish Fishery (Non-FMP): reel A. Commercial fishery ...... A. Trawl, gillnet, Inshore Coastal Gillnet Fishery (Non- Gillnet hook and line FMP). B. Recreational fishery ...... B. Hook and line Golden Crab Fishery (Non-FMP) ...... Trap Whelk Trawl Fishery (non-FMP) ...... Trawl Octopus Fishery (Non-FMP) ...... Trap Marine Life Aquarium Fishery (Non- Dip net, slurp gun, Marine Life Aquarium Fishery (Non- Dip net, slurp gun, FMP). barrier net, allow- FMP). barrier net, allow- able chemical able chemical Calico Scallops Trawl Fishery (Non- Trawl Coastal Herring Trawl Fishery (Non- Trawl FMP). FMP). Bluefish, Croaker, Flounder Trawl Fish- Trawl Butterfish Trawl Fishery (Non-FMP) ...... Trawl ery (Non-FMP). Gulf of Mexico Groundfish (Non-FMP): Recreational Fishery (Non-FMP) ...... Handline, bandit A. Commercial fishery ...... A. Trawl, purse gear, rod and seine, gillnet reel B. Recreational fishery ...... B. Hook and line Sargassum Fishery (Non-FMP) ...... Trawl Gulf of Mexico Menhaden Purse Fish- Purse seine ery (Non-FMP). Gulf of Mexico Fishery Management Council Sardine Purse Seine Fishery (Non- Purse seine FMP). Gulf of Mexico Red Drum FMP ...... No harvest/posses- Oyster Fishery (Non-FMP) ...... Dredge sion in EEZ Non-Groundfish finfish (Non-FMP) ...... Trawl, gillnet, Coral Reef FMP: longline, A. Commercial fishery ...... A. Hand harvest handline, rod and only reel, bandit gear B. Recreational fishery ...... B. Hand harvest Recreational fishery (Non-FMP) ...... Bandit gear, only handline, rod and Gulf of Mexico Reef Fish FMP: reel, spear, bully A. Snapper-Grouper reef fish A. Longline, net, gillnet, dip longline/hook and line fishery. handline, bandit net, longline, gear, rod and powerhead, reel, buoy gear seine, slurp gun, B. Pot/trap reef fish fishery ...... B. Pot, trap trap, trawl, har- C. Other commercial fishery ...... C. Spear, poon, castnet, powerhead, cast hoop net net, trawl D. Recreational fishery ...... D. Spear, Caribbean Fishery Management Council powerhead, ban- dit gear, Caribbean Spiny Lobster FMP: handline, rod A. Trap/pot fishery ...... A. Trap/pot reel, cast net B. Dip net fishery ...... B. Dip net Gulf of Mexico Shrimp FMP: C. Entangling net fishery ...... C. Gillnet, trammel A. Gulf of Mexico commercial fish- A. Trawl butterfly net ery. net, skimmer, D. Recreational fishery ...... D. Dip net, trap, castnet pot, gillnet, tram- B. Recreational fishery ...... B. Trawl mel net Gulf of Mexico Coastal Migratory E. Hand harvest fishery ...... E. Hand harvest Pelagics FMP: Caribbean Shallow Water Reef Fish A. Large pelagics longline fishery .. A. Longline FMP: B. King/Spanish mackerel gillnet B. Gillnet A. Longline/hook and line fishery ... A. Longline, hook fishery. and line C. Pelagic hook and line fishery .... C. Bandit gear, B. Trap/pot fishery ...... B. Trap, pot handline, rod and C. Entangling net fishery ...... C. Gillnet, trammel reel net D. Pelagic species purse seine D. Purse seine D. Recreational fishery ...... D. Dip net, fishery. handline, rod and E. Recreational fishery ...... E. Bandit gear, reel, slurp gun, handline, rod and spear reel, spear Coral and Reef Resources FMP: Gulf of Mexico Spiny Lobster FMP: A. Commercial fishery ...... A. Dip net, slurp A. Spiny lobster pot/trap fishery ..... A. Trap, pot. gun B. Dip net fishery ...... B. Dip net, bully B. Recreational fishery ...... B. Dip net, slurp net, hoop net gun C. Recreational fishery ...... C. Dip net, bully Queen Conch FMP: net, pot, trap, A. Commercial fishery ...... A. Hand harvest snare only Stone Crab FMP: B. Recreational fishery ...... B. Hand harvest A. Trap/pot crab fishery ...... A. Trap, pot only B. Recreational fishery ...... B. Trap, pot Caribbean Pelagics (Non-FMP): Mullet Fishery (Non-FMP): A. Pelagics drift gillnet ...... A. Gillnet fishery A. Trawl fishery ...... A. Trawl B. Pelagics longline/hook and line B. Longline/hook B. Gillnet fishery ...... B. Gillnet fishery. and line
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Allowable gear Allowable gear Fishery types Fishery types
C. Recreational fishery ...... C. Spear, handline, Pot fishery fishery ...... Pot longline, rod and BS and AI King and Tanner Crab Fish- reel ery (Non-FMP): Recreational fishery ...... Pot Pacific Fishery Management Council BS and AI Groundfish Fishery FMP: A. Groundfish trawl fishery ...... A. Trawl Washington, Oregon, and California B. Bottomfish hook and line, B. Hook and line, Salmon FMP: handline fishery. handline A. Salmon set gillnet fishery ...... A. Gillnet B. Salmon hook and line fishery .... B. Hook and line C. Longline fishery ...... C. Longline C. Trawl fishery ...... C. Trawl D. BS and AI pot/trap fishery ...... D. Pot, trap D. Recreational fishery ...... D. Rod and reel BS and AI Groundfish Fishery (Non- West Coast Groundfish FMP: FMP): A. Pacific groundfish trawl fishery .. A. Trawl Recreational fishery ...... Handline, rod and B. Set gillnet fishery ...... B. Gillnet reel, hook and C. Groundfish longline/setline fish- C. Longline line, pot, trap ery. Gulf of Alaska (GOA) Groundfish Fish- D. Groundfish handline/hook and D. Handline, hook ery (FMP): line fishery. and line A. Groundfish trawl fishery ...... A. Trawl E. Groundfish pot/trap fishery ...... E. Pot, trap B. Bottomfish hook-and-line and B. Hook and line, F. Recreational fishery ...... F. Rod and reel, handline. handline handline, spear, C. Longline fishery ...... C. Longline hook and line D. GOA pot/trap fishery ...... D. Pot/trap Northern Anchovy Fishery (FMP) ...... Purse seine, E. Recreational fishery ...... E. Handline, rod lampara net and reel, hook Angel Shark, White Croaker, California Gillnet and line, pot, trap Halibut, White Sea Bass, Pacific Pacific Halibut (Non-FMP): Mackerel Large-Mesh Set Net Fish- Hook and line, jig and troll fishery .. Hook and line, and ery (Non-FMP). jig Thresher Shark/ Swordfish Drift Gillnet Gillnet Alaska High Seas Salmon FMP: Fishery (Non-FMP). Pacific Shrimp/Prawn (Non-FMP): Hook and line fishery ...... Hook and line A. Pot/trap fishery ...... A. Pot/trap Alaska Salmon (Non-FMP) B. Trawl fishery ...... B. Trawl A. Alaska salmon hook and line A. Hook and line Lobster, Rock Crab Pot/Trap Fishery Pot, trap fishery. (Non-FMP). B. Alaska salmon gillnet fishery ..... B. Gillnet Pacific Halibut (Non-FMP): C. Alaska salmon purse seine fish- C. Purse seine A. Longline/setline fishery ...... A. Longline/setline ery. B. Hook-and-line fishery ...... B. Hook-and-line D. Recreational fishery ...... D. Handline, rod California Halibut Trawl and Trammel Trawl and trammel and reel, hook Net Fishery. net and line Shark/Bonito Longline/Setline Fishery Longline. Finfish Purse Seine Fishery (Non-FMP) Purse seine (Non-FMP). Octopus/Squid Longline Fishery (Non- Longline Dungeness Crab Pot/Trap Fishery Pot, trap FMP). (Non-FMP). Finfish Handline/Hook and Line Fishery Handline, hook and Hagfish Trap/Pot Fishery (Non-FMP) .... Trap, pot (Non-FMP). line Pacific Albacore, Other Tuna Hook and Hook and line. Recreational Fishery (Non-FMP) ...... Handline, rod and Line Fishery (Non-FMP). reel, hook line Pacific Swordfish Harpoon Fishery Harpoon. (Non-FMP). Western Pacific Fishery Management Council Pacific Scallop Dredge Fishery (Non- Dredge FMP). Western Pacific Crustacean FMP Lob- Trap Pacific Yellowfin, Skipjack Tuna, Purse Purse seine. ster Fishery. Seine Fishery (Non-FMP). Western Pacific Crustacean (Non- Market Squid Fishery (Non-FMP) ...... Purse seine; dip FMP): net A. Commercial fishery ...... A. Gillnet, hand Pacific Sardine, Pacific ...... Purse seine harvest, hoop Mackerel, Pacific Saury, Pacific Bonito, net, spear, snare, Jack mackerel, Purse Seine Fishery trap, trawl (Non-FMP): B. Recreational fishery ...... B. Gillnet, hand Finfish and Shellfish Live Trap, Trap, handline, harvest, hoop Hook and line/Handline Fishery hook and line (Non-FMP). net, spear, snare, Recreational Fishery (Non-FMP) ...... Spear, trap, trap handline, pot, C. Charter fishery ...... C. Hand harvest, hook and line, spear rod and reel Western Pacific Precious Corals FMP: A. Tangle net dredge fishery ...... A. Tangle net North Pacific Fishery Management Council dredge B. Submersible fishery ...... B. Submersibles Alaska Scallop Fishery (FMP) ...... Dredge, diving gear C. Coral Dive/Hand Collection C. Hand harvest Bering Sea (BS) and Aleutian Islands Fishery. only (AI) King and Tanner Crab Fishery D. Recreational fishery ...... D. Hand harvest FMP: only
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Allowable gear Allowable gear Fishery types Fishery types
Western Pacific Precious Corals (Non- Hand harvest, sub- Western Pacific Coastal Pelagics (Non Bandit gear, buoy FMP). mersible, tangle FMP). gear, dip, net, net dredge gillnet, handline, Western Pacific Bottomfish/Seamount hook and line, Groundfish FMP: hoop net, A. Bottomfish hook and line fishery A. Bandit gear, lampara net, buoy gear, purse seine, rod handline, hook and reel, spear and line, rod and Western Pacific Squid/Octopus (Non Bandit gear, hand reel FMP). harvest, hook B. Seamount groundfish fishery ..... B. Longline, trawl and line, rod and C. Bottom longline fishery ...... C. Longline reel, spear, trap D. Trap fishery ...... D. Trap Western Pacific Shallow Reef (Non Allowable chemical, FMP). barrier net, dip E. Spear fishery ...... E. Spear, net, gillnet, hand powerhead harvest, seine, Western Pacific Bottomfish/Seamount slurp gun, trap Groundfish (Non-FMP): A. Commercial fishery ...... A. Bandit gear, Secretary of Commerce buoy gear, gillnet, handline, Atlantic Tunas, Swordfish and Sharks hook-and-line, FMP: longline, rod and A. Swordfish handgear fishery ...... A. Rod and reel, reel, spear, trap harpoon, B. Recreational fishery ...... B. Bandit gear, handline, bandit buoy gear, gear. Gillnet, handline, B. Pelagic longline fishery ...... B. Longline. hook-and-line, C. Shark drift gillnet fishery ...... C. Gillnet. longline, rod and D. Shark bottom longline fishery .... D. Longline. reel, spear, trap E. Shark handgear fishery ...... E. Rod and reel, C. Charter fishery ...... C. Bandit gear, handline, bandit buoy gear, gear. handline, hook- and-line, rod and F. Tuna purse seine fishery ...... F. Purse seine. reel, spear G. Tuna recreational fishery ...... G. Rod and reel, handline. Western Pacific Pelagics FMP: H. Tuna handgear fishery ...... H. Rod and reel, A. Longline fishery ...... A. Longline harpoon, B. Hook and line fishery ...... B. Bandit gear, handline, bandit buoy gear, gear. handline, hook I. Tuna harpoon fishery ...... I. Harpoon. and line, rod and reel Atlantic Billfish FMP: Recreational fishery ...... Rod and reel. C. Purse seine fishery ...... C. Lampara, purse seine D. Spear fishery ...... D. Spear, [61 FR 32540, June 24, 1996, as amended at 63 powerhead FR 7075, Feb. 12, 1998; 63 FR 27217; May 18, Western Pacific Pelagics (Non-FMP): 1998; 64 FR 4037, Jan. 27, 1999; 64 FR 29134, A. Recreational fishery ...... A. Bandit gear, buoy gear, dip May 28, 1999] net, handline, EFFECTIVE DATE NOTE: At 64 FR 4037, Jan. hook and line, 27, 1999, § 600.725 was amended by adding hoop net, powerhead, rod paragraph (v), and at 64 FR 29134, May 28, and reel, spear 1999, paragraph (v) was amended, both effec- B. Commercial fishery ...... B. Bandit gear, tive July 26, 1999. At 64 FR 40781, July 28, buoy gear, dip 1999, the effective date was delayed until net, handline, Dec. 1, 1999. hook and line, hoop net, powerhead, rod § 600.730 Facilitation of enforcement. and reel, spear (a) General. The operator of, or any C. Charter fishery ...... C. Bandit gear, other person aboard, any fishing vessel buoy gear, dip net, handline, subject to parts 622 through 699 of this hook and line, chapter must immediately comply hoop net, with instructions and signals issued by powerhead, rod and reel, spear an authorized officer to stop the vessel and with instructions to facilitate safe boarding and inspection of the vessel, its gear, equipment, fishing record
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(where applicable), and catch for pur- ized officer and his/her party to come poses of enforcing the Magnuson-Ste- aboard. vens Act or any other statute adminis- (4) When necessary to facilitate the tered by NOAA and this chapter. boarding or when requested by an au- (b) Communications. (1) Upon being thorized officer or observer, provide a approached by a USCG vessel or air- manrope or safety line, and illumina- craft, or other vessel or aircraft with tion for the ladder. an authorized officer aboard, the oper- (5) Take such other actions as nec- ator of a fishing vessel must be alert essary to facilitate boarding and to en- for communications conveying enforce- sure the safety of the authorized officer ment instructions. and the boarding party. (2) VHF–FM radiotelephone is the (d) Signals. The following signals, ex- tracted from the International Code of preferred method for communicating Signals, may be sent by flashing light between vessels. If the size of the vessel by an enforcement unit when condi- and the wind, sea, and visibility condi- tions do not allow communications by tions allow, a loudhailer may be used loudhailer or radiotelephone. Knowl- instead of the radio. Hand signals, plac- edge of these signals by vessel opera- ards, high frequency radiotelephone, or tors is not required. However, knowl- voice may be employed by an author- edge of these signals and appropriate ized officer, and message blocks may be action by a vessel operator may pre- dropped from an aircraft. clude the necessity of sending the sig- (3) If other communications are not nal ‘‘L’’ and the necessity for the ves- practicable, visual signals may be sel to stop instantly. (Period (.) means transmitted by flashing light directed a short flash of light; dash (-) means a at the vessel signaled. USCG units will long flash of light.) normally use the flashing light signal (1) ‘‘AA’’ repeated (.-.-) is the call to ‘‘L’’ as the signal to stop. In the Inter- an unknown station. The operator of national Code of Signals, ‘‘L’’ (.–..) the signaled vessel should respond by means ‘‘you should stop your vessel in- identifying the vessel by radio- stantly.’’ (Period (.) means a short telephone or by illuminating the ves- flash of light; dash (–) means a long sel’s identification. flash of light.) (2) ‘‘RY–CY’’ (.-. -.— -.-. -.—) means (4) Failure of a vessel’s operator ‘‘you should proceed at slow speed, a promptly to stop the vessel when di- boat is coming to you.’’ This signal is rected to do so by an authorized officer normally employed when conditions using loudhailer, radiotelephone, flash- allow an enforcement boarding without ing light signal, or other means con- the necessity of the vessel being stitutes prima facie evidence of the of- boarded coming to a complete stop, or, fense of refusal to permit an authorized in some cases, without retrieval of fish- officer to board. ing gear which may be in the water. (5) The operator of a vessel who does (3) ‘‘SQ3’’ (... —.- ...—) means ‘‘you not understand a signal from an en- should stop or heave to; I am going to forcement unit and who is unable to board you.’’ obtain clarification by loudhailer or [61 FR 32540, June 24, 1996, as amended at 61 radiotelephone must consider the sig- FR 37225, July 17, 1996; 63 FR 7075, Feb. 12, nal to be a command to stop the vessel 1998] instantly. (c) Boarding. The operator of a vessel § 600.735 Penalties. directed to stop must: Any person committing, or fishing (1) Guard Channel 16, VHF–FM, if so vessel used in the commission of a vio- equipped. lation of the Magnuson-Stevens Act or (2) Stop immediately and lay to or any other statute administered by maneuver in such a way as to allow the NOAA and/or any regulation issued authorized officer and his/her party to under the Magnuson-Stevens Act, is come aboard. subject to the civil and criminal pen- (3) Except for those vessels with a alty provisions and civil forfeiture pro- freeboard of 4 ft (1.2 m) or less, provide visions of the Magnuson-Stevens Act, a safe ladder, if needed, for the author- to this section, to 15 CFR part 904
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(Civil Procedures), and to other appli- against the fishing vessel permit to be cable law. the carrying out of a purpose separate [61 FR 32540, June 24, 1996, as amended at 63 from that accomplished by civil and FR 7075, Feb. 12, 1998] criminal penalties against the vessel or its owner or operator. § 600.740 Enforcement policy. [61 FR 32540, June 24, 1996, as amended at 63 (a) The Magnuson-Stevens Act pro- FR 7075, Feb. 12, 1998] vides four basic enforcement remedies for violations, in ascending order of se- § 600.745 Scientific research activity, verity, as follows: exempted fishing, and exempted (1) Issuance of a citation (a type of educational activity. warning), usually at the scene of the (a) Scientific research activity. Nothing offense (see 15 CFR part 904, subpart E). in this section is intended to inhibit or (2) Assessment by the Administrator prevent any scientific research activity of a civil money penalty. conducted by a scientific research ves- (3) For certain violations, judicial sel. Persons planning to conduct sci- forfeiture action against the vessel and entific research activities in the EEZ its catch. are encouraged to submit to the appro- (4) Criminal prosecution of the owner priate Regional Administrator, Direc- or operator for some offenses. It shall tor, or designee, 60 days or as soon as be the policy of NMFS to enforce vigor- practicable prior to its start, a sci- ously and equitably the provisions of entific research plan for each scientific the Magnuson-Stevens Act by utilizing that form or combination of authorized cruise. The Regional Administrator, remedies best suited in a particular Director, or designee will acknowledge case to this end. notification of scientific research ac- (b) Processing a case under one reme- tivity by issuing to the operator or dial form usually means that other master of that vessel, or to the spon- remedies are inappropriate in that soring institution, a letter of acknowl- case. However, further investigation or edgment. This letter of acknowledg- later review may indicate the case to ment is separate and distinct from any be either more or less serious than ini- permit required by any other applica- tially considered, or may otherwise re- ble law. If the Regional Administrator, veal that the penalty first pursued is Director, or designee, after review of a inadequate to serve the purposes of the research plan, determines that it does Magnuson-Stevens Act. Under such cir- not constitute scientific research but cumstances, the Agency may pursue rather fishing, the Regional Adminis- other remedies either in lieu of or in trator, Director, or designee will in- addition to the action originally taken. form the applicant as soon as prac- Forfeiture of the illegal catch does not ticable and in writing. The Regional fall within this general rule and is con- Administrator, Director, or designee sidered in most cases as only the ini- may also make recommendations to re- tial step in remedying a violation by vise the research plan to make the removing the ill-gotten gains of the of- cruise acceptable as scientific research fense. activity or recommend the applicant (c) If a fishing vessel for which a per- request an EFP. In order to facilitate mit has been issued under the Magnu- identification of activity as scientific son-Stevens Act is used in the commis- research, persons conducting scientific sion of an offense prohibited by section research activities are advised to carry 307 of the Magnuson-Stevens Act, a copy of the scientific research plan NOAA may impose permit sanctions, and the letter of acknowledgment on whether or not civil or criminal action board the scientific research vessel. has been undertaken against the vessel Activities conducted in accordance or its owner or operator. In some cases, with a scientific research plan ac- the Magnuson-Stevens Act requires knowledged by such a letter are pre- permit sanctions following the assess- sumed to be scientific research activ- ment of a civil penalty or the imposi- ity. The presumption may be overcome tion of a criminal fine. In sum, the by showing that an activity does not Magnuson-Stevens Act treats sanctions fit the definition of scientific research
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activity or is outside the scope of the each vessel, or the information con- scientific research plan. tained on the appropriate document. (b) Exempted fishing.—(1) General. A (B) The current name, address, and NMFS Regional Administrator or Di- telephone number of the owner and rector may authorize, for limited test- master, if not included on the docu- ing, public display, data collection, ex- ment provided for the vessel. ploratory, health and safety, environ- (v) The species (target and inci- mental cleanup, and/or hazard removal dental) expected to be harvested under purposes, the target or incidental har- the EFP, the amount(s) of such harvest vest of species managed under an FMP necessary to conduct the exempted or fishery regulations that would oth- fishing, the arrangements for disposi- erwise be prohibited. Exempted fishing tion of all regulated species harvested may not be conducted unless author- under the EFP, and any anticipated ized by an EFP issued by a Regional impacts on marine mammals or endan- Administrator or Director in accord- gered species. ance with the criteria and procedures (vi) For each vessel covered by the specified in this section. The Regional EFP, the approximate time(s) and Administrator or Director may charge place(s) fishing will take place, and the a fee to recover the administrative ex- type, size, and amount of gear to be penses of issuing an EFP. The amount used. of the fee will be calculated, at least (vii) The signature of the applicant. annually, in accordance with proce- (viii) The Regional Administrator or dures of the NOAA Handbook for deter- Director, as appropriate, may request mining administrative costs of each from an applicant additional informa- special product or service; the fee may tion necessary to make the determina- not exceed such costs. Persons may tions required under this section. An contact the appropriate Regional Ad- incomplete application or an applica- ministrator or Director to find out the tion for which the appropriate fee has applicable fee. not been paid will not be considered (2) Application. An applicant for an until corrected in writing and the fee EFP shall submit a completed applica- paid. An applicant for an EFP need not tion package to the appropriate Re- be the owner or operator of the ves- gional Administrator or Director, as sel(s) for which the EFP is requested. soon as practicable and at least 60 days (3) Issuance. (i) The Regional Admin- before the desired effective date of the istrator or Director, as appropriate, EFP. Submission of an EFP applica- will review each application and will tion less than 60 days before the de- make a preliminary determination sired effective date of the EFP may re- whether the application contains all of sult in a delayed effective date because the required information and con- of review requirements. The applica- stitutes an activity appropriate for fur- tion package must include payment of ther consideration. If the Regional Ad- any required fee as specified by para- ministrator or Director finds that any graph (b)(1) of this section, and a writ- application does not warrant further ten application that includes, but is consideration, both the applicant and not limited to, the following informa- the affected Council(s) will be notified tion: in writing of the reasons for the deci- (i) The date of the application. sion. If the Regional Administrator or (ii) The applicant’s name, mailing ad- Director determines that any applica- dress, and telephone number. tion warrants further consideration, (iii) A statement of the purposes and notification of receipt of the applica- goals of the exempted fishery for which tion will be published in the FEDERAL an EFP is needed, including justifica- REGISTER with a brief description of tion for issuance of the EFP. the proposal, and the intent of NMFS (iv) For each vessel to be covered by to issue an EFP. Interested persons the EFP, as soon as the information is will be given a 15- to 45-day oppor- available and before operations begin tunity to comment and/or comments under the EFP: will be requested during public testi- (A) A copy of the USCG documenta- mony at a Council meeting. The notifi- tion, state license, or registration of cation may establish a cut-off date for
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receipt of additional applications to (C) Issuance of the EFP would have participate in the same, or a similar, economic allocation as its sole pur- exempted fishing activity. The Re- pose; or gional Administrator or Director also (D) Activities to be conducted under will forward copies of the application the EFP would be inconsistent with to the Council(s), the USCG, and the the intent of this section, the manage- appropriate fishery management agen- ment objectives of the FMP, or other cies of affected states, accompanied by applicable law; or the following information: (E) The applicant has failed to dem- (A) The effect of the proposed EFP on onstrate a valid justification for the the target and incidental species, in- permit; or cluding the effect on any TAC. (F) The activity proposed under the (B) A citation of the regulation or EFP could create a significant enforce- regulations that, without the EFP, ment problem. would prohibit the proposed activity. (iv) The decision of a Regional Ad- (C) Biological information relevant ministrator or Director to grant or to the proposal, including appropriate deny an EFP is the final action of statements of environmental impacts, NMFS. If the permit, as granted, is sig- including impacts on marine mammals nificantly different from the original and threatened or endangered species. application, or is denied, NMFS may (ii) If the application is complete and publish notification in the FEDERAL warrants additional consultation, the REGISTER describing the exempted fish- Regional Administrator or Director ing to be conducted under the EFP or may consult with the appropriate the reasons for denial. Council(s) concerning the permit appli- (v) The Regional Administrator or cation during the period in which com- Director may attach terms and condi- ments have been requested. The Coun- tions to the EFP consistent with the cil(s) or the Administrator or Regional purpose of the exempted fishing, in- Administrator shall notify the appli- cluding, but not limited to: cant in advance of any meeting at (A) The maximum amount of each which the application will be consid- regulated species that can be harvested ered, and offer the applicant the oppor- and landed during the term of the EFP, tunity to appear in support of the ap- including trip limitations, where ap- plication. propriate. (iii) As soon as practicable after re- (B) The number, size(s), name(s), and ceiving responses from the agencies identification number(s) of the ves- identified in paragraph (b)(3)(i) of this sel(s) authorized to conduct fishing ac- section, and/or after the consultation, tivities under the EFP. if any, described in paragraph (b)(3)(ii) (C) The time(s) and place(s) where ex- of this section, the Regional Adminis- empted fishing may be conducted. trator or Director shall notify the ap- (D) The type, size, and amount of plicant in writing of the decision to gear that may be used by each vessel grant or deny the EFP, and, if denied, operated under the EFP. the reasons for the denial. Grounds for (E) The condition that observers, a denial of an EFP include, but are not vessel monitoring system, or other limited to, the following: electronic equipment be carried on (A) The applicant has failed to dis- board vessels operated under an EFP, close material information required, or and any necessary conditions, such as has made false statements as to any predeployment notification require- material fact, in connection with his or ments. her application; or (F) Reasonable data reporting re- (B) According to the best scientific quirements. information available, the harvest to (G) Other conditions as may be nec- be conducted under the permit would essary to assure compliance with the detrimentally affect the well-being of purposes of the EFP, consistent with the stock of any regulated species of the objectives of the FMP and other fish, marine mammal, or threatened or applicable law. endangered species in a significant (H) Provisions for public release of way; or data obtained under the EFP that are
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consistent with NOAA confidentiality ization is the final action of NMFS. Ex- of statistics procedures at set out in empted educational activities may not subpart E. An applicant may be re- be conducted unless authorized in writ- quired to waive the right to confiden- ing by a Regional Administrator or Di- tiality of information gathered while rector in accordance with the criteria conducting exempted fishing as a con- and procedures specified in this sec- dition of an EFP. tion. Such authorization will be issued (4) Duration. Unless otherwise speci- without charge. fied in the EFP or a superseding notice (2) Application. An applicant for an or regulation, an EFP is effective for exempted educational activity author- no longer than 1 year, unless revoked, ization shall submit to the appropriate suspended, or modified. EFPs may be Regional Administrator or Director, at renewed following the application pro- least 15 days before the desired effec- cedures in this section. tive date of the authorization, a writ- (5) Alteration. Any permit that has ten application that includes, but is been altered, erased, or mutilated is in- not limited to, the following informa- valid. tion: (6) Transfer. EFPs issued under this (i) The date of the application. section are not transferable or assign- able. An EFP is valid only for the ves- (ii) The applicant’s name, mailing ad- sel(s) for which it is issued. dress, and telephone number. (7) Inspection. Any EFP issued under (iii) A brief statement of the purposes this section must be carried on board and goals of the exempted educational the vessel(s) for which it was issued. activity for which authorization is re- The EFP must be presented for inspec- quested, including a general descrip- tion upon request of any authorized of- tion of the arrangements for disposi- ficer. tion of all species collected. (8) Sanctions. Failure of a permittee (iv) Evidence that the sponsoring in- to comply with the terms and condi- stitution is a valid educational institu- tions of an EFP may be grounds for tion, such as accreditation by a recog- revocation, suspension, or modification nized national or international accredi- of the EFP with respect to all persons tation body. and vessels conducting activities under (v) The scope and duration of the ac- the EFP. Any action taken to revoke, tivity. suspend, or modify an EFP for enforce- (vi) For each vessel to be covered by ment purposes will be governed by 15 the authorization: CFR part 904, subpart D. (A) A copy of the U.S. Coast Guard (c) Reports. (1) Persons conducting documentation, state license, or reg- scientific research activity are re- istration of the vessel, or the informa- quested to submit a copy of any cruise tion contained on the appropriate doc- report or other publication created as a ument. result of the cruise, including the (B) The current name, address, and amount, composition, and disposition telephone number of the owner and of their catch, to the appropriate master, if not included on the docu- Science and Research Director. ment provided for the vessel. (2) Persons fishing under an EFP are required to report their catches to the (vii) The species and amounts ex- appropriate Regional Administrator or pected to be caught during the exempt- Director, as specified in the EFP. ed educational activity. (d) Exempted educational activities—(1) (viii) For each vessel covered by the General. A NMFS Regional Adminis- authorization, the approximate time(s) trator or Director may authorize, for and place(s) fishing will take place, and educational purposes, the target or in- the type, size, and amount of gear to be cidental harvest of species managed used. under an FMP or fishery regulations (ix) The signature of the applicant. that would otherwise be prohibited. (x) The Regional Administrator or The decision of a Regional Adminis- Director may request from an appli- trator or Director to grant or deny an cant additional information necessary exempted educational activity author- to make the determinations required
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under this section. An incomplete ap- pended, or modified. Authorizations plication will not be considered until may be renewed following the applica- corrected in writing. tion procedures in this section. (3) Issuance. (i) The Regional Admin- (5) Alteration. Any authorization that istrator or Director, as appropriate, has been altered, erased, or mutilated will review each application and will is invalid. make a determination whether the ap- (6) Transfer. Authorizations issued plication contains all of the required under this paragraph (d) are not trans- information, is consistent with the ferable or assignable. goals, objectives, and requirements of (7) Inspection. Any authorization the FMP or regulations and other ap- issued under this paragraph (d) must be plicable law, and constitutes a valid ex- carried on board the vessel(s) for which empted educational activity. The ap- it was issued or be in possession of the plicant will be notified in writing of applicant to which it was issued while the decision within 5 working days of the exempted educational activity is receipt of the application. being conducted. The authorization (ii) The Regional Administrator or must be presented for inspection upon Director may attach terms and condi- request of any authorized officer. Ac- tions to the authorization, consistent tivities that meet the definition of with the purpose of the exempted edu- fishing, despite an educational purpose, cational activity, including, but not are fishing. An authorization may limited to: allow covered fishing activities; how- (A) The maximum amount of each ever, fishing activities conducted out- regulated species that may be har- side the scope of an authorization for vested. exempted educational activities are il- (B) The time(s) and place(s) where legal. the exempted educational activity may be conducted. [61 FR 32540, June 24, 1996, as amended at 63 (C) The type, size, and amount of FR 7075, Feb. 12, 1998] gear that may be used by each vessel § 600.746 Observers. operated under the authorization. (D) Reasonable data reporting re- (a) Applicability. This section applies quirements. to any fishing vessel required to carry (E) Such other conditions as may be an observer as part of a mandatory ob- necessary to assure compliance with server program or carrying an observer the purposes of the authorization, con- as part of a voluntary observer pro- sistent with the objectives of the FMP gram under the Magnuson-Stevens Act, or regulations. MMPA (16 U.S.C. 1361 et seq.), the ATCA (F) Provisions for public release of (16 U.S.C. 971 et seq.), the South Pacific data obtained under the authorization, Tuna Act of 1988 (16 U.S.C. 973 et seq.), consistent with NOAA confidentiality or any other U.S. law. of statistics procedures in subpart E. (b) Observer requirement. An observer An applicant may be required to waive is not required to board, or stay the right to confidentiality of informa- aboard, a vessel that is unsafe or inad- tion gathered while conducting ex- equate as described in paragraph (c) of empted educational activities as a con- this section. dition of the authorization. (c) Inadequate or unsafe vessels. (1) A (iii) The authorization will specify vessel is inadequate or unsafe for pur- the scope of the authorized activity poses of carrying an observer and al- and will include, at a minimum, the lowing operation of normal observer duration, vessel(s), species and gear in- functions if it does not comply with volved in the activity, as well as any the applicable regulations regarding additional terms and conditions speci- observer accommodations (see 50 CFR fied under paragraph (d)(3)(ii) of this parts 229, 285, 300, 600, 622, 648, 660, 678, section. and 679) or if it has not passed a USCG (4) Duration. Unless otherwise speci- safety examination or inspection. A fied, authorization for an exempted vessel that has passed a USCG safety educational activity is effective for no examination or inspection must dis- longer than 1 year, unless revoked, sus- play one of the following:
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(i) A current Commercial Fishing observer is disembarking from the ves- Vessel Safety Examination decal, sel. issued within the last 2 years, that cer- (f) Effect of inadequate or unsafe sta- tifies compliance with regulations tus. A vessel that would otherwise be found in 33 CFR, chapter I and 46 CFR, required to carry an observer, but is in- chapter I; adequate or unsafe for purposes of car- (ii) A certificate of compliance issued rying an observer and for allowing op- pursuant to 46 CFR 28.710; or eration of normal observer functions, is (iii) A valid certificate of inspection prohibited from fishing without ob- pursuant to 46 U.S.C. 3311. server coverage. (2) Upon request by an observer, a [63 FR 27217, May 18, 1998] NMFS employee, or a designated ob- server provider, a vessel owner/oper- § 600.747 Guidelines and procedures ator must provide correct information for determining new fisheries and concerning any item relating to any gear. safety or accommodation requirement (a) General. Section 305(a) of the Mag- prescribed by law or regulation. A ves- nuson-Stevens Act requires the Sec- sel owner or operator must also allow retary to prepare a list of all fisheries an observer, a NMFS employee, or a under the authority of each Council, or designated observer provider to vis- the Director in the case of Atlantic ually examine any such item. highly migratory species, and all gear (3) Pre-trip safety check. Prior to each used in such fisheries. This section con- observed trip, the observer is encour- tains guidelines in paragraph (b) for de- aged to briefly walk through the ves- termining when fishing gear or a fish- sel’s major spaces to ensure that no ob- ery is sufficiently different from those viously hazardous conditions exist. In listed in § 600.725(v) as to require notifi- addition, the observer is encouraged to cation of a Council or the Director in spot check the following major items order to use the gear or participate in for compliance with applicable USCG the unlisted fishery. This section also regulations: contains procedures in paragraph (c) (i) Personal flotation devices/immer- for notification of a Council or the Di- sion suits; rector of potentially new fisheries or (ii) Ring buoys; gear, and for amending the list of fish- eries and gear. (iii) Distress signals; (b) Guidelines. The following guidance (iv) Fire extinguishing equipment; establishes the basis for determining (v) Emergency position indicating when fishing gear or a fishery is suffi- radio beacon (EPIRB), when required; ciently different from those listed to and require notification of the appropriate (vi) Survival craft, when required. Council or the Director. (d) Corrective measures. If a vessel is (1) The initial step in the determina- inadequate or unsafe for purposes of tion of whether a fishing gear or fish- carrying an observer and allowing op- ery is sufficiently different to require eration of normal observer functions, notification is to compare the gear or NMFS may require the vessel owner or fishery in question to the list of au- operator either to: thorized fisheries and gear in (1) Submit to and pass a USCG safety § 600.725(v) and to the existing gear defi- examination or inspection; or nitions in § 600.10. (2) Correct the deficiency that is ren- (2) If the gear in question falls within dering the vessel inadequate or unsafe the bounds of a definition in § 600.10 for (e.g., if the vessel is missing one per- an allowable gear type within that sonal flotation device, the owner or op- fishery, as listed under § 600.725(v), then erator could be required to obtain an the gear is not considered different, is additional one), before the vessel is considered allowable gear, and does not boarded by the observer. require notification of the Council or (e) Timing. The requirements of this Secretary 90 days before it can be used section apply both at the time of the in that fishery. observer’s boarding, at all times the (3) If, for any reason, the gear is not observer is aboard, and at the time the consistent with a gear definition for a
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listed fishery as described in paragraph (F) The area(s) in which the gear will (b)(2) of this section, the gear is consid- be fished. ered different and requires Council or (G) The anticipated bycatch species Secretarial notification as described in associated with the gear, including pro- paragraph (c) of this section 90 days be- tected species, such as marine mam- fore it can be used in that fishery. mals, sea turtles, sea birds, or species (4) If a fishery falls within the bounds listed as endangered or threatened of the list of authorized fisheries and under the ESA. gear in § 600.725(v) under the Council’s (H) How the gear will be deployed and or Secretary’s authority, then the fish- fished, including the portions of the ery is not considered different, is con- marine environment where the gear sidered an allowable fishery and does will be deployed (surface, midwater, not require notification of the Council and bottom). or Director before that fishery can occur. (iii) Failure to submit complete and (5) If a fishery is not already listed in accurate information will result in a the list of authorized fisheries and gear delay in beginning the 90-day notifica- in § 600.725(v), then the fishery is con- tion period. The 90-day notification pe- sidered different and requires notifica- riod will not begin until the informa- tion as described in paragraph (c) of tion received is determined to be accu- this section 90 days before it can occur. rate and complete. (c) Procedures. If a gear or fishery (3) Action upon receipt of notification. does not appear on the list in (i) Species other than Atlantic Highly Mi- § 600.725(v), or if the gear is different gratory Species. (A) Upon signing a re- from that defined in § 600.10, the proc- turn receipt of the notification by cer- ess for notification, and consideration tified mail regarding an unlisted fish- by a Council or the Director, is as fol- ery or gear, a Council must imme- lows: diately begin consideration of the noti- (1) Notification. After July 26, 1999, no fication and send a copy of the notifi- person or vessel may employ fishing cation to the appropriate Regional Ad- gear or engage in a fishery not included ministrator. on the list of approved gear types in (B) If the Council finds that the use § 600.725(v) without notifying the appro- of an unlisted gear or participation in priate Council or the Director at least a new fishery would not compromise 90 days before the intended use of that the effectiveness of conservation and gear. management efforts, it shall: (2) Notification procedures. (i) A signed (1) Recommend to the RA that the return receipt for the notice serves as list be amended; adequate evidence of the date that the (2) Provide rationale and supporting notification was received by the appro- analysis, as necessary, for proper con- priate Council or the Director, in the sideration of the proposed amendment; case of Atlantic highly migratory spe- and cies, and establishes the beginning of the 90-day notification period, unless (3) Provide a draft proposed rule for required information in the notifica- notifying the public of the proposed ad- tion is incomplete. dition, with a request for comment. (ii) The notification must include: (C) If the Council finds that the pro- (A) Name, address, and telephone posed gear or fishery will be detri- number of the person submitting the mental to conservation and manage- notification. ment efforts, it will recommend to the (B) Description of the gear. RA that the authorized list of fisheries (C) The fishery or fisheries in which and gear not be amended, that a pro- the gear is or will be used. posed rule not be published, give rea- (D) A diagram and/or photograph of sons for its recommendation of a dis- the gear, as well as any specifications approval, and may request NMFS to and dimensions necessary to define the publish emergency or interim regula- gear. tions, and begin preparation of an FMP (E) The season(s) in which the gear or amendment to an FMP, if appro- will be fished. priate.
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(D) After considering information in (ii) If disapproved, NMFS will with- the notification and Council’s rec- draw the proposed rule, notify the ap- ommendation, NMFS will decide plicant and the Council, if appropriate, whether to publish a proposed rule. If of the disapproval; publish emergency information on the new gear or fishery or interim regulations, if necessary, to being considered indicates it is likely prohibit or restrict the use of gear or that it will compromise conservation the participation in a fishery; and ei- and management efforts under the ther notify the Council of the need to Magnuson-Stevens Act, and no addi- amend an FMP or prepare an amend- tional new information is likely to be ment to an FMP in the case of Atlantic gained from a public comment period, highly migratory species. then a proposed rule will not be pub- lished and NMFS will notify the appro- [64 FR 4043, Jan. 27, 1999] priate Council. In such an instance, NMFS will publish emergency or in- Subpart I—Fishery Negotiation terim regulations to prohibit or re- Panels strict use of the gear or participation in the fishery. If NMFS determines SOURCE: 62 FR 23669, May 1, 1997, unless that the proposed amendment is not otherwise noted. likely to compromise conservation and management efforts under the Magnu- § 600.750 Definitions. son-Stevens Act, NMFS will publish a proposed rule in the FEDERAL REGISTER Consensus means unanimous concur- with a request for public comment. rence among the members on a Fishery (ii) Atlantic Highly Migratory Species. Negotiation Panel established under (A) Upon signing a return receipt of the this rule, unless such Panel: notification by certified mail regarding (1) Agrees to define such term to an unlisted fishery or gear for Atlantic mean a general but not unanimous con- highly migratory species (HMS), NMFS currence; or will immediately begin consideration (2) agrees upon another specified defi- of the notification. nition. (B) Based on information in the noti- Fishery negotiation panel (FNP) means fication and submitted by the Council, an advisory committee established by NMFS will make a determination one or more Councils or the Secretary whether the use of an unlisted gear or in accordance with these regulations to participation in an unlisted HMS fish- assist in the development of fishery ery will compromise the effectiveness conservation and management meas- of conservation and management ef- ures. forts under the Magnuson-Stevens Act. Interest means, with respect to an If it is determined that the proposed issue or matter, multiple parties that amendment will not compromise con- have a similar point of view or that are servation and management efforts, likely to be affected in a similar man- NMFS will publish a proposed rule. ner. (C) If NMFS finds that the proposed Report means a document submitted gear or fishery will be detrimental to by an FNP in accordance with the Mag- conservation and management efforts nuson-Stevens Act. in this initial stage of review, it will not publish a proposed rule and notify [62 FR 23669, May 1, 1997, as amended at 63 the applicant of the negative deter- FR 7075, Feb. 12, 1998] mination with the reasons therefor. (4) Final determination and publication § 600.751 Determination of need for a of a final rule. Following public com- fishery negotiation panel. ment, NMFS will approve or disapprove A Council or NMFS may establish an the amendment to the list of gear and FNP to assist in the development of fisheries. specific fishery conservation and man- (i) If approved, NMFS will publish a agement measures. In determining final rule in the FEDERAL REGISTER and whether to establish an FNP, NMFS or notify the applicant and the Council, if the Council, as appropriate, shall con- appropriate, of the final approval. sider whether:
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(a) There is a need for specific fishery and qualified to represent interests conservation and management meas- that will be significantly affected by ures. the potential conservation and man- (b) There are a limited number of agement measures relevant to the identifiable interests that will be sig- issues to be negotiated. The report and nificantly affected by the conservation any recommendations of the convener and management measure. shall be made available to the public (c) There is a reasonable likelihood upon request. that an FNP can be convened with a (c) Selection of facilitator. Notwith- balanced representation of persons standing section 10(e) of the Federal who: Advisory Committee Act (FACA), a (1) Can adequately represent the in- Council or NMFS may nominate a per- terests identified under paragraph (b) son trained in facilitation either from of this section. the Federal Government or from out- (2) Are willing to negotiate in good side the Federal Government to serve faith to reach a consensus on a report as an impartial, neutral facilitator for regarding the issues presented. the negotiations of the FNP, subject to (d) There is a reasonable likelihood the approval of the FNP, by consensus. that an FNP will reach The facilitator may be the same person a consensus on a report regarding the as the convener used under paragraph issues presented within 1 year from (a) of this section. If the FNP does not date of establishment of the FNP. approve the nominee of the Council or (e) The use of an FNP will not unrea- NMFS for facilitator, the FNP shall sonably delay Council or NMFS fishery submit a substitute nomination. If an management plan development or rule- FNP does not approve any nominee of making procedures. the Council or NMFS for facilitator, (f) The costs of establishment and op- the FNP shall select, by consensus, a eration of an FNP are reasonable when person to serve as facilitator. A person compared to fishery management plan designated to represent the Council or development or rulemaking procedures NMFS in substantive issues may not that do not use FNP procedures. serve as facilitator or otherwise chair (g) The Council or NMFS has ade- the FNP. quate resources and is willing to com- (d) Roles and duties of facilitator. A mit such resources, including technical facilitator shall: assistance, to an FNP. (h) The use of an FNP is in the public (1) Chair the meetings of the FNP in interest. an impartial manner. (2) Impartially assist the members of § 600.752 Use of conveners and the FNP in conducting discussions and facilitators. negotiations. (a) Purposes of conveners. A Council or (3) Manage the keeping of minutes NMFS may use the services of a and records as required under section trained convener to assist the Council 10(b) and (c) of FACA. or NMFS in: (1) Conducting discussions to identify the issues of concern, and to § 600.753 Notice of intent to establish a fishery negotiation panel. ascertain whether the establishment of an FNP regarding such matter is fea- (a) Publication of notice. If, after con- sible and appropriate. sidering the report of a convener or (2) Identifying persons who will be conducting its own assessment, a Coun- significantly affected by the issues pre- cil or NMFS decides to establish an sented in paragraph (a)(1) of this sec- FNP, NMFS shall publish in the FED- tion. ERAL REGISTER and, as appropriate, in (b) Duties of conveners. The convener trade or other specialized publications, shall report findings under paragraph a document that shall include: (a)(2) of this section and shall make (1) An announcement that the Coun- recommendations to the Council or cil or NMFS intends to establish an NMFS. Upon request of the Council or FNP to negotiate and develop a report NMFS, the convener shall ascertain concerning specific conservation and the names of persons who are willing management measures.
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(2) A description of the subject and ments and applications under this sec- scope of the conservation and manage- tion. ment measure, and the issues to be considered. § 600.754 Decision to establish a fish- (3) A list of the interests that are ery negotiation panel. likely to be significantly affected by (a) Determination to establish an FNP. the conservation and management If, after considering comments and ap- measure. plications submitted under § 600.753, the (4) A list of the persons proposed to Council or NMFS determines that an represent such interests and the person FNP can adequately represent the in- or persons proposed to represent the terests that will be significantly af- Council or NMFS. fected and that it is feasible and appro- (5) A proposed agenda and schedule priate in the particular case, the Coun- for completing the work of the FNP. cil or NMFS may establish an FNP. (6) A description of administrative (b) Determination not to establish FNP. support for the FNP to be provided by If, after considering such comments the Council or NMFS, including tech- and applications, the Council or NMFS nical assistance. decides not to establish an FNP, the (7) A solicitation for comments on Council or NMFS shall promptly pub- the proposal to establish the FNP, and lish notification of such decision and the proposed membership of the FNP. the reasons therefor in the FEDERAL (8) An explanation of how a person REGISTER and, as appropriate, in trade may apply or nominate another person or other specialized publications, a for membership on the FNP, as pro- copy of which shall be sent to any per- vided under paragraph (b) of this sec- son who applied for, or nominated an- tion. other person for membership on the (b) Nomination of members and public FNP to represent such interests with comment. Persons who may be signifi- respect to the issues of concern. cantly affected by the development of conservation and management measure § 600.755 Establishment of a fishery and who believe that their interests negotiation panel. will not be adequately represented by (a) General authority. (1) A Council any person specified in a document may establish an FNP to assist in the under paragraph (a)(4) of this section development of specific conservation may apply for, or nominate another and management measures for a fish- person for, membership on the FNP to ery under its authority. represent such interests. Each applica- (2) NMFS may establish an FNP to tion or nomination shall include: assist in the development of specific (1) The name of the applicant or conservation and management meas- nominee and a description of the inter- ures required for: ests such person shall represent. (i) A fishery for which the Secretary (2) Evidence that the applicant or has authority under section 304(e)(5) of nominee is authorized to represent par- the Magnuson-Stevens Act, regarding ties related to the interests the person rebuilding of overfished fisheries; proposes to represent. (ii) A fishery for which the Secretary (3) A written commitment that the has authority under 16 U.S.C. section applicant or nominee shall actively 304(g), regarding highly migratory spe- participate in good faith in the devel- cies; or opment of the conservation and man- (iii) Any fishery with the approval of agement measure under consideration. the appropriate Council. (4) The reasons that the persons spec- (b) Federal Advisory Committee Act ified in the document under paragraph (FACA) In establishing and admin- (a)(4) of this section do not adequately istering such an FNP, the Council or represent the interests of the person NMFS shall comply with the FACA submitting the application or nomina- with respect to such FNP. tion. (c) Balance. Each potentially affected (c) Public comment. The Council or organization or individual does not NMFS shall provide at least 30 cal- necessarily have to have its own rep- endar days for the submission of com- resentative, but each interest must be
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adequately represented. The intent is (c) Expenses of FNP members. Members to have a group that as a whole reflects of an FNP shall be responsible for their a proper balance and mix of interests. own expenses of participation in such Representatives must agree, in writing, an FNP, except that NMFS or the to negotiate in good faith. Council may, in accordance with sec- (d) Membership. The Council or NMFS tion 7(d) of FACA, pay for a member’s shall limit membership on an FNP to reasonable travel and per diem ex- no more than 25 members, unless the penses, and a reasonable rate of com- Council or NMFS determines that a pensation, if: greater number of members is nec- (1) Such member certifies a lack of essary for the functioning of the FNP adequate financial resources to partici- or to achieve balanced membership. pate in the FNP. Each FNP shall include at least one (2) The Council or NMFS determines person representing the Council in ad- that such member’s participation in dition to at least one person rep- the FNP is necessary to assure an ade- resenting NMFS. quate representation of the member’s § 600.756 Conduct and operation of a interest. fishery negotiation panel. (d) Administrative support. The Coun- cil or NMFS shall provide appropriate (a) Roles and duties of an FNP. Each administrative support to an FNP in- FNP shall consider the issue proposed by the Council or NMFS for consider- cluding technical assistance. ation and shall attempt to reach a con- § 600.758 Preparation of report. sensus concerning a report to assist in the development of a conservation and (a) At the conclusion of the negotia- management measure with respect to tions, an FNP may submit a report. such matter and any other matter the Such report shall specify: FNP determines is relevant to the de- (1) All the areas where consensus was velopment of a conservation and man- reached by the FNP, including, if ap- agement measure. An FNP may adopt propriate, proposed conservation and procedures for the operation of the management measures. FNP. (2) Any other information submitted (b) Roles and duties of representative of by members of the FNP. the council or NMFS. The person or per- (b) Upon receipt of the report, the sons representing the Council or NMFS Council or NMFS shall publish such re- on an FNP shall participate in the de- port in the FEDERAL REGISTER for pub- liberations and activities of the FNP lic comment. with the same rights and responsibil- ities as other members of the FNP, and § 600.759 Use of report. shall be authorized to fully represent the Council or NMFS in the discussions A Council or NMFS may, at its dis- and negotiations of the FNP. cretion, use all or a part of a report prepared in accordance with § 600.758 in § 600.757 Operational protocols. the development of conservation and management measures. Neither a (a) Services of conveners and Council nor NMFS, whichever is appro- facilitators. A Council or NMFS may priate, is required to use such report. employ or enter into contracts for the services of an individual or organiza- § 600.760 Fishery Negotiation Panel tion to serve as a convener or lifetime. facilitator for an FNP established under § 600.755, or may use the services (a) An FNP shall terminate upon ei- of a government employee to act as a ther: convener or a facilitator for such an (1) Submission of a report prepared in FNP. accordance with § 600.758; or (b) Councils. For an FNP proposed (2) Submission of a written state- and established by one or more Coun- ment from the FNP to the Council or cils approved expenses shall be paid out NMFS that no consensus can be of the Council’s operating budget. reached.
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(b) In no event shall an FNP exist for and § 600.10, the terms in this subpart longer than 1 year from the date of es- have the following meanings: tablishment unless granted an exten- Adverse effect means any impact sion. Upon written request by the FNP which reduces quality and/or quantity to the Council or NMFS, and written of EFH. Adverse effects may include di- authorization from the Council or rect (e.g., contamination or physical NMFS (whichever is appropriate), the disruption), indirect (e.g., loss of prey, Secretary may authorize an extension or reduction in species’ fecundity), for a period not to exceed 6 months. No site-specific or habitat-wide impacts, more than one extension may be grant- including individual, cumulative, or ed per FNP. synergistic consequences of actions. Council includes the Secretary, as ap- Subpart J—Essential Fish Habitat plicable, when preparing Secretarial (EFH) FMPs or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act. SOURCE: 62 FR 66551, Dec. 19, 1997, unless otherwise noted. Ecosystem means communities of or- ganisms interacting with one another § 600.805 Purpose and scope. and with the chemical and physical (a) Purpose. This subpart provides factors making up their environment. guidelines for Councils and the Sec- Habitat areas of particular concern retary to use in adding the required means those areas of EFH identified provision on EFH to an FMP, i.e., de- pursuant to § 600.815(a)(9). scription and identification of essential Healthy ecosystem means an eco- fish habitat (EFH), adverse impacts on system where ecological productive ca- EFH (including minimizing, to the ex- pacity is maintained, diversity of the tent practicable, adverse impacts from flora and fauna is preserved, and the fishing), and actions to conserve and ecosystem retains the ability to regu- enhance EFH. late itself. Such an ecosystem should (b) Scope—(1) Species covered. An EFH be similar to comparable, undisturbed, provision in an FMP must include all ecosystems with regard to standing fish species in the FMU. A Council may crop, productivity, nutrient dynamics, describe, identify, and protect the habi- trophic structure, species richness, sta- tat of species not in an FMU; however, bility, resilience, contamination levels, such habitat may not be considered and the frequency of diseased orga- EFH for the purposes of sections nisms. 303(a)(7) and 305(b) of the Magnuson- Overfished means any stock or stock Stevens Act. complex, the status of which is re- (2) Geographic. EFH may be described ported as overfished by the Secretary and identified in waters of the United pursuant to § 304(e)(1) of the Magnuson- States, as defined in 33 CFR 328.3 and Stevens Act. the exclusive economic zone, as defined (b) Word usage. The terms ‘‘must’’, in § 600.10. Councils may describe, iden- ‘‘shall’’, ‘‘should’’, ‘‘may’’, ‘‘may not’’, tify, and protect habitats of managed ‘‘will’’, ‘‘could’’, and ‘‘can’’, are used in species beyond the exclusive economic the same manner as in § 600.305(c). zone; however, such habitat may not be considered EFH for the purposes of sec- § 600.815 Contents of Fishery Manage- tion 303(a)(7) and 305(b) of the Magnu- ment Plans. son-Stevens Act. Activities that may (a) Mandatory contents—(1) Habitat re- adversely impact such habitat can be quirements by life history stage. FMPs addressed through any process con- must describe EFH in text and with ta- ducted in accordance with inter- bles that provide information on the national agreements between the biological requirements for each life United States and the foreign nation(s) history stage of the species. These ta- undertaking or authorizing the action. bles should summarize all available in- formation on environmental and habi- § 600.810 Definitions and word usage. tat variables that control or limit dis- (a) Definitions. In addition to the defi- tribution, abundance, reproduction, nitions in the Magnuson-Stevens Act growth, survival, and productivity of
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the managed species. Information in stage) in relation to potential habitats. the tables should be supported with ci- Care should be taken to ensure that all tations. potential habitats have been sampled (2) Description and identification of adequately. In the event that distribu- EFH—(i) Information requirements. (A) tion data are available for only por- An initial inventory of available envi- tions of the geographic area occupied ronmental and fisheries data sources by a particular life history stage of a relevant to the managed species should species, EFH can be inferred on the be used in describing and identifying basis of distributions among habitats EFH. This inventory should also help where the species has been found and to identify major species-specific habi- on information about its habitat re- tat data gaps. Deficits in data avail- quirements and behavior. ability (i.e., accessibility and applica- (2) Level 2: Habitat-related densities of tion of the data) and in data quality the species are available. At this level, (including considerations of scale and quantitative data (i.e., density or rel- resolution; relevance; and potential bi- ative abundance) are available for the ases in collection and interpretation) habitats occupied by a species or life should be identified. history stage. Because the efficiency of (B) To identify EFH, basic informa- sampling methods is often affected by tion is needed on current and historic habitat characteristics, strict quality stock size, the geographic range of the assurance criteria should be used to en- managed species, the habitat require- sure that density estimates are com- ments by life history stage, and the parable among methods and habitats. distribution and characteristics of Density data should reflect habitat uti- those habitats. Information is also re- lization, and the degree that a habitat quired on the temporal and spatial dis- is utilized is assumed to be indicative tribution of each major life history of habitat value. When assessing habi- stage (defined by developmental and tat value on the basis of fish densities functional shifts). Since EFH should be in this manner, temporal changes in identified for each major life history habitat availability and utilization stage, data should be collected on, but should be considered. not limited to, the distribution, den- (3) Level 3: Growth, reproduction, or sity, growth, mortality, and production survival rates within habitats are avail- of each stage within all habitats occu- able. At this level, data are available pied, or formerly occupied, by the spe- on habitat-related growth, reproduc- cies. These data should be obtained tion, and/or survival by life history from the best available information, stage. The habitats contributing the including peer-reviewed literature, most to productivity should be those data reports and ‘‘gray’’ literature, that support the highest growth, repro- data files of government resource agen- duction, and survival of the species (or cies, and any other sources of quality life history stage). information. (4) Level 4: Production rates by habitat (C) The following approach should be are available. At this level, data are used to gather and organize the data available that directly relate the pro- necessary for identifying EFH. Infor- duction rates of a species or life his- mation from all levels should be used tory stage to habitat type, quantity, to identify EFH. The goal of this proce- quality, and location. Essential habi- dure is to include as many levels of tats are those necessary to maintain analysis as possible within the con- fish production consistent with a sus- straints of the available data. Councils tainable fishery and the managed spe- should strive to obtain data sufficient cies’ contribution to a healthy eco- to describe habitat at the highest level system. of detail (i.e., Level 4). (ii) EFH determination. (A) The infor- (1) Level 1: Presence/absence distribu- mation obtained through the analysis tion data are available for some or all por- in paragraph (a)(2)(i) of this section tions of the geographic range of the spe- will allow Councils to assess the rel- cies. At this level, only presence/ab- ative value of habitats. Councils should sence data are available to describe the interpret this information in a risk- distribution of a species (or life history averse fashion, to ensure adequate
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areas are protected as EFH of managed necessary to maintain a sustainable species. Level 1 information, if avail- fishery and the managed species’ con- able, should be used to identify the ge- tribution to a healthy ecosystem. ographic range of the species. Level 2 (F) If degraded or inaccessible aquat- through 4 information, if available, ic habitat has contributed to the re- should be used to identify the habitats duced yields of a species or assemblage, valued most highly within the geo- and in the judgment of the Secretary graphic range of the species. If only and the appropriate Council(s), the de- Level 1 information is available, pres- graded conditions can be reversed ence/absence data should be evaluated through such actions as improved fish (e.g., using a frequency of occurrence passage techniques (for fish blockages), or other appropriate analysis) to iden- improved water quality or quantity tify those habitat areas most com- measures (removal of contaminants or monly used by the species. Areas so increasing flows), and similar measures identified should be considered essen- that are technologically and economi- tial for the species. However, habitats cally feasible, then EFH should include of intermediate and low value may also those habitats that would be essential be essential, depending on the health of to the species to obtain increased the fish population and the ecosystem. yields. Councils must demonstrate that the (iii) The best scientific information available EFH Mapping Requirements. was used in the identification of EFH, general distribution and geographic consistent with national standard 2, limits of EFH for each life history but other data may also be used for the stage should be presented in FMPs in identification. the form of maps. Ultimately, these (B) If a species is overfished, and data should be incorporated into a geo- habitat loss or degradation may be graphic information system (GIS) to contributing to the species being iden- facilitate analysis and presentation. tified as overfished, all habitats cur- These maps may be presented as fixed rently used by the species should be in time and space, but they should en- considered essential in addition to cer- compass all appropriate temporal and tain historic habitats that are nec- spatial variability in the distribution essary to support rebuilding the fishery of EFH. If the geographic boundaries of and for which restoration is techno- EFH change seasonally, annually, or logically and economically feasible. decadally, these changing distributions Once the fishery is no longer consid- need to be represented in the maps. ered overfished, the EFH identification Different types of EFH should be iden- should be reviewed, and the FMP tified on maps along with areas used by amended, if appropriate. different life history stages of the spe- (C) EFH will always be greater than cies. The type of information used to or equal to aquatic areas that have identify EFH should be included in map been identified as ‘‘critical habitat’’ for legends, and more detailed and inform- any managed species listed as threat- ative maps should be produced as more ened or endangered under the Endan- complete information about population gered Species Act. responses (e.g., growth, survival, or re- (D) Where a stock of a species is con- productive rates) to habitat character- sidered to be healthy, then EFH for the istics becomes available. Where the species should be a subset of all exist- present distribution or stock size of a ing habitat for the species. species or life history stage is different (E) Ecological relationships among from the historical distribution or species and between the species and stock size, then maps of historical their habitat require, where possible, habitat boundaries should be included that an ecosystem approach be used in in the FMP, if known. The EFH maps determining the EFH of a managed spe- are a means to visually present the cies or species assemblage. The extent EFH described in the FMP. If the maps of the EFH should be based on the identifying EFH and the information in judgment of the Secretary and the ap- the description of EFH differ, the de- propriate Council(s) regarding the scription is ultimately determinative quantity and quality of habitat that is of the limits of EFH.
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(3) Fishing activities that may adversely (4) Options for managing adverse effects affect EFH. (i) Adverse effects from from fishing. Fishery management op- fishing may include physical, chemical, tions may include, but are not limited or biological alterations of the sub- to: strate, and loss of, or injury to, benthic (i) Fishing equipment restrictions. organisms, prey species and their habi- These options may include, but are not tat, and other components of the eco- limited to: Seasonal and area restric- system. tions on the use of specified equipment; (ii) FMPs must include management equipment modifications to allow measures that minimize adverse effects escapement of particular species or on EFH from fishing, to the extent particular life stages (e.g., juveniles); practicable, and identify conservation prohibitions on the use of explosives and enhancement measures. The FMP and chemicals; prohibitions on anchor- must contain an assessment of the po- ing or setting equipment in sensitive tential adverse effects of all fishing areas; and prohibitions on fishing ac- equipment types used in waters de- tivities that cause significant physical scribed as EFH. This assessment should damage in EFH. consider the relative impacts of all (ii) Time/area closures. These actions fishing equipment types used in EFH may include, but are not limited to: on different types of habitat found Closing areas to all fishing or specific within EFH. Special consideration equipment types during spawning, mi- should be given to equipment types gration, foraging, and nursery activi- ties; and designating zones for use as that will affect habitat areas of par- marine protected areas to limit ad- ticular concern. In completing this as- verse effects of fishing practices on cer- sessment, Councils should use the best tain vulnerable or rare areas/species/ scientific information available, as life history stages, such as those areas well as other appropriate information designated as habitat areas of par- sources, as available. Included in this ticular concern. assessment should be consideration of (iii) Harvest limits. These actions may the establishment of research closure include, but are not limited to, limits areas and other measures to evaluate on the take of species that provide the impact of any fishing activity that structural habitat for other species as- physically alters EFH. semblages or communities, and limits (iii) Councils must act to prevent, on the take of prey species. mitigate, or minimize any adverse ef- (5) Identification of Non-fishing related fects from fishing, to the extent prac- activities that may adversely affect EFH. ticable, if there is evidence that a fish- FMPs must identify activities that ing practice is having an identifiable have the potential to adversely affect adverse effect on EFH, based on the as- EFH quantity or quality, or both. sessment conducted pursuant to para- Broad categories of activities which graph (a)(3)(ii) of this section and/or can adversely affect EFH include, but the cumulative impacts analysis con- are not limited to: Dredging, fill, exca- ducted pursuant to paragraph (a)(6)(ii) vation, mining, impoundment, dis- of this section. charge, water diversions, thermal addi- (iv) In determining whether it is tions, actions that contribute to non- practicable to minimize an adverse ef- point source pollution and sedimenta- fect from fishing, Councils should con- tion, introduction of potentially haz- sider whether, and to what extent, the ardous materials, introduction of ex- fishing activity is adversely impacting otic species, and the conversion of EFH, including the fishery; the nature aquatic habitat that may eliminate, di- and extent of the adverse effect on minish, or disrupt the functions of EFH; and whether the management EFH. An FMP should describe the EFH measures are practicable, taking into most likely to be adversely affected by consideration the long and short-term these or other activities. For each ac- costs as well as benefits to the fishery tivity, the FMP should describe known and its EFH, along with other appro- and potential adverse impacts to EFH. priate factors, consistent with national The descriptions should explain the standard 7. mechanisms or processes that may
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cause the adverse effects and how these (iv) Research needs. If completion of may affect habitat function. A GIS or these analyses is not feasible or prac- other mapping system should be used ticable for every ecosystem or water- to support analyses of data. Maps geo- shed within an area identified as EFH, graphically depicting impacts identi- Councils should, in consultation with fied in this paragraph should be in- NMFS, identify in the FMP priority re- cluded in an FMP. search areas to allow these analyses to (6) Cumulative impacts analysis—(i) be completed. Councils should include Analysis. To the extent feasible and a schedule for completing such re- practicable, FMPs should analyze how search. Such schedule of priority re- fishing and non-fishing activities influ- search areas should be combined with ence habitat function on an ecosystem the research needs identified pursuant or watershed scale. This analysis to paragraph (a)(10) of this section. should describe the ecosystem or wa- (7) Conservation and enhancement—(i) tershed, the dependence of the man- Contents of FMPs. FMPs must describe aged species on the ecosystem or wa- options to avoid, minimize, or com- tershed, especially EFH; and how fish- pensate for the adverse effects identi- ing and non-fishing activities, individ- fied pursuant to paragraphs (a) (5) and ually or in combination, impact EFH (6) of this section and promote the con- and the managed species, and how the servation and enhancement of EFH, es- loss of EFH may affect the ecosystem. pecially in habitat areas of particular An assessment of the cumulative and concern. synergistic effects of multiple threats, (ii) General conservation and enhance- including the effects of natural stresses ment recommendations. Generally, non- (such as storm damage or climate- water dependent actions should not be based environmental shifts), and an as- located in EFH if such actions may sessment of the ecological risks result- have adverse impacts on EFH. Activi- ing from the impact of those threats on ties that may result in significant ad- the managed species’ habitat should verse affects on EFH, should be avoided also be included. For the purposes of where less environmentally harmful al- this analysis, cumulative impacts are impacts on the environment that re- ternatives are available. If there are no sult from the incremental impact of an alternatives, the impacts of these ac- action when added to other past, tions should be minimized. Environ- present, and reasonably foreseeable fu- mentally sound engineering and man- ture actions, regardless of who under- agement practices should be employed takes such actions. Cumulative im- for all actions which may adversely af- pacts can result from individually fect EFH. Disposal or spillage of any minor, but collectively significant ac- material (dredge material, sludge, in- tions taking place over a period of dustrial waste, or other potentially time. harmful materials) which would de- (ii) Cumulative impacts from fishing. In stroy or degrade EFH should be avoid- addressing the impacts of fishing on ed. If avoidance or minimization is not EFH, Councils should also consider the possible, or will not adequately protect cumulative impacts of multiple fishing EFH, compensatory mitigation to con- practices and non-fishing activities on serve and enhance EFH should be rec- EFH, especially, on habitat areas of ommended. FMPs may recommend particular concern. Habitats that are proactive measures to conserve or en- particularly vulnerable to specific fish- hance EFH. When developing proactive ing equipment types should be identi- measures, Councils may develop a pri- fied for possible designation as habitat ority ranking of the recommendations areas of particular concern. to assist Federal and state agencies un- (iii) Mapping cumulative impacts. A dertaking such measures. GIS or other mapping system should be (iii) Conservation and enhancement op- used to support analyses of data. Maps tions. FMPs should provide a variety of depicting data documenting cumu- options to conserve or enhance EFH, lative impacts identified in this para- which may include, but are not limited graph should be included in an FMP. to:
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(A) Enhancement of rivers, streams, and ability of a major prey species, either coastal areas. EFH located in, or influ- through direct harm or capture, or enced by, rivers, streams, and coastal through adverse impacts to the prey areas may be enhanced by reestab- species’ habitat that are known to lishing endemic trees or other appro- cause a reduction in the population of priate native vegetation on adjacent ri- the prey species may be considered ad- parian areas; restoring natural bottom verse effects on a managed species and characteristics; removing unsuitable its EFH. FMPs should identify the material from areas affected by human major prey species for the species in activities; or adding gravel or sub- the FMU and generally describe the lo- strate to stream areas to promote cation of prey species’ habitat. Actions spawning. Adverse effects stemming that cause a reduction of the prey spe- from upland areas that influence EFH cies population, including where there may be avoided or minimized by em- exists evidence that adverse effects to ploying measures such as, but not lim- habitat of prey species is causing a de- ited to, erosion control, road stabiliza- cline in the availability of the prey tion, upgrading culverts, removal or species, should also be described and modification of operating procedures of identified. Adverse effects on prey spe- dikes or levees to allow for fish pas- cies and their habitats may result from sage, structural and operation meas- fishing and non-fishing activities. ures at dams for fish passage and habi- (9) Identification of habitat areas of tat protection, or improvement of wa- particular concern. FMPs should iden- tershed management. Initiation of Fed- tify habitat areas of particular concern eral, state, or local government plan- within EFH. In determining whether a ning processes to restore watersheds type, or area of EFH is a habitat area associated with such rivers, streams, or of particular concern, one or more of coastal areas may also be rec- the following criteria must be met: ommended. (i) The importance of the ecological (B) Water quality and quantity. This function provided by the habitat. category of options may include use of (ii) The extent to which the habitat best land management practices for en- is sensitive to human-induced environ- suring compliance with water quality mental degradation. standards at state and Federal levels, (iii) Whether, and to what extent, de- improved treatment of sewage, proper velopment activities are, or will be, disposal of waste materials, and pro- stressing the habitat type. viding appropriate in-stream flow. (iv) The rarity of the habitat type. (C) Watershed analysis and planning. (10) Research and information needs. This may include encouraging local Each FMP should contain rec- and state efforts to minimize destruc- ommendations, preferably in priority tion/degradation of wetlands, restore order, for research efforts that the and maintain the ecological health of Councils and NMFS view as necessary watersheds, and encourage restoration for carrying out their EFH manage- of native species. Any analysis of op- ment mandate. The need for additional tions should consider natural varia- research is to make available sufficient bility in weather or climatic condi- information to support a higher level tions. of description and identification of (D) Habitat creation. Under appro- EFH under paragraph (a)(2)(i) of this priate conditions, habitat creation section. Additional research may also (converting non-EFH to EFH) may be be necessary to identify and evaluate considered as a means of replacing lost actual and potential adverse effects on or degraded EFH. However, habitat EFH, including, but not limited to, di- conversion at the expense of other nat- rect physical alteration; impaired habi- urally functioning systems must be tat quality/functions; cumulative im- justified within an ecosystem context. pacts from fishing; or indirect adverse (8) Prey species. Loss of prey is an ad- effects such as sea level rise, global verse effect on EFH and a managed spe- warming and climate shifts; and non- cies, because one component of EFH is equipment related fishery impacts. The that it be necessary for feeding. There- Magnuson-Stevens Act specifically fore, actions that reduce the avail- identifies the effects of fishing as a
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concern. The need for additional re- NMFS EFH recommendations may con- search on the effects of fishing equip- stitute a review of a draft EFH docu- ment on EFH and a schedule for ob- ment developed by a Council, or may taining that information should be in- include suggestions for a draft EFH cluded in this section of the FMP. If an FMP amendment and may precede the adverse effect on EFH is identified and Council’s development of such docu- determined to be an impediment to ments, as appropriate. In both cases, maintaining a sustainable fishery and prior to submitting a written EFH the managed species’ contribution to a identification recommendation to a healthy ecosystem, then the research Council for an FMP, the draft rec- needed to quantify and mitigate that ommendation will be made available effect should be identified in this sec- for public review and at least one pub- tion. lic meeting will be held. NMFS will (11) Review and revision of EFH compo- work with the affected Council(s) to nents of FMPs. Councils and NMFS conduct this review in association with should periodically review the EFH scheduled public Council meetings components of FMPs, including an up- whenever possible. The review may be date of the equipment assessment conducted at a meeting of the Council originally conducted pursuant to para- committee responsible for habitat graph (a)(3)(ii) of this section. Each issues or as a part of a full Council EFH FMP amendment should include a meeting. After receiving public com- provision requiring review and update ment, NMFS will revise its draft rec- of EFH information and preparation of ommendations, as appropriate, and for- a revised FMP amendment if new infor- ward a final written recommendation mation becomes available. The sched- and comments to the Council(s). ule for this review should be based on (d) Relationship to other fishery man- an assessment of both the existing data agement authorities. Councils are en- and expectations when new data will couraged to coordinate with state and become available. This information interstate fishery management agen- should be reviewed as part of the an- cies where Federal fisheries affect nual Stock Assessment and Fishery state and interstate managed fisheries Evaluation (SAFE) report prepared or where state or interstate fishery pursuant to § 600.315(e). A complete re- regulations affect the management of view of information should be con- Federal fisheries. Where a state or ducted as recommended by the Sec- interstate fishing activity adversely retary, but at least once every 5 years. impacts EFH, NMFS will consider that (b) Optional components. An FMP may action to be an adverse effect on EFH include a description and identification pursuant to paragraph (a)(5) of this sec- of the habitat of species under the au- tion and will provide EFH conservation recommendations to the appropriate thority of the Council, even if not con- state or interstate fishery management tained in the FMU. However, such agency on that activity. habitat may not be EFH. This subpart does not change a Council’s ability to implement management measures for a Subpart K—EFH Coordination, managed species for the protection of Consultation, and Rec- another species. ommendations (c) Development of EFH recommenda- tions. After reviewing the best avail- SOURCE: 62 FR 66555, Dec. 19, 1997, unless able scientific information, as well as otherwise noted. other appropriate information, and in consultation with the Councils, partici- § 600.905 Purpose and scope and pants in the fishery, interstate com- NMFS/Council cooperation. missions, Federal agencies, state agen- (a) Purpose. These procedures address cies, and other interested parties, the coordination, consultation, and NMFS will develop written rec- recommendation requirements of sec- ommendations for the identification of tions 305(b)(1)(D) and 305(b)(2–4) of the EFH for each FMP. In recognition of Magnuson-Stevens Act. The purpose of the different approaches to FMP devel- these procedures is to promote the pro- opment taken by each Council, the tection of EFH in the review of Federal
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and state actions that may adversely rect (e.g., contamination or physical affect EFH. disruption), indirect (e.g., loss of prey, (b) Scope. Section 305(b)(1)(D) of the reduction in species’ fecundity), site- Magnuson-Stevens Act requires the specific or habitatwide impacts, includ- Secretary to coordinate with, and pro- ing individual, cumulative, or syner- vide information to, other Federal gistic consequences of actions. agencies regarding the conservation Council includes the Secretary, as ap- and enhancement of EFH. Section plicable, when preparing FMPs or 305(b)(2) requires all Federal agencies amendments under section 304 (c) and to consult with the Secretary on all ac- (g) of the Magnuson-Stevens Act; and tions, or proposed actions, authorized, when commenting and making rec- funded, or undertaken by the agency, ommendations under the authority of that may adversely affect EFH. Sec- section 305(b)(3) of the Magnuson-Ste- tions 305(b) (3) and (4) direct the Sec- retary and the Councils to provide vens Act to any Federal or state agen- comments and EFH conservation rec- cy on actions that may affect the habi- ommendations to Federal or state tat of fishery resources managed under agencies on actions that affect EFH. such FMPs. Such recommendations may include Federal action means any action au- measures to avoid, minimize, mitigate, thorized, funded, or undertaken, or pro- or otherwise offset adverse effects on posed to be authorized, funded, or un- EFH resulting from actions or proposed dertaken by a Federal agency. actions authorized, funded, or under- Habitat areas of particular concern taken by that agency. Section means those areas of EFH identified 305(b)(4)(B) requires Federal agencies pursuant to § 600.815(a)(9). to respond in writing to such com- State action means any action author- ments. The following procedures for co- ized, funded, or undertaken, or pro- ordination, consultation, and rec- posed to be authorized, funded, or un- ommendations allow all parties in- dertaken by a state agency. volved to understand and implement (b) Word usage. The terms ‘‘must’’, the requirements of the Magnuson-Ste- ‘‘shall’’, ‘‘should’’, ‘‘may’’, ‘‘may not’’, vens Act. ‘‘will’’, ‘‘could’’, and ‘‘can’’, are used in (c) Cooperation between Councils and the same manner as in § 600.305(c). NMFS. The Councils and NMFS should cooperate as closely as possible to § 600.915 Coordination for the con- identify actions that may adversely af- servation and enhancement of EFH. fect EFH, to develop comments and EFH conservation recommendations to To further the conservation and en- Federal and state agencies, and to pro- hancement of EFH in accordance with vide EFH information to Federal or section 305(b)(1)(D) of the Magnuson- state agencies. The Secretary will seek Stevens Act, NMFS will compile and to develop agreements with each Coun- make available to other Federal and cil to facilitate sharing information on state agencies, information on the lo- actions that may adversely affect EFH cations of EFH, including maps and/or and in coordinating Council and NMFS narrative descriptions. NMFS will also comments and recommendations on provide information on ways to im- those actions. However, NMFS and the prove ongoing Federal operations to Councils also have the authority to act promote the conservation and enhance- independently. ment of EFH. Federal and state agen- cies empowered to authorize, fund, or § 600.910 Definitions and word usage. undertake actions that may adversely (a) Definitions. In addition to the defi- affect EFH are encouraged to contact nitions in the Magnuson-Stevens Act NMFS and the Councils to become fa- and § 600.10, the terms in this subpart miliar with areas designated as EFH, have the following meanings: and potential threats to EFH, as well Adverse effect means any impact as opportunities to promote the con- which reduces quality and/or quantity servation and enhancement of such of EFH. Adverse effects may include di- habitat.
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§ 600.920 Federal agency consultation ommend that project-specific consulta- with the Secretary. tion will be needed to complete the (a) Consultation generally—(1) Actions EFH consultation requirements. NMFS requiring consultation. Pursuant to sec- may also determine that programmatic tion 305(b)(2) of the Magnuson-Stevens consultation is not appropriate, in Act, Federal agencies must consult which case all EFH conservation rec- with NMFS regarding any of their ac- ommendations will be deferred to tions authorized, funded, or under- project-specific consultations. taken, or proposed to be authorized, (b) Designation of lead agency. If more funded, or undertaken that may ad- than one Federal agency is responsible versely affect EFH. EFH consultation for a Federal action, the consultation is not required for completed actions, requirements of sections 305(b)(2–4) of e.g., issued permits. Consultation is re- the Magnuson-Stevens Act may be ful- quired for renewals, reviews, or sub- filled through a lead agency. The lead stantial revisions of actions. Consulta- agency must notify NMFS in writing tion on Federal programs delegated to that it is representing one or more ad- non-Federal entities is required at the ditional agencies. time of delegation, review, and renewal of the delegation. EFH consultation is (c) Designation of non-Federal rep- required for any Federal funding of ac- resentative. A Federal agency may des- tions that may adversely affect EFH. ignate a non-Federal representative to NMFS and Federal agencies respon- conduct an abbreviated consultation or sible for funding actions that may ad- prepare an EFH Assessment by giving versely affect EFH should consult on a written notice of such designation to programmatic level, if appropriate, NMFS. If a non-Federal representative with respect to these actions. is used, the Federal action agency re- (2) Appropriate level of consultation. (i) mains ultimately responsible for com- NMFS and other Federal agencies may pliance with sections 305(b)(2) and conduct consultation at either a pro- 305(b)(4) of the Magnuson-Stevens Act. grammatic or project-specific level. (d) Best available information. The Federal actions may be evaluated at a Federal action agency and NMFS must programmatic level if sufficient infor- use the best scientific information mation is available to develop EFH available regarding the effects of the conservation recommendations and ad- proposed action on EFH. Other appro- dress all reasonably foreseeable ad- priate sources of information may also verse effects to EFH. Project-specific be considered. consultations are more appropriate (e) Use of existing consultation/environ- when critical decisions are made at the mental review procedures—(1) Criteria. project implementation stage, or when Consultation and commenting under sufficiently detailed information for sections 305(b)(2) and 305(b)(4) of the the development of EFH conservation Magnuson-Stevens Act should be con- recommendations does not exist at the solidated, where appropriate, with programmatic level. (ii) If, after a Federal agency re- interagency consultation, coordina- quests programmatic consultation, tion, and environmental review proce- NMFS determines that all concerns dures required by other statutes, such about adverse effects on EFH can be as the National Environmental Policy addressed at a programmatic level, Act (NEPA), Fish and Wildlife Coordi- NMFS will develop EFH conservation nation Act, Clean Water Act, Endan- recommendations that cover all gered Species Act (ESA), and Federal projects implemented under that pro- Power Act. The consultation require- gram, and no further EFH consultation ments of section 305(b)(2) of the Magnu- will be required. Alternatively, NMFS son-Stevens Act can be satisfied using may determine that project-specific existing or modified procedures re- consultation is needed for part or all of quired by other statutes if such proc- the program’s activities, in which case esses meet the following criteria: NMFS may develop some EFH con- (i) The existing process must provide servation recommendations at a pro- NMFS with timely notification of ac- grammatic level, but will also rec- tions that may adversely affect EFH.
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The Federal action agency should no- only the identified portion of the com- tify NMFS according to the same time- ments. frames for notification (or for public (3) NMFS finding. A Federal agency comment) as in the existing process. with an existing consultation process However, NMFS should have at least 60 should contact NMFS at the appro- days notice prior to a final decision on priate level (regional offices for re- an action, or at least 90 days if the ac- gional processes, headquarters office tion would result in substantial ad- for national processes) to discuss how verse impacts. NMFS and the action the existing process, with or without agency may agree to use shorter time- modifications, can be used to satisfy frames if they allow sufficient time for the EFH consultation requirements. If, NMFS to develop EFH conservation at the conclusion of these discussions, recommendations. NMFS determines that the existing (ii) Notification must include an as- process meets the criteria of paragraph sessment of the impacts of the pro- (e)(1) of this section, NMFS will make posed action on EFH that meets the re- a finding that the existing or modified quirements for EFH Assessments con- process can satisfy the EFH consulta- tained in paragraph (g) of this section. tion requirements of the Magnuson- If the EFH Assessment is contained in Stevens Act. If NMFS does not make another document, that section of the such a finding, or if there are no exist- document must be clearly identified as ing consultation processes relevant to the EFH Assessment. the Federal agency’s actions, the ac- tion agency and NMFS should follow (iii) NMFS must have made a finding the consultation process in the fol- pursuant to paragraph (e)(3) of this sec- lowing sections. tion that the existing process satisfies (f) General Concurrence—(1) Purpose. the requirements of section 305(b)(2) of The General Concurrence process iden- the Magnuson-Stevens Act. tifies specific types of Federal actions (2) EFH conservation recommendation that may adversely affect EFH, but for requirements. If an existing consulta- which no further consultation is gen- tion process is used to fulfill the EFH erally required because NMFS has de- consultation requirements, then the termined, through an analysis of that comment deadline for that process type of action, that it will likely result should apply to the submittal of NMFS in no more than minimal adverse ef- conservation recommendations under fects individually and cumulatively. section 305(b)(4)(A) of the Magnuson- General Concurrences may be national Stevens Act, unless a different deadline or regional in scope. is agreed to by NMFS and the Federal (2) Criteria. (i) For Federal actions to agency. The Federal agency must re- qualify for General Concurrence, NMFS spond to these recommendations with- must determine, after consultation in 30 days pursuant to section with the appropriate Council(s), that 305(b)(4)(B) of the Magnuson-Stevens the actions meet all of the following Act. NMFS may request the further re- criteria: view of any Federal agency decision (A) The actions must be similar in that is inconsistent with a NMFS EFH nature and similar in their impact on recommendation, in accordance with EFH. paragraph (j)(2) of this section. If (B) The actions must not cause great- NMFS EFH conservation recommenda- er than minimal adverse effects on tions are combined with other NMFS EFH when implemented individually. or NOAA comments on a Federal ac- (C) The actions must not cause great- tion, such as NOAA comments on a er than minimal cumulative adverse ef- draft Environmental Impact State- fects on EFH. ment, the EFH conservation rec- (ii) Actions qualifying for General ommendations shall be clearly identi- Concurrence must be tracked to ensure fied as such (e.g., a section in the com- that their cumulative effects are no ment letter entitled ‘‘EFH conserva- more than minimal. In most cases, tion recommendations’’) and a response tracking will be the responsibility of pursuant to section 305(b)(4)(B) of the the Federal action agency, but NMFS Magnuson-Stevens Act is required for also may agree to track actions for
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which General Concurrence has been rence, NMFS may initiate and com- authorized. Tracking should include plete a General Concurrence. numbers of actions, amount of habitat (4) Notification and further consulta- adversely affected, type of habitat ad- tion. NMFS may request notification versely affected, and the baseline for actions covered under a General against which the action will be Concurrence if NMFS concludes there tracked. The agency responsible for are circumstances under which such tracking such actions should make the actions could result in more than a information available to NMFS, the minimal impact on EFH, or if it deter- Councils, and to the public on an an- mines that there is not a process in nual basis. place to adequately assess the cumu- (iii) Categories of Federal actions lative impacts of actions covered under may also qualify for General Concur- the General Concurrence. NMFS may rence if they are modified by appro- require further consultation for these priate conditions that ensure the ac- actions on a case-by case basis. Each tions will meet the criteria in para- General Concurrence should establish graph (f)(2)(i) of this section. For exam- specific procedures for further con- ple, NMFS may provide General Con- sultation, if appropriate. currence for additional actions contin- (5) Public review. Prior to providing gent upon project size limitations, sea- any Federal agency with a written sonal restrictions, or other conditions. statement of General Concurrence for a (iv) If a General Concurrence is de- category of Federal actions, NMFS will veloped for actions affecting habitat provide an opportunity for public re- areas of particular concern, the Gen- view through the appropriate Coun- eral Concurrence should be subject to a cil(s), or other reasonable opportunity higher level of scrutiny than a General for public review. Concurrence not involving a habitat (6) Revisions. NMFS will periodically area of particular concern. review and revise its findings of Gen- (3) General Concurrence development. A eral Concurrence, as appropriate. Federal agency may request a General (g) EFH Assessments—(1) Preparation Concurrence for a category of its ac- requirement. For any Federal action tions by providing NMFS with a writ- that may adversely affect EFH, except ten description of the nature and ap- for those activities covered by a Gen- proximate number of the proposed ac- eral Concurrence, Federal agencies tions, an analysis of the effects of the must provide NMFS with a written as- actions on EFH and associated species sessment of the effects of that action and their life history stages, including on EFH. Federal agencies may incor- cumulative effects, and the Federal porate an EFH Assessment into docu- agency’s conclusions regarding the ments prepared for other purposes such magnitude of such effects. If NMFS as ESA Biological Assessments pursu- agrees that the actions fit the criteria ant to 50 CFR part 402 or NEPA docu- in paragraph (f)(2) of this section, ments and public notices pursuant to NMFS, after consultation with the ap- 40 CFR part 1500. If an EFH Assessment propriate Council(s), will provide the is contained in another document, it Federal agency with a written state- must include all of the information re- ment of General Concurrence that fur- quired in paragraph (g)(2) of this sec- ther consultation is not required, and tion and be clearly identified as an that preparation of EFH Assessments EFH Assessment. The procedure for for individual actions subject to the combining an EFH consultation with General Concurrence is not necessary. other consultation of environmental If NMFS does not agree that the ac- reviews is set forth in paragraph (e) of tions fit the criteria in paragraph (f)(2) this section. of this section, NMFS will notify the (2) Mandatory contents. The assess- Federal agency that a General Concur- ment must contain: rence will not be issued and that abbre- (i) A description of the proposed ac- viated or expanded consultation will be tion. required. If NMFS identifies specific (ii) An analysis of the effects, includ- types of Federal actions that may meet ing cumulative effects, of the proposed the requirements for a General Concur- action on EFH, the managed species,
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and associated species, such as major Council(s), in writing as early as prac- prey species, including affected life his- ticable regarding proposed actions that tory stages. may adversely affect EFH. Notification (iii) The Federal agency’s views re- will facilitate discussion of measures garding the effects of the action on to conserve the habitat. Such early EFH. consultation should occur during pre- (iv) Proposed mitigation, if applica- application planning for projects sub- ble. ject to a Federal permit or license, and (3) Additional information. If appro- during preliminary planning for priate, the assessment should also in- projects to be funded or undertaken di- clude: rectly by a Federal agency. (i) The results of an on-site inspec- (3) Submittal of EFH Assessment. The tion to evaluate the habitat and the Federal agency must submit a com- site-specific effects of the project. pleted EFH Assessment, prepared in ac- (ii) The views of recognized experts cordance with paragraph (g) of this sec- on the habitat or species that may be affected. tion, to NMFS for review. Federal (iii) A review of pertinent literature agencies will have fulfilled their con- and related information. sultation requirement under paragraph (iv) An analysis of alternatives to the (a) of this section after notification proposed action. Such analysis should and submittal of a complete EFH As- include alternatives that could avoid sessment. or minimize adverse effects on EFH, (4) NMFS response to Federal agency. particularly when an action is non- NMFS must respond in writing as to water dependent. whether it concurs with the findings of (v) Other relevant information. the EFH Assessment. If NMFS believes (4) Incorporation by reference. The as- that the proposed action may result in sessment may incorporate by reference substantial adverse effects on EFH, or a completed EFH Assessment prepared that additional analysis is needed to for a similar action, supplemented with accurately assess the effects of the pro- any relevant new project specific infor- posed action, NMFS will request that mation, provided the proposed action the Federal agency initiate expanded involves similar impacts to EFH in the consultation. Such request will explain same geographic area or a similar eco- why NMFS believes expanded consulta- logical setting. It may also incorporate tion is needed and will specify any new by reference other relevant environ- information needed. If additional con- mental assessment documents. These sultation is not necessary, NMFS will documents must be provided to NMFS respond by commenting and recom- with an EFH Assessment. mending measures that may be taken (h) Abbreviated consultation proce- to conserve EFH, pursuant to section dures—(1) Purpose and criteria. Abbre- 305(b)(4)(A) of the Magnuson-Stevens viated consultation allows NMFS to Act. NMFS will send a copy of its re- quickly determine whether, and to sponse to the appropriate Council. what degree, a Federal action may ad- versely affect EFH. Federal actions (5) Timing. The Federal action agency that may adversely affect EFH should must submit its complete EFH Assess- be addressed through the abbreviated ment to NMFS as soon as practicable, consultation procedures when those ac- but NMFS must receive it at least 60 tions do not qualify for a General Con- days prior to a final decision on the ac- currence, but do not have the potential tion. NMFS must respond in writing to cause substantial adverse effects on within 30 days. NMFS and the Federal EFH. For example, the abbreviated action agency may agree to use a com- consultation procedures should be used pressed schedule in cases where regu- when the adverse effect(s) of an action latory approvals or emergency situa- or proposed action could be alleviated tions cannot accommodate 30 days for through minor modifications. consultation, or to conduct consulta- (2) Notification by agency. The Federal tion earlier in the planning cycle for agency should notify NMFS and, if proposed actions with lengthy approval NMFS so requests, the appropriate processes.
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(i) Expanded consultation procedures— spond within 60 days of submittal of a (1) Purpose and criteria. Expanded con- complete EFH Assessment unless con- sultation allows maximum opportunity sultation is extended by agreement be- for NMFS and the Federal agency to tween NMFS and the Federal action work together in the review of the ac- agency. NMFS and Federal action tion’s impacts on EFH and the develop- agencies may agree to use a com- ment of EFH conservation rec- pressed schedule in cases where regu- ommendations. Expanded consultation latory approvals or emergency situa- procedures must be used for Federal ac- tions cannot accommodate a 60-day tions that would result in substantial consultation period. adverse effects to EFH. Federal agen- (5) Extension of consultation. If NMFS cies are encouraged to contact NMFS determines that additional data or at the earliest opportunity to discuss whether the adverse effect of a pro- analysis would provide better informa- posed action makes expanded consulta- tion for development of EFH conserva- tion appropriate. tion recommendations, NMFS may re- (2) Initiation. Expanded consultation quest additional time for expanded begins when NMFS receives from the consultation. If NMFS and the Federal Federal agency an EFH Assessment action agency agree to an extension, completed in accordance with para- the Federal action agency should pro- graph (g) of this section and a written vide the additional information to request for expanded consultation. Fed- NMFS, to the extent practicable. If eral action agencies are encouraged to NMFS and the Federal action agency provide in the EFH Assessment the ad- do not agree to extend consultation, ditional information identified under NMFS must provide EFH conservation paragraph (g)(3) of this section. Subject recommendations to the Federal action to NMFS’s approval, any request for agency using the best scientific infor- expanded consultation may encompass mation available to NMFS. a number of similar individual actions (j) Responsibilities of Federal action within a given geographic area. agency following receipt of EFH conserva- (3) NMFS response to Federal agency. tion recommendations—(1) Federal action NMFS will: agency response. As required by section (i) Review the EFH Assessment, any 305(b)(4)(B) of the Magnuson-Stevens additional information furnished by Act, the Federal action agency must the Federal agency, and other relevant provide a detailed response in writing information. (ii) Conduct a site visit, if appro- to NMFS and the appropriate Council priate, to assess the quality of the within 30 days after receiving an EFH habitat and to clarify the impacts of conservation recommendation. Such a the Federal agency action. Such a site response must be provided at least 10 visit should be coordinated with the days prior to final approval of the ac- Federal agency and appropriate Coun- tion, if a decision by the Federal agen- cil(s), if feasible. cy is required in fewer than 30 days. (iii) Coordinate its review of the pro- The response must include a descrip- posed action with the appropriate tion of measures proposed by the agen- Council(s). cy for avoiding, mitigating, or offset- (iv) Discuss EFH conservation rec- ting the impact of the activity on EFH. ommendations with the Federal agency In the case of a response that is incon- and provide recommendations to the sistent with NMFS conservation rec- Federal action agency, pursuant to sec- ommendations, the Federal action tion 305(b)(4)(A) of the Magnuson-Ste- agency must explain its reasons for not vens Act. NMFS will also provide a following the recommendations, in- copy of the recommendations to the cluding the scientific justification for appropriate Council(s). any disagreements with NMFS over the (4) Timing. The Federal action agency anticipated effects of the proposed ac- must submit its complete EFH Assess- tion and the measures needed to avoid, ment to NMFS as soon as practicable, minimize, mitigate, or offset such ef- but at least 90 days prior to a final de- fects. cision on the action. NMFS must re-
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(2) Further review of decisions incon- of a Federal action that would ad- sistent with NMFS or Council rec- versely affect EFH, but for which a ommendations. If a Federal action agen- Federal agency has not completed an cy decision is inconsistent with a EFH consultation, NMFS may request NMFS EFH conservation recommenda- that the Federal agency initiate EFH tion, the Assistant Administrator for consultation or NMFS will provide Fisheries may request a meeting with EFH conservation recommendations the head of the Federal action agency, based on the information available. as well as any other agencies involved, NMFS will provide a copy of such rec- to discuss the proposed action and op- ommendation to the appropriate Coun- portunities for resolving any disagree- cil(s). ments. If a Federal action agency deci- (c) Recommendations to state agencies— sion is also inconsistent with a Council (1) Establishment of procedures. Each recommendation made pursuant to sec- NMFS Region should use existing co- tion 305(b)(3) of the Magnuson-Stevens ordination procedures under statutes Act, the Council may request that the such as the Coastal Zone Management Assistant Administrator initiate fur- Act or establish new procedures to ther review of the Federal agency’s de- identify state actions that may ad- cision and involve the Council in any versely affect EFH, and for deter- interagency discussion to resolve dis- mining the most appropriate method agreements with the Federal agency. for providing EFH conservation rec- The Assistant Administrator will make ommendations to the state agency. every effort to accommodate such a re- NMFS will provide a copy of such rec- quest. Memoranda of agreement or ommendation to the appropriate Coun- other written procedures will be devel- cil(s). oped to further define such review (2) Coordination with states on rec- processes with Federal action agencies. ommendations to Federal agencies. When (k) Supplemental consultation. A Fed- an action that would adversely affect eral action agency must reinitiate con- EFH requires authorization or funding sultation with NMFS if the agency sub- by both Federal and state agencies, stantially revises its plans for an ac- NMFS will provide the appropriate tion in a manner that may adversely state agencies with copies of EFH con- affect EFH or if new information be- servation recommendations developed comes available that affects the basis as part of the Federal consultation pro- for NMFS’ EFH conservation rec- cedures in § 600.920. NMFS will also ommendations. seek agreements on sharing informa- tion and copies of recommendations § 600.925 NMFS EFH conservation rec- with Federal or state agencies con- ommendations to Federal and state ducting similar consultation and rec- agencies. ommendation processes to ensure co- (a) General. Under section 305(b)(4) of ordination of such efforts. the Magnuson-Stevens Act, NMFS is required to provide EFH conservation § 600.930 Council comments and rec- recommendations to Federal and state ommendations to Federal and state agencies for actions that would ad- agencies. versely affect EFH. NMFS EFH con- (a) Establishment of procedures. Each servation recommendations will not Council should establish procedures for suggest that state or Federal agencies reviewing Federal or state actions that take actions beyond their statutory may adversely affect the EFH of a spe- authority. cies managed under its authority. Each (b) Recommendations to Federal agen- Council may receive information on ac- cies. For Federal actions, EFH con- tions of concern by methods such as: servation recommendations will be Directing Council staff to track pro- provided to Federal action agencies as posed actions; recommending that the part of EFH consultations conducted Council’s habitat committee identify pursuant to § 600.920. These rec- actions of concern; or entering into an ommendations fulfill the requirements agreement with NMFS to have the ap- of section 305(b)(4)(A) of the Magnuson- propriate Regional Administrator no- Stevens Act. If NMFS becomes aware tify the Council of actions that may
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adversely impact EFH. Federal and Subpart C—Management Measures state actions often follow specific timetables which may not coincide 622.30 Fishing years. 622.31 Prohibited gear and methods. with Council meetings. Therefore, 622.32 Prohibited and limited-harvest spe- Councils should consider establishing cies. abbreviated procedures for the develop- 622.33 Caribbean EEZ seasonal and/or area ment of Council recommendations. closures. (b) Early involvement. Councils should 622.34 Gulf EEZ seasonal and/or area clo- provide comments and recommenda- sures. tions on proposed state and Federal ac- 622.35 South Atlantic EEZ seasonal and/or area closures. tions of concern as early as practicable 622.36 Seasonal harvest limitations. in project planning to ensure thorough 622.37 Minimum sizes. consideration of Council concerns by 622.38 Landing fish intact. the action agency. Copies of Council 622.39 Bag and possession limits. comments and recommendations 622.40 Limitations on traps and pots. should be provided to NMFS. 622.41 Species specific limitations. (c) Anadromous fishery resources. For 622.42 Quotas. the purposes of the commenting re- 622.43 Closures. 622.44 Commercial trip limits. quirement of section 305(b)(3)(B) of the 622.45 Restrictions on sale/purchase. Magnuson-Stevens Act, an ‘‘anad- 622.46 Prevention of gear conflicts. romous fishery resource under a Coun- 622.47 Gulf groundfish trawl fishery. cil’s authority’’ is an anadromous spe- 622.48 Adjustment of management meas- cies that inhabits waters under the ures. Council’s authority at some time dur- APPENDIX A TO PART 622—SPECIES TABLES ing its life cycle. APPENDIX B TO PART 622—GULF AREAS APPENDIX C TO PART 622—FISH LENGTH MEAS- UREMENTS PART 622—FISHERIES OF THE CAR- APPENDIX D TO PART 622—SPECIFICATIONS FOR IBBEAN, GULF, AND SOUTH AT- CERTIFIED BRDS LANTIC AUTHORITY: 16 U.S.C. 1801 et seq.
Subpart A—General Provisions SOURCE: 61 FR 34934, July 3, 1996, unless otherwise noted. Sec. 622.1 Purpose and scope. Subpart A—General Provisions 622.2 Definitions and acronyms. 622.3 Relation to other laws and regula- § 622.1 Purpose and scope. tions. (a) The purpose of this part is to im- 622.4 Permits and fees. plement the FMPs prepared under the 622.5 Recordkeeping and reporting. 622.6 Vessel and gear identification. Magnuson Act by the CFMC, GMFMC, 622.7 Prohibitions. and/or SAFMC listed in Table 1 of this 622.8 At–sea observer coverage. section. (b) This part governs conservation Subpart B—Effort Limitations and management of species included in the FMPs in or from the Caribbean, 622.15 Wreckfish individual transferable Gulf, Mid-Atlantic, or South Atlantic quota (ITQ) system. EEZ, as indicated in Table 1 of this sec- 622.16 Red snapper individual transferable quota (ITQ) system. tion. For the FMPs noted in the fol- 622.17 South Atlantic golden crab controlled lowing table, conservation and man- access. agement extends to adjoining state wa- 622.18 South Atlantic snapper-grouper lim- ters for the purposes of data collection ited access. and monitoring.
TABLE 1.ÐFMPS IMPLEMENTED UNDER PART 622
Responsible fishery management FMP title council(s) Geographical area
Atlantic Coast Red Drum FMP SAFMC Mid-Atlantic and South Atlantic. FMP for Coastal Migratory Pelagic Resources GMFMC/SAFMC Gulf,1 Mid-Atlantic 1,2 and South Atlan- tic.1,&thnsp´3
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TABLE 1.ÐFMPS IMPLEMENTED UNDER PART 622ÐContinued
Responsible fishery management FMP title council(s) Geographical area
FMP for Coral and Coral Reefs of the Gulf of GMFMC Gulf. Mexico. FMP for Coral, Coral Reefs, and Live/Hard SAFMC South Atlantic. Bottom Habitats of the South Atlantic Re- gion. FMP for Corals and Reef Associated Plants CFMC Caribbean. and Invertebrates of Puerto Rico and the U.S. Virgin Islands. FMP for the Golden Crab Fishery of the SAFMC South Atlantic South Atlantic Region. FMP for Queen Conch Resources of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. FMP for the Red Drum Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Reef Fish Fishery of Puerto Rico CFMC Caribbean. and the U.S. Virgin Islands. FMP for the Reef Fish Resources of the Gulf GMFMC Gulf.1 of Mexico. FMP for the Shrimp Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Shrimp Fishery of the South At- SAFMC South Atlantic. lantic Region. FMP for the Snapper-Grouper Fishery of the SAFMC South Atlantic.1,&thnsp´4 South Atlantic Region. FMP for the Spiny Lobster Fishery of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 2 Only king and Spanish mackerel and cobia are managed under the FMP in the Mid-Atlantic. 3 Bluefish are not managed under the FMP in the South Atlantic. 4 Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC.
[61 FR 34934, July 3, 1996, as amended at 61 tached substrate exceeding 1 inch (2.54 cm) is FR 43956, Aug. 27, 1996; 61 FR 65483, Dec. 13, considered to be live rock and not allowable 1996; 63 FR 10565, Mar. 4, 1998] octocoral.
§ 622.2 Definitions and acronyms. Aquacultured live rock means live rock that is harvested under a Federal In addition to the definitions in the aquacultured live rock permit, as re- Magnuson Act and in § 600.10 of this quired under § 622.4(a)(3)(iii). chapter, and the acronyms in § 600.15 of Authorized statistical reporting agent this chapter, the terms and acronyms means: used in this part have the following (1) Any person so designated by the meanings: SRD; or Allowable chemical means a substance, (2) Any person so designated by the generally used to immobilize marine head of any Federal or State agency life so that it can be captured alive, that has entered into an agreement that, when introduced into the water, with the Assistant Administrator to does not take Gulf and South Atlantic collect fishery data. prohibited coral and is allowed by Flor- Automatic reel means a reel that re- ida for the harvest of tropical fish (e.g., mains attached to a vessel when in use quinaldine, quinaldine compounds, or from which a line and attached hook(s) similar substances). are deployed. The line is payed out Allowable octocoral means an erect, from and retrieved on the reel elec- nonencrusting species of the subclass trically or hydraulically. Octocorallia, except the seafans Bandit gear means a rod and reel that Gorgonia flabellum and G. ventalina, plus remain attached to a vessel when in the attached substrate within 1 inch use from which a line and attached (2.54 cm) of an allowable octocoral. hook(s) are deployed. The line is payed NOTE: An erect, nonencrusting species of out from and retrieved on the reel the subclass Octocorallia, except the seafans manually, electrically, or hydrau- Gorgonia flabellum and G. ventalina, with at- lically.
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BRD means bycatch reduction device. Caribbean reef fish means one or more Buoy gear means fishing gear con- of the species, or a part thereof, listed sisting of a float and one or more in Table 2 in Appendix A of this part. weighted lines suspended therefrom, Caribbean spiny lobster means the spe- generally long enough to reach the bot- cies Panulirus argus, or a part thereof. tom. A hook or hooks (usually 6 to 10) CFMC means the Caribbean Fishery are on the lines at or near the end. The Management Council. float and line(s) drift freely and are re- Charter vessel means a vessel less trieved periodically to remove catch than 100 gross tons (90.8 mt) that meets and rebait hooks. the requirements of the USCG to carry Carapace length means the straight- six or fewer passengers for hire and line distance from the orbital notch in- that engages in charter fishing at any side the orbital spine, in a line parallel time during the calendar year. A char- to the lateral rostral sulcus, to the pos- ter vessel with a commercial permit, as terior margin of the cephalothorax. required under § 622.4(a)(2), is consid- (See Figure 1 in Appendix C of this ered to be operating as a charter vessel part.) when it carries a passenger who pays a Caribbean means the Caribbean Sea fee or when there are more than three around Puerto Rico and the U.S. Virgin persons aboard, including operator and Islands. crew. Caribbean conch resource means one or Coastal migratory pelagic fish means more of the following species, or a part one or more of the following species, or thereof: a part thereof: (1) Atlantic triton’s trumpet, (1) Bluefish, Pomatomus saltatrix (Gulf Charonia variegata. of Mexico only). (2) Cameo helmet, Cassis (2) Cero, Scomberomorus regalis. madagascarensis. (3) Cobia, Rachycentron canadum. (3) Caribbean helmet, Cassis tuberosa. (4) Dolphin, Coryphaena hippurus (4) Caribbean vase, Vasum muricatum. (5) King mackerel, Scomberomorus (5) Flame helmet, Cassis flammea. cavalla. (6) Green star shell, Astrea tuber. (6) Little tunny, Euthynnus (7) Hawkwing conch, Strombus alletteratus. raninus. (7) Spanish mackerel, Scomberomorus (8) Milk conch, Strombus costatus. maculatus. (9) Queen conch, Strombus gigus. Coral area means marine habitat in (10) Roostertail conch, Strombus the Gulf or South Atlantic EEZ where gallus. coral growth abounds, including patch (11) True tulip, Fasciolaria tulipa. reefs, outer bank reefs, deep water (12) West Indian fighting conch, banks, and hard bottoms. Strombus pugilis. Dealer, in addition to the definition (13) Whelk (West Indian top shell), specified in § 600.10 of this chapter, Cittarium pica. means the person who first receives Caribbean coral reef resource means rock shrimp harvested from the EEZ one or more of the species, or a part upon transfer ashore. thereof, listed in Table 1 in Appendix A Drift gillnet, for the purposes of this of this part, whether living or dead. part, means a gillnet, other than a long Caribbean prohibited coral means, in gillnet or a run-around gillnet, that is the Caribbean; a gorgonian, that is, a unattached to the ocean bottom, re- Caribbean coral reef resource of the gardless of whether attached to a ves- Class Anthozoa, Subclass Octocorallia, sel. Order Gorgonacea; a live rock; or a Fish trap means— stony coral, that is, a Caribbean coral (1) In the Caribbean EEZ, a trap and reef resource of the Class Hydrozoa its component parts (including the (fire corals and hydrocorals) or of the lines and buoys), regardless of the con- Class Anthozoa, Subclass Hexacorallia, struction material, used for or capable Orders Scleractinia (stony corals) and of taking finfish. Antipatharia (black corals); or a part (2) In the Gulf EEZ, a trap and its thereof. component parts (including the lines
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and buoys), regardless of the construc- (5) Coral in an HAPC, including al- tion material, used for or capable of lowable octocoral. taking finfish, except a trap histori- Handline means a line with attached cally used in the directed fishery for hook(s) that is tended directly by hand. crustaceans (that is, blue crab, stone HAPC means habitat area of par- crab, and spiny lobster). ticular concern. (3) In the South Atlantic EEZ, a trap Headboat means a vessel that holds a and its component parts (including the valid Certificate of Inspection issued lines and buoys), regardless of the con- by the USCG to carry passengers for struction material, used for or capable hire. A headboat with a commercial of taking fish, except a sea bass pot, a vessel permit, as required under golden crab trap, or a crustacean trap § 622.4(a)(2), is considered to be oper- (that is, a type of trap historically used ating as a headboat when it carries a in the directed fishery for blue crab, passenger who pays a fee or— stone crab, red crab, jonah crab, or (1) In the case of persons aboard fish- spiny lobster and that contains at any ing for or possessing South Atlantic time not more than 25 percent, by snapper-grouper, when there are more number, of fish other than blue crab, persons aboard than the number of stone crab, red crab, jonah crab, and crew specified in the vessel’s Certifi- spiny lobster). cate of Inspection; or Fork length means the straight-line (2) In the case of persons aboard fish- distance from the tip of the head ing for or possessing coastal migratory (snout) to the rear center edge of the pelagic fish or Gulf reef fish, when tail (caudal fin). (See Figure 2 in Ap- there are more than three persons pendix C of this part.) aboard, including operator and crew. Golden crab means the species Headrope length means the distance, Chaceon fenneri, or a part thereof. measured along the forwardmost web- Golden crab trap means any trap used bing of a trawl net, between the points or possessed in association with a di- at which the upper lip (top edge) of the rected fishery for golden crab in the mouth of the net are attached to sleds, South Atlantic EEZ, including any doors, or other devices that spread the trap that contains a golden crab in or net. from the South Atlantic EEZ or any Hook-and-line gear means automatic trap on board a vessel that possesses reel, bandit gear, buoy gear, handline, golden crab in or from the South At- longline, and rod and reel. lantic EEZ. Live rock means living marine orga- GMFMC means the Gulf of Mexico nisms, or an assemblage thereof, at- Fishery Management Council. tached to a hard substrate, including Gulf means the Gulf of Mexico. The dead coral or rock (excluding indi- line of demarcation between the Atlan- vidual mollusk shells). tic Ocean and the Gulf of Mexico is Long gillnet means a gillnet that has specified in § 600.105(c) of this chapter. a float line that is more than 1,000 yd Gulf reef fish means one or more of (914 m) in length. the species, or a part thereof, listed in Longline means a line that is de- Table 3 in Appendix A of this part. ployed horizontally to which gangions Gulf and South Atlantic prohibited and hooks are attached. A longline coral means, in the Gulf and South At- may be a bottom longline, i.e., de- lantic, one or more of the following, or signed for use on the bottom, or a pe- a part thereof: lagic longline, i.e., designed for use off (1) Coral belonging to the Class the bottom. The longline hauler may Hydrozoa (fire corals and hydrocorals). be manually, electrically, or hydrau- (2) Coral belonging to the Class lically operated. Anthozoa, Subclass Hexacorallia, Or- MAFMC means the Mid-Atlantic ders Scleractinia (stony corals) and Fishery Management Council. Antipatharia (black corals). Mid-Atlantic means the Atlantic (3) A seafan, Gorgonia flabellum or G. Ocean off the Atlantic coastal states ventalina. from the boundary between the New (4) Coral in a coral reef, except for al- England Fishery Management Council lowable octocoral. and the MAFMC, as specified in
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§ 600.105(a) of this chapter, to the to a line extending in a direction of boundary between the MAFMC and the 135°34′55″ from true north from the SAFMC, as specified in § 600.105(b) of North Carolina/South Carolina bound- this chapter. ary, as marked by the border station Migratory group, for king and Spanish on Bird Island at 33°51′07.9″ N. lat., mackerel, means a group of fish that 78°32′32.6″ W. long. may or may not be a separate genetic Off South Carolina means the waters stock, but that is treated as a separate in the South Atlantic from a line ex- stock for management purposes. King tending in a direction of 135°34′55″ from and Spanish mackerel are divided into true north from the North Carolina/ migratory groups—the Atlantic migra- South Carolina boundary, as marked tory group and the Gulf migratory by the border station on Bird Island at group. The boundaries between these 33°51′07.9″ N. lat., 78′32′32.6″ W. long., to groups are as follows: a line extending in a direction of 104° (1) King mackerel—(i) Summer separa- from true north from the seaward ter- tion. From April 1 through October 31, minus of the South Carolina/Georgia the boundary separating the Gulf and boundary. Atlantic migratory groups of king mackerel is 25°48′ N. lat., which is a Off Texas means the waters in the ° ′ line directly west from the Monroe/Col- Gulf west of a rhumb line from 29 32.1 ° ′ ° ′ lier County, FL, boundary to the outer N. lat., 93 47.7 W. long. to 26 11.4 N. ° ′ limit of the EEZ. lat., 92 53 W. long., which line is an ex- (ii) Winter separation. From Novem- tension of the boundary between Lou- ber 1 through March 31, the boundary isiana and Texas. separating the Gulf and Atlantic mi- Penaeid shrimp trawler means any ves- gratory groups of king mackerel is sel that is equipped with one or more 29°25′ N. lat., which is a line directly trawl nets whose on-board or landed east from the Volusia/Flagler County, catch of brown, pink, or white shrimp FL, boundary to the outer limit of the (penaeid shrimp) is more than 1 per- EEZ. cent, by weight, of all fish comprising (2) Spanish mackerel. The boundary its on-board or landed catch. separating the Gulf and Atlantic mi- Powerhead means any device with an gratory groups of Spanish mackerel is explosive charge, usually attached to a 25°20.4′ N. lat., which is a line directly speargun, spear, pole, or stick, that east from the Dade/Monroe County, fires a projectile upon contact. FL, boundary to the outer limit of the Processor means a person who proc- EEZ. esses fish or fish products, or parts Off Florida means the waters in the thereof, for commercial use or con- Gulf and South Atlantic from 30°42′45.6″ sumption. N. lat., which is a line directly east Purchase means the act or activity of from the seaward terminus of the Geor- buying, trading, or bartering, or at- ° ′ ″ gia/Florida boundary, to 87 31 06 W. tempting to buy, trade, or barter. long., which is a line directly south Red drum, also called redfish, means from the Alabama/Florida boundary. Sciaenops ocellatus, or a part thereof. Off Georgia means the waters in the South Atlantic from a line extending Red snapper means Lutjanus in a direction of 104° from true north campechanus, or a part thereof, one of from the seaward terminus of the the Gulf reef fish species. South Carolina/Georgia boundary to Regional Director (RD), for the pur- 30°42′45.6″ N. lat., which is a line di- poses of this part, means the Director, rectly east from the seaward terminus Southeast Region, NMFS (see Table 1 of the Georgia/Florida boundary. of § 600.502 of this chapter). Off Louisiana, Mississippi, and Ala- Rod and reel means a rod and reel bama means the waters in the Gulf unit that is not attached to a vessel, other than off Florida and off Texas. or, if attached, is readily removable, Off North Carolina means the waters from which a line and attached hook(s) in the South Atlantic from 36°34′55″ N. are deployed. The line is payed out lat., which is a line directly east from from and retrieved on the reel manu- the Virginia/North Carolina boundary, ally, electrically, or hydraulically.
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Run-around gillnet means a gillnet, may be closed and/or the tail may be other than a long gillnet, that, when squeezed together to give the greatest used, encloses an area of water. overall measurement. (See Figure 2 in SAFMC means the South Atlantic Appendix C of this part.) Fishery Management Council. Toxic chemical means any substance, Sale or sell means the act or activity other than an allowable chemical, that, of transferring property for money or when introduced into the water, can credit, trading, or bartering, or at- stun, immobilize, or take marine life. tempting to so transfer, trade, or bar- Trammel net means two or more pan- ter. els of netting, suspended vertically in Science and Research Director (SRD), the water by a common float line and for the purposes of this part, means the a common weight line, with one panel Science and Research Director, South- having a larger mesh size than the east Fisheries Science Center, NMFS other(s), to entrap fish in a pocket of (see Table 1 of § 600.502 of this chapter). netting. Sea bass pot means a trap has six rec- Trip means a fishing trip, regardless tangular sides and does not exceed 25 of number of days duration, that begins inches (63.5 cm) in height, width, or with departure from a dock, berth, depth. beach, seawall, or ramp and that termi- Shrimp means one or more of the fol- nates with return to a dock, berth, lowing species, or a part thereof: beach, seawall, or ramp. (1) Brown shrimp, Penaeus aztecus. Try net, also called test net, means a (2) Pink shrimp, Penaeus duorarum. net pulled for brief periods by a shrimp (3) Rock shrimp, Sicyonia brevirostris. trawler to test for shrimp concentra- (4) Royal red shrimp, Pleoticus tions or determine fishing conditions robustus. (e.g., presence or absence of bottom de- (5) Seabob shrimp, Xiphopenaeus bris, jellyfish, bycatch, seagrasses). kroyeri. Wild live rock means live rock other (6) White shrimp, Penaeus setiferus. than aquacultured live rock. Shrimp trawler means any vessel that Wreckfish means the species Polyprion is equipped with one or more trawl nets americanus, or a part thereof, one of the whose on-board or landed catch of South Atlantic snapper-grouper spe- shrimp is more than 1 percent, by cies. weight, of all fish comprising its on- [61 FR 34934, July 3, 1996, as amended at 61 board or landed catch. FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, SMZ means special management 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, zone. Apr. 16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR South Atlantic means the Atlantic 18144, Apr. 14, 1998] Ocean off the Atlantic coastal states from the boundary between the § 622.3 Relation to other laws and reg- MAFMC and the SAFMC, as specified ulations. in § 600.105(b) of this chapter, to the (a) The relation of this part to other line of demarcation between the Atlan- laws is set forth in § 600.705 of this tic Ocean and the Gulf of Mexico, as chapter and paragraphs (b) and (c) of specified in § 600.105(c) of this chapter. this section. South Atlantic snapper-grouper means (b) Except for regulations on allow- one or more of the species, or a part able octocoral, Gulf and South Atlantic thereof, listed in Table 4 in Appendix A prohibited coral, and live rock, this of this part. part is intended to apply within the Stab net means a gillnet, other than a EEZ portions of applicable National long gillnet, or trammel net whose Marine Sanctuaries and National weight line sinks to the bottom and Parks, unless the regulations gov- submerges the float line. erning such Sanctuaries or Parks pro- Total length (TL), for the purposes of hibit their application. Regulations on this part, means the straight-line dis- allowable octocoral, Gulf and South tance from the tip of the snout to the Atlantic prohibited coral, and live rock tip of the tail (caudal fin), excluding do not apply within the EEZ portions any caudal filament, while the fish is of the following National Marine Sanc- lying on its side. The mouth of the fish tuaries and National Parks:
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(1) Everglades National Park (36 CFR (2) Commercial vessel permits, licenses, 7.45). and endorsements—(i) Fish traps in the (2) Looe Key National Marine Sanc- Gulf. For a person to possess or use a tuary (15 CFR part 937). fish trap in the EEZ in the Gulf of Mex- (3) Fort Jefferson National Monu- ico, a commercial vessel permit for ment (36 CFR 7.27). Gulf reef fish with a fish trap endorse- (4) Key Largo Coral Reef National ment must have been issued to the ves- Marine Sanctuary (15 CFR part 929). sel and must be on board. See para- (5) Biscayne National Park (16 U.S.C. graph (n) of this section regarding fish 410gg). trap endorsements. (6) Gray’s Reef National Marine (ii) Gillnets for king mackerel in the Sanctuary (15 CFR Part 938). Florida west coast subzone. For a person aboard a vessel to use a run-around (7) Monitor Marine Sanctuary (15 gillnet for king mackerel in the Flor- CFR part 924). ida west coast subzone (see (c) For allowable octocoral, if a state § 622.42(c)(1)(i)(A)(3)), a commercial ves- has a catch, landing, or gear regulation sel permit for king and mackerel with that is more restrictive than a catch, a gillnet endorsement must have been landing, or gear regulation in this part, issued to the vessel and must be on a person landing in such state allow- board. See paragraph (o) of this section able octocoral taken from the Gulf or for restrictions on addition or deletion South Atlantic EEZ must comply with of a gillnet endorsement. the more restrictive state regulation. (iii) King mackerel. For a person (d) General provisions on facilitation aboard a vessel to be eligible for ex- of enforcement, penalties, and enforce- emption from the bag limits and to fish ment policy applicable to all domestic under a quota for king mackerel in or fisheries are set forth in §§ 600.730, from the Gulf, Mid-Atlantic, or South 600.735, and 600.740 of this chapter, re- Atlantic EEZ, a commercial vessel per- spectively. mit for king mackerel must have been (e) An activity that is otherwise pro- issued to the vessel and must be on hibited by this part may be conducted board. To obtain or renew a commer- if authorized as scientific research ac- cial vessel permit for king mackerel tivity, exempted fishing, or exempted valid through April 30, 1999, at least 10 educational activity, as specified in percent of the applicant’s earned in- § 600.745 of this chapter. come must have been derived from commercial fishing (i.e., harvest and § 622.4 Permits and fees. first sale of fish) during one of the 3 (a) Permits required. To conduct ac- calendar years preceding the applica- tivities in fisheries governed in this tion. To obtain or renew a commercial part, valid permits, licenses, and en- vessel permit for king mackerel valid dorsements are required as follows: after April 30, 1999, at least 25 percent (1) Charter vessel/headboat permits. For of the applicant’s earned income, or at a person aboard a vessel that is oper- least $10,000, must have been derived ating as a charter vessel or headboat to from commercial fishing (i.e., harvest fish for or possess coastal migratory and first sale of fish) or from charter pelagic fish, Gulf reef fish, or South At- fishing during one of the 3 calendar lantic snapper-grouper in or from the years preceding the application. See EEZ, a charter vessel/headboat permit paragraph (q) of this section regarding for coastal migratory pelagic fish, Gulf a moratorium on commercial vessel reef fish, or South Atlantic snapper- permits for king mackerel, initial per- grouper, respectively, must have been mits under the moratorium, transfers issued to the vessel and must be on of permits during the moratorium, and board. A charter vessel or headboat limited exceptions to the earned in- may have both a charter vessel/ come or gross sales requirement for a headboat permit and a commercial ves- permit. sel permit. However, when a vessel is (iv) Spanish mackerel. For a person operating as a charter vessel or aboard a vessel to be eligible for ex- headboat, a person aboard must adhere emption from the bag limits and to fish to the bag limits. under a quota for Spanish mackerel in
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or from the Gulf, Mid-Atlantic, or vessel and must be on board. A vessel South Atlantic EEZ, a commercial ves- with longline gear and more than 200 lb sel permit for Spanish mackerel must (90.7 kg) of tilefish on board is consid- have been issued to the vessel and must ered to be in the directed fishery for be on board. To obtain or renew a com- tilefish. It is a rebuttable presumption mercial vessel permit for Spanish that a fishing vessel with more than mackerel valid through April 30, 1999, 200 lb (90.7 kg) of tilefish on board har- at least 10 percent of the applicant’s vested such tilefish in the EEZ. See earned income must have been derived § 622.18 for limitations on the use, from commercial fishing (i.e., harvest transfer, and renewal of a commercial and first sale of fish) during one of the vessel permit for South Atlantic snap- 3 calendar years preceding the applica- per-grouper. tion. To obtain or renew a commercial (vii) Wreckfish. For a person aboard a vessel permit for Spanish mackerel vessel to fish for wreckfish in the valid after April 30, 1999, at least 25 South Atlantic EEZ, possess wreckfish percent of the applicant’s earned in- in or from the South Atlantic EEZ, off- come, or at least $10,000, must have load wreckfish from the South Atlantic been derived from commercial fishing EEZ, or sell wreckfish in or from the (i.e., harvest and first sale of fish) or South Atlantic EEZ, a commercial ves- from charter fishing during one of the sel permit for wreckfish must have 3 calendar years preceding the applica- been issued to the vessel and must be tion. on board. To obtain a commercial ves- (v) Gulf reef fish. For a person aboard sel permit for wreckfish, the applicant a vessel to be eligible for exemption must be a wreckfish shareholder; and from the bag limits, to fish under a either the shareholder must be the ves- quota, or to sell Gulf reef fish in or sel owner or the owner or operator from the Gulf EEZ, a commercial ves- must be an employee, contractor, or sel permit for Gulf reef fish must have agent of the shareholder. (See § 622.15 been issued to the vessel and must be for information on wreckfish share- on board. To obtain or renew a com- holders.) mercial vessel permit for Gulf reef fish, (viii) South Atlantic rock shrimp. For a more than 50 percent of the applicant’s earned income must have been derived person aboard a vessel to fish for rock from commercial fishing (i.e., harvest shrimp in the South Atlantic EEZ or and first sale of fish) or from charter possess rock shrimp in or from the fishing during either of the 2 calendar South Atlantic EEZ, a commercial ves- years preceding the application. See sel permit for rock shrimp must be paragraph (m) of this section regarding issued to the vessel and must be on a moratorium on commercial vessel board. permits for Gulf reef fish and limited (ix) Gulf red snapper. For a person exceptions to the earned income re- aboard a vessel for which a commercial quirement for a permit. vessel permit for Gulf reef fish has been (vi) South Atlantic snapper-grouper. issued to retain red snapper under the For a person aboard a vessel to be eligi- trip limits specified in § 622.44(e)(1) or ble for exemption from the bag limits (2), a Class 1 or Class 2 Gulf red snapper for South Atlantic snapper-grouper in license must have been issued to the or from the South Atlantic EEZ, to en- vessel and must be on board. See para- gage in the directed fishery for tilefish graph (p) of this section regarding ini- in the South Atlantic EEZ, to use a tial issue of red snapper licenses. longline to fish for South Atlantic (x) For a person aboard a vessel to snapper-grouper in the South Atlantic fish for golden crab in the South Atlan- EEZ, or to use a sea bass pot in the tic EEZ, possess golden crab in or from South Atlantic EEZ between 35°15.3’ N. the South Atlantic EEZ, off-load gold- lat. (due east of Cape Hatteras Light, en crab from the South Atlantic EEZ, NC) and 28°35.1’ N. lat. (due east of the or sell golden crab in or from the South NASA Vehicle Assembly Building, Cape Atlantic EEZ, a commercial vessel per- Canaveral, FL), a commercial vessel mit for golden crab must be issued to permit for South Atlantic snapper- the vessel and must be on board. It is a grouper must have been issued to the rebuttable presumption that a golden
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crab on board a vessel in the South At- (A) Landing in Florida fish or other lantic or off-loaded from a vessel in a marine organisms taken with an allow- port adjoining the South Atlantic was able chemical in a coral area. harvested from the South Atlantic (B) Landing allowable octocoral in EEZ. See § 622.17 for limitations on the Florida. use, transfer, and renewal of a commer- (C) Landing live rock in Florida. cial vessel permit for golden crab. (vi) Wild live rock permits. A Federal (3) Coral permits—(i) Allowable chem- permit is required for a vessel to take ical. For an individual to take or pos- or possess wild live rock in or from the sess fish or other marine organisms Gulf EEZ. To be eligible for a wild live with an allowable chemical in a coral rock vessel permit, the current owner area, other than fish or other marine of the vessel for which the permit is re- organisms that are landed in Florida, a quested must have had the required Federal allowable chemical permit Florida permit and endorsements for must have been issued to the indi- live rock on or before February 3, 1994, vidual. Such permit must be available and a record of landings of live rock on when the permitted activity is being or before February 3, 1994, as docu- conducted and when such fish or other mented on trip tickets received by the marine organisms are possessed, Florida Department of Environmental through landing ashore. Protection before March 15, 1994. For (ii) Allowable octocoral. For an indi- landings other than in Florida, equiva- vidual to take or possess allowable lent state permits/endorsements, if re- octocoral in the Gulf or South Atlantic quired, and landing records may be EEZ, other than allowable octocoral substituted for the Florida permits/en- that is landed in Florida, a Federal al- dorsements and trip tickets. An owner lowable octocoral permit must have will not be issued permits in numbers been issued to the individual. Such per- exceeding the number of vessels for mit must be available for inspection which the owning entity had the req- when the permitted activity is being uisite reported landings. An owner of a conducted and when allowable permitted vessel may transfer the ves- octocoral is possessed, through landing sel permit to another vessel owned by ashore. the same person by returning the exist- (iii) Aquacultured live rock. For a per- ing permit with an application for a son to take or possess aquacultured vessel permit for the replacement ves- live rock in the Gulf or South Atlantic sel. No wild live rock vessel permits EEZ, a Federal aquacultured live rock will be issued after the quota for wild permit must have been issued for the live rock in the Gulf, as specified in specific harvest site. Such permit, or a § 622.42(b)(2), is reached or after Decem- copy, must be on board a vessel depos- ber 31, 1996. iting or possessing material on an (4) Dealer permits. For a dealer to re- aquacultured live rock site or har- ceive Gulf reef fish, golden crab har- vesting or possessing live rock from an vested from the South Atlantic EEZ, aquacultured live rock site. South Atlantic snapper-grouper, rock (iv) Prohibited coral. A Federal permit shrimp harvested from the South At- may be issued to take or possess Gulf lantic EEZ, or wreckfish, a dealer per- and South Atlantic prohibited coral or mit for Gulf reef fish, golden crab, Caribbean prohibited coral only as sci- South Atlantic snapper-grouper, rock entific research activity, exempted shrimp, or wreckfish, respectively, fishing, or exempted educational activ- must be issued to the dealer. To obtain ity. See § 600.745 of this chapter for the a dealer permit, the applicant must procedures and limitations for such ac- have a valid state wholesaler’s license tivities and fishing. in the state(s) where the dealer oper- (v) Florida permits. Appropriate Flor- ates, if required by such state(s), and ida permits and endorsements are re- must have a physical facility at a fixed quired for the following activities, location in such state(s). without regard to whether they involve (b) Applications for permits. Applica- activities in the EEZ or Florida’s wa- tion forms for all permits are available ters: from the RD. Completed application
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forms and all required supporting docu- (2) Dealer permits. (i) The application ments must be submitted to the RD at for a dealer permit must be submitted least 30 days prior to the date on which by the owner (in the case of a corpora- the applicant desires to have the per- tion, an officer or shareholder; in the mit made effective. All vessel permits case of a partnership, a general part- are mailed to owners, whether the ap- ner). plicant is an owner or an operator. (ii) An applicant must provide the (1) Coral permits. (i) The applicant for following: a coral permit must be the individual (A) A copy of each state wholesaler’s who will be conducting the activity license held by the dealer. that requires the permit. In the case of a corporation or partnership that will (B) Name, address, telephone number, be conducting live rock aquaculture date the business was formed, and activity, the applicant must be the other identifying information of the principal shareholder or a general part- business. ner. (C) The address of each physical fa- (ii) An applicant must provide the cility at a fixed location where the following: business receives fish. (A) Name, address, telephone num- (D) Name, address, telephone num- ber, and other identifying information ber, other identifying information, and of the applicant. official capacity in the business of the (B) Name and address of any affili- applicant. ated company, institution, or organiza- (E) Any other information that may tion. be necessary for the issuance or admin- (C) Information concerning vessels, istration of the permit, as specified on harvesting gear/methods, or fishing the application form. areas, as specified on the application (3) Vessel permits. (i) The application form. for a commercial vessel permit, other (D) Any other information that may than for wreckfish, or for a charter ves- be necessary for the issuance or admin- sel/headboat permit must be submitted istration of the permit. (E) If applying for an aquacultured by the owner (in the case of a corpora- live rock permit, identification of each tion, an officer or shareholder; in the vessel that will be depositing material case of a partnership, a general part- on or harvesting aquacultured live ner) or operator of the vessel. A com- rock from the proposed aquacultured mercial vessel permit that is issued live rock site, specification of the port based on the earned income qualifica- of landing of aquacultured live rock, tion of an operator is valid only when and a site evaluation report prepared that person is the operator of the ves- pursuant to generally accepted indus- sel. The applicant for a commercial try standards that— vessel permit for wreckfish must be a (1) Provides accurate coordinates of wreckfish shareholder. the proposed harvesting site so that it (ii) An applicant must provide the can be located using LORAN or Global following: Positioning System equipment; (A) A copy of the vessel’s valid USCG (2) Shows the site on a chart in suffi- certificate of documentation or, if not cient detail to determine its size and documented, a copy of its valid state allow for site inspection; registration certificate. (3) Discusses possible hazards to safe (B) Vessel name and official number. navigation or hindrance to vessel traf- fic, traditional fishing operations, or (C) Name, address, telephone number, other public access that may result and other identifying information of from aquacultured live rock at the site; the vessel owner and of the applicant, (4) Describes the naturally occurring if other than the owner. bottom habitat at the site; and (D) Any other information con- (5) Specifies the type and origin of cerning the vessel, gear characteris- material to be deposited on the site tics, principal fisheries engaged in, or and how it will be distinguishable from fishing areas, as specified on the appli- the naturally occurring substrate. cation form.
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(E) Any other information that may notification, the application will be be necessary for the issuance or admin- considered abandoned. istration of the permit, as specified on (f) Duration. A permit remains valid the application form. for the period specified on it unless it (F) If applying for a commercial ves- is revoked, suspended, or modified pur- sel permit, documentation, as specified suant to subpart D of 15 CFR part 904 in the instructions accompanying each or the vessel or dealership is sold. application form, showing that applica- (g) Transfer. A vessel permit, license, ble eligibility requirements of para- or endorsement or dealer permit issued graph (a)(2) of this section have been under this section is not transferable met. or assignable, except as provided in (G) If a fish trap or sea bass pot will paragraph (m) of this section for a be used, the number, dimensions, and commercial vessel permit for Gulf reef estimated cubic volume of the traps/ fish, in paragraph (n) of this section for pots that will be used and the appli- a fish trap endorsement, in paragraph cant’s desired color code for use in (p) of this section for a red snapper li- identifying his or her vessel and buoys cense, in paragraph (q) of this section (white is not an acceptable color code). for a king mackerel permit, in (c) Change in application information. § 622.17(i) for a commercial vessel per- The owner or operator of a vessel with mit for golden crab, or in § 622.18(e) for a permit or a dealer with a permit a commercial vessel permit for South must notify the RD within 30 days Atlantic snapper-grouper. A person after any change in the application in- who acquires a vessel or dealership who formation specified in paragraph (b) of desires to conduct activities for which this section. The permit is void if any a permit or endorsement is required change in the information is not re- must apply for a permit or endorse- ported within 30 days. ment in accordance with the provisions (d) Fees. A fee is charged for each ap- of this section. If the acquired vessel or plication for a permit, license, or en- dealership is currently permitted, the dorsement submitted under this sec- application must be accompanied by tion, for each request for transfer or re- the original permit and a copy of a placement of such permit, license, or signed bill of sale or equivalent acqui- endorsement, and for each fish trap or sition papers. sea bass pot identification tag required (h) Renewal. Although a permit re- under § 622.6(b)(1)(i)(B). The amount of quired by this section is issued on an each fee is calculated in accordance annual basis, an application for permit with the procedures of the NOAA Fi- renewal is required only every 2 years. nance Handbook, available from the In the interim years, a permit is re- RD, for determining the administrative newed automatically (without applica- costs of each special product or service. tion) for a vessel owner or dealer who The fee may not exceed such costs and has met the specific requirements for is specified with each application form. the requested permit, who has sub- The appropriate fee must accompany mitted all reports required under the each application, request for transfer Magnuson Act, and who is not subject or replacement, or request for fish trap/ to a permit sanction or denial under sea bass pot identification tags. paragraph (j) of this section. An owner (e) Initial issuance. (1) The RD will or dealer whose permit is expiring will issue an initial permit at any time to be mailed a notification by the RD ap- an applicant if the application is com- proximately 2 months prior to expira- plete and the specific requirements for tion of the current permit. That notifi- the requested permit have been met. cation will advise the status of the re- An application is complete when all re- newal of the permit. That is, the notifi- quested forms, information, and docu- cation will advise that the renewed mentation have been received. permit will be issued without further (2) Upon receipt of an incomplete ap- action by the owner or dealer, that the plication, the RD will notify the appli- permit is not eligible for automatic re- cant of the deficiency. If the applicant newal, or that a new application is re- fails to correct the deficiency within 30 quired. A notification that a permit is days of the date of the RD’s letter of not eligible for automatic renewal will
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specify the reasons and will provide an ment for timely renewal in paragraph opportunity for correction of any defi- (m)(6) of this section. ciencies. A notification that a new ap- (2) An owner of a permitted vessel plication is required will include a may transfer the commercial vessel preprinted renewal application. An permit for Gulf reef fish to another ves- automatically renewed permit will be sel owned by the same entity. mailed by the RD approximately 1 (3) An owner whose earned income month prior to expiration of the old qualified for the commercial vessel per- permit. A vessel owner or dealer who mit for Gulf reef fish may transfer the does not receive a notification of sta- permit to the owner of another vessel, tus of renewal of a permit by 45 days or to the new owner when he or she prior to expiration of the current per- transfers ownership of the permitted mit must contact the RD. vessel. Such owner of another vessel, or (i) Display. A vessel permit, license, new owner, may receive a commercial or endorsement issued under this sec- vessel permit for Gulf reef fish for his tion must be carried on board the ves- or her vessel, and renew it through sel. A dealer permit issued under this April 15 following the first full cal- section, or a copy thereof, must be endar year after obtaining it, without available on the dealer’s premises. In meeting the earned income require- addition, a copy of the dealer’s permit ment of paragraph (a)(2)(v) of this sec- must accompany each vehicle that is tion. However, to further renew the used to pick up from a fishing vessel commercial vessel permit, the owner of reef fish harvested from the Gulf EEZ. the other vessel, or new owner, must The operator of a vessel must present meet the earned income requirement the permit, license, or endorsement for not later than the first full calendar inspection upon the request of an au- year after the permit transfer takes thorized officer. A dealer or a vehicle place. operator must present the permit or a (4) An owner of a permitted vessel, copy for inspection upon the request of the permit for which is based on an op- an authorized officer. erator’s earned income and, thus, is valid only when that person is the op- (j) Sanctions and denials. A permit, li- erator of the vessel, may transfer the cense, or endorsement issued pursuant permit to the income qualifying oper- to this section may be revoked, sus- ator when such operator becomes an pended, or modified, and a permit, li- owner of a vessel. cense, or endorsement application may (5) An owner of a permitted vessel, be denied, in accordance with the pro- the permit for which is based on an op- cedures governing enforcement-related erator’s earned income and, thus, is permit sanctions and denials found at valid only when that person is the op- subpart D of 15 CFR part 904. erator of the vessel, may have the oper- (k) Alteration. A permit, license, or ator qualification on the permit re- endorsement that is altered, erased, or moved, and renew it without such qual- mutilated is invalid. ification through April 15 following the (l) Replacement. A replacement per- first full calendar year after removing mit, license, or endorsement may be it, without meeting the earned income issued. An application for a replace- requirement of paragraph (a)(2)(v) of ment permit, license, or endorsement this section. However, to further renew is not considered a new application. the commercial vessel permit, the (m) Moratorium on commercial vessel owner must meet the earned income re- permits for Gulf reef fish. The provisions quirement not later than the first full of this paragraph (m) are applicable calendar year after the operator quali- through December 31, 2000. fication is removed. To have an oper- (1) No applications for additional ator qualification removed from a per- commercial vessel permits for Gulf reef mit, the owner must return the origi- fish will be accepted. Existing vessel nal permit to the RD with an applica- permits may be renewed, are subject to tion for the changed permit. the restrictions on transfer or change (6) A commercial vessel permit for in paragraphs (m)(2) through (5) of this Gulf reef fish that is not renewed or section, and are subject to the require- that is revoked will not be reissued. A
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permit is considered to be not renewed November 20, 1992, through February 6, when an application for renewal is not 1994, and who was unable to obtain a received by the RD within 1 year of the fish trap endorsement for the vessel expiration date of the permit. with the reported landings. (n) Endorsements for fish traps in the (4) The owner of a vessel that is to re- Gulf. The provisions of this paragraph ceive a transferred endorsement must (n) are applicable through February 7, return the originals of the endorsed 2007. After February 7, 2007, no fish trap commercial vessel permit for Gulf reef endorsements are valid. fish and the unendorsed permit to the (1) Only those fish trap endorsements RD with an application for a fish trap that are valid on February 7, 1997, may endorsement for his or her vessel. be renewed. Such endorsements are (5) A fish trap endorsement that is subject to the restrictions on transfer not renewed or that is revoked will not in paragraphs (n)(2) and (3) of this sec- be reissued. Such endorsement is con- tion and are subject to the requirement sidered to be not renewed when an ap- for timely renewal in paragraph (n)(5) plication for renewal is not received by of this section. the RD within 1 year of the expiration (2) Through February 7, 1999, a fish date of the permit. trap endorsement may be transferred (o) Endorsements for the use of gillnets only to a vessel that has a commercial for king mackerel in the Florida west permit for reef fish. coast subzone. Other paragraphs of this (3) After February 7, 1999, a fish trap section notwithstanding— endorsement is not transferable except (1) An owner of a vessel that has a as follows: commercial vessel permit for king (i) An owner of a vessel with a fish mackerel may add or delete a gillnet trap endorsement may transfer the en- endorsement on a permit by returning dorsement to another vessel owned by to the RD the vessel’s existing permit the same entity. with a written request for addition or (ii) A fish trap endorsement is trans- deletion of the gillnet endorsement. ferable upon a change of ownership of a Such request must be postmarked or permitted vessel with such endorse- hand delivered during June, each year. ment from one to another of the fol- (2) A gillnet endorsement may not be lowing: Husband, wife, son, daughter, added or deleted from July 1 through brother, sister, mother, or father. May 31 each year, any renewal of the (iii) When a change of ownership of a permit during that period notwith- vessel with a fish trap endorsement is standing. From July 1 through May 31, directly related to the disability or a permitted vessel that is sold, if per- death of the owner, the RD may issue mitted by the new owner for king such endorsement, temporarily or per- mackerel, will receive a permit with or manently, with the commercial vessel without the gillnet endorsement as was permit for Gulf reef fish that is issued the case for the vessel under the pre- for the vessel under the new owner. vious owner. From July 1 through May Such new owner will be the person 31, the initial commercial vessel per- specified by the owner or his/her legal mit for king mackerel issued for a ves- guardian, in the case of a disabled sel new to the fishery will be issued owner, or by the will or executor/ad- without a gillnet endorsement. ministrator of the estate, in the case of (p) Gulf red snapper licenses—(1) Class a deceased owner. (Paragraphs (m)(3) 1 licenses. To be eligible for the 2,000–lb and (4) of this section apply for the (907–kg) trip limit for Gulf red snapper transfer of a commercial vessel permit specified in § 622.44(e)(1), a vessel must for Gulf reef fish upon disability or have been issued both a valid commer- death of an owner.) cial vessel permit for Gulf reef fish and (iv) A fish trap endorsement may be a valid Class 1 Gulf red snapper license, transferred to a vessel with a commer- and such permit and license must be on cial vessel permit for Gulf reef fish board. whose owner has a record of landings of (2) Class 2 licenses. To be eligible for reef fish from fish traps in the Gulf the 200–lb (91–kg) trip limit for Gulf red EEZ, as reported on fishing vessel snapper specified in § 622.44(e)(2), a ves- logbooks received by the SRD, from sel must have been issued both a valid
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commercial vessel permit for Gulf reef (ii) Class 2 licenses. (A) An initial fish and a valid Class 2 Gulf red snap- Class 2 license will be issued for the per license, and such permit and li- vessel specified by an owner or oper- cense must be on board. ator whose income qualified for a com- (3) Operator restriction. An initial Gulf mercial vessel permit for reef fish that red snapper license that is issued for a was valid on March 1, 1997, and such vessel based on the qualification of an owner or operator was the person operator or historical captain is valid whose earned income qualified for a only when that operator or historical commercial vessel permit for reef fish captain is the operator of the vessel. that had a landing of red snapper dur- When applicable, this operator restric- ing the period from January 1, 1990, tion is shown on the license. through February 28, 1997. (4) Transfer of Gulf red snapper li- (B) For the purpose of paragraph censes. A red snapper license may be (p)(5)(ii)(A) of this section, landings of transferred independently of a com- red snapper are as recorded in the in- mercial vessel permit for Gulf reef fish. formation collected under Amendment To request the transfer of a red snapper 9 to the FMP (59 FR 39301, August 2, license, complete the transfer informa- 1994) for the period 1990 through 1992 tion on the reverse of the license and and in fishing vessel logbooks, as re- return it to the RD. quired under § 622.5(a)(1)(ii), received by the SRD not later than March 31, 1997, (5) Initial issue of Gulf red snapper li- for the period from January 1, 1993, censes—(i) Class 1 licenses. (A) An ini- through February 28, 1997. tial Class 1 license will be issued for (C) A vessel’s red snapper landings the vessel specified by the holder of a record during the period from January valid red snapper endorsement on 1, 1990, through February 28, 1997, is re- March 1, 1997, and to a historical cap- tained by the owner at the time of the tain. In the event of death or disability landings if the vessel’s permit was of such holder between March 1, 1997, transferred to another vessel owned by and the date Class 1 licenses are issued, him or her. When a vessel has had a a Class 1 license will be issued for the change of ownership and concurrent vessel specified by the person to whom transfer of its permit, the vessel’s red the red snapper endorsement was snapper landings record is credited to transferred. the owner of that vessel on March 1, (B) Status as a historical captain is 1997, unless there is a legally binding based on information collected under agreement under which a previous Amendment 9 to the Fishery Manage- owner retained the landings record. An ment Plan for the Reef Fish Resources owner who claims such retention of a of the Gulf of Mexico (FMP) (59 FR landings record must submit a copy of 39301, August 2, 1994). A historical cap- the agreement to the RD postmarked tain is an operator who— or hand delivered not later than Janu- (1) From November 6, 1989, through ary 30, 1998. However, an owner who 1993, fished solely under verbal or writ- submits a copy of such agreement after ten share agreements with an owner, January 6, 1998, is not assured that a and such agreements provided for the red snapper license will be issued be- operator to be responsible for hiring fore the opening of the commercial the crew, who was paid from the share fishery for red snapper on February 1, under his or her control; 1998. (2) Landed from that vessel at least (6) Implementation procedures—(i) Ini- 5,000 lb (2,268 kg) of red snapper per tial notification. The RD will notify year in 2 of the 3 years 1990, 1991, and each owner of a vessel that had a valid 1992; permit for Gulf reef fish on March 1, (3) Derived more than 50 percent of 1997, each operator whose earned in- his or her earned income from commer- come qualified for a valid permit on cial fishing, that is, sale of the catch, that date, and each potential historical in each of the years 1989 through 1993; captain of his or her eligibility for a and Class 1 or Class 2 red snapper license. (4) Landed red snapper prior to No- Initial determinations of eligibility vember 7, 1989. will be based on NMFS’ records of red
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snapper endorsements, red snapper tions for each application for reconsid- landings during the period from Janu- eration referred to the committee to ary 1, 1990, through February 28, 1997, the RD. The committee may only de- and applications for historical captain liberate whether the eligibility criteria status under Amendment 9 to the FMP specified in paragraph (p)(5) of this sec- (59 FR 39301, August 2, 1994). An owner, tion were applied correctly in the ap- operator, or potential historical cap- plicant’s case, based solely on the tain who concurs with NMFS’ initial available record, including documenta- determination of eligibility need take tion submitted by the applicant. Nei- no further action. Each owner, oper- ther the committee nor the RD may ator, and historical captain who is ini- consider whether a person should have tially determined to be eligible will be been eligible for historical captain sta- issued an appropriate license not later tus or a Class 2 license because of hard- than January 23, 1998. ship or other factors. The RD will (ii) Reconsideration. (A) An owner, op- make a final decision based on the ini- erator, or potential historical captain tial eligibility criteria in paragraph who does not concur with NMFS’ ini- (p)(5) of this section and the available tial determination of eligibility for his- record, including documentation sub- torical captain status or for a Class 2 mitted by the applicant, and, if the re- red snapper license may request recon- quest is considered by the committee, sideration of that initial determination the recommendations and comments by the RD. from each member of the committee. (B) A written request for reconsider- The RD will notify the applicant of the ation must be submitted to the RD decision and the reason therefore, in postmarked or hand delivered not later writing, within 15 days of receiving the than February 10, 1998, and must pro- recommendations of the committee vide written documentation supporting members. If the application is not con- the basis for reconsideration. However, sidered by the committee, the RD will an owner who submits such request provide such notification within 15 after January 13, 1998, is not assured days of the RD’s receipt of the request that a red snapper license will be for reconsideration. The RD’s decision issued before the opening of the com- will constitute the final administrative mercial fishery for red snapper on Feb- action by NMFS on an application for ruary 1, 1998. Upon request by the reconsideration. owner, operator, or potential historical (q) Moratorium on commercial vessel captain, the RD will forward the initial permits for king mackerel. This para- determination, the request for recon- graph (q) is effective through October sideration, and pertinent records to a 15, 2000. committee consisting of the principal (1) Effective March 4, 1998, an initial state officials who are members of the commercial vessel permit for king GMFMC, or their designees. An owner, mackerel will be issued only if the ves- operator, or potential historical cap- sel owner was the owner of a vessel tain may request to make a personal with a commercial vessel permit for appearance before the committee in his king mackerel on or before October 16, or her request for reconsideration. If an 1995. A king mackerel permit for a ves- owner, operator, or potential historical sel whose owner does not meet this captain requests that his or her request moratorium criterion may be renewed be forwarded to the committee, such a only through April 30, 1999. request constitutes the applicant’s (2) To obtain a commercial vessel written authorization under section permit for king mackerel under the 402(b)(1)(F) of the Magnuson-Stevens moratorium, an owner or operator of a Fishery Conservation and Management vessel that does not have a valid king Act (16 U.S.C. 1801 et seq.) for the RD to mackerel permit on March 4, 1998, must make available to the committee mem- submit an application to the RD post- bers such confidential catch and other marked or hand delivered not later records as are pertinent to the matter than June 2, 1998. Other than applica- under reconsideration. tions for renewals of commercial vessel (C) Members of the committee will permits for king mackerel, no applica- provide their individual recommenda- tions for commercial vessel permits for
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king mackerel will be accepted after erator of the vessel, may have the oper- June 2, 1998. Application forms are ator qualification on the permit re- available from the RD. moved, and renew it without such qual- (3) An owner will not be issued initial ification through April 15 following the commercial vessel permits for king first full calendar year after removing mackerel under the moratorium in it, without meeting the earned income numbers exceeding the number of ves- or gross sales requirement of paragraph sels permitted in the king mackerel (a)(2)(iii) of this section. However, to fishery that he/she owned simulta- further renew the commercial vessel neously on or before October 16, 1995. If permit, the owner must meet the a vessel with a commercial vessel per- earned income or gross sales require- mit for king mackerel on or before Oc- ment not later than the first full cal- tober 16, 1995, has been sold since that endar year after the operator qualifica- date, the owner on or before that date tion is removed. To have an operator retains the right to the commercial qualification removed from a permit, vessel permit for king mackerel unless the owner must return the original per- there is a written agreement that such mit to the RD with an application for right transfers to the new owner. the changed permit. (4) An owner of a permitted vessel (8) NMFS will not reissue a commer- may transfer the commercial vessel cial vessel permit for king mackerel if permit for king mackerel issued under the permit is revoked or if the RD does this moratorium to another vessel not receive an application for renewal owned by the same entity. within 1 year of the permit’s expiration (5) An owner whose percentage of date. earned income or gross sales qualified [61 FR 34937, July 3, 1996, as amended at 61 him/her for the commercial vessel per- FR 43956, Aug. 27, 1996; 61 FR 47448, Sept 9, mit for king mackerel issued under the 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, moratorium may request that NMFS Mar. 25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; transfer that permit to the owner of 63 FR 10565, 10569, Mar. 4, 1998; 63 FR 38301, another vessel, or to the new owner July 16, 1998; 63 FR 57590, Oct. 28, 1998] when he or she transfers ownership of the permitted vessel. Such owner of an- § 622.5 Recordkeeping and reporting. other vessel, or new owner, may re- Participants in fisheries governed in ceive a commercial vessel permit for this part are required to keep records king mackerel for his or her vessel, and and report as follows. renew it through April 15 following the (a) Commercial vessel owners and oper- first full calendar year after obtaining ators—(1) Requirements by species—(i) it, without meeting the percentage of Coastal migratory pelagic fish. The owner earned income or gross sales require- or operator of a vessel that fishes for or ment of paragraph (a)(2)(iii) of this sec- lands coastal migratory pelagic fish for tion. However, to further renew the sale in or from the Gulf, Mid-Atlantic, commercial vessel permit, the owner of or South Atlantic EEZ or adjoining the other vessel, or new owner, must state waters, or whose vessel is issued meet the earned income or gross sales a commercial permit for king or Span- requirement not later than the first ish mackerel, as required under full calendar year after the permit § 622.4(a)(2)(iii) or (iv), who is selected transfer takes place. to report by the SRD, must maintain a (6) An owner of a permitted vessel, fishing record on a form available from the permit for which is based on an op- the SRD and must submit such record erator’s earned income and, thus, is as specified in paragraph (a)(2) of this valid only when that person is the op- section. erator of the vessel, may request that (ii) Gulf reef fish. The owner or oper- NMFS transfer the permit to the in- ator of a vessel for which a commercial come-qualifying operator when such permit for Gulf reef fish has been operator becomes an owner of a vessel. issued, as required under § 622.4(a)(2)(v), (7) An owner of a permitted vessel, or whose vessel fishes for or lands reef the permit for which is based on an op- fish in or from state waters adjoining erator’s earned income and, thus, is the Gulf EEZ, who is selected to report valid only when that person is the op- by the SRD must maintain a fishing
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record on a form available from the marked not later than 7 days after the SRD and must submit such record as end of each fishing trip. If no fishing specified in paragraph (a)(2) of this sec- occurred during a calendar month, a tion. report so stating must be submitted on (iii) Gulf shrimp. The owner or oper- one of the forms postmarked not later ator of a vessel that fishes for shrimp than 7 days after the end of that in the Gulf EEZ or in adjoining state month. Information to be reported is waters, or that lands shrimp in an ad- indicated on the form and its accom- joining state, must provide informa- panying instructions. tion for any fishing trip, as requested (ii) Reporting forms required in para- by the SRD, including, but not limited graph (a)(1)(v) of this section must be to, vessel identification, gear, effort, submitted to the SRD postmarked not amount of shrimp caught by species, later than 30 days after sale of the shrimp condition (heads on/heads off), golden crab offloaded from a trip. If no fishing areas and depths, and person to fishing occurred during a calendar whom sold. month, a report so stating must be sub- (iv) South Atlantic snapper-grouper. mitted on one of the forms postmarked (A) The owner or operator of a vessel not later than 7 days after the end of for which a commercial permit for that month. Information to be reported South Atlantic snapper-grouper has is indicated on the form and its accom- been issued, as required under panying instructions. § 622.4(a)(2)(vi), or whose vessel fishes (b) Charter vessel/headboat owners and for or lands South Atlantic snapper- operators—(1) Coastal migratory pelagic grouper in or from state waters adjoin- fish, reef fish, and snapper-grouper. The ing the South Atlantic EEZ, who is se- owner or operator of a vessel for which lected to report by the SRD must a charter vessel/headboat permit for maintain a fishing record on a form coastal migratory pelagic fish, Gulf available from the SRD and must sub- reef fish, or South Atlantic snapper- mit such record as specified in para- grouper has been issued, as required graph (a)(2) of this section. under § 622.4(a)(1), or whose vessel (B) The wreckfish shareholder under fishes for or lands such coastal migra- § 622.15, or operator of a vessel for which a commercial permit for tory pelagic fish, reef fish, or snapper- wreckfish has been issued, as required grouper in or from state waters adjoin- under § 622.4(a)(2)(vii), must maintain a ing the Gulf or South Atlantic EEZ, fishing record on a form available from who is selected to report by the SRD the SRD and must submit such record must maintain a fishing record for as specified in paragraph (a)(2) of this each trip, or a portion of such trips as section. specified by the SRD, on forms pro- (C) The wreckfish shareholder under vided by the SRD and must submit § 622.15, or operator of a vessel for such record as specified in paragraph which a commercial permit for (b)(2) of this section. wreckfish has been issued, as required (2) Reporting deadlines—(i) Charter ves- under § 622.4(a)(2)(vii), must make sels. Completed fishing records required available to an authorized officer upon by paragraph (b)(1) of this section for request all records of offloadings, pur- charter vessels must be submitted to chases, or sales of wreckfish. the SRD weekly, postmarked not later (v) South Atlantic golden crab. The than 7 days after the end of each week owner or operator of a vessel for which (Sunday). Information to be reported is a commercial permit for golden crab indicated on the form and its accom- has been issued, as required under panying instructions. § 622.4(a)(2)(x), who is selected to report (ii) Headboats. Completed fishing by the SRD must maintain a fishing records required by paragraph (b)(1) of record on a form available from the this section for headboats must be sub- SRD. mitted to the SRD monthly and must (2) Reporting deadlines. (i) Completed either be made available to an author- fishing records required by paragraphs ized statistical reporting agent or be (a)(1)(i), (ii), and (iv) of this section postmarked not later than 7 days after must be submitted to the SRD post- the end of each month. Information to
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be reported is indicated on the form (3) Gulf reef fish. A person who pur- and its accompanying instructions. chases Gulf reef fish from a fishing ves- (c) Dealers—(1) Coastal migratory pe- sel, or person, that fishes for or lands lagic fish. (i) A person who purchases such fish in or from the EEZ or adjoin- coastal migratory pelagic fish from a ing state waters must maintain records fishing vessel, or person, that fishes for and submit information as follows: or lands such fish in or from the EEZ (i) A dealer must maintain at his/her or adjoining state waters who is se- principal place of business a record of lected to report by the SRD must sub- Gulf reef fish that he/she receives. The mit information on forms provided by record must contain the name of each the SRD. This information must be fishing vessel from which reef fish were submitted to the SRD at monthly in- received and the date, species, and tervals, postmarked not later than 5 quantity of each receipt. A dealer must days after the end of each month. Re- retain such record for at least 1 year porting frequency and reporting dead- after receipt date and must provide lines may be modified upon notifica- such record for inspection upon the re- tion by the SRD. If no coastal migra- quest of an authorized officer or the tory pelagic fish were received during a SRD. calendar month, a report so stating (ii) When requested by the SRD, a must be submitted on one of the forms, dealer must provide information from in accordance with the instructions on his/her record of Gulf reef fish received the form, and must be postmarked not the total poundage of each species re- later than 5 days after the end of the ceived during the month, average month. The information to be reported monthly price paid for each species by is as follows: market size, and proportion of total (A) Dealer’s or processor’s name and poundage landed by each gear type. address. This information must be provided on (B) County where fish were landed. forms available from the SRD and (C) Total poundage of each species re- must be submitted to the SRD at ceived during that month, or other re- monthly intervals, postmarked not quested interval. later than 5 days after the end of the (D) Average monthly price paid for month. Reporting frequency and re- each species. porting deadlines may be modified (E) Proportion of total poundage upon notification by the SRD. If no landed by each gear type. reef fish were received during a cal- (ii) Alternate SRD. For the purposes of endar month, a report so stating must paragraph (c)(1)(i) of this section, in the states from New York through Vir- be submitted on one of the forms, post- ginia, or in the waters off those states, marked not later than 5 days after the ‘‘SRD’’ means the Science and Re- end of the month. search Director, Northeast Fisheries (iii) The operator of a car or truck Science Center, NMFS (see Table 1 of that is used to pick up from a fishing § 600.502 of this chapter), or a designee. vessel reef fish harvested from the Gulf (2) Gulf red drum. A dealers or proc- must maintain a record containing the essor who purchases red drum har- name of each fishing vessel from which vested from the Gulf who is selected to reef fish on the car or truck have been report by the SRD must report to the received. The vehicle operator must SRD such information as the SRD may provide such record for inspection upon request and in the form and manner as the request of an authorized officer. the SRD may require. The information (4) Gulf shrimp. A person who pur- required to be submitted must include, chases shrimp from a vessel, or person, but is not limited to, the following: that fishes for shrimp in the Gulf EEZ (i) Dealer’s or processor’s name and or in adjoining state waters, or that address. lands shrimp in an adjoining state, (ii) State and county where red drum must provide the following information were landed. when requested by the SRD: (iii) Total poundage of red drum re- (i) Name and official number of the ceived during the reporting period, by vessel from which shrimp were received each type of gear used for harvest. or the name of the person from whom
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shrimp were received, if received from (7) South Atlantic rock shrimp. (i) A other than a vessel. dealer who has been issued a permit for (ii) Amount of shrimp received by rock shrimp, as required under species and size category for each re- § 622.4(a)(4), and who is selected by the ceipt. SRD must provide information on re- (iii) Exvessel value, by species and ceipts of rock shrimp and prices paid size category, for each receipt. on forms available from the SRD. The (5) South Atlantic snapper-grouper. (i) required information must be sub- A person who purchases South Atlantic mitted to the SRD at monthly inter- snapper-grouper that were harvested vals postmarked not later than 5 days from the EEZ or from adjoining state after the end of each month. Reporting waters and who is selected to report by frequencies and reporting deadlines the SRD and a dealer who has been may be modified upon notification by issued a dealer permit for wreckfish, as the SRD. required under § 622.4(a)(4), must pro- (ii) On demand, a dealer who has been vide information on receipts of South issued a dealer permit for rock shrimp, Atlantic snapper-grouper and prices as required under § 622.4(a)(4), must paid, by species, on forms available make available to an authorized officer from the SRD. The required informa- all records of offloadings, purchases, or tion must be submitted to the SRD at sales of rock shrimp. monthly intervals, postmarked not (d) Individuals with coral or live rock later than 5 days after the end of the permits. (1) An individual with a Fed- month. Reporting frequency and re- eral allowable octocoral permit must porting deadlines may be modified submit a report of harvest to the SRD. upon notification by the SRD. If no Specific reporting requirements will be South Atlantic snapper-grouper were provided with the permit. received during a calendar month, a re- (2) A person with a Federal port so stating must be submitted on aquacultured live rock permit must re- one of the forms, postmarked not later port to the RD each deposition of ma- than 5 days after the end of the month. terial on a site. Such reports must be However, during complete months en- postmarked not later than 7 days after compassed by the wreckfish spawning- deposition and must contain the fol- season closure (that is, February and lowing information: March), a wreckfish dealer is not re- (i) Permit number of site and date of quired to submit a report stating that deposit. no wreckfish were received. (ii) Geological origin of material de- (ii) A dealer reporting South Atlantic posited. snapper-grouper other than wreckfish (iii) Amount of material deposited. may submit the information required (iv) Source of material deposited, in paragraph (c)(5)(i) of this section via that is, where obtained, if removed facsimile (fax). from another habitat, or from whom (iii) A dealer who has been issued a purchased. dealer permit for wreckfish, as re- (3) A person who takes aquacultured quired under § 622.4(a)(4), must make live rock must submit a report of har- available to an authorized officer upon vest to the RD. Specific reporting re- request all records of offloadings, pur- quirements will be provided with the chases, or sales of wreckfish. permit. This reporting requirement is (6) South Atlantic golden crab. A dealer waived for aquacultured live rock that who receives from a fishing vessel gold- is landed in Florida. en crab harvested from the South At- (e) Additional data and inspection. Ad- lantic EEZ and who is selected by the ditional data will be collected by au- SRD must provide information on re- thorized statistical reporting agents ceipts of, and prices paid for, South At- and by authorized officers. A person lantic golden crab to the SRD at who fishes for or possesses species in or monthly intervals, postmarked not from the EEZ governed in this part is later than 5 days after the end of each required to make the applicable fish or month. Reporting frequency and re- parts thereof available for inspection porting deadlines may be modified by the SRD or an authorized officer upon notification by the SRD. upon request.
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(f) Commercial vessel, charter vessel, cial Caribbean reef fish fishery fishing and headboat inventory. The owner or with traps; and a vessel in the Carib- operator of a commercial vessel, char- bean spiny lobster fishery. Color codes ter vessel, or headboat operating in a required for the Caribbean reef fish fishery governed in this part who is not fishery and Caribbean spiny lobster selected to report by the SRD under fishery are assigned by Puerto Rico or paragraph (a) or (b) of this section the U.S. Virgin Islands, whichever is must provide the following information applicable; color codes required in all when interviewed by the SRD: other fisheries are assigned by the RD. (1) Name and official number of ves- The color code must be displayed— sel and permit number, if applicable. (A) On the port and starboard sides of (2) Length and tonnage. the deckhouse or hull and, for vessels (3) Current home port. over 25 ft (7.6 m) long, on an appro- (4) Fishing areas. priate weather deck, so as to be clearly (5) Ports where fish were offloaded visible from an enforcement vessel or during the last year. aircraft. (6) Type and quantity of gear. (B) In the form of a circle perma- (7) Number of full- and part-time nently affixed to or painted on the ves- fishermen or crew members. sel. [61 FR 34940, July 3, 1996, as amended at 61 (C) At least 18 inches (45.7 cm) in di- FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, ameter for vessels over 65 ft (19.8 m) 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, long; at least 10 inches (25.4 cm) in di- Oct. 28, 1998] ameter for vessels over 25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in § 622.6 Vessel and gear identification. diameter for vessels 25 ft (7.6 m) long or (a) Vessel identification—(1) Applica- less. bility—(i) Official number. A vessel for (2) Duties of operator. The operator of which a permit has been issued under a vessel specified in paragraph (a)(1) of § 622.4, and a vessel that fishes for or this section must keep the official possesses shrimp in the Gulf EEZ, must number and the color code, if applica- display its official number— ble, clearly legible and in good repair (A) On the port and starboard sides of and must ensure that no part of the the deckhouse or hull and, for vessels fishing vessel, its rigging, fishing gear, over 25 ft (7.6 m) long, on an appro- or any other material on board ob- priate weather deck, so as to be clearly structs the view of the official number visible from an enforcement vessel or or the color code, if applicable, from an aircraft. enforcement vessel or aircraft. (B) In block arabic numerals perma- (b) Gear identification—(1) Traps/pots nently affixed to or painted on the ves- and associated buoys—(i) Traps or pots— sel in contrasting color to the back- (A) Caribbean EEZ. A fish trap or spiny ground. lobster trap used or possessed in the (C) At least 18 inches (45.7 cm) in Caribbean EEZ must display the offi- height for vessels over 65 ft (19.8 m) cial number specified for the vessel by long; at least 10 inches (25.4 cm) in Puerto Rico or the U.S. Virgin Islands height for vessels over 25 ft (7.6 m) so as to be easily identified. long; and at least 3 inches (7.6 cm) in (B) Gulf and South Atlantic EEZ. A height for vessels 25 ft (7.6 m) long or fish trap used or possessed in the Gulf less. EEZ and a sea bass pot used or pos- (ii) Official number and color code. The sessed in the South Atlantic EEZ be- following vessels must display their of- tween 35°15.3’ N. lat. (due east of Cape ficial number as specified in paragraph Hatteras Light, NC) and 28°35.1’ N. lat. (a)(1)(i) of this section and, in addition, (due east of the NASA Vehicle Assem- must display their assigned color code: bly Building, Cape Canaveral, FL), or a A vessel for which a fish trap endorse- fish trap or sea bass pot on board a ves- ment has been issued, as required sel with a commercial permit for Gulf under § 622.4(a)(2)(i); a vessel for which reef fish or South Atlantic snapper- a permit has been issued to fish with a grouper, must have a valid identifica- sea bass pot, as required under tion tag issued by the RD attached. A § 622.4(a)(2)(vi); a vessel in the commer- golden crab trap used or possessed in
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the South Atlantic EEZ or on board a maximum of nine distinctive floats, vessel with a commercial permit for i.e., different from the usual net buoys, golden crab must have the commercial spaced uniformly at a distance of 100 vessel permit number permanently af- yd (91.4 m) or less. Each such distinc- fixed so as to be easily distinguished, tive float must display the official located, and identified; an identifica- number of the vessel. tion tag issued by the RD may be used [61 FR 34934, July 3, 1996, as amended at 61 for this purpose but is not required. FR 43957, Aug. 27, 1996; 63 FR 10567, Mar. 4, (ii) Associated buoys. A buoy that is 1998; 63 FR 57590, Oct. 28, 1998] attached to a trap or pot must display the official number and assigned color § 622.7 Prohibitions. code so as to be easily distinguished, In addition to the general prohibi- located, and identified as follows: tions in § 600.725 of this chapter, it is (A) Caribbean EEZ. Each buoy must unlawful for any person to do any of display the official number and color the following: code assigned to the vessel by Puerto (a) Engage in an activity for which a Rico or the U.S. Virgin Islands, which- valid Federal permit, license, or en- ever is applicable. dorsement is required under § 622.4 (B) Gulf and South Atlantic EEZ. Each without such permit, license, or en- buoy must display the official number dorsement. and color code assigned by the RD. In (b) Falsify information on an applica- the Gulf EEZ, a buoy must be attached tion for a permit, license, or endorse- to each trap, or each end trap if traps ment or submitted in support of such are connected by a line. In the South application, as specified in § 622.4(b), Atlantic EEZ, buoys are not required (g), (p), or (q), or in § 622.18. to be used, but, if used, each buoy must display the official number and color (c) Fail to display a permit, license, code. However, no color code is re- or endorsement, as specified in quired on a buoy attached to a golden § 622.4(i). crab trap. (d) Falsify or fail to maintain, sub- (iii) Presumption of ownership. A Car- mit, or provide information required to ibbean spiny lobster trap, a fish trap, a be maintained, submitted, or provided, golden crab trap, or a sea bass pot in as specified in § 622.5 (a) through (f). the EEZ will be presumed to be the (e) Fail to make a fish, or parts property of the most recently docu- thereof, available for inspection, as mented owner. This presumption will specified in § 622.5(e). not apply with respect to such traps (f) Falsify or fail to display and and pots that are lost or sold if the maintain vessel and gear identifica- owner reports the loss or sale within 15 tion, as specified in § 622.6 (a) and (b). days to the RD. (g) Fail to comply with any require- (iv) Unmarked traps, pots, or buoys. An ment or restriction regarding ITQ cou- unmarked Caribbean spiny lobster pons, as specified in § 622.15(c)(3), (c)(5), trap, a fish trap, a golden crab trap, a (c)(6), or (c)(7). sea bass pot, or a buoy deployed in the (h) Possess wreckfish as specified in EEZ where such trap, pot, or buoy is § 622.15(c)(4), receive wreckfish except required to be marked is illegal and as specified in § 622.15(c)(7), or offload a may be disposed of in any appropriate wreckfish except as specified in § 622.15 manner by the Assistant Adminis- (d)(3) and (d)(4). trator or an authorized officer. (i) Transfer— (2) Gillnet buoys. On board a vessel (1) A wreckfish, as specified in with a valid Spanish mackerel permit § 622.15(d)(1); that is fishing for Spanish mackerel in, (2) A limited-harvest species, as spec- or that possesses Spanish mackerel in ified in § 622.32(c) introductory text; or from, the South Atlantic EEZ off (3) A species/species group subject to Florida north of 25°20.4’ N. lat., which a bag limit, as specified § 622.39(a)(1); is a line directly east from the Dade/ (4) South Atlantic snapper-grouper Monroe County, FL, boundary, the from a vessel with unauthorized gear float line of each gillnet possessed, in- on board, as specified in cluding any net in use, must have a § 622.41(d)(2)(iii); or
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(5) A species subject to a commercial (v) Interfere with fishing or obstruct trip limit, as specified in § 622.44. or damage fishing gear or the fishing (j) Use or possess prohibited gear or vessel of another, as specified in methods or possess fish in association § 622.46(a). with possession or use of prohibited (w) Fail to comply with the require- gear, as specified in § 622.31. ments for observer coverage as speci- (k) Fish for, harvest, or possess a pro- fied in § 622.10. hibited species, or a limited-harvest (x) Assault, resist, oppose, impede, species in excess of its limitation, sell intimidate, or interfere with a NMFS- or purchase such species, fail to comply approved observer aboard a vessel. with release requirements, or molest or (y) Prohibit or bar by command, im- strip eggs from a Caribbean spiny lob- pediment, threat, coercion, or refusal ster, as specified in § 622.32. of reasonable assistance, an observer (l) Fish in violation of the prohibi- from conducting his or her duties tions, restrictions, and requirements aboard a vessel. applicable to seasonal and/or area clo- (z) Fish for or possess golden crab in sures, including but not limited to: or from a designated fishing zone of the Prohibition of all fishing, gear restric- South Atlantic EEZ other than the tions, restrictions on take or retention zone for which the vessel is permitted, of fish, fish release requirements, and as specified in § 622.17(b). restrictions on use of an anchor or (aa) Falsify information submitted grapple, as specified in § 622.33, § 622.34, regarding an application for testing a or § 622.35, or as may be specified under BRD, testing of a BRD, or the results § 622.46 (b) or (c). of such testing, as specified in (m) Harvest, possess, offload, sell, or § 622.41(g)(3)(i) or (h)(3). purchase fish in excess of the seasonal (bb) [Reserved] harvest limitations, as specified in [61 FR 34934, July 3, 1996, as amended at 61 § 622.36. FR 43957, Aug. 27, 1996; 61 FR 48415, Sept. 13, (n) Except as allowed under § 622.37(c) 1996; 62 FR 67722, Dec. 30, 1997; 63 FR 38301, (2) and (3) for king and Spanish mack- July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 37693, July 13, 1999; 64 FR 43941, Aug. 12, 1999] erel, possess undersized fish, fail to re- lease undersized fish, or sell or pur- § 622.8 At-sea observer coverage. chase undersized fish, as specified in § 622.37. (a) If a vessel’s trip is selected by the SRD for observer coverage, the owner (o) Fail to maintain a fish intact or operator of a vessel for which a com- through offloading ashore, as specified mercial permit for golden crab has in § 622.38. been issued, as required under (p) Exceed a bag or possession limit, § 622.4(a)(2)(x), must carry a NMFS-ap- as specified in § 622.39. proved observer. (q) Fail to comply with the limita- (b) When notified in writing by the tions on traps and pots, including but SRD that his or her vessel has been se- not limited to: Tending requirements, lected to carry an NMFS-approved ob- constructions requirements, and area server, an owner or operator must ad- specific restrictions, as specified in vise the SRD in writing not less than 5 § 622.40. days in advance of each trip of the fol- (r) Fail to comply with the species- lowing: specific limitations, as specified in (1) Departure information (port, § 622.41. dock, date, and time). (s) Fail to comply with the restric- (2) Expected landing information tions that apply after closure of a fish- (port, dock, and date). ery, as specified in § 622.43. (c) An owner or operator of a vessel (t) Possess on board a vessel or land, on which a NMFS approved observer is purchase, or sell fish in excess of the embarked must: commercial trip limits, as specified in (1) Provide accommodations and food § 622.44. that are equivalent to those provided (u) Fail to comply with the restric- to the crew. tions on sale/purchase, as specified in (2) Allow the observer access to and § 622.45. use of the vessel’s communications
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equipment and personnel upon request specified with each transfer form. The for the transmission and receipt of appropriate fee must accompany each messages related to the observer’s du- transfer form. ties. (b) Lists of wreckfish shareholders and (3) Allow the observer access to and permitted vessels. Annually, on or about use of the vessel’s navigation equip- March 1, the RD will provide each ment and personnel upon request to de- wreckfish shareholder with a list of all termine the vessel’s position. wreckfish shareholders and their per- (4) Allow the observer free and unob- centage shares, reflecting share trans- structed access to the vessel’s bridge, actions on forms received through Feb- working decks, holding bins, weight ruary 15. Annually by April 15, the RD scales, holds, and any other space used will provide each dealer who holds a to hold, process, weigh, or store golden dealer permit for wreckfish, as re- crab. quired under § 622.4(a)(4), with a list of (5) Allow the observer to inspect and vessels for which wreckfish permits copy the vessel’s log, communications have been issued, as required under logs, and any records associated with § 622.4(a)(2)(vii). Annually, by April 15, the catch and distribution of golden the RD will provide each wreckfish crab for that trip. shareholder with a list of dealers who [61 FR 43957, Aug. 27, 1996, as amended at 63 have been issued dealer permits for FR 57590, Oct. 28, 1998] wreckfish. From April 16 through Jan- uary 14, updated lists will be provided Subpart B—Effort Limitations when required. Updated lists may be obtained at other times or by a person § 622.15 Wreckfish individual transfer- who is not a wreckfish shareholder or able quota (ITQ) system. wreckfish dealer permit holder by writ- The provisions of this section apply ten request to the RD. to wreckfish in or from the South At- (c) ITQs. (1) Annually, as soon after lantic EEZ. March 1 as the TAC for wreckfish for (a) Percentage shares. (1) In accord- the fishing year that commences April ance with the procedure specified in 16 is known, the RD will calculate each the Fishery Management Plan for the wreckfish shareholder’s ITQ. Each ITQ Snapper-Grouper Fishery of the South is the product of the wreckfish TAC, in Atlantic Region, percentage shares of round weight, for the ensuing fishing the quota for wreckfish have been as- year, the factor for converting round signed. Each person has been notified weight to eviscerated weight, and each by the RD of his or her percentage wreckfish shareholder’s percentage share and shareholder certificate num- share, reflecting share transactions re- ber. ported on forms received by the RD (2) All or a portion of a person’s per- through February 15. Thus, the ITQs centage shares may be transferred to will be in terms of eviscerated weight another person. Transfer of shares of wreckfish. must be reported on a form available (2) The RD will provide each from the RD. The RD will confirm, in wreckfish shareholder with ITQ cou- writing, each transfer of shares. The ef- pons in various denominations, the fective date of each transfer is the con- total of which equals his or her ITQ, firmation date provided by the RD. The and a copy of the calculations used in confirmation date will normally be not determining his or her ITQ. Each cou- later than 3 working days after receipt pon will be coded to indicate the initial of a properly completed transfer form. recipient. A fee is charged for each transfer of (3) An ITQ coupon may be transferred shares. The amount of the fee is cal- from one wreckfish shareholder to an- culated in accordance with the proce- other by completing the sale endorse- dures of the NOAA Finance Handbook, ment thereon (that is, the signature available from the RD, for determining and shareholder certificate number of the administrative costs of each spe- the buyer). An ITQ coupon may be pos- cial product or service provided by sessed only by the shareholder to NOAA to non-Federal recipients. The whom it has been issued, or by the fee may not exceed such costs and is shareholder’s employee, contractor, or
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agent, unless the ITQ coupon has been authorized officer all ITQ coupons in transferred to another shareholder. An his or her possession upon request. ITQ coupon that has been transferred (d) Wreckfish limitations. (1) A to another shareholder may be pos- wreckfish taken in the South Atlantic sessed only by the shareholder whose EEZ may not be transferred at sea, re- signature appears on the coupon as the gardless of where the transfer takes buyer, or by the shareholder’s em- place; and a wreckfish may not be ployee, contractor, or agent, and with transferred in the South Atlantic EEZ. all required sale endorsements properly (2) A wreckfish possessed by a fisher- completed. man or dealer shoreward of the outer (4) Wreckfish may not be possessed boundary of the South Atlantic EEZ or on board a fishing vessel— in a South Atlantic coastal state will (i) In an amount exceeding the total be presumed to have been harvested of the ITQ coupons on board the vessel; from the South Atlantic EEZ unless (ii) That does not have on board a accompanied by documentation that it commercial vessel permit for was harvested from other than the wreckfish, as required under South Atlantic EEZ. § 622.4(a)(2)(vii); or (3) A wreckfish may be offloaded from a fishing vessel only between 8 (iii) That does not have on board log- a.m. and 5 p.m., local time. book forms for that fishing trip, as re- (4) If a wreckfish is to be offloaded at quired under § 622.5(a)(1)(iv)(B). a location other than a fixed facility of (5) Prior to termination of a trip, a a dealer who holds a dealer permit for signature and date signed must be af- wreckfish, as required under fixed in ink to the ‘‘Fisherman’’ part of § 622.4(a)(4), the wreckfish shareholder ITQ coupons in denominations equal to or the vessel operator must advise the the eviscerated weight of the wreckfish NMFS, Office of Enforcement, South- on board. The ‘‘Fisherman’’ part of east Region, St. Petersburg, FL, by each such coupon must be separated telephone (1–800–853–1964), of the loca- from the coupon and submitted with tion not less than 24 hours prior to off- the logbook forms required by loading. § 622.5(a)(1)(iv)(B) for that fishing trip. (6) The ‘‘Fish House’’ part of each § 622.16 Red snapper individual trans- such coupon must be given to the deal- ferable quota (ITQ) system. er to whom the wreckfish are trans- The ITQ system established by this ferred in amounts totaling the evis- section will remain in effect through cerated weight of the wreckfish trans- March 31, 2000, during which time ferred to that dealer. A wreckfish may NMFS and the GMFMC will evaluate be transferred only to a dealer who the effectiveness of the system. Based holds a dealer permit for wreckfish, as on the evaluation, the system may be required under § 622.4(a)(4). modified, extended, or terminated. (7) A dealer may receive a wreckfish (a) Percentage shares. (1) Initial per- only from a vessel for which a commer- centage shares of the annual quota of cial permit for wreckfish has been red snapper are assigned to persons in issued, as required under accordance with the procedure speci- § 622.4(a)(2)(vii). A dealer must receive fied in Amendment 8 to the Fishery the ‘‘Fish House’’ part of ITQ coupons Management Plan for the Reef Fish in amounts totaling the eviscerated Fishery of the Gulf of Mexico (FMP) weight of the wreckfish received; enter and in paragraphs (c)(1) through (c)(4) the permit number of the vessel from of this section. Each person is notified which the wreckfish were received, by the RD of his or her initial percent- enter the date the wreckfish were re- age shares. If additional shares become ceived, enter the dealer’s permit num- available to NMFS, such as by for- ber, and sign each such ‘‘Fish House’’ feiture pursuant to subpart F of 15 CFR part; and submit all such parts with part 904 for rule violations, such shares the dealer reports required by will be proportionately reissued to § 622.5(c)(5)(i). shareholders based on their shares as of (8) An owner or operator of a vessel November 1, after the additional shares and a dealer must make available to an become available. If NMFS is required
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to issue additional shares, such as may weight, and each red snapper share- be required in the resolution of dis- holder’s percentage share, reflecting putes, existing shares will be propor- share transfers reported on forms re- tionately reduced. This reduction of ceived by the RD through October 31. shares will be based on shares as of No- (2) The RD will provide each red vember 1 after the required addition of snapper shareholder with ITQ coupons shares. in various denominations, the total of (2) All or a portion of a person’s per- which equals his or her ITQ, and a copy centage shares may be transferred to of the calculations used in determining another person who is a U.S. citizen or his or her ITQ. Each coupon will be permanent resident alien. (See para- coded to indicate the initial recipient. graph (c)(5) of this section for restric- (3) An ITQ coupon may be trans- tions on the transfer of shares in the ferred. If the transfer is by sale, the initial months under the ITQ system.) seller must enter the sale price on the Transfer of shares must be reported on coupon. a form available from the RD. The RD (4) Except when the red snapper bag will confirm, in writing, the registra- limit applies, red snapper in or from tion of each transfer. The effective the EEZ or on board a vessel that has date of each transfer is the confirma- been issued a commercial permit for tion date provided by the RD. The con- Gulf reef fish, as required under firmation of registration date will nor- § 622.4(a)(2)(v), may not be possessed in mally be not later than 3 working days an amount, in eviscerated weight, ex- after receipt of a properly completed ceeding the total of ITQ coupons on transfer form. However, reports of board. (See § 622.39(a) for applicability share transfers received by the RD of the bag limit.) from November 1 through December 31 (5) Prior to termination of a trip, the will not be recorded or confirmed until operator’s signature and the date after January 1. A fee is charged for signed must be written in ink on the each transfer of percentage shares. The ‘‘Vessel’’ part of ITQ coupons totaling amount of the fee is calculated in ac- at least the eviscerated weight of the cordance with the procedures of the red snapper on board. An owner or op- NOAA Finance Handbook for deter- erator of a vessel must separate the mining the administrative costs of ‘‘Vessel’’ part of each such coupon, each special product or service pro- enter thereon the permit number of the vided by NOAA to non-Federal recipi- dealer to whom the red snapper are ents. The fee may not exceed such transferred, and submit the ‘‘Vessel’’ costs and is specified with each trans- parts with the logbook forms for that fer form. The appropriate fee must ac- fishing trip. An owner or operator of a company each transfer form. vessel must make available to an au- (3) On or about January 1 each year, thorized officer all ITQ coupons in his the RD will provide each red snapper or her possession upon request. shareholder with a list of all red snap- (6) Red snapper harvested from the per shareholders and their percentage EEZ or possessed by a vessel with a shares, reflecting share transfers as in- commercial permit for Gulf reef fish, dicated on properly completed transfer as required under § 622.4(a)(2)(v), may forms received through October 31. Up- be transferred only to a dealer with a dated lists may be obtained at other Gulf reef fish permit, as required under times, and by persons who are not red § 622.4(a)(4). The ‘‘Fish House’’ part of snapper shareholders, by written re- each ITQ coupon must be given to such quest to the RD. dealer, or the agent or employee of (b) ITQs. (1) Annually, as soon after such dealer, in amounts totaling at November 15 as the following year’s red least the eviscerated weight of the red snapper quota is established, the RD snapper transferred to that dealer. will calculate each red snapper share- (7) A dealer with a Gulf reef fish per- holder’s ITQ in terms of eviscerated mit may receive red snapper only from weight. Each ITQ is the product of the a vessel that has on board a commer- red snapper quota, in round weight, for cial permit for Gulf reef fish. A dealer, the ensuing fishing year, the factor for or the agent or employee of a dealer, converting round weight to eviscerated must receive the ‘‘Fish House’’ part of
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ITQ coupons totaling at least the evis- weight, of red snapper (90 lb (41 kg), cerated weight of the red snapper re- eviscerated weight). ceived. Immediately upon receipt of (ii) The percentage shares remaining red snapper, the dealer, or the agent or after the minimum shares have been employee of the dealer, must enter the calculated under paragraph (c)(2)(i) of permit number of the vessel received this section are apportioned based on from and date and sign each such ‘‘Fish each remaining shareholder’s average House’’ part. The dealer must submit of the top 2 years’ landings in 1990, 1991, all such parts as required by paragraph and 1992. In a case where a landing is (d)(6) of this section. A dealer, agent, associated with an owner and a histor- or employee must make available to an ical captain, such landing is appor- authorized officer all ITQ coupons in tioned between the owner and histor- his or her possession upon request. ical captain in accordance with the (c) Procedures for implementation—(1) share agreement in effect at the time Initial shareholders. The following per- of the landing. sons are initial shareholders in the red (iii) The determinations of landings snapper ITQ system: of red snapper during the period 1990 (i) Either the owner or operator of a through 1992 and historical captain sta- vessel with a valid permit on August tus are made in accordance with the 29, 1995, provided such owner or oper- data collected under Amendment 9 to ator had a landing of red snapper dur- the FMP. Those data identify each red ing the period 1990 through 1992. If the snapper landing during the period 1990 earned income of an operator was used through 1992. Each landing is associ- to qualify for the permit that is valid ated with an owner and, when an opera- on August 29, 1995, such operator is the tor’s earned income was used to qualify initial shareholder rather than the for the vessel permit at the time of the owner. In the case of an owner, the landing, with such operator. Where ap- term ‘‘person’’ includes a corporation propriate, a landing is also associated or other legal entity; and with a historical captain. However, a (ii) A historical captain. A historical red snapper landings record during that captain means an operator who meets all of the following qualifications: period that is associated solely with an owner may be retained by that owner (A) From November 6, 1989, through or transferred as follows: 1993, fished solely under verbal or writ- ten share agreements with an owner, (A) An owner of a vessel with a valid and such agreements provided for the commercial permit for Gulf reef fish on operator to be responsible for hiring August 29, 1995, who transferred a ves- the crew, who was paid from the share sel permit to another vessel owned by under his or her control. him or her will retain the red snapper (B) Landed from that vessel at least landings record for the previous vessel. 5,000 lb (2,268 kg) of red snapper per (B) An owner of a vessel with a valid year in 2 of the 3 years 1990, 1991, and commercial permit for Gulf reef fish on 1992. August 29, 1995, will retain the landings (C) Derived more than 50 percent of record of a permitted vessel if the ves- his or her earned income from commer- sel had a change of ownership to an- cial fishing, that is, sale of the catch, other entity without a substantive in each of the years 1989 through 1993. change in control of the vessel. It will (D) Landed red snapper prior to No- be presumed that there was no sub- vember 7, 1989. stantive change in control of a vessel if (2) Initial shares. (i) Initial shares are a successor in interest received at least apportioned to initial shareholders a 50 percent interest in the vessel as a based on each shareholder’s average of result of the change of ownership the top 2 years’ landings in 1990, 1991, whether the change of ownership was— and 1992. However, no person who is an (1) From a closely held corporation initial shareholder under paragraph to its majority shareholder; (c)(1) of this section will receive an ini- (2) From an individual who became tial percentage share that will amount the majority shareholder of a closely to less than 100 lb (45.36 kg), round held corporation receiving the vessel;
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(3) Between closely held corporations there is justification for the late appli- with a common majority shareholder; cation and documentation. The board or is not empowered to consider an appli- (4) From one to another of the fol- cation from a person who believes he or lowing: Husband, wife, son, daughter, she should be eligible because of hard- brother, sister, mother, or father. ship or other factors. (C) In other cases of transfer of a per- (iii) A written request for consider- mit through change of ownership of a ation by the board must be submitted vessel, an owner of a vessel with a valid to the RD, postmarked not later than commercial permit for Gulf reef fish on December 27, 1995, and must contain August 29, 1995, will receive credit for documentation supporting the allega- the landings record of the vessel before tions that form the basis for the re- his or her ownership only if there is a quest. legally binding agreement for transfer (iv) The board will meet as necessary of the landings record. to consider each request that is sub- (iv) Requests for transfers of landings mitted in a timely manner. Members of records must be submitted to the RD the appeals board will provide their in- and must be postmarked not later than dividual recommendations for each ap- December 14, 1995. The RD may require peal to the GMFMC, which will in turn documentation supporting such re- submit its recommendation to the RD. quest. After considering requests for The board and the GMFMC will rec- transfers of landings records, the RD ommend whether the eligibility cri- will advise each initial shareholder or teria, specified in Amendment 8 to the applicant of his or her tentative alloca- FMP and paragraphs (c)(1) and (c)(2) of tion of shares. this section, were correctly applied in (3) Notification of status. The RD will each case, based solely on the available advise each owner, operator, and his- record including documentation sub- torical captain for whom NMFS has a mitted by the applicant. The GMFMC record of a red snapper landing during will also base its recommendation on the period 1990 through 1992, including the recommendations of the board. The those who submitted such record under RD will decide the appeal based on the Amendment 9 to the FMP, of his or her above criteria and the available record, tentative status as an initial share- including documentation submitted by holder and the tentative landings the applicant and the recommendation record that will be used to calculate of the GMFMC. The RD will notify the his or her initial share. appellant of his decision and the reason (4) Appeals. (i) A special advisory therefor, in writing, normally within 45 panel, appointed by the GMFMC to days of receiving the GMFMC’s rec- function as an appeals board, will con- ommendation. The RD’s decision will sider written requests from persons constitute the final administrative ac- who contest their tentative status as tion by NMFS on an appeal. an initial shareholder, including his- (v) Upon completion of the appeal torical captain status, or tentative process, the RD will issue share certifi- landings record. In addition to consid- cates to initial shareholders. ering written requests, the board may (5) Transfers of shares. The following allow personal appearances by such restrictions apply to the transfer of persons before the board. shares: (ii) The panel is only empowered to (i) The transfer of shares is prohib- consider disputed calculations or deter- ited through September 30, 1996. minations based on documentation (ii) From October 1, 1996, through submitted under Amendment 9 to the September 30, 1997, shares may be FMP regarding landings of red snapper transferred only to other persons who during the period 1990 through 1992, in- are initial shareholders and are U.S. cluding transfers of such landings citizens or permanent resident aliens. records, or regarding historical captain (d) Exceptions/additions to general status. In addition, the panel may con- measures. Other provisions of this part sider applications and documentation notwithstanding— of landings not submitted under (1) Management of the red snapper Amendment 9 if, in the board’s opinion, ITQ system extends to adjoining state
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waters in the manner stated in para- (iv) Fail to report red snapper re- graphs (d)(2) and (d)(3) of this section. ceived, as specified in paragraph (d)(6) (2) For a dealer to receive red snapper of this section. harvested from state waters adjoining EFFECTIVE DATE NOTE: At 61 FR 48415, the Gulf EEZ by or possessed on board Sept. 13, 1996, § 622.16 was stayed indefinitely. a vessel with a commercial permit for Gulf reef fish, the dealer permit for § 622.17 South Atlantic golden crab Gulf reef fish specified in § 622.4(a)(4) controlled access. must have been issued to the dealer. (a) General. In accordance with the (3) A copy of the dealer’s permit must procedures specified in the Fishery accompany each vehicle that is used to Management Plan for the Golden Crab pick up from a fishing vessel red snap- Fishery of the South Atlantic Region, per from adjoining state waters har- initial vessel permits have been issued vested by or possessed on board a ves- for the fishery. No additional permits sel with a commercial permit for Gulf may be issued. reef fish. (b) Fishing zones. (1) The South At- (4) As a condition of a commercial lantic EEZ is divided into three fishing vessel permit for Gulf reef fish, without zones for golden crab. A permitted ves- regard to where red snapper are har- sel may fish for golden crab only in the vested or possessed, a vessel with such zone shown on its permit. A vessel may permit must comply with the red snap- possess golden crab only in that zone, per ITQ requirements of paragraph (b) except that other zones may be of this section; may not transfer or re- transited if the vessel notifies NMFS, ceive red snapper at sea; and must Office of Enforcement, Southeast Re- maintain red snapper with head and gion, St. Petersburg, FL, by telephone fins intact through landing, and the ex- (813–570–5344) in advance and does not ceptions to that requirement contained fish in an unpermitted zone. The des- in § 622.38(d) do not apply to red snap- ignated fishing zones are as follows: per. Red snapper may be eviscerated, (i) Northern zone—the South Atlan- gilled, and scaled but must otherwise tic EEZ north of 28° N. lat. be maintained in a whole condition. (ii) Middle zone—the South Atlantic (5) As a condition of a dealer permit EEZ from 25° N. lat. to 28° N. lat. for Gulf reef fish, as required under (iii) Southern zone—the South Atlan- § 622.4(a)(4) or under paragraph (d)(2) of tic EEZ south of 25° N. lat. this section, without regard to where (2) An owner of a permitted vessel red snapper are harvested or possessed, may request that NMFS change the a permitted dealer must comply with zone specified on a permit from the the red snapper ITQ requirements of middle or southern zone to the north- paragraph (b) of this section. ern zone. A request for such change and (6) In any month that a red snapper is the existing permit must be submitted received, a dealer must submit the re- from an owner of a permitted vessel to port required under § 622.5(c)(3)(ii). The the RD. ‘‘Fish House’’ parts of red snapper indi- (c) Transfer. (1) An owner of a vessel vidual transferable coupons, received with a valid golden crab permit may during the month in accordance with request that NMFS transfer the permit paragraph (b) of this section, must be to another vessel by returning the ex- submitted to the SRD with the report. isting permit(s) to the RD with an ap- (7) It is unlawful for a person to do plication for a permit for the replace- any of the following: ment vessel. (i) Receive red snapper from a fishing (2) To obtain a commercial vessel vessel without a dealer permit for Gulf permit via transfer, the owner of the reef fish. replacement vessel must submit to the (ii) Fail to carry a copy of the deal- RD a valid permit for a vessel with a er’s permit, as specified in paragraph documented length overall, or permits (d)(3) of this section. for vessels with documented aggregate (iii) Fail to comply with a condition lengths overall, of at least 90 percent of of a permit, as specified in paragraph the documented length overall of the (d)(4) or (d)(5) of this section. replacement vessel.
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(3) In addition to the provisions of All other qualifying owners are eligible paragraph (c)(2) of this section, the for an initial trip-limited permit. owner of a permitted vessel who has re- (c) Determinations of eligibility—(1) quested that NMFS transfer that per- Permit history. The sole basis for deter- mit to a smaller vessel (i.e., downsized) mining whether a vessel had a commer- may subsequently request NMFS trans- cial vessel permit for South Atlantic fer that permit to a vessel of a length snapper-grouper at any time from Feb- calculated from the length of the per- ruary 11, 1996, through February 11, mitted vessel immediately prior to 1997, is NMFS’ permit records. An downsizing. owner of a currently permitted vessel (d) Renewal. In addition to the proce- who believes he/she meets the February dures and requirements of § 622.4(h) for 11, 1996, through February 11, 1997, per- commercial vessel permit renewals, for mit history criterion based on owner- a golden crab permit to be renewed, the ship of a vessel under a different name, SRD must have received reports for the as may have occurred when ownership permitted vessel, as required by has changed from individual to cor- § 622.5(a)(1)(v), documenting that at porate or vice versa, must document least 5,000 lb (2,268 kg) of golden crab his/her continuity of ownership. No were landed from the South Atlantic more than one owner of a currently EEZ by the permitted vessel during at permitted vessel will be credited with least one of the two 12-month periods meeting the permit history criterion immediately prior to the expiration based on a vessel’s permit history. date of the vessel permit. (2) Landings. (i) Landings of snapper- [63 FR 57590, Oct. 28, 1998] grouper from the South Atlantic dur- ing the qualifying period are deter- § 622.18 South Atlantic snapper-group- mined from fishing vessel logbooks re- er limited access. ceived by the SRD on or before August (a) Applicability. Beginning December 20, 1996. State trip ticket data may be 14, 1998, the only valid commercial ves- considered in support of claimed land- sel permits for South Atlantic snapper- ings provided such trip ticket data grouper are those that have been issued were received by the state on or before under the limited access criteria in September 20, 1996. this section. A vessel may have either (ii) Only landings when a vessel had a a transferable commercial permit or a valid commercial permit for snapper- trip-limited commercial permit for grouper and only landings that were South Atlantic snapper-grouper. harvested, landed, and sold in compli- (b) Initial eligibility. A vessel is eligi- ance with state and Federal regula- ble for an initial limited access com- tions may be used to establish eligi- mercial permit for South Atlantic bility. snapper-grouper if the owner owned a (iii) For the purpose of eligibility for vessel with a commercial vessel permit a limited access commercial permit for for South Atlantic snapper-grouper at snapper-grouper, the owner of a vessel any time from February 11, 1996, that had a commercial snapper-grouper through February 11, 1997, and owned a permit during the qualifying period re- permitted vessel that had at least one tains the snapper-grouper landings landing of snapper-grouper from the record of that vessel during the time of South Atlantic from January 1, 1993, his/her ownership unless a sale of the through August 20, 1996, as reported on vessel included a written agreement fishing vessel logbooks received by the that credit for such landings was trans- SRD on or before August 20, 1996. An ferred to the new owner. Such transfer owner whose permitted vessels had of credit must be for the vessel’s entire landings of snapper-grouper from the record of landings of snapper-grouper South Atlantic of at least 1,000 lb (453.6 from the South Atlantic. kg), whole weight, in any one of the (d) Implementation procedures—(1) No- years 1993, 1994, or 1995, or in 1996 tification of status. On or about July 27, through August 20, as reported on fish- 1998, the RD will notify each owner of ing vessel logbooks received by the a vessel that had a commercial permit SRD on or before August 20, 1996, is eli- for South Atlantic snapper-grouper at gible for an initial transferable permit. any time from February 11, 1996,
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through February 11, 1997, and each and the eligibility requirements speci- owner of a vessel that has a commer- fied in paragraph (b) of this section are cial permit for South Atlantic snapper- met, the RD will issue an initial com- grouper on July 16, 1998, of NMFS’ ini- mercial vessel permit, transferable or tial determination of eligibility for ei- trip-limited, as appropriate, and mail ther a transferable or a trip-limited, it to the vessel owner not later than limited access commercial permit for December 3, 1998. South Atlantic snapper-grouper. Each (ii) If the eligibility requirements notification will include an application specified in paragraph (b) of this sec- for such permit. Addresses for such no- tion are not met, the RD will notify tifications will be based on NMFS’ per- the vessel owner, in writing, not later mit records. A vessel owner who be- than November 13, 1998 of such deter- lieves he/she qualifies for a limited ac- mination and the reasons for it. cess commercial permit for South At- (4) Reconsideration. (i) A vessel owner lantic snapper-grouper and who does not receive such notification must ob- may request reconsideration of the tain an application from the RD. RD’s determination regarding initial (2) Applications. (i) An owner of a ves- permit eligibility by submitting a writ- sel who desires a limited access com- ten request for reconsideration to the mercial permit for South Atlantic RD. Such request must be postmarked snapper-grouper must submit an appli- or hand delivered within 20 days of the cation for such permit postmarked or date of the RD’s notification denying hand-delivered not later than October initial permit issuance and must pro- 14, 1998. Failure to apply in a timely vide written documentation supporting manner will preclude permit issuance permit eligibility. even when the vessel owner meets the (ii) Upon receipt of a request for re- eligibility criteria for such permit. consideration, the RD will forward the (ii) A vessel owner who agrees with initial application, the RD’s response NMFS’ initial determination of eligi- to that application, the request for re- bility, including type of permit (trans- consideration, and pertinent records to ferable or trip-limited), need provide an Application Oversight Board con- no documentation of eligibility with sisting of state directors (or their des- his/her application. ignees) from each state in the Council’s (iii) A vessel owner who disagrees area of jurisdiction. Upon request, a with the initial determination of eligi- vessel owner may make a personal ap- bility or type of permit must specify pearance before the Application Over- the type of permit applied for and pro- sight Board. vide documentation of eligibility. Doc- (iii) If reconsideration by the Appli- umentation and other information sub- cation Oversight Board is requested, mitted on or with an application are such request constitutes the vessel subject to verification by comparison owner’s written authorization under with state, Federal, and other records and information. Submission of false section 402(b)(1)(F) of the Magnuson- documentation or information may dis- Stevens Act for the RD to make avail- qualify an owner from initial participa- able to the Application Oversight tion in the limited access commercial Board members such confidential catch South Atlantic snapper-grouper fishery and other records as are pertinent to and is a violation of the regulations in the matter under reconsideration. this part. (iv) The Application Oversight Board (iv) If an application that is post- may only deliberate whether the eligi- marked or hand delivered in a timely bility criteria specified in paragraph manner is incomplete, the RD will no- (b) of this section were applied cor- tify the vessel owner of the deficiency. rectly in the vessel owner’s case, based If the owner fails to correct the defi- solely on the available record, includ- ciency within 20 days of the date of the ing documentation submitted by the RD’s notification, the application will owner. The Application Oversight be considered abandoned. Board may not consider whether an (3) Issuance. (i) If a complete applica- owner should have been eligible for a tion is submitted in a timely manner commercial vessel permit because of
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hardship or other factors. The Applica- lantic snapper-grouper must obtain and tion Oversight Board members will pro- exchange two such permits for one new vide individual recommendations for permit. each application for reconsideration to (v) A transfer of a permit that is un- the RD. dertaken under paragraph (e)(1)(ii), (v) The RD will make a final decision (e)(1)(iii), or (e)(1)(iv) of this section based on the eligibility criteria speci- will constitute a transfer of the ves- fied in paragraph (b) of this section and sel’s entire catch history to the new the available record, including docu- owner. mentation submitted by the vessel (2) Trip-limited permits. An owner of a owner, and the recommendations and vessel with a trip-limited permit may comments from members of the Appli- request that the RD transfer the per- cation Oversight Board. The RD may mit to another vessel owned by the not consider whether a vessel owner same entity provided the length and should have been eligible for a com- gross tonnage of the replacement ves- mercial vessel permit because of hard- sel are equal to or less than the length ship or other factors. The RD will no- and gross tonnage of the replaced ves- tify the owner of the decision and the sel. reason for it, in writing, within 15 days (f) Renewal. NMFS will not reissue a of receiving the recommendations from commercial vessel permit for South the Application Oversight Board mem- Atlantic snapper-grouper if the permit bers. The RD’s decision will constitute is revoked or if the RD does not receive the final administrative action by an application for renewal within 60 NMFS. days of the permit’s expiration date. (e) Transfers of permits. A snapper- grouper limited access permit is valid [63 FR 38301, July 16, 1998] only for the vessel and owner named on EFFECTIVE DATE NOTE: At 64 FR 48329, the permit. To change either the vessel Sept. 3, 1999, § 622.18 was amended by sus- or the owner, an application for trans- pending the second sentence in paragraph (a) fer must be submitted to the RD. and adding paragraph (g), effective Sept. 3, (1) Transferable permits. (i) An owner 1999 through Mar. 1, 2000. For the conven- ience of the user, the added text follows: of a vessel with a transferable permit may request that the RD transfer the § 622.18 South Atlantic snapper-group- permit to another vessel owned by the er limited access. same entity. (ii) A transferable permit may be * * * * * transferred upon a change of ownership of a permitted vessel with such permit (g) Revised implementation procedures. from one to another of the following: A permit issued under this paragraph Husband, wife, son, daughter, brother, (g) will be either an unlimited permit sister, mother, or father. (a permit not subject to a trip limit (iii) A transferable permit may be but with significant limitations on transferred to a vessel whose owner transferability) or a trip-limited per- had, as of August 20, 1996, a written mit. contract for the purchase of a vessel (1) Applicability. (i) The procedures that included a provision transferring and limitations in this paragraph (g) to the new owner the rights to any lim- apply to an owner of a vessel for whom ited access permit to which the former the RD’s initial determination under owner might become entitled under the paragraph (d)(1) of this section was provisions for initial issue of limited that he/she was eligible for an initial access permits. To be considered, any limited access commercial vessel per- such written contract must be sub- mit for South Atlantic snapper-group- mitted to the RD postmarked or hand- er, but who did not apply for such per- delivered on or before December 14, mit in a timely manner. 1998. (ii) The RD’s initial determination of (iv) Except as provided in paragraphs eligibility notwithstanding, the proce- (e)(1)(i), (ii), and (iii) of this section, a dures in this paragraph (g) do not apply person desiring to acquire a limited ac- to an owner against whom a final ad- cess, transferable permit for South At- ministrative decision has been taken
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on a Notice of Violation and Assess- (iii) If an application that is post- ment (NOVA) for fishing in the snap- marked or hand-delivered in a timely per-grouper fishery without a permit manner is incomplete, the RD will no- on or since December 14, 1998. Such tify the vessel owner of the deficiency. owner may not apply for an initial lim- If the owner fails to correct the defi- ited access commercial vessel permit ciency within 20 days of the date of the for South Atlantic snapper-grouper. RD’s notification, the application will (See 15 CFR 904.2 for the definition of be considered abandoned. ‘‘Final administrative decision’’ and 15 (4) Issuance. (i) If a complete applica- CFR 904.104, 904.271(d), and 904.273(i) for tion is submitted in a timely manner, determinations of when final adminis- the RD will issue an initial limited ac- trative decisions are effective.) cess commercial vessel permit for (2) Notification. Not later than Sep- South Atlantic snapper-grouper. The tember 8, 1999, the RD will renotify, by type of permit issued, unlimited or certified mail, each owner to whom trip-limited, will be as specified in the this paragraph (g) applies of NMFS’ de- RD’s certified mail notification speci- termination of eligibility for either an fied in paragraph (g)(2) of this section. unlimited or a trip-limited, limited ac- (ii) An initial unlimited permit cess commercial permit for South At- issued under this paragraph (g)(4) will lantic snapper-grouper. An owner who be valid through the end of the month was advised under paragraph (b) of this 13 months after its issuance, as speci- section of eligibility for an initial fied on the permit. A trip-limited per- mit issued under this paragraph (g)(4) transferable permit will be advised of will be valid through the date specified eligibility for an unlimited permit on the permit. under this paragraph (g). All other (iii) The provisions of paragraph owners will be advised of eligibility for (g)(4)(i) of this section notwith- a trip-limited permit under this para- standing, the RD will not issue a per- graph (g). Each notification will in- mit to an owner who has been issued a clude an application for such permit. NOVA for fishing in the snapper-group- Addresses for such notifications will be er fishery without a permit on or since based on NMFS’ permit records. A ves- December 14, 1998, until such NOVA is sel owner who believes he/she qualifies dismissed. for a limited access commercial permit (5) Transfers of unlimited permits. (i) for South Atlantic snapper-grouper An unlimited permit issued under this under this paragraph (g) and who does paragraph (g) may not be transferred not receive such notification must con- for 3 years after it is issued, except tact the RD to verify eligibility status that an owner may request that the RD for a limited access permit. The RD transfer the permit to another vessel will either provide such a person notifi- owned by the same entity. cation of eligibility, including an appli- (ii) After the 3-year period, an unlim- cation, or advise him/her of the reasons ited permit issued under this paragraph for ineligibility. (g) will become transferable in accord- (3) Applications. (i) An owner of a ves- ance with the provisions of paragraph sel who receives the notification speci- (e)(1) of this section provided at least fied in paragraph (g)(2) of this section 1,000 lb (453.6 kg) of South Atlantic and who desires a limited access com- snapper-grouper were landed by the mercial permit for South Atlantic permitted vessel, or its replacement, in snapper-grouper must submit an appli- each of the three 12-month periods cation for such permit postmarked or after it was initially issued. hand-delivered not later than October (iii) When the landings of a vessel 18, 1999 to the RD. Failure to apply in with an unlimited permit, or its re- a timely manner will preclude permit placement, are less than 1,000 lb (453.6 issuance. kg) of South Atlantic snapper-grouper (ii) An application for an unlimited in one of these three 12-month periods, permit when the RD’s certified mail the permit may be renewed only as a notification specifies eligibility for a trip-limited permit. trip-limited permit will not be consid- (iv) Fishing records submitted in a ered. timely manner in accordance with
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§ 622.5(a)(1)(iv) and (a)(2) will be the (c) Fish traps. (1) A fish trap may not sole basis for determination of landings be used in the South Atlantic EEZ. of South Atlantic snapper-grouper for (2) A fish trap may not be used or the purposes of meeting the 1,000–lb possessed in the Gulf EEZ west of 85°30′ (453.6–kg) landing criterion. W. long. and, after February 7, 2007, may not be used or possessed in the Subpart C—Management Gulf EEZ. Measures (3) A fish trap used other than where authorized in paragraph (c) (1) or (2) of § 622.30 Fishing years. this section may be disposed of in any appropriate manner by the Assistant The fishing year for species or species Administrator or an authorized officer. groups governed in this part is January (d) Longlines for wreckfish. A bottom 1 through December 31 except for the longline may not be used to fish for following: wreckfish in the South Atlantic EEZ. (a) Allowable octocoral— October 1 A person aboard a vessel that has a through September 30. longline on board may not retain a (b) King and Spanish mackerel. The wreckfish in or from the South Atlan- fishing year for the king and Spanish tic EEZ. For the purposes of this para- mackerel bag limits specified in graph, a vessel is considered to have a § 622.39(c)(1) is January 1 through De- longline on board when a power-oper- cember 31. The following fishing years ated longline hauler, a cable of diame- apply only for the king and Spanish ter suitable for use in the longline fish- mackerel quotas specified in § 622.42(c): ery longer than 1.5 mi (2.4 km) on any (1) Gulf migratory group king mack- reel, and gangions are on board. Re- erel— July 1 through June 30. moval of any one of these three ele- (2) All other migratory groups of king ments constitutes removal of a and Spanish mackerel— April 1 through longline. March 31. (e) Poisons. (1) A poison, drug, or (c) Wreckfish— April 16 through April other chemical may not be used to fish 15. for Caribbean reef fish in the Caribbean (d) South Atlantic greater amberjack— EEZ. May 1 through April 30. (2) A poison may not be used to take Gulf reef fish in the Gulf EEZ. [61 FR 34934, July 3, 1996, as amended at 64 (3) A poison may not be used to fish FR 3627, Jan. 25, 1999] for South Atlantic snapper-grouper in the South Atlantic EEZ. § 622.31 Prohibited gear and methods. (f) Power-assisted tools. A power-as- In addition to the prohibited gear/ sisted tool may not be used in the Car- methods specified in this section, see ibbean EEZ to take a Caribbean coral §§ 622.33, 622.34, and 622.35 for seasonal/ reef resource or in the Gulf or South area prohibited gear/methods and Atlantic EEZ to take allowable § 622.41 for species specific authorized octocoral, prohibited coral, or live and unauthorized gear/methods. rock. (a) Explosives. An explosive (except an (g) Powerheads. A powerhead may not explosive in a powerhead) may not be be used in the Caribbean EEZ to har- used to fish in the Caribbean, Gulf, or vest Caribbean reef fish or in the EEZ South Atlantic EEZ. A vessel fishing in off South Carolina to harvest South the EEZ for a species governed in this Atlantic snapper-grouper. The posses- part, or a vessel for which a permit has sion of a mutilated Caribbean reef fish been issued under § 622.4, may not have in or from the Caribbean EEZ, or a mu- on board any dynamite or similar ex- tilated South Atlantic snapper-grouper plosive substance. in or from the EEZ off South Carolina, (b) Chemicals and plants. A toxic and a powerhead is prima facie evidence chemical may not be used or possessed that such fish was harvested by a in a coral area, and a chemical, plant, powerhead. or plant-derived toxin may not be used (h) Rebreathers and spearfishing gear. to harvest a Caribbean coral reef re- In the South Atlantic EEZ, a person source in the Caribbean EEZ. using a rebreather may not harvest
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South Atlantic snapper-grouper with lobster may be retained in a trap, pro- spearfishing gear. The possession of vided the trap is returned immediately such snapper-grouper while in the to the water. An egg-bearing spiny lob- water with a rebreather is prima facie ster may not be stripped, scraped, evidence that such fish was harvested shaved, clipped, or in any other manner with spearfishing gear while using a re- molested, in order to remove the eggs. breather. (2) Gulf. (i) Gulf and South Atlantic (i) Sea bass pots. A sea bass pot may prohibited coral taken as incidental not be used in the South Atlantic EEZ catch in the Gulf EEZ must be re- south of 28°35.1′ N. lat. (due east of the turned immediately to the sea in the NASA Vehicle Assembly Building, Cape general area of fishing. In fisheries Canaveral, FL). A sea bass pot de- where the entire catch is landed ployed in the EEZ south of 28°35.1′ N. unsorted, such as the scallop and lat. may be disposed of in any appro- groundfish fisheries, unsorted prohib- priate manner by the Assistant Admin- ited coral may be landed ashore; how- istrator or an authorized officer. ever, no person may sell or purchase (j) Spears and hooks. A spear, hook, or such prohibited coral. similar device may not be used in the (ii) Jewfish may not be harvested or Caribbean EEZ to harvest a Caribbean possessed in or from the Gulf EEZ. spiny lobster. The possession of a (iii) Red drum and Nassau grouper speared, pierced, or punctured Carib- may not be harvested or possessed in or bean spiny lobster in or from the Carib- from the Gulf EEZ. Such fish caught in bean EEZ is prima facie evidence of vio- the Gulf EEZ must be released imme- lation of this section. diately with a minimum of harm. [61 FR 34934, July 3, 1996, as amended at 62 (3) Mid-Atlantic. Red drum may not FR 13987, Mar. 25, 1997; 63 FR 10567, Mar. 4, be harvested or possessed in or from 1998; 63 FR 57590, Oct. 28, 1998] the Mid-Atlantic EEZ south of a line extending in a direction of 115° from § 622.32 Prohibited and limited-har- true north commencing at a point at vest species. 40°29.6′ N. lat., 73°54.1′ W. long., such (a) General. The harvest and posses- point being the intersection of the New sion restrictions of this section apply Jersey/New York boundary with the 3- without regard to whether the species nm line denoting the seaward limit of is harvested by a vessel operating state waters. Red drum caught in such under a commercial vessel permit. The portion of the Mid-Atlantic EEZ must operator of a vessel that fishes in the be released immediately with a min- EEZ is responsible for the limit appli- imum of harm. cable to that vessel. (4) South Atlantic. (i) Gulf and South (b) Prohibited species. Prohibited spe- Atlantic prohibited coral taken as inci- cies, by geographical area, are as fol- dental catch in the South Atlantic EEZ lows: must be returned immediately to the (1) Caribbean. (i) Caribbean prohibited sea in the general area of fishing. In coral may not be fished for or possessed fisheries where the entire catch is land- in or from the Caribbean EEZ. The tak- ed unsorted, such as the scallop and ing of Caribbean prohibited coral in the groundfish fisheries, unsorted prohib- Caribbean EEZ is not considered un- ited coral may be landed ashore; how- lawful possession provided it is re- ever, no person may sell or purchase turned immediately to the sea in the such prohibited coral. general area of fishing. (ii) Jewfish and Nassau grouper may (ii) Foureye, banded, and longsnout not be harvested or possessed in or butterflyfish; jewfish; Nassau grouper; from the South Atlantic EEZ. Jewfish and seahorses may not be harvested or and Nassau grouper taken in the South possessed in or from the Caribbean Atlantic EEZ incidentally by hook- EEZ. Such fish caught in the Caribbean and-line must be released immediately EEZ must be released immediately by cutting the line without removing with a minimum of harm. the fish from the water. (iii) Egg-bearing spiny lobster in the (iii) Red drum may not be harvested Caribbean EEZ must be returned to the or possessed in or from the South At- water unharmed. An egg-bearing spiny lantic EEZ. Red drum caught in the
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South Atlantic EEZ must be released Atlantic EEZ is limited to one of each immediately with a minimum of harm. per vessel per trip. (iv) Wild live rock may not be har- [61 FR 34934, July 3, 1996, as amended at 61 vested or possessed in the South Atlan- FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, tic EEZ. 1997; 63 FR 10567, Mar. 4, 1998] (v) It is intended that no female gold- EFFECTIVE DATE NOTE: At 64 FR 48326, en crabs in or from the South Atlantic Sept. 3, 1999, § 622.32 was amended by adding EEZ be retained on board a vessel and paragraph (b)(4)(vii), effective Sept. 8, 1999, that any female golden crab in or from through Mar. 1, 2000. For the convenience of the South Atlantic EEZ be released in the user, the added text follows: a manner that will ensure maximum probability of survival. However, to ac- § 622.32 Prohibited and limited-har- commodate legitimate incidental catch vest species. and retention, the number of female golden crabs in or from the South At- * * * * * lantic EEZ retained on board a vessel (b) * * * may not exceed 0.5 percent, by number, (4) * * * of all golden crabs on board. See (vii) Red porgy may not be harvested § 622.45(f)(1) regarding the prohibition or possessed in or from the South At- of sale of female golden crabs. lantic EEZ. Red porgy caught in the (vi) South Atlantic snapper-grouper South Atlantic EEZ must be released may not be possessed in whole, gutted, immediately with a minimum of harm. or filleted form by a person aboard a vessel fishing for or possessing golden * * * * * crab in or from the South Atlantic EEZ or possessing a golden crab trap in the § 622.33 Caribbean EEZ seasonal and/ South Atlantic. Only the head, fins, or area closures. and backbone (collectively the ‘‘rack’’) (a) Mutton snapper spawning aggrega- of South Atlantic snapper-grouper may tion area. From March 1 through June be possessed for use as bait. 30, each year, fishing is prohibited in (c) Limited-harvest species. A person that part of the following area that is who fishes in the EEZ may not com- in the EEZ. The area is bounded by bine a harvest limitation specified in rhumb lines connecting, in order, the this paragraph (c) with a harvest limi- points listed: tation applicable to state waters. A species subject to a harvest limitation Point North lat. West long. specified in this paragraph (c) taken in A ...... 17°37.8′ 64°53.0′ the EEZ may not be transferred at sea, B ...... 17°39.0′ 64°53.0′ regardless of where such transfer takes C ...... 17°39.0′ 64°50.5′ D ...... 17°38.1′ 64°50.5′ place, and such species may not be E ...... 17°37.8′ 64°52.5′ transferred in the EEZ. A ...... 17°37.8′ 64°53.0′ (1) Cobia. No person may possess more than two cobia per day in or from (b) Red hind spawning aggregation the Gulf, Mid-Atlantic, or South Atlan- areas. From December 1 through Feb- tic EEZ, regardless of the number of ruary 28, each year, fishing is prohib- trips or duration of a trip. ited in those parts of the following (2) Cubera snapper. No person may areas that are in the EEZ. Each area is harvest more than two cubera snapper bounded by rhumb lines connecting, in measuring 30 inches (76.2 cm), TL, or order, the points listed: larger, per day in the South Atlantic (1) East of St. Croix. EEZ off Florida and no more than two Point North lat. West long. such cubera snapper in or from the South Atlantic EEZ off Florida may be A ...... 17°50.2′ 64°27.9′ possessed on board a vessel at any B ...... 17°50.1′ 64°26.1′ C ...... 17°49.2′ 64°25.8′ time. D ...... 17°48.6′ 64°25.8′ (3) Speckled hind and warsaw grouper. E ...... 17°48.1′ 64°26.1′ F ...... 17°47.5′ 64°26.9′ The possession of speckled hind and ° ′ ° ′ warsaw grouper in or from the South A ...... 17 50.2 64 27.9
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(2) South of St. Thomas. per line and spearfishing gear in the Alabama SMZ is limited on that trip to Point North lat. West long. the bag limits for Gulf reef fish speci- A ...... 18°13.2′ 65°06.0′ fied in § 622.39(b) and, for Gulf reef fish B ...... 18°13.2′ 64°59.0′ for which no bag limit is specified in C ...... 18°11.8′ 64°59.0′ D ...... 18°10.7′ 65°06.0′ § 622.39(b), the vessel is limited to 5 per- A ...... 18°13.2′ 65°06.0′ cent, by weight, of all fish on board or landed. The Alabama SMZ is bounded (3) West of Puerto Rico—(i) Bajo de by rhumb lines connecting, in order, Cico. the following points:
Point North lat. West long. Point North lat. West long.
A ...... 18°15.7′ 67°26.4′ A ...... 30°02.5′ 88°07.7′ ° ′ ° ′ B ...... 18 15.7 67 23.2 B ...... 30°02.6′ 87°59.3′ ° ′ ° ′ C ...... 18 12.7 67 23.4 C ...... 29°55.0′ 87°55.5′ ° ′ ° ′ D ...... 18 12.7 67 26.4 D ...... 29°54.5′ 88°07.5′ A ...... 18°15.7′ 67°26.4′ A ...... 30°02.5′ 88°07.7′
(ii) Tourmaline Bank. (b) Florida middle grounds HAPC. Point North lat. West long. Fishing with a bottom longline, bot- tom trawl, dredge, pot, or trap is pro- A ...... 18°11.2′ 67°22.4′ hibited year round in the area bounded B ...... 18°11.2′ 67°19.2′ C ...... 18°08.2′ 67°19.2′ by rhumb lines connecting, in order, D ...... 18°08.2′ 67°22.4′ the following points: A ...... 18°11.2′ 67°22.4′ Point North lat. West long. (iii) Abrir La Sierra Bank. A ...... 28°42.5′ 84°24.8′ ° ′ ° ′ Point North lat. West long. B ...... 28 42.5 84 16.3 C ...... 28°11.0′ 84°00.0′ A ...... 18°06.5′ 67°26.9′ D ...... 28°11.0′ 84°07.0′ B ...... 18°06.5′ 67°23.9′ E ...... 28°26.6′ 84°24.8′ C ...... 18°03.5′ 67°23.9′ A ...... 28°42.5′ 84°24.8′ D ...... 18°03.5′ 67°26.9′ A ...... 18°06.5′ 67°26.9′ (c) Reef fish longline and buoy gear re- stricted area. A person aboard a vessel (c) Queen conch closure. From July 1 that uses, on any trip, longline or buoy through September 30, each year, no gear in the longline and buoy gear re- person may fish for queen conch in the stricted area is limited on that trip to Caribbean EEZ and no person may pos- the bag limits for Gulf reef fish speci- sess on board a fishing vessel a queen fied in § 622.39(b)(1) and, for Gulf reef conch in or from the Caribbean EEZ. fish for which no bag limit is specified [61 FR 34934, July 3, 1996, as amended at 61 in § 622.39(b)(1), the vessel is limited to FR 64486, Dec. 5, 1996; 61 FR 65483, Dec. 13, 5 percent, by weight, of all fish on 1996] board or landed. The longline and buoy gear restricted area is that part of the § 622.34 Gulf EEZ seasonal and/or area closures. Gulf EEZ shoreward of rhumb lines connecting, in order, the points listed (a) Alabama SMZ. The Alabama SMZ in Table 1, in Appendix B of this part. consists of artificial reefs and sur- (d) Riley’s Hump seasonal closure. rounding areas. In the Alabama SMZ, From May 1 through June 30, each fishing by a vessel that is operating as year, fishing is prohibited in the fol- a charter vessel or headboat, a vessel lowing area bounded by rhumb lines that does not have a commercial per- connecting, in order, the following mit for Gulf reef fish, as required under points: § 622.4(a)(2), or a vessel with such a per- mit fishing for Gulf reef fish is limited Point North lat. West long. to hook-and-line gear with three or A ...... 24°32.2′ 83°08.7′ fewer hooks per line and spearfishing B ...... 24°32.2′ 83°05.2′ gear. A person aboard a vessel that C ...... 24°28.7′ 83°05.2′ uses on any trip gear other than hook- D ...... 24°28.7′ 83°08.7′ ° ′ ° ′ and-line gear with three or fewer hooks A ...... 24 32.2 83 08.7
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(e) Shrimp/stone crab separation zones. cember 1 and from April 2 through May Five zones are established in the Gulf 20, each year. EEZ and Florida’s waters off Citrus (ii) It is unlawful to trawl in that and Hernando Counties for the separa- part of Zone IV that is in the EEZ from tion of shrimp trawling and stone crab December 2 through April 1, each year. trapping. Although Zone II is entirely (5) Zone V is enclosed by rhumb lines within Florida’s waters, it is included connecting, in order, points F, G, K, L, in this paragraph (e) for the conven- and F. ience of fishermen. Restrictions that (i) It is unlawful to place a stone crab apply to Zone II and those parts of the trap in that part of Zone V that is in other zones that are in Florida’s waters the EEZ from October 5 through No- are contained in Rule 46–38.001, Florida vember 30 and from March 16 through Administrative Code. Geographical co- May 20, each year. ordinates of the points referred to in (ii) It is unlawful to trawl in that this paragraph (e) are as follows: part of Zone V that is in the EEZ from December 1 through March 15, each Point North lat. West long. year. A ...... 28°59′30″ 82°45′36″ (f) Southwest Florida seasonal trawl B ...... 28°59′30″ 83°00′10″ closure. From January 1 to 1 hour after C ...... 28°26′01″ 82°59′47″ D ...... 28°26′01″ 82°56′54″ sunset on May 20, each year, trawling, E ...... 28°41′39″ 82°55′25″ including trawling for live bait, is pro- F ...... 28°41′39″ 82°56′09″ hibited in that part of the Gulf EEZ G ...... 28°48′56″ 82°56′19″ H ...... 28°53′51″ 82°51′19″ shoreward of rhumb lines connecting, I 1 ...... 28°54′43″ 82°44′52″ in order, the following points: J 2 ...... 28°51′09″ 82°44′00″ K ...... 28°50′59″ 82°54′16″ Point North lat. West long. L ...... 28°41′39″ 82°53′56″ M 3 ...... 28°41′39″ 82°38′46″ B 1 ...... 26°16.0′ 81°58.5′ N ...... 28°41′39″ 82°53′12″ C ...... 26°00.0′ 82°04.0′ O ...... 28°30′51″ 82°55′11″ D ...... 25°09.0′ 81°47.6′ P ...... 28°40′00″ 82°53′08″ E ...... 24°54.5′ 81°50.5′ Q ...... 28°40′00″ 82°47′58″ M 1 ...... 24°49.3′ 81°46.4′ R ...... 28°35′14″ 82°47′47″ S ...... 28°30′51″ 82°52′55″ 1 On the seaward limit of Florida's waters. T ...... 28°27′46″ 82°55′09″ U ...... 28°30′51″ 82°52′09″ (g) Reef fish stressed area. The stressed area is that part of the Gulf EEZ shore- 1 Crystal River Entrance Light 1A. 2 Long Pt. (southwest tip). ward of rhumb lines connecting, in 3 Shoreline. order, the points listed in Table 2, in (1) Zone I is enclosed by rhumb lines Appendix B of this part. connecting, in order, points A, B, C, D, (1) A powerhead may not be used in T, E, F, G, H, I, and J, plus the shore- the stressed area to take Gulf reef fish. line between points A and J. It is un- Possession of a powerhead and a muti- lawful to trawl in that part of Zone I lated Gulf reef fish in the stressed area that is in the EEZ from October 5 or after having fished in the stressed through May 20, each year. area constitutes prima facie evidence (2) Zone II is enclosed by rhumb lines that such reef fish was taken with a connecting, in order, points J, I, H, K, powerhead in the stressed area. The L, and M, plus the shoreline between provisions of this paragraph do not points J and M. apply to the following species: dwarf (3) Zone III is enclosed by rhumb sand perch, hogfish, queen triggerfish, lines connecting, in order, points P, Q, and sand perch. R, U, S, and P. It is unlawful to trawl (2) A roller trawl may not be used in in that part of Zone III that is in the the stressed area. Roller trawl means a EEZ from October 5 through May 20, trawl net equipped with a series of each year. large, solid rollers separated by several (4) Zone IV is enclosed by rhumb lines smaller spacer rollers on a separate connecting, in order, points E, N, S, O, cable or line (sweep) connected to the and E. footrope, which makes it possible to (i) It is unlawful to place a stone crab fish the gear over rough bottom, that trap in that part of Zone IV that is in is, in areas unsuitable for fishing con- the EEZ from October 5 through De- ventional shrimp trawls. Rigid framed
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trawls adapted for shrimping over un- the seaward limit of Florida’s waters); even bottom, in wide use along the thence along the seaward limit of Flor- west coast of Florida, and shrimp ida’s waters, as shown on the current trawls with hollow plastic rollers for edition of NOAA chart 11439, to point V fishing on soft bottoms, are not consid- at 24°42.55′ N. lat., 82°15.0′ W. long.; ered roller trawls. thence north to point W at 24°43.6′ N. (3) A fish trap may not be used in the lat., 82°15.0′ W. long. stressed area. A fish trap used in the (ii) Effective from April 11 through stressed area will be considered un- July 31, each year, that part of the claimed or abandoned property and Tortugas shrimp sanctuary seaward of may be disposed of in any appropriate rhumb lines connecting the following manner by the Assistant Adminis- points is open to trawling: From point trator (including an authorized offi- W to point V, both points as specified cer). in paragraph (i)(2)(i) of this section, to (h) Texas closure. (1) From 30 minutes point G, as specified in paragraph (i)(1) after sunset on May 15 to 30 minutes of this section. after sunset on July 15, trawling, ex- (iii) Effective from May 26 through cept trawling for royal red shrimp be- July 31, each year, that part of the yond the 100-fathom (183-m) depth con- Tortugas shrimp sanctuary seaward of tour, is prohibited in the Gulf EEZ off rhumb lines connecting the following Texas. points is open to trawling: From point (2) In accordance with the procedures F, as specified in paragraph (i)(1) of and restrictions of the Fishery Man- this section, to point Q at 24°46.7′ N. agement Plan for the Shrimp Fishery lat., 81°52.2′ W. long. (on the line denot- of the Gulf of Mexico, the RD may ad- ing the seaward limit of Florida’s wa- just the closing and/or opening date of ters); thence along the seaward limit of the Texas closure to provide an earlier, Florida’s waters, as shown on the cur- later, shorter, or longer closure, but rent edition of NOAA chart 11439, to the duration of the closure may not ex- point U and north to point T, both ceed 90 days or be less than 45 days. No- points as specified in paragraph (i)(2)(i) tification of the adjustment of the of this section. closing or opening date will be pub- (j) West and East Flower Garden Banks lished in the FEDERAL REGISTER. HAPC. Fishing with a bottom longline, (i) Tortugas shrimp sanctuary. (1) The bottom trawl, dredge, pot, or trap is Tortugas shrimp sanctuary is closed to prohibited year-round in the HAPC. trawling. The Tortugas shrimp sanc- The West and East Flower Garden tuary is that part of the EEZ off Flor- Banks are geographically centered at ida shoreward of rhumb lines con- 27°52′14.21″ N. lat., 93°48′54.79″ W. long. necting, in order, the following points: and 27°55′07.44″ N. lat., 93°36′08.49″ W. long., respectively. The HAPC extends Point North lat. West long. from these centers to the 50-fathom N 1 ...... 25°52.9′ 81°37.9′ (300-ft) (91.4-m) isobath. F ...... 24°50.7′ 81°51.3′ (k) Wild live rock area closures. No per- G 2 ...... 24°40.1′ 82°26.7′ son may harvest or possess wild live H 3 ...... 24°34.7′ 82°35.2′ P 4 ...... 24°35.0′ 82°08.0′ rock in the Gulf EEZ— (1) North and west of a line extending 1 Coon Key Light. 2 New Ground Rocks Light. in a direction of 235° from true north 3 Rebecca Shoal Light. from a point at the mouth of the Su- 4 Marquessas Keys. wannee River at 29°17.25′ N. lat., 83°09.9′ (2) The provisions of paragraph (i)(1) W. long. (the Levy/Dixie County, FL, of this section notwithstanding— boundary); or (i) Effective from April 11 through (2) South of 25°20.4′ N. lat. (due west September 30, each year, that part of from the Monroe/Collier County, FL, the Tortugas shrimp sanctuary sea- boundary). ward of rhumb lines connecting the fol- (l) Closures of the commercial fishery lowing points is open to trawling: for red snapper. The commercial fishery From point T at 24°47.8′ N. lat., 82°01.0′ for red snapper in or from the Gulf EEZ W. long. to point U at 24°43.83′ N. lat., is closed from January 1 to noon on 82°01.0′ W. long. (on the line denoting February 1 and thereafter from noon
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on the 15th of each month to noon on charted depth is less than 50 fathoms the first of each succeeding month (91.4 m), is limited on that trip to the until the quota specified in bag limit for South Atlantic snapper- § 622.42(a)(1)(i)(A) is reached or until grouper for which a bag limit is speci- noon on September 1, whichever occurs fied in § 622.39(d)(1), and to zero for all first. From September 1 to December 1, other South Atlantic snapper-grouper. the commercial fishery for red snapper For the purpose of this paragraph, a in or from the Gulf EEZ is closed from vessel is considered to have a longline noon on the 10th of each month to noon on board when a power-operated on the first of each succeeding month longline hauler, a cable or until the quota specified in monofilament of diameter and length § 622.42(a)(1)(i)(B) is reached or until suitable for use in the longline fishery, the end of the fishing year, whichever and gangions are on board. Removal of occurs first. All times are local times. any one of these three elements con- During these closed periods, the posses- stitutes removal of a longline. sion of red snapper in or from the Gulf (c) Oculina Bank HAPC. The Oculina EEZ and in the Gulf on board a vessel Bank HAPC is bounded on the north by for which a commercial permit for Gulf 27°53′ N. lat., on the south by 27°30′ N. reef fish has been issued, as required lat., on the east by 79°56′ W. long., and under § 622.4(a)(2)(v), without regard to on the west by 80°00′ W. long. In the where such red snapper were harvested, Oculina Bank HAPC: is limited to the bag and possession (1) Fishing with a bottom longline, limits, as specified in § 622.39(b)(1)(iii) bottom trawl, dredge, pot, or trap is and (b)(2), respectively, and such red prohibited. snapper are subject to the prohibition (2) A fishing vessel may not anchor, on sale or purchase of red snapper pos- use an anchor and chain, or use a grap- sessed under the bag limit, as specified ple and chain. in § 622.45(c)(1). However, when the rec- reational quota for red snapper has (3) No fishing for South Atlantic been reached and the bag and posses- snapper-grouper is allowed, and South sion limit has been reduced to zero, the Atlantic snapper-grouper may not be limit for such possession during a retained, in or from the HAPC. South closed period is zero. Atlantic snapper-grouper taken inci- dentally in the HAPC by hook-and-line [61 FR 34934, July 3, 1996, as amended at 61 gear must be released immediately by FR 48642, Sept. 16, 1996; 62 FR 46679, Sept. 4, cutting the line without removing the 1997; 62 FR 47767, Sept. 11, 1997; 62 FR 67722, Dec. 30, 1997; 64 FR 47713, Sept. 1, 1999] fish from the water. (d) South Atlantic shrimp cold weather § 622.35 South Atlantic EEZ seasonal closure. (1) Pursuant to the procedures and/or area closures. and criteria established in the FMP for (a) Allowable octocoral closed area. No the Shrimp Fishery of the South At- person may harvest or possess allow- lantic Region, when Florida, Georgia, able octocoral in the South Atlantic North Carolina, or South Carolina EEZ north of 28°35.1′ N. lat. (due east of closes all or a portion of its waters of the NASA Vehicle Assembly Building, the South Atlantic to the harvest of Cape Canaveral, FL). brown, pink, and white shrimp, the As- (b) Longline closed areas. A longline sistant Administrator may concur- may not be used to fish in the EEZ for rently close the South Atlantic EEZ South Atlantic snapper-grouper south adjacent to the closed state waters by of 27°10′ N. lat. (due east of the en- filing a notification of closure with the trance to St. Lucie Inlet, FL); or north Office of the Federal Register. Closure of 27°10′ N. lat. where the charted depth of the adjacent EEZ will be effective is less than 50 fathoms (91.4 m), as until the ending date of the closure in shown on the latest edition of the larg- state waters, but may be ended earlier est scale NOAA chart of the location. A based on the state’s request. In the lat- person aboard a vessel with a longline ter case, the Assistant Administrator on board that fishes on a trip in the will terminate a closure of the EEZ by South Atlantic EEZ south of 27°10′ N. filing a notification to that effect with lat., or north of 27°10′ N. lat. where the the Office of the Federal Register.
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(2) During a closure, as specified in 79°33.81′ W. long.; and on the west by paragraph (d)(1) of this section— 79°35.10′ W. long. (i) No person may trawl for brown (vi) Kiawah Reef is bounded on the shrimp, pink shrimp, or white shrimp north by 32°29.78′ N. lat.; on the south in the closed portion of the EEZ (closed by 32°28.25′ N. lat.; on the east by area); and no person may possess on 79°59.00′ W. long.; and on the west by board a fishing vessel brown shrimp, 80°00.95′ W. long. pink shrimp, or white shrimp in or (vii) Edisto Offshore Reef is bounded from a closed area, except as author- on the north by 32°15.30′ N. lat.; on the ized in paragraph (d)(2)(iii) of this sec- south by 32°13.90′ N. lat.; on the east by tion. 79°50.25′ W. long.; and on the west by (ii) No person aboard a vessel trawl- 79°51.45′ W. long. ing in that part of a closed area that is (viii) Hunting Island Reef is bounded within 25 nm of the baseline from on the north by 32°13.72′ N. lat.; on the ° ′ which the territorial sea is measured south by 32 12.30 N. lat.; on the east by ° ′ may use or have on board a trawl net 80 19.23 W. long.; and on the west by ° ′ with a mesh size less than 4 inches (10.2 80 21.00 W. long. cm), as measured between the centers (ix) Fripp Island Reef is bounded on ° ′ of opposite knots when pulled taut. the north by 32 15.92 N. lat.; on the ° ′ (iii) Brown shrimp, pink shrimp, or south by 32 14.75 N. lat.; on the east by 80°21.62′ W. long.; and on the west by white shrimp may be possessed on 80°22.90′ W. long. board a fishing vessel in a closed area, (x) Betsy Ross Reef is bounded on the provided the vessel is in transit and all north by 32°03.60′ N. lat.; on the south trawl nets with a mesh size less than 4 by 32°02.88′ N. lat.; on the east by inches (10.2 cm), as measured between 80°24.57′ W. long.; and on the west by the centers of opposite knots when 80°25.50′ W. long. pulled taut, are stowed below deck (xi) Hilton Head Reef/Artificial Reef—T while transiting the closed area. For is bounded on the north by 32°00.71′ N. the purpose of this paragraph, a vessel lat.; on the south by 31°59.42′ N. lat.; on is in transit when it is on a direct and the east by 80°35.23′ W. long.; and on continuous course through a closed the west by 80°36.37′ W. long. area. (xii) Artificial Reef—A is bounded on (e) (1) The SMZs consist of ar- SMZs. the north by 30°56.4′ N. lat.; on the tificial reefs and surrounding areas as south by 30°55.2′ N. lat.; on the east by follows: 81°15.4′ W. long.; and on the west by (i) Paradise Reef is bounded on the 81°16.5′ W. long. ° ′ north by 33 31.59 N. lat.; on the south (xiii) Artificial Reef—C is bounded on ° ′ by 33 30.51 N. lat.; on the east by the north by 30°51.4′ N. lat.; on the ° ′ 78 57.55 W. long.; and on the west by south by 30°50.1′ N. lat.; on the east by ° ′ 78 58.85 W. long. 81°09.1′ W. long.; and on the west by (ii) Ten Mile Reef is bounded on the 81°10.4′ W. long. north by 33°26.65′ N. lat.; on the south (xiv) Artificial Reef—G is bounded on by 33°24.80′ N. lat.; on the east by the north by 30°59.1′ N. lat.; on the 78°51.08′ W. long.; and on the west by south by 30°57.8′ N. lat.; on the east by 78°52.97′ W. long. 80°57.7′ W. long.; and on the west by (iii) Pawleys Island Reef is bounded on 80°59.2′ W. long. the north by 33°26.58′ N. lat.; on the (xv) Artificial Reef—F is bounded on south by 33°25.76′ N. lat.; on the east by the north by 31°06.6′ N. lat.; on the 79°00.29′ W. long.; and on the west by south by 31°05.6′ N. lat.; on the east by 79°01.24′ W. long. 81°11.4′ W. long.; and on the west by (iv) Georgetown Reef is bounded on 81°13.3′ W. long. the north by 33°14.90′ N. lat.; on the (xvi) Artificial Reef—J is bounded on south by 33°13.85′ N. lat.; on the east by the north by 31°36.7′ N. lat.; on the 78°59.45′ W. long.; and on the west by south by 31°35.7′ N. lat.; on the east by 79°00.65′ W. long. 80°47.0′ W. long.; and on the west by (v) Capers Reef is bounded on the 80°48.1′ W. long. north by 32°45.45′ N. lat.; on the south (xvii) Artificial Reef—L is bounded on by 32°43.91′ N. lat.; on the east by the north by 31°46.2′ N. lat.; on the
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south by 31°45.1′ N. lat.; on the east by (xxviii) Bill Perry Jr. Reef is bounded 80°35.8′ W. long.; and on the west by on the north by 33°26.20′ N. lat.; on the 80°37.1′ W. long. south by 33°25.20′ N. lat.; on the east by (xviii) Artificial Reef—KC is bounded 78°32.70′ W. long.; and on the west by on the north by 31°51.2′ N. lat.; on the 78°33.80′ W. long. south by 31°50.3′ N. lat.; on the east by (xxix) Comanche Reef is bounded on 80°46.0′ W. long.; and on the west by the north by 32°27.40′ N. lat.; on the 80°47.2′ W. long. south by 32°26.90′ N. lat.; on the east by (xix) Ft. Pierce Inshore Reef is bound- 79°18.80′ W. long.; and on the west by ed on the north by 27°26.8’ N. lat.; on 79°19.60′ W. long. the south by 27°25.8’ N. lat.; on the east (xxx) Murrel’s Inlet 60 Foot Reef is by 80°09.24’ W. long.; and on the west by bounded on the north by 33°17.50’ N. 80°10.36’ W. long. lat.; on the south by 33°16.50’ N. lat.; on (xx) Ft. Pierce Offshore Reef is bound- the east by 78°44.67’ W. long.; and on ed by rhumb lines connecting, in order, the west by 78°45.98’ W. long. the following points: (xxxi) Georgetown 95 Foot Reef is bounded on the north by 33°11.75’ N. Point North lat. West long. lat.; on the south by 33°10.75’ N. lat.; on A ...... 27°23.68′ 80°03.95′ the east by 78°24.10’ W. long.; and on B ...... 27°22.80′ 80°03.60′ the west by 78°25.63’ W. long. C ...... 27°23.94′ 80°00.02′ (xxxii) New Georgetown 60 Foot Reef is D ...... 27°24.85′ 80°00.33′ ° A ...... 27°23.68′ 80°03.95′ bounded on the north by 33 09.25’ N. lat.; on the south by 33°07.75’ N. lat.; on (xxi) Key Biscayne/Artificial Reef—H is the east by 78°49.95’ W. long.; and on bounded on the north by 25°42.82′ N. the west by 78°51.45’ W. long. lat.; on the south by 25°41.32′ N. lat.; on (xxxiii) North Inlet 45 Foot Reef is the east by 80°04.22′ W. long.; and on bounded on the north by 33°21.03’ N. the west by 80°05.53′ W. long. lat.; on the south by 33°20.03’ N. lat.; on (xxii) Little River Offshore Reef is the east by 79°00.31’ W. long.; and on bounded on the north by 33°42.10′ N. the west by 79°01.51’ W. long. lat.; on the south by 33°41.10′ N. lat.; on (xxxiv) CJ Davidson Reef is bounded the east by 78°26.40′ W. long.; and on on the north by 33°06.48’ N. lat.; on the the west by 78°27.10′ W. long. south by 33°05.48’ N. lat.; on the east by (xxiii) BP–25 Reef is bounded on the 79°00.27’ W. long.; and on the west by north by 33°21.70′ N. lat.; on the south 79°01.39’ W. long. by 33°20.70′ N. lat.; on the east by (xxxv) Greenville Reef is bounded on 78°24.80′ W. long.; and on the west by the north by 32°57.25’ N. lat.; on the 78°25.60′ W. long. south by 32°56.25’ N. lat.; on the east by (xxiv) Vermilion Reef is bounded on 78°54.25’ W. long.; and on the west by the north by 32°57.80′ N. lat.; on the 78°55.25’ W. long. south by 32°57.30′ N. lat.; on the east by (xxxvi) Charleston 60 Foot Reef is 78°39.30′ W. long.; and on the west by bounded on the north by 32°33.60’ N. 78°40.10′ W. long. lat.; on the south by 32°32.60’ N. lat.; on (xxv) Cape Romaine Reef is bounded the east by 79°39.70’ W. long.; and on on the north by 33°00.00′ N. lat.; on the the west by 79°40.90’ W. long. south by 32°59.50′ N. lat.; on the east by (xxxvii) Edisto 60 Foot Reef is bounded 79°02.01′ W. long.; and on the west by on the north by 32°21.75’ N. lat.; on the 79°02.62′ W. long. south by 32°20.75’ N. lat.; on the east by (xxvi) Y–73 Reef is bounded on the 80°04.10’ W. longitude; and on the west north by 32°33.20′ N. lat.; on the south by 80°05.70’ W. long. by 32°32.70′ N. lat.; on the east by (xxxviii) Edisto 40 Foot Reef is bound- 79°19.10′ W. long.; and on the west by ed on the north by 32°25.78’ N. lat.; on 79°19.70′ W. long. the south by 32°24.78’ N. lat.; on the (xxvii) Eagles Nest Reef is bounded on east by 80°11.24’ W. long.; and on the the north by 32°01.48′ N. lat.; on the west by 80°12.32’ W. long. south by 32°00.98′ N. lat.; on the east by (xxxix) Beaufort 45 Foot Reef is bound- 80°30.00′ W. long.; and on the west by ed on the north by 32°07.65’ N. lat.; on 80°30.65′ W. long. the south by 32°06.65’ N. lat.; on the
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east by 80°28.80’ W. long.; and on the § 622.36 Seasonal harvest limitations. ° west by 80 29.80’ W. long. (a) Gulf EEZ. During March, April, (2) The use of a sea bass pot or a bot- and May, each year, the possession of tom longline is prohibited in each of greater amberjack in or from the Gulf the SMZs. The following additional re- EEZ and in the Gulf on board a vessel strictions apply in the indicated SMZs: for which a commercial permit for Gulf (i) In the SMZs specified in para- reef fish has been issued, as required graphs (e)(1)(i) through (e)(1)(xviii) and under § 622.4(a)(2)(v), without regard to (e)(1)(xxii) through (e)(1)(xxxix) of this where such greater amberjack were section, the use of a gillnet or a trawl harvested, is limited to the bag and is prohibited, and fishing may be con- possession limits, as specified in ducted only with handline, rod and § 622.39(b)(1)(i) and (b)(2), respectively, reel, and spearfishing gear. and such greater amberjack are subject (ii) In SMZs specified in paragraphs to the prohibition on sale or purchase (e)(1) (xix) and (xx) of this section, a of greater amberjack possessed under hydraulic or electric reel that is per- the bag limit, as specified in manently affixed to the vessel is pro- § 622.45(c)(1). (b) South Atlantic EEZ—(1) Greater hibited when fishing for South Atlantic amberjack spawning season. During snapper-grouper. April, each year, the possession of (iii) In the SMZs specified in para- greater amberjack in or from the graphs (e)(1) (xix) and (xxi) of this sec- South Atlantic EEZ and in the South tion, the use of spearfishing gear is Atlantic on board a vessel for which a prohibited. valid Federal commercial or charter (iv) In the SMZs specified in para- vessel/headboat permit for South At- graphs (e)(1)(i) through (e)(1)(x), lantic snapper-grouper has been issued, (e)(1)(xx), and (e)(1)(xxii) through without regard to where such greater (e)(1)(xxxix) of this section, a amberjack were harvested, is limited powerhead may not be used to take to one per person per day or one per South Atlantic snapper-grouper. Pos- person per trip, whichever is more re- session of a powerhead and a mutilated strictive. Such greater amberjack are South Atlantic snapper-grouper in one subject to the prohibition on sale or of the specified SMZs, or after having purchase, as specified in § 622.45(d)(6). fished in one of the SMZs, constitutes (2) Mutton snapper spawning season. prima facie evidence that such fish was During May and June, each year, the taken with a powerhead in the SMZ. possession of mutton snapper in or (f) Golden crab trap closed areas. In the from the EEZ on board a vessel that golden crab northern zone, a golden has a commercial permit for South At- crab trap may not be deployed in wa- lantic snapper-grouper is limited to 10 ters less than 900 ft (274 m) deep. In the per person per day or 10 per person per golden crab middle and southern zones, trip, whichever is more restrictive. a golden crab trap may not be deployed (3) Wreckfish spawning-season closure. in waters less than 700 ft (213 m) deep. From January 15 through April 15, each See § 622.17(b) for specification of the year, no person may harvest or possess on a fishing vessel wreckfish in or from golden crab zones. the EEZ; offload wreckfish from the (g) Rock shrimp closed area. No person EEZ; or sell or purchase wreckfish in may trawl for rock shrimp in the area ° ′ ° ′ or from the EEZ. The prohibition on east of 80 00 W. long. between 27 30 N. sale or purchase of wreckfish does not ° ′ lat. and 28 30 N. lat. shoreward of the apply to trade in wreckfish that were 100–fathom (183–m) contour, as shown harvested, offloaded, and sold or pur- on the latest edition of NOAA chart chased prior to January 15 and were 11460; and no person may possess rock held in cold storage by a dealer or proc- shrimp in or from this area on board a essor. fishing vessel. (4) Black grouper and gag. During [61 FR 34934, July 3, 1996, as amended at 61 March and April, each year, the posses- FR 43959, Aug. 27, 1996; 61 FR 47449, Sept. 9, sion of black grouper and gag in or 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, from the South Atlantic EEZ and in Oct. 28, 1998; 63 FR 71794, Dec. 30, 1998] the South Atlantic on board a vessel
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for which a valid Federal commercial South Atlantic—33 inches (83.8 cm), or charter vessel/headboat permit for fork length. South Atlantic snapper-grouper has (2) King mackerel in the Gulf, South been issued, without regard to where Atlantic, or Mid-Atlantic—24 inches such black grouper or gag were har- (61.0 cm), fork length, except that a vested, is limited to two black grouper vessel fishing under a quota for king or gag, combined, per person per day or mackerel specified in § 622.42(c)(1) may two black grouper or gag, combined, possess undersized king mackerel in per person per trip, whichever is more quantities not exceeding 5 percent, by restrictive. Such black grouper or gag weight, of the king mackerel on board. are subject to the prohibition on sale (3) Spanish mackerel in the Gulf, or purchase, as specified in South Atlantic, or Mid-Atlantic—12 § 622.45(d)(5). inches (30.5 cm), fork length, except (5) Red porgy. During March and that a vessel fishing under a quota for April, each year, the possession of red Spanish mackerel specified in porgy in or from the South Atlantic § 622.42(c)(2) may possess undersized EEZ and in the South Atlantic on Spanish mackerel in quantities not ex- board a vessel for which a valid Federal ceeding 5 percent, by weight, of the commercial or charter vessel/headboat Spanish mackerel on board. permit for South Atlantic snapper- (d) Gulf reef fish. (1) Black sea bass grouper has been issued, without re- and lane and vermillion snapper—8 gard to where such red porgy were har- inches (20.3 cm), TL. vested, is limited to five per person per (2) Gray, mutton, and yellowtail day or five per person per trip, which- snappers—12 inches (30.5 cm), TL. ever is more restrictive. Such red (3) Red snapper—15 inches (38.1 cm), porgy are subject to the prohibition on TL. sale or purchase, as specified in (4) Black, red, and yellowfin groupers § 622.45(d)(5). and gag—20 inches, (50.8 cm), TL. [61 FR 34934, July 3, 1996, as amended at 62 (5) Greater amberjack—28 inches (71.1 FR 67723, Dec. 30, 1997; 64 FR 3627, Jan. 25, cm), fork length, for a fish taken by a 1999] person subject to the bag limit speci- fied in § 622.39(b)(1)(i) and 36 inches (91.4 EFFECTIVE DATE NOTE: At 64 FR 48326, Sept. 3, 1999, § 622.36 was amended by sus- cm), fork length, for a fish taken by a pending paragraph (b)(5), effective Sept. 8, person not subject to the bag limit. 1999, through Mar. 1, 2000. (e) South Atlantic snapper-grouper—(1) Snapper. (i) Lane snapper—8 inches § 622.37 Minimum sizes. (20.3 cm), TL. Except for undersized king and Span- (ii) Vermilion snapper—11 inches (27.9 ish mackerel allowed in paragraphs cm), TL, for a fish taken by a person (c)(2) and (3) of this section, a fish subject to the bag limit specified in smaller than its minimum size, as spec- § 622.39 (d)(1)(v) and 12 inches (30.5 cm), ified in this section, in or from the Car- TL, for a fish taken by a person not ibbean, Gulf, South Atlantic, and/or subject to the bag limit. Mid-Atlantic EEZ, as appropriate, may (iii) Blackfin, cubera, dog, gray, ma- not be possessed, sold, or purchased. An hogany, queen, silk, and yellowtail undersized fish must be released imme- snappers; and schoolmaster—12 inches diately with a minimum of harm. The (30.5 cm), TL. operator of a vessel that fishes in the (iv) Mutton snapper—16 inches (40.6 EEZ is responsible for ensuring that cm), TL. fish on board are no smaller than the (v) Red snapper—20 inches (50.8 cm), minimum size limits specified in this TL. section. (2) Grouper. (i) Red, yellowfin, and (a) Caribbean reef fish: Yellowtail yellowmouth grouper; and scamp—20 snapper—12 inches (30.5 cm), TL. inches (50.8 cm), TL. (b) Caribbean spiny lobster—3.5 inches (ii) Black grouper and gag—24 inches (8.9 cm), carapace length. (61.0 cm), TL. (c) Coastal migratory pelagic fish. (1) (3) Other snapper-grouper species. (i) Cobia in the Gulf, Mid-Atlantic, or Black sea bass—10 inches (25.4 cm), TL.
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(ii) Gray triggerfish in the South At- § 622.38 Landing fish intact. lantic EEZ off Florida—12 inches (30.5 The operator of a vessel that fishes in cm), TL. the EEZ is responsible for ensuring (iii) Hogfish—12 inches (30.5 cm), fork that fish on that vessel in the EEZ are length. maintained intact and, if taken from (iv) Red porgy—14 inches (35.6 cm), the EEZ, are maintained intact TL. through offloading ashore, as specified (v) Greater amberjack—28 inches (71.1 in this section. cm), fork length, for a fish taken by a (a) The following must be maintained person subject to the bag limit speci- with head and fins intact: Cobia, king fied in § 622.39(d)(1)(i) and 36 inches (91.4 mackerel, and Spanish mackerel in or cm), fork length, for a fish taken by a from the Gulf, Mid-Atlantic, or South person not subject to the bag limit. Atlantic EEZ, except as specified for (f) Gulf shrimp. White shrimp har- king mackerel in paragraph (g) of this vested in the EEZ are subject to the section; South Atlantic snapper-group- minimum-size landing and possession er in or from the South Atlantic EEZ, limits of Louisiana when possessed except as specified in paragraph (h) of within the jurisdiction of that State. this section; yellowtail snapper in or from the Caribbean EEZ; and finfish in (g) Caribbean queen conch—9 inches or from the Gulf EEZ, except as speci- (22.9 cm) in length, that is, from the tip fied in paragraphs (c) and (d) of this of the spire to the distal end of the 3 section. Such fish may be eviscerated, shell, and ⁄8 inch (9.5 mm) in lip width gilled, and scaled, but must otherwise at its widest point. A queen conch with be maintained in a whole condition. a length of at least 9 inches (22.9 cm) or (b) A Caribbean spiny lobster in or 3 a lip width of at least ⁄8 inch (9.5 mm) from the Caribbean EEZ must be main- is not undersized. tained with head and carapace intact. [61 FR 34934, July 3, 1996, as amended at 61 (c) Shark, swordfish, and tuna species FR 65483, Dec. 13, 1996; 62 FR 13988, Mar. 25, are exempt from the requirements of 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. paragraph (a) of this section. 4, 1998; 64 FR 3628, Jan. 25, 1999; 64 FR 45459, (d) In the Gulf EEZ: Aug. 20, 1999] (1) Bait is exempt from the require- EFFECTIVE DATE NOTE 1: At 62 FR 47766, ment to be maintained with head and Sept. 11, 1997, § 622.37 was amended by revis- fins intact. ing paragraph (d)(1) and adding paragraph (i) For the purpose of this paragraph (d)(6), effective Sept. 14, 1997, through Mar. (d)(1), bait means— 10, 1998. At 63 FR 67715, Dec. 30, 1997, this (A) Packaged, headless fish fillets amendment was continued indefinitely. For that have the skin attached and are the convenience of the user, the revised text frozen or refrigerated; is set forth as follows: (B) Headless fish fillets that have the skin attached and are held in brine; or § 622.37 Minimum sizes. (C) Small pieces no larger than 3 in3 (7.6 cm3) or strips no larger than 3 * * * * * inches by 9 inches (7.6 cm by 22.9 cm) (d) Gulf reef fish. (1) Black sea bass that have the skin attached and are and lane snapper—8 inches (20.3 cm), frozen, refrigerated, or held in brine. TL. (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish or part thereof possessed in or landed from the * * * * * Gulf EEZ that is subsequently sold or (6) Vermillion snapper—10 inches purchased as a finfish species, rather (25.4 cm), TL. than as bait, is not bait. (2) Legal-sized finfish possessed for * * * * * consumption at sea on the harvesting vessel are exempt from the require- EFFECTIVE DATE NOTE 2: At 64 FR 48326, ment to have head and fins intact, pro- Sept. 3, 1999, § 622.37 was amended by sus- vided— pending paragraph (e)(3)(iv), effective Sept. (i) Such finfish do not exceed any ap- 8, 1999, through Mar. 1, 2000. plicable bag limit;
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(ii) Such finfish do not exceed 1.5 lb vessel permit required under (680 g) of finfish parts per person § 622.4(a)(2) for the appropriate species/ aboard; and species group. However, see § 622.32 for (iii) The vessel is equipped to cook limitations on taking prohibited and such finfish on board. limited-harvest species. The limita- (e) A golden crab in or from the tions in § 622.32 apply without regard to South Atlantic EEZ must be main- whether the species is harvested by a tained in whole condition through vessel operating under a commercial landing ashore. For the purposes of vessel permit or by a person subject to this paragraph, whole means a crab the bag limits. The possession of a that is in its natural condition and commercial vessel permit notwith- that has not been gutted or separated standing, the bag and possession limits into component pieces, e.g., clusters. apply when the vessel is operating as a (f) A Caribbean conch resource in or charter vessel or headboat. A person from the Caribbean EEZ must be main- who fishes in the EEZ may not com- tained with meat and shell intact. bine a bag limit specified in this sec- (g) A maximum of five cut-off (dam- tion with a bag or possession limit ap- aged) king mackerel may be possessed plicable to state waters. A species/spe- in the Gulf, Mid-Atlantic, or South At- cies group subject to a bag limit speci- lantic EEZ on, and offloaded ashore fied in this section taken in the EEZ by from, a vessel that is operating under a a person subject to the bag limits may trip limit for king mackerel specified not be transferred at sea, regardless of in § 622.44(a). Such cut-off (damaged) where such transfer takes place, and king mackerel are not counted against such fish may not be transferred in the the trip limit and may not be sold or EEZ. The operator of a vessel that purchased. fishes in the EEZ is responsible for en- (h) In the South Atlantic EEZ, snap- suring that the bag and possession lim- per-grouper lawfully harvested in Ba- its specified in this section are not ex- hamian waters are exempt from the re- ceeded. quirement that they be maintained (2) Paragraph (a)(1) of this section with head and fins intact, provided notwithstanding, bag and possession valid Bahamian fishing and cruising limits also apply for Gulf reef fish in or permits are on board the vessel and the from the EEZ to a person aboard a ves- vessel is in transit through the South sel that has on board a commercial per- Atlantic EEZ. For the purpose of this mit for Gulf reef fish— paragraph (i), a vessel is in transit (i) When trawl gear or entangling net through the South Atlantic EEZ when gear is on board. A vessel is considered it is on a direct and continuous course to have trawl gear on board when trawl through the South Atlantic EEZ and doors and a net are on board. Removal no one aboard the vessel fishes in the from the vessel of all trawl doors or all EEZ. nets constitutes removal of trawl gear. [61 FR 34934, July 3, 1996, as amended at 61 (ii) When a longline or buoy gear is FR 43959, Aug. 27, 1996; 61 FR 65483, Dec. 13, on board and the vessel is fishing or 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, has fished on a trip in the reef fish July 16, 1998; 64 FR 3628, Jan. 25, 1999] longline and buoy gear restricted area specified in § 622.34(c). A vessel is con- § 622.39 Bag and possession limits. sidered to have a longline on board (a) Applicability. (1) The bag and pos- when a power-operated longline hauler, session limits apply for species/species a cable of diameter and length suitable groups listed in this section in or from for use in the longline fishery, and the EEZ. Bag limits apply to a person gangions are on board. Removal of any on a daily basis, regardless of the num- one of these three elements, in its en- ber of trips in a day. Possession limits tirety, constitutes removal of a apply to a person on a trip after the longline. first 24 hours of that trip. The bag and (iii) For a species/species group when possession limits apply to a person who its quota has been reached and closure fishes in the EEZ in any manner, ex- has been effected. cept a person aboard a vessel in the (iv) When the vessel has on board or EEZ that has on board the commercial is tending any trap other than a fish
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trap authorized under § 622.40(a)(2), a (A) Off Louisiana, Mississippi, and stone crab trap, or a spiny lobster trap. Alabama—10. (3) Paragraph (a)(1) of this section (B) Off Florida—10, which is the daily notwithstanding, the bag and other bag limit specified by Florida for its limits specified in § 622.35(b) apply for waters (Rule 46–23.005(1), Florida Ad- South Atlantic snapper-grouper in or ministrative Code). If Florida changes from the EEZ to a person aboard a ves- its limit, the bag limit specified in this sel for which a commercial permit for paragraph (c)(1)(iv)(B) will be changed South Atlantic snapper-grouper has to conform to Florida’s limit, provided been issued that has on board a such limit does not exceed 10. longline in the longline closed area. (C) Off Texas—7, which is the daily (b) Gulf reef fish—(1) Bag limits. (i) bag limit specified by Texas for its wa- Greater amberjack—1. ters (Rule 31–65.72(c)(4)(A), Texas Ad- (ii) Groupers, combined, excluding ministrative Code). If Texas changes jewfish and Nassau grouper—5. its limit, the bag limit specified in this (iii) Red snapper—4, except that for paragraph (c)(1)(iv)(C) will be changed an operator or member of the crew of a to conform to Texas’ limit, provided charter vessel or headboat, the bag such limit does not exceed 10. limit is 0. (2) Possession limits. A person who is (iv) Snappers, combined, excluding on a trip that spans more than 24 hours red, lane, and vermilion snapper—10. may possess no more than two daily (v) Gulf reef fish, combined, exclud- bag limits, provided such trip is on a ing those specified in paragraphs (b)(1) vessel that is operating as a charter (i) through (iv) of this section and ex- vessel or headboat, the vessel has two cluding dwarf sand perch and sand licensed operators aboard, and each perch—20. passenger is issued and has in posses- (2) Possession limits. A person who is sion a receipt issued on behalf of the on a trip that spans more than 24 hours vessel that verifies the length of the may possess no more than two daily trip. bag limits, provided such trip is on a (d) South Atlantic snapper-grouper—(1) vessel that is operating as a charter Bag limits. (i) Greater amberjack—1. vessel or headboat, the vessel has two (ii) Groupers, combined, excluding licensed operators aboard, and each jewfish and Nassau grouper, and passenger is issued and has in posses- tilefishes—5. However, within the 5-fish sion a receipt issued on behalf of the vessel that verifies the length of the aggregate bag limit, no more than two trip. fish may be gag or black grouper, com- bined. (c) King and Spanish mackerel—(1) Bag limits. (i) Atlantic migratory group (iii) Hogfish in the South Atlantic off king mackerel— Florida—5. (A) Mid-Atlantic and South Atlantic, (iv) Snappers, combined, excluding other than off Florida—3. cubera snapper measuring 30 inches (B) Off Florida—2, which is the daily (76.2 cm), TL, or larger, in the South bag limit specified by Florida for its Atlantic off Florida, and excluding waters (Rule 46–12.004(1), Florida Ad- vermilion snapper—10, of which no ministrative Code). If Florida changes more than 2 may be red snapper. (See its limit, the bag limit specified in this § 622.32(c)(2) for limitations on cubera paragraph (c)(1)(i)(B) will be changed snapper measuring 30 inches (76.2 cm), to conform to Florida’s limit, provided TL, or larger, in or from the South At- such limit does not exceed 5. lantic EEZ off Florida.) (ii) Gulf migratory group king mack- (v) Vermilion snapper—10. erel—2, except that for an operator or (vi) Red porgy—5. crew member of a charter vessel or (vii) Black sea bass—20. headboat, the bag limit is 0. (viii) South Atlantic snapper-group- (iii) Atlantic migratory group Span- er, combined, excluding tomtate and ish mackerel—10. blue runner and those specified in para- (iv) Gulf migratory group Spanish graphs (d)(1)(i) through (vii) of this sec- mackerel— tion—20.
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(2) Possession limits. Provided each § 622.40 Limitations on traps and pots. passenger is issued and has in posses- (a) Tending—(1) Caribbean EEZ. A fish sion a receipt issued on behalf of the trap or Caribbean spiny lobster trap in vessel that verifies the duration of the the Caribbean EEZ may be pulled or trip— tended only by a person (other than an (i) A person aboard a charter vessel authorized officer) aboard the fish trap or headboat on a trip that spans more or spiny lobster trap owner’s vessel, or than 24 hours may possess no more aboard another vessel if such vessel has than two daily bag limits. on board written consent of the trap (ii) A person aboard a headboat on a owner, or if the trap owner is aboard trip that spans more than 48 hours and and has documentation verifying his who can document that fishing was identification number and color code. conducted on at least 3 days may pos- An owner’s written consent must speci- sess no more than three daily bag lim- fy the time period such consent is ef- its. fective and the trap owner’s gear iden- (3) Longline bag limits. Other provi- tification number and color code. sions of this paragraph (d) notwith- (2) Gulf EEZ. A fish trap in the Gulf standing, a person on a trip aboard a EEZ may be pulled or tended only by a vessel for which the bag limits apply person (other than an authorized offi- that has a longline on board is limited cer) aboard the vessel with the fish on that trip to the bag limit for South trap endorsement to fish such trap. If Atlantic snapper-grouper for which a such vessel has a breakdown that pre- bag limit is specified in paragraph vents it from retrieving its traps, the (d)(1) of this section, and to zero for all owner or operator must immediately other South Atlantic snapper-grouper. notify the nearest NMFS Office of En- For the purpose of this paragraph forcement and must obtain authoriza- (d)(3), a vessel is considered to have a tion for another vessel to retrieve and longline on board when a power-oper- land its traps. The request for such au- ated longline hauler, a cable or thorization must include the requested monofilament of diameter and length effective period for the retrieval and suitable for use in the longline fishery, landing, the persons and vessel to be and gangions are on board. Removal of authorized to retrieve the traps, and any one of these three elements con- the point of landing of the traps. Such stitutes removal of a longline. authorization will be specific as to the (e) Caribbean queen conch—(1) Applica- effective period, authorized persons bility. Paragraph (a)(1) of this section and vessel, and point of landing. Such notwithstanding, the bag limit of para- authorization is valid solely for the re- graph (e)(2) of this section does not moval of fish traps from the EEZ and apply to a fisherman who has a valid for harvest of fish incidental to such commercial fishing license issued by removal. Puerto Rico or the U.S. Virgin Islands. (3) South Atlantic EEZ. A sea bass pot See § 622.44 for the commercial daily or golden crab trap in the South Atlan- trip limit. tic EEZ may be pulled or tended only (2) Bag limit. The bag limit for queen by a person (other than an authorized conch in or from the Caribbean EEZ is officer) aboard the vessel permitted to 3 per person or, if more than 4 persons fish such pot or trap or aboard another are aboard, 12 per boat. vessel if such vessel has on board writ- ten consent of the owner or operator of [61 FR 34934, July 3, 1996, as amended at 61 the vessel so permitted. For golden FR 65483, Dec. 13, 1996; 61 FR 65985, Dec. 16, crab only, a vessel with written con- 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR sent on board must also possess a valid 38303, July 16, 1998; 63 FR 72203, Dec. 31, 1998; commercial vessel permit for golden 64 FR 3628, Jan. 25, 1999; 64 FR 33800, June 24, crab. 1999; 64 FR 45459, Aug. 20, 1999; 64 FR 47713, (b) Escape mechanisms—(1) Caribbean Sept. 1, 1999] EEZ. (i) A fish trap used or possessed in EFFECTIVE DATE NOTE: At 64 FR 48326, the Caribbean EEZ must have a panel Sept. 3, 1999, § 622.39 was amended by sus- located on each of two sides of the pending paragraph (d)(1)(vi), effective Sept. trap, excluding the top, bottom, and 8, 1999, through Mar. 1, 2000. side containing the trap entrance. The
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opening covered by a panel must meas- (3) South Atlantic EEZ. (i) A sea bass ure not less than 8 by 8 inches (20.3 by pot that is used or possessed in the 20.3 cm). The mesh size of a panel may South Atlantic EEZ between 35°15.3′ N. not be smaller than the mesh size of lat. (due east of Cape Hatteras Light, the trap. A panel must be attached to NC) and 28°35.1′ N. lat. (due east of the the trap with untreated jute twine NASA Vehicle Assembly Building, Cape with a diameter not exceeding 1⁄8 inch Canaveral, FL) is required to have— (3.2 mm). An access door may serve as (A) On at least one side, excluding one of the panels, provided it is on an top and bottom, a panel or door with appropriate side, it is hinged only at an opening equal to or larger than the its bottom, its only other fastening is interior end of the trap’s throat (fun- untreated jute twine with a diameter nel). The hinges and fasteners of each not exceeding 1⁄8 inch (3.2 mm), and panel or door must be made of one of such fastening is at the top of the door the following degradable materials: so that the door will fall open when (1) Ungalvanized or uncoated iron such twine degrades. Jute twine used wire with a diameter not exceeding to secure a panel may not be wrapped 0.041 inches (1.0 mm), that is, 19 gauge or overlapped. wire. (ii) A spiny lobster trap used or pos- (2) Galvanic timed-release mecha- sessed in the Caribbean EEZ must con- nisms with a letter grade designation tain on any vertical side or on the top (degradability index) no higher than J. a panel no smaller in diameter than (B) An unobstructed escape vent the throat or entrance of the trap. The opening on at least two opposite panel must be made of or attached to vertical sides, excluding top and bot- the trap by one of the following degrad- tom. The minimum dimensions of an able materials: escape vent opening (based on inside (A) Untreated fiber of biological ori- measurement) are: gin with a diameter not exceeding 1⁄8 (1) 11⁄8 by 53⁄4 inches (2.9 by 14.6 cm) inch (3.2 mm). This includes, but is not for a rectangular vent. limited to tyre palm, hemp, jute, cot- (2) 1.75 by 1.75 inches (4.5 by 4.5 cm) ton, wool, or silk. for a square vent. (B) Ungalvanized or uncoated iron (3) 2.0-inch (5.1-cm) diameter for a wire with a diameter not exceeding 1⁄16 round vent. inch (1.6 mm), that is, 16 gauge wire. (ii) A golden crab trap that is used or (2) Gulf EEZ. A fish trap used or pos- possessed in the South Atlantic EEZ sessed in the Gulf EEZ must have at must have at least one escape gap or least two escape windows on each of escape ring on each of two opposite two sides, excluding the bottom (a vertical sides. The minimum allowable total of four escape windows), that are inside dimensions of an escape gap are 2 by 2 inches (5.1 by 5.1 cm) or larger. 2.75 by 3.75 inches (7.0 by 9.5 cm); the In addition, a fish trap must have a minimum allowable inside diameter of panel or access door located opposite an escape ring is 4.5 inches (11.4 cm). In each side of the trap that has a funnel. addition to the escape gaps— The opening covered by each panel or (A) A golden crab trap constructed of access door must be 144 in2 (929 cm2) or webbing must have an opening (slit) at larger, with one dimension of the area least 1 ft (30.5 cm) long that may be equal to or larger than the largest inte- closed (relaced) only with untreated rior axis of the trap’s throat (funnel) cotton string no larger than 3⁄16 inch with no other dimension less than 6 (0.48 cm) in diameter. inches (15.2 cm). The hinges and fas- (B) A golden crab trap constructed of teners of each panel or access door material other than webbing must have must be constructed of one of the fol- an escape panel or door measuring at lowing degradable materials: least 12 by 12 inches (30.5 by 30.5 cm), (i) Untreated jute string with a di- located on at least one side, excluding ameter not exceeding 3⁄16 inch (4.8 mm) top and bottom. The hinges or fas- that is not wrapped or overlapped. teners of such door or panel must be (ii) Magnesium alloy, time float re- made of either ungalvanized or leases (pop-up devices) or similar mag- uncoated iron wire no larger than 19 nesium alloy fasteners. gauge (0.04 inch (1.0 mm) in diameter)
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or untreated cotton string no larger (d) Area-specific restrictions—(1) Gulf than 3⁄16 inch (4.8 mm) in diameter. EEZ. In the Gulf EEZ, a fish trap may (c) Construction requirements and mesh be pulled or tended only from official sizes—(1) Caribbean EEZ. A bare-wire sunrise to official sunset. The operator fish trap used or possessed in the EEZ of a vessel from which a fish trap is de- that has hexagonal mesh openings ployed in the Gulf EEZ must retrieve must have a minimum mesh size of 1.5 all the vessel’s fish traps and return inches (3.8 cm) in the smallest dimen- them to port on each trip. A fish trap sion measured between centers of oppo- that is not returned to port on a trip, site strands. A bare-wire fish trap used and its attached line and buoy, may be or possessed in the EEZ that has other disposed of in any appropriate manner than hexagonal mesh openings or a fish by the Assistant Administrator or an trap of other than bare wire, such as authorized officer. The owner of such coated wire or plastic, used or pos- trap and/or the operator of the respon- sessed in the EEZ, must have a min- sible vessel is subject to appropriate imum mesh size of 2.0 inches (5.1 cm) in civil penalties. A buoy that floats on the smallest dimension measured be- the surface must be attached to each tween centers of opposite strands. fish trap, or to each end trap of traps (2) Gulf EEZ. A fish trap used or pos- that are connected by a line, used in sessed in the Gulf EEZ must meet all of the Gulf EEZ. The maximum allowable the following mesh size requirements size for a fish trap fished in the Gulf (based on centerline measurements be- EEZ shoreward of the 50-fathom (91.4- tween opposite wires or netting m) isobath is 33 ft3 (0.9 m3) in volume. strands): Fish trap volume is determined by (i) A minimum of 2 in2 (12.9 cm2) measuring the external dimensions of opening for each mesh. the trap, and includes both the en- (ii) One-inch (2.5-cm) minimum closed holding capacity of the trap and length for the shortest side. the volume of the funnel(s) within (iii) Minimum distance of 1 inch (2.5 those dimensions. There is no size limi- cm) between parallel sides of rectan- tation for fish traps fished seaward of gular openings, and 1.5 inches (3.8 cm) the 50-fathom (91.4-m) isobath. The between parallel sides of square open- maximum number of traps that may be ings and of mesh openings with more assigned to, possessed, or fished in the than four sides. Gulf EEZ by a vessel is 100. (iv) One and nine-tenths inches (4.8 (2) South Atlantic EEZ. (i) In the cm) minimum distance for diagonal South Atlantic EEZ, sea bass pots may measures of mesh. not be used or possessed in multiple (3) South Atlantic EEZ. (i) A sea bass configurations, that is, two or more pot used or possessed in the South At- pots may not be attached one to an- lantic EEZ must have mesh sizes as fol- other so that their overall dimensions lows (based on centerline measure- exceed those allowed for an individual ments between opposite, parallel wires sea bass pot. This does not preclude or netting strands): connecting individual pots to a line, (A) Hexagonal mesh (chicken wire)— such as a ‘‘trawl’’ or trot line. at least 1.5 inches (3.8 cm) between the wrapped sides; (ii) Rope is the only material allowed (B) Square mesh—at least 1.5 inches to be used for a buoy line or mainline (3.8 cm) between sides; or attached to a golden crab trap, except (C) Rectangular mesh—at least 1 inch that wire cable is allowed for a main- (2.5 cm) between the longer sides and 2 line through December 31, 2000. inches (5.1 cm) between the shorter [61 FR 34934, July 3, 1996, as amended at 61 sides. FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, (ii) A golden crab trap deployed or 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, possessed in the South Atlantic EEZ July 16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR may not exceed 64 ft3 (1.8 m3) in volume 3628, Jan. 25, 1999] in the northern zone or 48 ft3 (1.4 m3) in volume in the middle and southern § 622.41 Species specific limitations. zones. See § 622.17(b) for specification of (a) Aquacultured live rock. In the Gulf the golden crab zones. or South Atlantic EEZ:
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(1) Aquacultured live rock may be aquacultured live rock is in possession. harvested only under a permit, as re- See the definition of ‘‘Allowable quired under § 622.4(a)(3)(iii), and octocoral’’ for clarification of the dis- aquacultured live rock on a site may be tinction between allowable octocoral harvested only by the person, or his or and live rock. For the purposes of this her employee, contractor, or agent, paragraph (a)(3), chipping means who has been issued the aquacultured breaking up reefs, ledges, or rocks into live rock permit for the site. A person fragments, usually by means of a chisel harvesting aquacultured live rock is and hammer. exempt from the prohibition on taking (4) Not less than 24 hours prior to prohibited coral for such prohibited harvest of aquacultured live rock, the coral as attaches to aquacultured live owner or operator of the harvesting rock. vessel must provide the following in- (2) The following restrictions apply formation to the NMFS Law Enforce- to individual aquaculture activities: ment Office, Southeast Area, St. Pe- (i) No aquaculture site may exceed 1 tersburg, FL, telephone (813) 570–5344: acre (0.4 ha) in size. (i) Permit number of site to be har- (ii) Material deposited on the aqua- vested and date of harvest. culture site— (A) May not be placed over naturally (ii) Name and official number of the occurring reef outcrops, limestone vessel to be used in harvesting. ledges, coral reefs, or vegetated areas. (iii) Date, port, and facility at which (B) Must be free of contaminants. aquacultured live rock will be landed. (C) Must be nontoxic. (b) Caribbean reef fish. A marine (D) Must be placed on the site by aquarium fish may be harvested in the hand or lowered completely to the bot- Caribbean EEZ only by a hand-held dip tom under restraint, that is, not al- net or by a hand-held slurp gun. For lowed to fall freely. the purposes of this paragraph, a hand- (E) Must be placed from a vessel that held slurp gun is a device that rapidly is anchored. draws seawater containing fish into a (F) In the Gulf EEZ, must be distin- self-contained chamber, and a marine guishable, geologically or otherwise aquarium fish is a Caribbean reef fish (for example, be indelibly marked or that is smaller than 5.5 inches (14.0 tagged), from the naturally occurring cm), TL. substrate. (c) Coastal migratory pelagic fish—(1) (G) In the South Atlantic EEZ, must Authorized gear. Subject to the prohibi- be geologically distinguishable from tions on gear/methods specified in the naturally occurring substrate and, § 622.31, the following are the only fish- in addition, may be indelibly marked ing gears that may be used in the Gulf, or tagged. Mid-Atlantic, and South Atlantic EEZ (iii) A minimum setback of at least in directed fisheries for coastal migra- 50 ft (15.2 m) must be maintained from tory pelagic fish: natural vegetated or hard bottom habi- (i) King mackerel, Atlantic migra- tats. tory group— (3) Mechanically dredging or drilling, (A) North of 34°37.3’ N. lat., the lati- or otherwise disturbing, aquacultured tude of Cape Lookout Light, NC—all live rock is prohibited, and gear except drift gillnet and long aquacultured live rock may be har- vested only by hand. In addition, the gillnet. ° following activities are prohibited in (B) South of 34 37.3’ N. lat.—auto- the South Atlantic: Chipping of matic reel, bandit gear, handline, and aquacultured live rock in the EEZ, pos- rod and reel. session of chipped aquacultured live (ii) King mackerel, Gulf migratory rock in or from the EEZ, removal of al- group—hook-and-line gear and run- lowable octocoral or prohibited coral around gillnet. from aquacultured live rock in or from (iii) Spanish mackerel, Atlantic mi- the EEZ, and possession of prohibited gratory group—automatic reel, bandit coral not attached to aquacultured live gear, handline, rod and reel, cast net, rock or allowable octocoral, while run-around gillnet, and stab net.
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(iv) Spanish mackerel, Gulf migra- following applies to a vessel that has a tory group—all gear except drift commercial permit for king mackerel: gillnet, long gillnet, and purse seine. (A) Such vessel may use in the Gulf (v) Cobia in the Mid-Atlantic and EEZ no unauthorized gear in a directed South Atlantic EEZ, dolphin in the fishery for king mackerel. South Atlantic EEZ, and little tunny (B) If such a vessel has a drift gillnet in the South Atlantic EEZ south of or a long gillnet on board, no king 34°37.3’ N. lat.—automatic reel, bandit mackerel may be possessed. gear, handline, rod and reel, and pe- (C) If such a vessel has unauthorized lagic longline. gear on board other than a drift gillnet (vi) Cero in the South Atlantic EEZ in the Gulf EEZ or a long gillnet, the and little tunny in the South Atlantic possession of king mackerel taken inci- ° EEZ north of 34 37.3’ N. lat.—all gear dentally is restricted only by the clo- except drift gillnet and long gillnet. sure provisions of § 622.43(a)(3) and the (vii) Bluefish, cero, cobia, dolphin, trip limits specified in § 622.44(a). See and little tunny in the Gulf EEZ—all also paragraph (c)(4) of this section re- gear except drift gillnet and long garding the purse seine incidental gillnet. catch allowance of king mackerel. (2) Unauthorized gear. Gear types (3) Gillnets—(i) King mackerel. The other than those specified in paragraph minimum allowable mesh size for a (c)(1) of this section are unauthorized gillnet used to fish in the Gulf, Mid-At- gear and the following possession limi- lantic, or South Atlantic EEZ for king tations apply: mackerel is 4.75 inches (12.1 cm), (i) Long gillnets. A vessel with a long gillnet on board in, or that has fished stretched mesh. A vessel in such EEZ, on a trip in, the Gulf, Mid-Atlantic, or or having fished on a trip in such EEZ, South Atlantic EEZ may not have on with a gillnet on board that has a mesh board on that trip a coastal migratory size less than 4.75 (12.1 cm) inches, pelagic fish. stretched mesh, may not possess on (ii) Drift gillnets. A vessel with a drift that trip an incidental catch of king gillnet on board in, or that has fished mackerel that exceeds 10 percent, by on a trip in, the Gulf EEZ may not number, of the total lawfully possessed have on board on that trip a coastal Spanish mackerel on board. migratory pelagic fish. (ii) Spanish mackerel. (A) The min- (iii) Other unauthorized gear. Except imum allowable mesh size for a gillnet as specified in paragraph (c)(2)(iv) of used to fish for Spanish mackerel in this section, a person aboard a vessel the Gulf, Mid-Atlantic, or South Atlan- with unauthorized gear other than a tic EEZ is 3.5 inches (8.9 cm), stretched drift gillnet in the Gulf EEZ or a long mesh. gillnet on board in, or that has fished (1) A vessel in the Gulf EEZ, or hav- in, the EEZ where such gear is not au- ing fished on a trip in the Gulf EEZ, thorized in paragraph (c)(1) of this sec- with a gillnet on board that has a mesh tion, is subject to the bag limit for size less than 3.5 inches (8.9 cm), king and Spanish mackerel specified in stretched mesh, may not possess on § 622.39(c)(1)(ii) and to the limit on that trip any Spanish mackerel. cobia specified in § 622.32(c)(1). (2) A vessel in the South Atlantic or (iv) Exception for king mackerel in the Mid-Atlantic EEZ, or having fished on Gulf EEZ. The provisions of this para- a trip in such EEZ, with a gillnet on graph (c)(2)(iv) apply to king mackerel board that has a mesh size less than 3.5 taken in the Gulf EEZ and to such king inches (8.9 cm), stretched mesh, may mackerel possessed in the Gulf. Para- possess or land on the day of that trip graph (c)(2)(iii) of this section notwith- no more than 500 lb (227 kg) of inciden- standing, a person aboard a vessel that tally caught Spanish mackerel. has a valid commercial permit for king (B) On board a vessel with a valid mackerel is not subject to the bag Spanish mackerel permit that is fish- limit for king mackerel when the ves- ing for Spanish mackerel in, or that sel has on board on a trip unauthorized possesses Spanish mackerel in or from, gear other than a drift gillnet in the the South Atlantic EEZ off Florida Gulf EEZ or a long gillnet. Thus, the north of 25°20.4’ N. lat., which is a line
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directly east from the Dade/Monroe (d) South Atlantic snapper-grouper—(1) County, FL, boundary— Authorized gear. Subject to the gear re- (1) No person may fish with, set, strictions specified in § 622.31, the fol- place in the water, or have on board a lowing are the only gear types author- gillnet with a float line longer than 800 ized in a directed fishery for snapper- yd (732 m). grouper in the South Atlantic EEZ: (2) No person may fish with, set, or Bandit gear, bottom longline, buoy place in the water more than one gear, handline, rod and reel, sea bass gillnet at any one time. pot, and spearfishing gear. (3) No more than two gillnets, includ- (2) Unauthorized gear. All gear types ing any net in use, may be possessed at other than those specified in paragraph any one time; provided, however, that (d)(1) of this section are unauthorized if two gillnets, including any net in gear and the following possession and use, are possessed at any one time, transfer limitations apply. they must have stretched mesh sizes (i) A vessel with trawl gear on board (as allowed under the regulations) that that fishes in the EEZ on a trip may differ by at least .25 inch (.64 cm). possess no more than 200 lb (90.7 kg) of (4) No person may soak a gillnet for South Atlantic snapper-grouper, ex- more than 1 hour. The soak period be- cluding wreckfish, in or from the EEZ gins when the first mesh is placed in on that trip. It is a rebuttable pre- the water and ends either when the sumption that a vessel with more than first mesh is retrieved back on board 200 lb (90.7 kg) of South Atlantic snap- the vessel or the gathering of the per-grouper, excluding wreckfish, on gillnet is begun to facilitate retrieval board harvested such fish in the EEZ. on board the vessel, whichever occurs (ii) Except as specified in paragraphs first; providing that, once the first (d)(3) through (d)(5) of this section, a mesh is retrieved or the gathering is person aboard a vessel with unauthor- begun, the retrieval is continuous until ized gear on board, other than trawl the gillnet is completely removed from gear, that fishes in the EEZ on a trip is the water. limited on that trip to: (5) The float line of each gillnet pos- (A) South Atlantic snapper-grouper sessed, including any net in use, must species for which a bag limit is speci- have the distinctive floats specified in fied in § 622.39(d)(1)—the bag limit. § 622.6(b)(2). (B) All other South Atlantic snapper- (4) Purse seine incidental catch allow- grouper—zero. ance. A vessel in the EEZ, or having (iii) South Atlantic snapper-grouper fished in the EEZ, with a purse seine on board a vessel with unauthorized on board will not be considered as fish- gear on board may not be transferred ing, or having fished, for king or Span- at sea, regardless of where such trans- ish mackerel in violation of a prohibi- fer takes place, and such snapper- tion of purse seines under paragraph grouper may not be transferred in the (c)(2) of this section, in violation of the EEZ. possession limits under paragraph (iv) No vessel may receive at sea any (c)(2)(iii) of this section, or, in the case South Atlantic snapper-grouper from a of king mackerel from the Atlantic mi- vessel with unauthorized gear on gratory group, in violation of a closure board, as specified in paragraph effected in accordance with § 622.43(a), (d)(2)(iii) of this section. provided the king mackerel on board (3) Possession allowance regarding sink does not exceed 1 percent, or the Span- nets off North Carolina. A vessel that ish mackerel on board does not exceed has on board a commercial permit for 10 percent, of all fish on board the ves- South Atlantic snapper-grouper, ex- sel. Incidental catch will be calculated cluding wreckfish, that fishes in the by number and/or weight of fish. Nei- EEZ off North Carolina with a sink net ther calculation may exceed the allow- on board, may retain, without regard able percentage. Incidentally caught to the limits specified in paragraph king or Spanish mackerel are counted (d)(2)(ii) of this section, otherwise legal toward the quotas provided for under South Atlantic snapper-grouper taken § 622.42(c) and are subject to the prohi- with bandit gear, buoy gear, handline, bition of sale under § 622.43(a)(3)(iii). rod and reel, or sea bass pot. For the
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purpose of this paragraph (d)(3), a sink three elements constitutes removal of net is a gillnet with stretched mesh a longline. measurements of 3 to 4.75 inches (7.6 to (e) South Atlantic golden crab. Traps 12.1 cm) that is attached to the vessel are the only fishing gear authorized in when deployed. directed fishing for golden crab in the (4) Possession allowance regarding bait South Atlantic EEZ. Golden crab in or nets. A vessel that has on board a com- from the South Atlantic EEZ may not mercial permit for South Atlantic be retained on board a vessel pos- snapper-grouper, excluding wreckfish, sessing or using unauthorized gear. that fishes in the South Atlantic EEZ (f) Caribbean queen conch. In the Car- with no more than one bait net on ibbean EEZ, no person may harvest board, may retain, without regard to queen conch by diving while using a de- the limits specified in paragraph vice that provides a continuous air sup- (d)(2)(ii) of this section, otherwise legal ply from the surface. South Atlantic snapper-grouper taken (g) Shrimp in the South Atlantic—(1) with bandit gear, buoy gear, handline, BRD requirement. Except as exempted rod and reel, or sea bass pot. For the in paragraph (g)(3)(ii) of this section, purpose of this paragraph (d)(4), a bait on a penaeid shrimp trawler in the net is a gillnet not exceeding 50 ft (15.2 South Atlantic EEZ, each trawl net m) in length or 10 ft (3.1 m) in height that is rigged for fishing and has a with stretched mesh measurements of mesh size less than 2.50 inches (6.35 1.5 inches (3.8 cm) or smaller that is at- cm), as measured between the centers of opposite knots when pulled taut, and tached to the vessel when deployed. each try net that is rigged for fishing (5) Possession allowance regarding cast and has a headrope length longer than . A vessel that has on board a com- nets 16.0 ft (4.9 m), must have a certified mercial permit for South Atlantic BRD installed. A trawl net, or try net, snapper-grouper, excluding wreckfish, is rigged for fishing if it is in the that fishes in the South Atlantic EEZ water, or if it is shackled, tied, or oth- with a cast net on board, may retain, erwise connected to a sled, door, or without regard to the limits specified other device that spreads the net, or to in paragraph (d)(2)(ii) of this section, a tow rope, cable, pole, or extension, ei- otherwise legal South Atlantic snap- ther on board or attached to a shrimp per-grouper taken with bandit gear, trawler. buoy gear, handline, rod and reel, or (2) Certified BRDs. The following sea bass pot. For the purpose of this BRDs are certified for use by penaeid paragraph (d)(5), a cast net is a cone- shrimp trawlers in the South Atlantic shaped net thrown by hand and de- EEZ. Specifications of these certified signed to spread out and capture fish as BRDs are contained in Appendix D of the weighted circumference sinks to this part. the bottom and comes together when (i) Extended funnel. pulled by a line. (ii) Expanded mesh. (6) Longline species limitation. A vessel (iii) Fisheye. that has on board a valid Federal com- (3) Certification of BRDs—(i) A person mercial permit for South Atlantic who seeks to have a BRD certified for snapper-grouper, excluding wreckfish, use in the South Atlantic EEZ must that fishes in the EEZ on a trip with a submit an application to test such longline on board, may possess only BRD, conduct the testing, and submit the following South Atlantic snapper- to the RD the results of the test con- grouper: snowy grouper, warsaw group- ducted and recorded in accordance with er, yellowedge grouper, misty grouper, the Testing Protocol for BRD Certifi- golden tilefish, blueline tilefish, and cation, which along with forms and sand tilefish. For the purpose of this procedures, is included in the Bycatch paragraph, a vessel is considered to Reduction Device Testing Protocol Man- have a longline on board when a power- ual which is available from the operated longline hauler, a cable of di- SAFMC, One Southpark Circle, Suite ameter suitable for use in the longline 306, Charleston, SC 29407–4699, and from fishery on any reel, and gangions are the RD. A BRD that meets the certifi- on board. Removal of any one of these cation criterion, as determined under
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the Testing Protocol for BRD Certifi- obstruction while being towed; and has cation, will be added to the list of cer- no doors, boards, or similar devices at- tified BRDs in paragraph (g)(2) of this tached to keep the mouth of the trawl section. open. (ii) A penaeid shrimp trawler that is (2) Certified BRDs. The following authorized to test a BRD in the EEZ BRDs are certified for use by shrimp for possible certification, has such trawlers in the Gulf EEZ. Specifica- written authorization on board, and is tions of these certified BRDs are con- conducting such test in accordance tained in Appendix D to this part. with the Testing Protocol for BRD Cer- (i) Fisheye. tification is granted a limited exemp- (ii) Gulf fisheye. tion from the BRD requirement speci- (iii) Jones-Davis. fied in paragraph (g)(1) of this section. (3) Procedures for certification of addi- The exemption from the BRD require- tional BRDs. The process for the certifi- ment is limited to those trawls that cation of additional BRDs consists of are being used in the certification trials. All other trawls rigged for fish- two phases—an optional pre-certifi- ing must be equipped with certified cation phase and a required certifi- BRDs. cation phase. (h) Shrimp in the Gulf—(1) BRD re- (i) Pre-certification. The pre-certifi- quirement. (i) Except as exempted in cation phase allows a person to test paragraphs (h)(1)(ii) through (iv) and and evaluate a new BRD design for up paragraph (h)(3)(iii) of this section, on to 60 days without being subject to the a shrimp trawler in the Gulf EEZ observer requirements and rigorous shoreward of the 100-fathom (183-m) testing requirements specified for cer- depth contour west of 85°30’ W. long., tification testing in the Gulf Of Mexico each net that is rigged for fishing must Bycatch Reduction Device Testing Pro- have a certified BRD installed. A trawl tocol Manual. net is rigged for fishing if it is in the (A) A person who wants to conduct water, or if it is shackled, tied, or oth- pre-certification phase testing must erwise connected to a sled, door, or submit an application, as specified in other device that spreads the net, or to the Gulf Of Mexico Bycatch Reduction a tow rope, cable, pole, or extension, ei- Device Testing Protocol Manual, to the ther on board or attached to a shrimp RD. The Gulf Of Mexico Bycatch Reduc- trawler. tion Device Testing Protocol Manual, (ii) A shrimp trawler is exempt from which is available from the RD, upon the requirement to have a certified request, contains the application BRD installed in each net provided forms. that at least 90 percent (by weight) of (B) After reviewing the application, all shrimp on board or offloaded from the RD will determine whether to issue such trawler are royal red shrimp. a letter of authorization (LOA) to con- (iii) A shrimp trawler is exempt from duct pre-certification trials upon the the requirement to have a BRD in- vessel specified in the application. The stalled in a single try net with a RD will issue a pre-certification phase headrope length of 16 ft (4.9 m) or less LOA if the BRD design is substantially provided the single try net is either unlike any BRD design previously de- pulled immediately in front of another termined not to meet the BRD certifi- net or is not connected to another net. cation criterion or, if the design is sub- (iv) A shrimp trawler is exempt from stantially similar to a BRD design pre- the requirement to have a certified viously determined not to meet the BRD installed in up to two rigid-frame BRD certification criteria, and the ap- roller trawls that are 16 ft (4.9 m) or plication demonstrates that the design less in length used or possessed on could meet the certification criterion board. A rigid-frame roller trawl is a through design revision or upon re- trawl that has a mouth formed by a testing (e.g., the application shows rigid frame and a grid of rigid vertical that statistical results could be im- bars; has rollers on the lower hori- proved upon retesting by such things zontal part of the frame to allow the as using a larger sample size than that trawl to roll over the bottom and any previously used). If the RD authorizes
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pre-certification, the RD’s letter of au- BRD requirement specified in para- thorization must be on board the vessel graph (h)(1) of this section. The exemp- during any trip involving the BRD tion from the BRD requirement is lim- testing. ited to those trawls that are being used (ii) Certification. A person who pro- in the certification trials. All other poses a BRD for certification for use in trawls rigged for fishing must be the Gulf EEZ must submit an applica- equipped with certified BRDs. tion to test such BRD, conduct the [61 FR 34934, July 3, 1996, as amended at 61 testing, and submit the results of the FR 43959, Aug. 27, 1996; 61 FR 65484, Dec. 13, test in accordance with the Gulf Of 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10568, Mexico Bycatch Reduction Device Testing Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 63 FR Protocol Manual. The RD will issue a 38303, July 16, 1998; 64 FR 3628, Jan. 25, 1999; LOA to conduct certification trials 64 FR 36781, July 8, 1999; 64 FR 37694, July 13, upon the vessel specified in the appli- 1999; 64 FR 43941, Aug. 12, 1999; 64 FR 45459, cation if the RD finds that: The test Aug. 20, 1999; 64 FR 52428, Sept. 29, 1999] plan meets the requirements of the protocol; the observer identified in the § 622.42 Quotas. application is qualified and has no cur- Quotas apply for the fishing year for rent or prior financial relationship each species or species group. Except with the entity seeking BRD certifi- for the quotas for Gulf and South At- cation; the application presents a BRD lantic coral, the quotas include species candidate substantially unlike BRDs harvested from state waters adjoining previously determined not to meet the the EEZ. Quotas for species managed current bycatch reduction criterion, or under this part are as follows. (See the applicant has shown good cause for § 622.32 for limitations on taking pro- reconsideration (such as the likelihood hibited and limited-harvest species. of improved statistical results yielded The limitations in § 622.32 apply with- from a larger sample size than that out regard to whether the species is previously used); and for BRDs not pre- harvested by a vessel operating under a viously tested for certification, the re- commercial vessel permit or by a per- sults of any pre-certification trials son subject to the bag limits.) conducted have been reviewed and (a) Gulf reef fish—(1) Commercial deemed to indicate a reasonable sci- quotas. The following quotas apply to entific basis for conducting certifi- persons who fish under commercial ves- cation testing. If authorization to con- sel permits for Gulf reef fish, as re- duct certification trials is denied, the quired under § 622.4(a)(2)(v). RD will provide a letter of explanation (i) Red snapper—4.65 million lb (2.11 to the applicant, together with rel- million kg), round weight, apportioned evant recommendations to address the as follows: deficiencies resulting in the denial. If a (A) 3.06 million lb (1.39 million kg) BRD meets the certification criterion, available at noon on February 1 each as determined under the testing pro- year, subject to the closure provisions tocol, NMFS will publish a notice in of §§ 622.34(l) and 622.43(a)(1)(i). the FEDERAL REGISTER adding the BRD (B) The remainder available at noon to the list of certified BRDs in para- on September 1 each year, subject to graph (h)(2) of this section providing the closure provisions of §§ 622.34(l) and the specifications for the newly cer- 622.43(a)(1)(i). tified BRD, including any special con- (ii) Deep-water groupers (i.e., ditions deemed appropriate based on yellowedge grouper, misty grouper, the certification testing results. warsaw grouper, snowy grouper, and (iii) A shrimp trawler that is author- speckled hind), and, after the quota for ized to participate in the pre-certifi- shallow-water grouper is reached, cation phase or to test a BRD in the scamp, combined—1.60 million lb (0.73 EEZ for possible certification has such million kg), round weight. written authorization on board and is (iii) Shallow-water groupers (i.e., all conducting such test in accordance groupers other than deep-water with the Gulf Of Mexico Bycatch Reduc- groupers, jewfish, and Nassau grouper), tion Device Testing Protocol Manual is including scamp before the quota for granted a limited exemption from the shallow-water groupers is reached,
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combined—9.80 million lb (4.45 million further divided into quotas by gear kg), round weight. types as follows: (2) Recreational quota for red snapper. (i) 585,000 lb (265,352 kg) for vessels The following quota applies to persons fishing with hook-and-line gear. who harvest red snapper other than (ii) 585,000 lb (265,352 kg) for vessels under commercial vessel permits for fishing with run-around gillnets. Gulf reef fish and the commercial (3) The Florida east coast subzone is quota specified in paragraph (a)(1)(i) of that part of the eastern zone north of this section—4.47 million lb (2.03 mil- 25°20.4’ N. lat., which is a line directly lion kg), round weight. east from the Dade/Monroe County, (3) Shallow-water groupers, that is, FL, boundary, and the Florida west all groupers other than deep-water coast subzone is that part of the east- groupers, jewfish, and Nassau grouper, ° including scamp before the quota for ern zone south and west of 25 20.4’ N. shallow-water groupers is reached, lat. combined—9.8 million lb (4.4 million (B) Western zone—1.05 million lb (0.48 kg), round weight. million kg). (b) Gulf and South Atlantic coral—(1) (ii) Atlantic migratory group. The Allowable octocoral. The quota for all quota for the Atlantic migratory group persons who harvest allowable of king mackerel is 3.12 million lb (1.42 octocoral in the Gulf and South Atlan- million kg). No more than 0.40 million tic EEZ is 50,000 colonies. A colony is a lb (0.18 million kg) may be harvested continuous group of coral polyps form- by purse seines. ing a single unit. (2) Migratory groups of Spanish mack- (2) Wild live rock in the Gulf. The erel—(i) Gulf migratory group. The quota for all persons who harvest wild quota for the Gulf migratory group of live rock in the Gulf EEZ is 500,000 lb Spanish mackerel is 3.99 million lb (1.81 (226,796 kg). Commencing with the fish- million kg). ing year that begins January 1, 1997, (ii) Atlantic migratory group. The the quota is zero. quota for the Atlantic migratory group (c) King and Spanish mackerel. King of Spanish mackerel is 3.63 million lb and Spanish mackerel quotas apply to (1.65 million kg). persons who fish under commercial ves- (d) Royal red shrimp in the Gulf. The sel permits for king or Spanish mack- erel, as required under § 622.4(a)(2)(iii) quota for all persons who harvest royal or (iv). A fish is counted against the red shrimp in the Gulf is 392,000 lb quota for the area where it is caught (177.8 mt), tail weight. when it is first sold. (e) South Atlantic snapper-grouper, ex- (1) Migratory groups of king mackerel— cluding wreckfish. The quotas apply to (i) Gulf migratory group. The quota for persons who are not subject to the bag the Gulf migratory group of king limits. (See § 622.39(a)(1) for applica- mackerel is 3.39 million lb (1.54 million bility of the bag limits.) kg). The Gulf migratory group is di- (1) Snowy grouper—344,508 lb (156,266 vided into eastern and western zones kg), gutted weight, that is, eviscerated separated by 87°31’06’’ W. long., which but otherwise whole. is a line directly south from the Ala- (2) Golden tilefish—1,001,663 lb (454,347 bama/Florida boundary. Quotas for the kg), gutted weight, that is, eviscerated eastern and western zones are as fol- but otherwise whole. lows: (3) Greater amberjack—1,169,931 lb (A) Eastern zone—2.34 million lb (1.06 (530,672 kg), gutted weight, that is, million kg), which is further divided eviscerated but otherwise whole. into quotas as follows: (f) Wreckfish. The quota for wreckfish (1) Florida east coast subzone—1.17 mil- applies to wreckfish shareholders, or lion lb (0.53 million kg). their employees, contractors, or (2) Florida west coast subzone—1.17 agents, and is 2 million lb (907,185 kg), million lb (0.53 million kg), which is
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round weight. See § 622.15 for informa- (a)(3) do not apply to Atlantic migra- tion on the wreckfish shareholder tory group Spanish mackerel, which under the ITQ system. are managed under the commercial trip limits specified in § 622.44(b) in lieu [61 FR 34934, July 3, 1996, as amended at 61 FR 48643, Sept. 16, 1996; 62 FR 13988, Mar. 25, of the closure provisions of this sec- 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, tion. Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR (i) A person aboard a vessel for which 8356, Feb. 19, 1998; 63 FR 10569, Mar. 4, 1998; 64 a commercial permit for king or Span- FR 3629, Jan. 25, 1999; 64 FR 45459, Aug. 20, ish mackerel has been issued, as re- 1999] quired under § 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mack- § 622.43 Closures. erel in the EEZ or retain king or Span- (a) General. When a quota specified in ish mackerel in or from the EEZ under § 622.42 is reached, or is projected to be a bag or possession limit specified in reached, the Assistant Administrator § 622.39(c) for the closed species, migra- will file a notification to that effect tory group, zone, subzone, or gear, ex- with the Office of the Federal Register. cept as provided for under paragraph On and after the effective date of such (a)(3)(ii) of this section. notification, for the remainder of the (ii) A person aboard a vessel for fishing year, the following closure re- which the permit indicates both char- strictions apply: ter vessel/headboat for coastal migra- (1) Gulf reef fish—(i) Commercial tory pelagic fish and commercial king quotas. The bag and possession limits or Spanish mackerel may continue to specified in § 622.39(b) apply to all har- retain fish under a bag and possession vest or possession in or from the Gulf limit specified in § 622.39(c), provided EEZ of the indicated species, and the the vessel is operating as a charter ves- sale or purchase of the indicated spe- sel or headboat. cies taken from the Gulf EEZ is prohib- (iii) The sale or purchase of king or ited. In addition, the bag and posses- Spanish mackerel of the closed species, sion limits for red snapper apply on migratory group, zone, subzone, or gear board a vessel for which a commercial type is prohibited, including such king permit for Gulf reef fish has been or Spanish mackerel taken under the issued, as required under § 622.4(a)(2)(v), bag limits. without regard to where such red snap- (4) Royal red shrimp in the Gulf. Royal per were harvested. However, the bag red shrimp in or from the Gulf EEZ and possession limits for red snapper may not be retained, and the sale or apply only when the recreational quota purchase of royal red shrimp taken for red snapper has not been reached from the Gulf EEZ is prohibited. and the bag and possession limit has (5) South Atlantic snapper-grouper, ex- not been reduced to zero under para- cluding wreckfish—(i) Greater amberjack. graph (a)(1)(ii) of this section. The bag limit specified in (ii) Recreational quota for red snapper. § 622.39(d)(1)(i) and the possession limits The bag and possession limit for red specified in § 622.39(d)(2) apply to all snapper in or from the Gulf EEZ is harvest or possession of greater zero. amberjack in or from the South Atlan- (2) Gulf and South Atlantic coral—(i) tic EEZ, and the sale or purchase of Allowable octocoral. Allowable octocoral greater amberjack taken from the EEZ may not be harvested or possessed in is prohibited. In addition, the bag and the Gulf or South Atlantic EEZ and possession limits for greater amberjack the sale or purchase of allowable and the prohibition on sale/purchase octocoral in or from the Gulf or South apply in the South Atlantic on board a Atlantic EEZ is prohibited. vessel for which a valid Federal com- (ii) Wild live rock in the Gulf. Wild live mercial or charter vessel/headboat per- rock may not be harvested or possessed mit for South Atlantic snapper-grouper in the Gulf EEZ and the sale or pur- has been issued, without regard to chase of wild live rock in or from the where such greater amberjack were Gulf EEZ is prohibited. harvested. (3) King and Spanish mackerel. The (ii) Golden tilefish and snowy grouper. closure provisions of this paragraph Golden tilefish and snowy grouper, for
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which there are quotas, are managed place, and such species may not be under the commercial trip limits speci- transferred in the EEZ. For fisheries fied in § 622.44(c) in lieu of the closure governed by this part, commercial trip provisions of this section. limits apply as follows (all weights are (6) Wreckfish. Wreckfish in or from round or eviscerated weights): the South Atlantic EEZ may not be re- (a) King mackerel—(1) Atlantic group. tained, and the sale or purchase of The following trip limits apply to ves- wreckfish taken from the South Atlan- sels for which commercial permits for tic EEZ is prohibited. king mackerel have been issued, as re- (b) Exception to prohibition on sale/pur- quired under § 622.4(a)(2)(iii): chase. (1) The prohibition on sale/pur- (i) North of 29°25’ N. lat., which is a chase during a closure for Gulf reef line directly east from the Flagler/ fish, king and Spanish mackerel, royal Volusia County, FL, boundary, king red shrimp, greater amberjack, or mackerel in or from the EEZ may not wreckfish in paragraphs (a)(1), be possessed on board or landed from a (a)(3)(iii), (a)(4), (a)(5)(i), or (a)(6) of vessel in a day in amounts exceeding this section does not apply to the indi- 3,500 lb (1,588 kg). cated species that were harvested, (ii) In the area between 29°25’ N. lat. landed ashore, and sold prior to the ef- and 28°47.8’ N. lat., which is a line di- fective date of the closure and were rectly east from the Volusia/Brevard held in cold storage by a dealer or proc- County, FL, boundary, king mackerel essor. in or from the EEZ may not be pos- (2) The prohibition on sale/purchase sessed on board or landed from a vessel during a closure for allowable in a day in amounts exceeding 3,500 lb octocoral or wild live rock in para- (1,588 kg) from April 1 through October graph (a)(2)(i) or (a)(2)(ii) of this sec- 31. tion does not apply to allowable (iii) In the area between 28°47.8’ N. octocoral or wild live rock that was lat. and 25°20.4’ N. lat., which is a line harvested and landed ashore prior to directly east from the Dade/Monroe the effective date of the closure. County, FL, boundary, king mackerel (c) Reopening. When a fishery has in or from the EEZ may not be pos- been closed based on a projection of the sessed on board or landed from a vessel quota specified in § 622.42 being reached in a day in amounts exceeding 50 fish and subsequent data indicate that the from April 1 through October 31. quota was not reached, the Assistant (iv) In the area between 25°20.4’ N. Administrator may file a notification lat. and 25°48’ N. lat., which is a line di- to that effect with the Office of the rectly west from the Monroe/Collier Federal Register. Such notification County, FL, boundary, king mackerel may reopen the fishery to provide an in or from the EEZ may not be pos- opportunity for the quota to be sessed on board or landed from a vessel reached. in a day in amounts exceeding 1,250 lb [61 FR 34934, July 3, 1996, as amended at 62 (567 kg) from April 1 through October FR 13988, Mar. 25, 1997; 62 FR 46679, Sept. 4, 31. 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, (2) Gulf group. Commercial trip limits Mar. 4, 1998; 64 FR 3629, Jan. 25, 1999] are established in the eastern and west- ern zones as follows. (See § 622.42(c)(1)(i) § 622.44 Commercial trip limits. for specification of the eastern and Commercial trip limits are limits on western zones and § 622.42(c)(1)(i)(A)(3) the amount of the applicable species for specifications of the subzones in the that may be possessed on board or eastern zone.) landed, purchased, or sold from a vessel (i) Eastern zone—Florida east coast per day. A person who fishes in the subzone. In the Florida east coast EEZ may not combine a trip limit subzone, king mackerel in or from the specified in this section with any trip EEZ may be possessed on board or or possession limit applicable to state landed from a vessel for which a com- waters. A species subject to a trip limit mercial permit for king mackerel has specified in this section taken in the been issued, as required under EEZ may not be transferred at sea, re- § 622.4(a)(2)(iii), from November 1 each gardless of where such transfer takes fishing year until the subzone’s fishing
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year quota of king mackerel has been (iii) Notice of trip limit changes. The harvested or until March 31, whichever Assistant Administrator, by filing a occurs first, in amounts not exceeding notification of trip limit change with 50 fish per day. the Office of the Federal Register, will (ii) Eastern zone—Florida west coast effect the trip limit changes specified subzone—(A) Gillnet gear. (1) In the in paragraphs (a)(2)(i) and (a)(2)(ii)(B) Florida west coast subzone, king mack- of this section when the requisite har- erel in or from the EEZ may be pos- vest level has been reached or is pro- sessed on board or landed from a vessel jected to be reached. for which a commercial permit with a (iv) Western zone. In the western zone, gillnet endorsement has been issued, as king mackerel in or from the EEZ may required under § 622.4(a)(2)(ii), from be possessed on board or landed from a July 1, each fishing year, until a clo- vessel for which a commercial permit sure of the Florida west coast for king mackerel has been issued, as subzone’s fishery for vessels fishing required under § 622.4(a)(2)(ii), from with run-around gillnets has been ef- July 1, each fishing year, until a clo- fected under § 622.43(a)—in amounts not sure of the western zone’s fishery has exceeding 25,000 lb (11,340 kg) per day. been effected under § 622.43(a)—in (2) In the Florida west coast subzone: amounts not exceeding 3,000 lb (1,361 (i) King mackerel in or from the EEZ kg) per day. may be possessed on board or landed (b) Spanish mackerel. (1) Commercial from a vessel that uses or has on board trip limits are established for Atlantic a run-around gillnet on a trip only migratory group Spanish mackerel as when such vessel has on board a com- follows: mercial permit for king mackerel with (i) North of 30°42′45.6″ N. lat., which is a gillnet endorsement. a line directly east from the Georgia/ (ii) King mackerel from the west Florida boundary, Spanish mackerel in coast subzone landed by a vessel for or from the EEZ may not be possessed which such commercial permit with on board or landed in a day from a ves- endorsement has been issued will be sel for which a permit for Spanish counted against the run-around gillnet mackerel has been issued, as required quota of § 622.42(c)(1)(i)(A)(2)(ii). under § 622.4(a)(2)(iv), in amounts ex- (iii) King mackerel in or from the ceeding 3,500 lb (1,588 kg). EEZ harvested with gear other than (ii) South of 30°42′45.6″ N. lat., Span- run-around gillnet may not be retained ish mackerel in or from the EEZ may on board a vessel for which such com- not be possessed on board or landed in mercial permit with endorsement has a day from a vessel for which a permit been issued. for Spanish mackerel has been issued, (B) Hook-and-line gear. In the Florida as required under § 622.4(a)(2)(iv)— west coast subzone, king mackerel in (A) From April 1 through October 31, or from the EEZ may be possessed on in amounts exceeding 1,500 lb (680 kg). board or landed from a vessel with a (B) From November 1 until 75 percent commercial permit for king mackerel, of the adjusted quota is taken, in as required by § 622.4(a)(2)(iii), and op- amounts as follows: erating under the hook-and-line gear (1) Mondays, Wednesdays, and Fri- quota in § 622.42(c)(1)(i)(A)(2)(i): days—unlimited. (1) From July 1 each fishing year, (2) Tuesdays, Thursdays, Saturdays, until 75 percent of the subzone’s hook- and Sundays—not exceeding 1,500 lb and-line gear quota has been har- (680 kg). vested—in amounts not exceeding 1,250 (C) After 75 percent of the adjusted lb (567 kg) per day. quota is taken until 100 percent of the (2) From the date that 75 percent of adjusted quota is taken, in amounts the subzone’s hook-and-line gear quota not exceeding 1,500 lb (680 kg). has been harvested, until a closure of (D) After 100 percent of the adjusted the west coast subzone’s fishery for quota is taken through the end of the vessels fishing with hook-and-line gear fishing year, in amounts not exceeding has been effected under § 622.43(a)—in 500 lb (227kg). amounts not exceeding 500 lb (227 kg) (2) For the purpose of paragraph per day. (b)(1)(ii) of this section, the adjusted
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quota is 3.38 million lb (1.53 million applies to the harvest or possession of kg). The adjusted quota is the quota wild live rock in or from the Gulf EEZ, for Atlantic migratory group Spanish regardless of the number or duration of mackerel reduced by an amount cal- trips. culated to allow continued harvests of (e) Gulf red snapper. (1) The trip limit Atlantic migratory group Spanish for red snapper in or from the Gulf for mackerel at the rate of 500 lb (227 kg) a vessel that has on board a valid com- per vessel per day for the remainder of mercial permit for Gulf reef fish and a the fishing year after the adjusted valid Class 1 red snapper license is 2,000 quota is reached. By filing a notifica- lb (907 kg), round or eviscerated tion with the Office of the Federal Reg- weight. ister, the Assistant Administrator will (2) The trip limit for red snapper in announce when 75 percent and 100 per- or from the Gulf for a vessel that has cent of the adjusted quota is reached or on board a valid commercial permit for is projected to be reached. (3) For the purpose of paragraph Gulf reef fish and a valid Class 2 red (b)(1)(ii) of this section, a day starts at snapper license is 200 lb (91 kg), round 6 a.m., local time, and extends for 24 or eviscerated weight. hours. If a vessel terminates a trip (3) The trip limit for red snapper in prior to 6 a.m., but retains Spanish or from the Gulf for any other vessel mackerel on board after that time, the for which a commercial permit for Gulf Spanish mackerel retained on board reef fish has been issued is zero. will not be considered in possession (4) As a condition of a commercial during the succeeding day, provided vessel permit for Gulf reef fish, as re- the vessel is not underway between 6 quired under § 622.4(a)(2)(v), without re- a.m. and the time such Spanish mack- gard to where red snapper are har- erel are unloaded, and provided such vested or possessed, a vessel that has Spanish mackerel are unloaded prior to been issued such permit— 6 p.m. (i) May not possess red snapper in or (c) South Atlantic snapper-grouper. from the Gulf in excess of the appro- When a vessel fishes on a trip in the priate vessel trip limit, as specified in South Atlantic EEZ, the vessel trip paragraphs (e)(1) through (3) of this limits specified in this paragraph (c) section. apply, provided persons aboard the ves- (ii) May not transfer or receive at sea sel are not subject to the bag limits. red snapper in or from the Gulf. See § 622.39(a) for applicability of the (f) Caribbean queen conch. A person bag limits. who fishes in the Caribbean EEZ and is (1) Trip-limited permits. A vessel for not subject to the bag limit may not which a trip-limited permit for South possess in or from the Caribbean EEZ Atlantic snapper-grouper has been more than 150 queen conch per day. issued is limited to 225 lb (102.1 kg) of snapper-grouper. [61 FR 34934, July 3, 1996, as amended at 61 (2) Golden tilefish. (i) Until the fishing FR 48415, Sept. 13, 1996; 61 FR 48851, Sept. 17, year quota specified in § 622.42(e)(2) is 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, reached, 5,000 lb (2,268 kg). May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR (ii) After the fishing year quota spec- 8356, Feb. 19, 1998; 63 FR 10569, Mar. 4, 1998; 63 ified in § 622.42(e)(2) is reached, 300 lb FR 38303, July 16, 1998; 64 FR 45459, Aug. 20, 1999] (136 kg). (3) Snowy grouper. (i) Until the fish- § 622.45 Restrictions on sale/purchase. ing year quota specified in § 622.42(e)(1) is reached, 2,500 lb (1,134 kg). In addition to restrictions on sale/ (ii) After the fishing year quota spec- purchase related to closures, as speci- ified in § 622.42(e)(1) is reached, 300 lb fied in § 622.43 (a) and (b), restrictions (136 kg). on sale and/or purchase apply as fol- (d) Gulf wild live rock. Until the quota lows. for wild live rock from the Gulf EEZ is (a) Caribbean coral reef resource. (1) No reached in 1996, a daily vessel limit of person may sell or purchase a Carib- twenty-five 5-gallon (19–L) buckets, or bean prohibited coral harvested in the volume equivalent (16.88 ft3 (478.0 L)), Caribbean EEZ.
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(2) A Caribbean prohibited coral that (2) A person may purchase South At- is sold in Puerto Rico or the U.S. Vir- lantic snapper-grouper harvested in the gin Islands will be presumed to have EEZ only from a vessel that has a valid been harvested in the Caribbean EEZ, commercial permit for South Atlantic unless it is accompanied by docu- snapper-grouper, as required under mentation showing that it was har- § 622.4(a)(2)(vi), or from a person who vested elsewhere. Such documentation has a valid commercial license to sell must contain: fish in the state where the purchase oc- (i) The information specified in sub- curs. part K of part 300 of this title for mark- (3) Except for the sale or purchase of ing containers or packages of fish or South Atlantic snapper-grouper har- wildlife that are imported, exported, or vested by a vessel that has a valid com- transported in interstate commerce. mercial permit for South Atlantic (ii) The name and home port of the snapper-grouper, the sale or purchase vessel, or the name and address of the of such fish is limited to the bag limits individual, harvesting the Caribbean specified in § 622.39(d)(1). prohibited coral. (4) A warsaw grouper or speckled (iii) The port and date of landing the hind in or from the South Atlantic Caribbean prohibited coral. EEZ may not be sold or purchased. (iv) A statement signed by the person (5) During March and April, no per- selling the Caribbean prohibited coral son may sell or purchase a red porgy, attesting that, to the best of his or her gag, or black grouper harvested from knowledge, information, and belief, the South Atlantic EEZ or, if har- such Caribbean prohibited coral was vested by a vessel for which a valid harvested other than in the Caribbean Federal commercial or charter vessel/ EEZ or the waters of Puerto Rico or headboat permit for South Atlantic the U.S. Virgin Islands. snapper-grouper has been issued, har- (b) Caribbean reef fish. A live red hind vested from the South Atlantic. The or live mutton snapper in or from the prohibition on sale/purchase during Caribbean EEZ may not be sold or pur- March and April does not apply to red chased and used in the marine aquar- porgy, gag, or black grouper that were ium trade. harvested, landed ashore, and sold (c) Gulf reef fish. (1) A Gulf reef fish prior to March 1 and were held in cold harvested in the EEZ on board a vessel storage by a dealer or processor. This that does not have a valid commercial prohibition also does not apply to a permit for Gulf reef fish, as required dealer’s purchase or sale of red porgy, under § 622.4(a)(2)(v), or a Gulf reef fish possessed under the bag limits speci- gag, or black grouper harvested from fied in § 622.39(b), may not be sold or an area other than the South Atlantic, purchased. provided such fish is accompanied by documentation of harvest outside the (2) A Gulf reef fish harvested on board a vessel that has a valid commer- South Atlantic. Such documentation cial permit for Gulf reef fish may be must contain: sold only to a dealer who has a valid (i) The information specified in 50 permit for Gulf reef fish, as required CFR part 300 subpart K for marking under § 622.4(a)(4). containers or packages of fish or wild- (3) A Gulf reef fish harvested in the life that are imported, exported, or EEZ may be purchased by a dealer who transported in interstate commerce; has a valid permit for Gulf reef fish, as (ii) The official number, name, and required under § 622.4(a)(4), only from a home port of the vessel harvesting the vessel that has a valid commercial per- red porgy, gag, or black grouper; mit for Gulf reef fish. (iii) The port and date of offloading (d) South Atlantic snapper-grouper. (1) from the vessel harvesting the red A person may sell South Atlantic snap- porgy, gag, or black grouper; and per-grouper harvested in the EEZ only (iv) A statement signed by the dealer to a dealer who has a valid permit for attesting that the red porgy, gag, or South Atlantic snapper-grouper, as re- black grouper was harvested from an quired under § 622.4(a)(4). area other than the South Atlantic.
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(6) During April, no person may sell (4) A golden crab harvested in the or purchase a greater amberjack har- South Atlantic EEZ may be purchased vested from the South Atlantic EEZ or, by a dealer who has a valid permit for if harvested by a vessel for which a golden crab, as required under valid Federal commercial or charter § 622.4(a)(4), only from a vessel that has vessel/headboat permit for South At- a valid commercial permit for golden lantic snapper-grouper has been issued, crab. harvested from the South Atlantic. (g) South Atlantic rock shrimp. (1) The prohibition on sale/purchase dur- Rock shrimp harvested in the South ing April does not apply to greater Atlantic EEZ on board a vessel that amberjack that were harvested, landed does not have a valid commercial per- ashore, and sold prior to April 1 and mit for rock shrimp, as required under were held in cold storage by a dealer or § 622.4(a)(2)(viii), may not be trans- processor. This prohibition also does ferred, received, sold, or purchased. not apply to a dealer’s purchase or sale (2) Rock shrimp harvested on board a of greater amberjack harvested from vessel that has a valid commercial per- an area other than the South Atlantic, mit for rock shrimp may be transferred provided such fish is accompanied by or sold only to a dealer who has a valid documentation of harvest outside the permit for rock shrimp, as required South Atlantic. Such documentation under § 622.4(a)(4). must contain: (3) Rock shrimp harvested in the (i) The information specified in 50 South Atlantic EEZ may be received or CFR part 300 subpart K for marking purchased by a dealer who has a valid containers or packages of fish or wild- permit for rock shrimp, as required life that are imported, exported, or under § 622.4(a)(4), only from a vessel transported in interstate commerce; that has a valid commercial permit for (ii) The official number, name, and rock shrimp. home port of the vessel harvesting the (h) Cut-off (damaged) king mackerel. A greater amberjack; cut-off (damaged) king mackerel law- (iii) The port and date of offloading fully possessed or offloaded ashore, as from the vessel harvesting the greater specified in § 622.38(h), may not be sold amberjack; and or purchased. (iv) A statement signed by the dealer [61 FR 34934, July 3, 1996, as amended at 61 attesting that the greater amberjack FR 43960, Aug. 27, 1996; 61 FR 47449, Sept. 9, was harvested from an area other than 1996; 63 FR 10569, Mar. 4, 1998; 63 FR 57590, the South Atlantic. Oct. 28, 1998; 64 FR 3629, Jan. 25, 1999] (e) South Atlantic wild live rock. Wild EFFECTIVE DATE NOTE: At 64 FR 48326, live rock in or from the South Atlantic Sept. 3, 1999, § 622.45 was amended by sus- EEZ may not be sold or purchased. The pending paragraph (d)(5) and adding para- prohibition on sale or purchase does graph (d)(7), effective Sept. 8, 1999, through not apply to wild live rock that was Mar. 1, 2000. For the convenience of the user, harvested and landed prior to January the added text is set forth as follows: 1, 1996. (f) South Atlantic golden crab. (1) A fe- § 622.45 Restrictions on sale/purchase. male golden crab in or from the South Atlantic EEZ may not be sold or pur- * * * * * chased. (d) * * * (2) A golden crab harvested in the (7) During March and April, no per- South Atlantic EEZ on board a vessel son may sell or purchase a gag or black that does not have a valid commercial grouper harvested from the South At- permit for golden crab, as required lantic EEZ or, if harvested by a vessel under § 622.4(a)(2)(x), may not be sold or for which a valid Federal commercial purchased. or charter vessel/headboat permit for (3) A golden crab harvested on board South Atlantic snapper-grouper has a vessel that has a valid commercial been issued, harvested from the South permit for golden crab may be sold Atlantic. The prohibition on sale/pur- only to a dealer who has a valid permit chase during March and April does not for golden crab, as required under apply to gag or black grouper that § 622.4(a)(4). were harvested, landed ashore, and sold
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prior to March 1 and were held in cold restrictions will be published in the storage by a dealer or processor. This FEDERAL REGISTER. prohibition also does not apply to a dealer’s purchase or sale of gag or § 622.47 Gulf groundfish trawl fishery. black grouper harvested from an area Gulf groundfish trawl fishery means other than the South Atlantic, pro- fishing in the Gulf EEZ by a vessel that vided such fish is accompanied by docu- uses a bottom trawl, the unsorted mentation of harvest outside the South Atlantic. Such documentation must catch of which is ground up for animal contain: feed or industrial products. (i) The information specified in 50 (a) Other provisions of this part not- CFR part 300 subpart K for marking withstanding, the owner or operator of containers or packages of fish or wild- a vessel in the Gulf groundfish trawl life that are imported, exported, or fishery is exempt from the following transported in interstate commerce; requirements and limitations for the (ii) The official number, name, and vessel’s unsorted catch of Gulf reef home port of the vessel harvesting the fish: gag or black grouper; (1) The requirement for a valid com- (iii) The port and date of offloading mercial vessel permit for Gulf reef fish from the vessel harvesting the gag or in order to sell Gulf reef fish. black grouper; and (2) Minimum size limits for Gulf reef (iv) A statement signed by the dealer fish. attesting that the gag or black grouper (3) Bag limits for Gulf reef fish. was harvested from an area other than the South Atlantic. (4) The prohibition on sale of Gulf reef fish after a quota closure. (b) Other provisions of this part not- * * * * * withstanding, a dealer in a Gulf state § 622.46 Prevention of gear conflicts. is exempt from the requirement for a (a) No person may knowingly place in dealer permit for Gulf reef fish to re- the Gulf EEZ any article, including ceive Gulf reef fish harvested from the fishing gear, that interferes with fish- Gulf EEZ by a vessel in the Gulf ing or obstructs or damages fishing groundfish trawl fishery. gear or the fishing vessel of another; or knowingly use fishing gear in such a § 622.48 Adjustment of management fashion that it obstructs or damages measures. the fishing gear or fishing vessel of an- In accordance with the framework other. procedures of the applicable FMPs, the (b) In accordance with the procedures RD may establish or modify the fol- and restrictions of the FMP for the lowing management measures: Shrimp Fishery of the Gulf of Mexico, (a) Caribbean coral reef resources. Spe- the RD may modify or establish sepa- cies for which management measures ration zones for shrimp trawling and may be specified; prohibited species; the use of fixed gear to prevent gear harvest limitations, including quotas, conflicts. Necessary prohibitions or re- trip, or daily landing limits; gear re- strictions will be published in the FED- strictions; closed seasons or areas; and ERAL REGISTER. marine conservation districts. (c) In accordance with the procedures (b) Size limits, and restrictions of the FMP for Coastal Caribbean reef fish. Migratory Pelagic Resources, when the closed seasons or areas, fish trap mesh RD determines that a conflict exists in size, and the threshold level for over- the king mackerel fishery between fishing. hook-and-line and gillnet fishermen in (c) Coastal migratory pelagic fish. For the South Atlantic EEZ off the east cobia or for a migratory group of king coast of Florida between 27°00.6′ N. lat. or Spanish mackerel: MSY, overfishing and 27°50.0′ N. lat., the RD may pro- level, TAC, quota (including a quota of hibit or restrict the use of hook-and- zero), bag limit (including a bag limit line and/or gillnets in all or a portion of zero), minimum size limit, vessel of that area. Necessary prohibitions or trip limits, closed seasons or areas,
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gear restrictions (ranging from regula- Chondrilla nucula, Chicken liver sponge tion to complete prohibition), realloca- Cynachirella alloclada tion of the commercial/recreational al- Geodia neptuni, Potato sponge location of Atlantic group Spanish Haliclona sp., Finger sponge Myriastra sp. mackerel, and permit requirements. Niphates digitalis, Pink vase sponge (d) Gulf reef fish. (1) For a species or N. erecta, Lavender rope sponge species group: Target date for rebuild- Spinosella policifera ing an overfished species, TAC, bag S. vaginalis limits, size limits, vessel trip limits, Tethya crypta closed seasons or areas, gear restric- II. Coelenterates—Phylum Coelenterata tions, and quotas. A. Hydrocorals—Class Hydrozoa 1. Hydroids—Order Athecatae (2) SMZs and the gear restrictions ap- Family Milleporidae plicable in each. Millepora spp., Fire corals (e) Gulf royal red shrimp. MSY, OY, Family Stylasteridae and TAC. Stylaster roseus, Rose lace corals (f) South Atlantic snapper-grouper and B. Anthozoans—Class Anthozoa wreckfish. For species or species groups: 1. Soft corals—Order Alcyonacea Target dates for rebuilding overfished Family Anthothelidae species, MSY, ABC, TAC, quotas, trip Erythropodium caribaeorum, Encrusting gorgonian limits, bag limits, minimum sizes, gear Iciligorgia schrammi, Deepwater sea fan restrictions (ranging from regulation Family Briaridae to complete prohibition), and seasonal Briareum asbestinum, Corky sea finger or area closures. Family Clavulariidae (g) South Atlantic golden crab. MSY, Carijoa riisei ABC, TAC, quotas (including quotas Telesto spp. equal to zero), trip limits, minimum 2. Gorgonian corals—Order Gorgonacea Family Ellisellidae sizes, gear regulations and restrictions, Ellisella spp., Sea whips permit requirements, seasonal or area Family Gorgoniidae closures, time frame for recovery of Gorgonia flabellum, Venus sea fan golden crab if overfished, fishing year G. mariae, Wide-mesh sea fan (adjustment not to exceed 2 months), G. ventalina, Common sea fan observer requirements, and authority Pseudopterogorgia acerosa, Sea plume for the RD to close the fishery when a P. albatrossae quota is reached or is projected to be P. americana, Slimy sea plume P. bipinnata, Bipinnate plume reached. P. rigida (h) South Atlantic shrimp. BRD certifi- Pterogorgia anceps, Angular sea whip cation criteria, BRD specifications, P. citrina, Yellow sea whip BRD testing protocol, certified BRDs, Family Plexauridae nets required to use BRDs, and times Eunicea calyculata, Warty sea rod and locations when the use of BRDs is E. clavigera required. E. fusca, Doughnut sea rod E. knighti (i) Gulf shrimp. Bycatch reduction cri- E. laciniata teria, BRD certification and decerti- E. laxispica fication criteria, BRD testing protocol, E. mammosa, Swollen-knob certified BRDs, and BRD specifica- E. succinea, Shelf-knob sea rod tions. E. touneforti Muricea atlantica [61 FR 34934, July 3, 1996, as amended at 61 M. elongata, Orange spiny rod FR 43960, Aug. 27, 1996; 62 FR 13988, Mar. 25, M. laxa, Delicate spiny rod 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, M. muricata, Spiny sea fan Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR M. pinnata, Long spine sea fan 36781, July 8, 1999] Muriceopsis sp. M. flavida, Rough sea plume APPENDIX A TO PART 622—SPECIES M. sulphurea TABLES Plexaura flexuosa, Bent sea rod P. homomalla, Black sea rod TABLE 1 OF APPENDIX A TO PART 622— Plexaurella dichotoma, Slit-pore sea rod CARIBBEAN CORAL REEF RESOURCES P. fusifera I. Sponges—Phylum Porifera P. grandiflora A. Demosponges—Class Demospongiae P. grisea Aphimedon compressa, Erect rope sponge P. nutans, Giant slit-pore
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Pseudoplexaura crucis Aiptasia tagetes, Pale anemone P. flagellosa Bartholomea annulata, Corkscrew anemone P. porosa, Porous sea rod Condylactis gigantea, Giant pink-tipped P. wagenaari anemone 3. Hard Corals—Order Scleractinia Hereractis lucida, Knobby anemone Family Acroporidae Lebrunia spp., Staghorn anemone Acropora cervicornis, Staghorn coral Stichodactyla helianthus, Sun anemone A. palmata, Elkhorn coral 6. Colonial Anemones—Order Zoanthidea A. prolifera, Fused staghorn Zoanthus spp., Sea mat Family Agaricidae 7. False Corals—Order Corallimorpharia Agaricia agaricities, Lettuce leaf coral Discosoma spp. (formerly Rhodactis), False A. fragilis, Fragile saucer coral A. lamarcki, Lamarck’s sheet Ricordia florida, Florida false coral A. tenuifolia, Thin leaf lettuce III. Annelid Worms—Phylum Annelida Leptoseris cucullata, Sunray lettuce A. Polychaetes—Class Polychaeta Family Astrocoeniidae Family Sabellidae, Feather duster worms Stephanocoenia michelinii, Blushing star Sabellastarte spp., Tube worms Family Caryophyllidae S. magnifica, Magnificent duster Eusmilia fastigiata, Flower coral Family Serpulidae Tubastrea aurea, Cup coral Spirobranchus giganteus, Christmas tree Family Faviidae worm Cladocora arbuscula, Tube coral IV. Mollusks—Phylum Mollusca Colpophyllia natans, Boulder coral A. Gastropods—Class Gastropoda Diploria clivosa, Knobby brain coral Family Elysiidae D. labyrinthiformis, Grooved brain Tridachia crispata, Lettuce sea slug D. strigosa, Symmetrical brain Family Olividae Favia fragum, Golfball coral Oliva reticularis, Netted olive Manicina areolata, Rose coral Family Ovulidae M. mayori, Tortugas rose coral Cyphoma gibbosum, Flamingo tongue Montastrea annularis, Boulder star coral Family Ranellidae M. cavernosa, Great star coral Charonia tritonis, Atlantic triton trumpet Solenastrea bournoni, Smooth star coral Family Strombidae, Winged conchs Family Meandrinidae Strombus spp. (except Queen conch, S. gigas) Dendrogyra cylindrus, Pillar coral B. Bivalves—Class Bivalvia Dichocoenia stellaris, Pancake star Family Limidae D. stokesi, Elliptical star Lima spp., Fileclams Meandrina meandrites, Maze coral L. scabra, Rough fileclam Family Mussidae Family Spondylidae Isophyllastrea rigida, Rough star coral Spondylus americanus, Atlantic thorny oys- Isophyllia sinuosa, Sinuous cactus ter Mussa angulosa, Large flower coral C. Cephalopods—Class Cephalopoda Mycetophyllia aliciae, Thin fungus coral 1. Octopuses—Order Octopoda M. danae, Fat fungus coral Family Octopodidae M. ferox, Grooved fungus Octopus spp. (except the Common octopus, M. lamarckiana, Fungus coral O. vulgaris) Scolymia cubensis, Artichoke coral V. Arthropods—Phylum Arthropoda S. lacera, Solitary disk A. Crustaceans—Subphylum Crustacea Family Oculinidae 1. Decapods—Order Decapoda Oculina diffusa, Ivory bush coral Family Alpheidae Family Pocilloporidae Alpheaus armatus, Snapping shrimp Madracis decactis, Ten-ray star coral Family Diogenidae M. mirabilis, Yellow pencil Paguristes spp., Hermit crabs Family Poritidae P. cadenati, Red reef hermit Porites astreoides, Mustard hill coral Family Grapsidae P. branneri, Blue crust coral Percnon gibbesi, Nimble spray crab P. divaricata, Small finger coral Family Hippolytidae P. porites, Finger coral Lysmata spp., Peppermint shrimp Family Rhizangiidae Thor amboinensis, Anemone shrimp Astrangia solitaria, Dwarf cup coral Family Majidae, Coral crabs Phyllangia americana, Hidden cup coral Mithrax spp., Clinging crabs Family Siderastreidae M. cinctimanus, Banded clinging Siderastrea radians, Lesser starlet M. sculptus, Green clinging S. siderea, Massive starlet Stenorhynchus seticornis, Yellowline arrow 4. Black Corals—Order Antipatharia Family Palaemonida Antipathes spp., Bushy black coral Periclimenes spp., Cleaner shrimp Stichopathes spp., Wire coral Family Squillidae, Mantis crabs 5. Anemones—Order Actiniaria Gonodactylus spp.
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Lysiosquilla spp. Redlip blenny, Ophioblennius atlanticus Family Stenopodidae, Coral shrimp Bothidae—Lefteye flounders Stenopus hispidus, Banded shrimp Peacock flounder, Bothus lunatus S. scutellatus, Golden shrimp Carangidae—Jacks VI. Bryozoans—Phylum Bryozoa Yellow jack, Caranx bartholomaei VII. Echinoderms—Phylum Echinodermata Blue runner, Caranx crysos A. Feather stars—Class Crinoidea Horse-eye jack, Caranx latus Analcidometra armata, Swimming crinoid Black jack, Caranx lugubris Davidaster spp., Crinoids Bar jack, Caranx ruber Nemaster spp., Crinoids Greater amberjack, Seriola dumerili B. Sea stars—Class Asteroidea Almaco jack, Seriola rivoliana Astropecten spp., Sand stars Chaetodontidae—Butterflyfishes Linckia guildingii, Common comet star Longsnout butterflyfish, Chaetodon Ophidiaster guildingii, Comet star aculeatus Oreaster reticulatus, Cushion sea star Foureye butterflyfish, Chaetodon C. Brittle and basket stars—Class capistratus Ophiuroidea Spotfin butterflyfish, Chaetodon ocellatus Astrophyton muricatum, Giant basket star Banded butterflyfish, Chaetodon striatus Ophiocoma spp., Brittlestars Cirrhitidae—Hawkfishes Ophioderma spp., Brittlestars Redspotted hawkfish, Amblycirrhitus pinos O. rubicundum, Ruby brittlestar Dactylopteridae—Flying gurnards D. Sea Urchins—Class Echinoidea Flying gurnard, Dactylopterus volitans Diadema antillarum, Long-spined urchin Ephippidae—Spadefishes Echinometra spp., Purple urchin Atlantic spadefish, Chaetodipterus faber Eucidaris tribuloides, Pencil urchin Gobiidae—Gobies Lytechinus spp., Pin cushion urchin Neon goby, Gobiosoma oceanops Tripneustes ventricosus, Sea egg Rusty goby, Priolepis hipoliti E. Sea Cucumbers—Class Holothuroidea Grammatidae—Basslets Holothuria spp., Sea cucumbers Royal gramma, Gramma loreto VIII. Chordates—Phylum Chordata Haemulidae—Grunts A. Tunicates—Subphylum Urochordata Porkfish, Anisotremus virginicus IX. Green Algae—Phylum Chlorophyta Margate, Haemulon album Caulerpa spp., Green grape algae Tomtate, Haemulon aurolineatum Halimeda spp., Watercress algae French grunt, Haemulon flavolineatum Penicillus spp., Neptune’s brush White grunt, Haemulon plumieri Udotea spp., Mermaid’s fan Bluestriped grunt, Haemulon sciurus Ventricaria ventricosa, Sea pearls Holocentridae—Squirrelfishes X. Red Algae—Phylum Rhodophyta Squirrelfish, Holocentrus adscensionis XI. Sea grasses—Phylum Angiospermae Longspine squirrelfish, Holocentrus rufus Halodule wrightii, Shoal grass Blackbar soldierfish, Myripristis jacobus Halophila spp., Sea vines Cardinal soldierfish, Plectrypops retrospinis Ruppia maritima, Widgeon grass Labridae—Wrasses Syringodium filiforme, Manatee grass Spanish hogfish, Bodianus rufus Thalassia testudium, Turtle grass Creole wrasse, Clepticus parrae Yellowcheek wrasse, Halichoeres TABLE 2 OF APPENDIX A TO PART 622— cyanocephalus CARIBBEAN REEF FISH Yellowhead wrasse, Halichoeres garnoti Acanthuridae—Surgeonfishes Clown wrasse, Halichoeres maculipinna Ocean surgeonfish, Acanthurus bahianus Puddingwife, Halichoeres radiatus Doctorfish, Acanthurus chirurgus Pearly razorfish, Hemipteronotus novacula Blue tang, Acanthurus coeruleus Green razorfish, Hemipteronotus splendens Antennariidae—Frogfishes Hogfish, Lachnolaimus maximus Frogfish, Antennarius spp. Bluehead wrasse, Thalassoma bifasciatum Apogonidae—Cardinalfishes Lutjanidae—Snappers Flamefish, Apogon maculatus Black snapper, Apsilus dentatus Conchfish, Astrapogen stellatus Queen snapper, Etelis oculatus Aulostomidae—Trumpetfishes Mutton snapper, Lutjanus analis Trumpetfish, Aulostomus maculatus Schoolmaster, Lutjanus apodus Balistidae—Leatherjackets Blackfin snapper, Lutjanus buccanella Scrawled filefish, Aluterus scriptus Gray snapper, Lutjanus griseus Queen triggerfish, Balistes vetula Dog snapper, Lutjanus jocu Whitespotted filefish, Cantherhines Mahogany snapper, Lutjanus mahogani macrocerus Lane snapper, Lutjanus synagris Ocean triggerfish, Canthidermis sufflamen Silk snapper, Lutjanus vivanus Black durgon, Melichthys niger Yellowtail snapper, Ocyurus chrysurus Sargassum triggerfish, Xanthichthys rigens Wenchman, Pristipomoides aquilonaris Blenniidae—Combtooth blennies Vermilion snapper, Rhomboplites aurorubens
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Malacanthidae—Tilefishes Red hind, Epinephelus guttatus Blackline tilefish, Caulolatilus cyanops Jewfish, Epinephelus itajara Sand tilefish, Malacanthus plumieri Red grouper, Epinephelus morio Mullidae—Goatfishes Misty grouper, Epinephelus mystacinus Yellow goatfish, Mulloidichthys martinicus Nassau Grouper, Epinephelus striatus Spotted goatfish, Pseudupeneus maculatus Butter hamlet, Hypoplectrus unicolor Muraenidae—Morays Swissguard basslet, Liopropoma rubre Chain moray, Echidna catenata Yellowfin grouper, Mycteroperca venenosa Green moray, Gymnothorax funebris Tiger grouper, Mycteroperca tigris Goldentail moray, Gymnothorax miliaris Creole-fish, Paranthias furcifer Ogcocephalidae—Batfishes Greater soapfish, Rypticus saponaceus Batfish, Ogcocepahalus spp. Orangeback bass, Serranus annularis Ophichthidae—Snake eels Lantern bass, Serranus baldwini Goldspotted eel, Myrichthys ocellatus Tobaccofish, Serranus tabacarius Opistognathidae—Jawfishes Harlequin bass, Serranus tigrinus Yellowhead jawfish, Opistognathus Chalk bass, Serranus tortugarum aurifrons Soleidae—Soles Dusky jawfish, Opistognathus whitehursti Caribbean tonguefish, Symphurus arawak Ostraciidae—Boxfishes Sparidae—Porgies Spotted trunkfish, Lactophrys bicaudalis Sea bream, Archosargus rhomboidalis Honeycomb cowfish, Lactophrys polygonia Jolthead porgy, Calamus bajonado Scrawled cowfish, Lactophrys quadricornis Sheepshead porgy, Calamus penna Trunkfish, Lactophrys trigonus Pluma, Calamus pennatula Smooth trunkfish, Lactophrys triqueter Syngnathidae—Pipefishes Pomacanthidae—Angelfishes Seahorses, Hippocampus spp. Cherubfish, Centropyge argi Pipefishes, Syngnathus spp. Queen angelfish, Holacanthus ciliaris Synodontidae—Lizardfishes Rock beauty, Holacanthus tricolor Sand diver, Synodus intermedius Gray angelfish, Pomacanthus arcuatus Tetraodontidae—Puffers French angelfish, Pomacanthus paru Sharpnose puffer, Canthigaster rostrata Pomacentridae—Damselfishes Porcupinefish, Diodon hystrix Sergeant major, Abudefduf saxatilis Blue chromis, Chromis cyanea TABLE 3 OF APPENDIX A TO PART 622—GULF Sunshinefish, Chromis insolata REEF FISH Yellowtail damselfish, Microspathodon Balistidae—Triggerfishes chrysurus Gray triggerfish, Balistes capriscus Dusky damselfish, Pomacentrus fuscus Queen triggerfish, Balistes vetula Beaugregory, Pomacentrus leucostictus Carangidae—Jacks Bicolor damselfish, Pomacentrus partitus Greater amberjack, Seriola dumerili Threespot damselfish, Pomacentrus Lesser amberjack, Seriola fasciata planifrons Almaco jack, Seriola rivoliana Priacanthidae—Bigeyes Banded rudderfish, Seriola zonata Bigeye, Priacanthus arenatus Labridae—Wrasses Glasseye snapper, Priacanthus cruentatus Hogfish, Lachnolaimus maximus Scaridae—Parrotfishes Lutjanidae—Snappers Midnight parrotfish, Scarus coelestinus Queen snapper, Etelis oculatus Blue parrotfish, Scarus coeruleus Mutton snapper, Lutjanus analis Striped parrotfish, Scarus croicensis Schoolmaster, Lutjanus apodus Rainbow parrotfish, Scarus guacamaia Blackfin snapper, Lutjanus buccanella Princess parrotfish, Scarus taeniopterus Red snapper, Lutjanus campechanus Queen parrotfish, Scarus vetula Cubera snapper, Lutjanus cyanopterus Redband parrotfish, Sparisoma Gray (mangrove) snapper, Lutjanus griseus aurofrenatum Dog snapper, Lutjanus jocu Redtail parrotfish, Sparisoma chrysopterum Mahogany snapper, Lutjanus mahogoni Redfin parrotfish, Sparisoma rubripinne Lane snapper, Lutjanus synagris Stoplight parrotfish, Sparisoma viride Silk snapper, Lutjanus vivanus Sciaenidae—Drums Yellowtail snapper, Ocyurus chrysurus High-hat, Equetus acuminatus Wenchman, Pristipomoides aquilonaris Jackknife-fish, Equetus lanceolatus Vermilion snapper, Rhomboplites aurorubens Spotted drum, Equetus punctatus Malacanthidae—Tilefishes Scorpaenidae—Scorpionfishes Goldface tilefish, Caulolatilus chrysops Serranidae—Sea basses Blackline tilefish, Caulolatilus cyanops Rock hind, Epinephelus adscensionis Anchor tilefish, Caulolatilus intermedius Graysby, Epinephelus cruentatus Blueline tilefish, Caulolatilus microps Yellowedge grouper, Epinephelus Tilefish, Lopholatilus chamaeleonticeps flavolimbatus Serranidae—Groupers Coney, Epinephelus fulvus Dwarf sand perch, Diplectrum bivittatum
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Sand perch, Diplectrum formosum Blackfin snapper, Lutjanus buccanella Rock hind, Epinephelus adscensionis Red snapper, Lutjanus campechanus Speckled hind, Epinephelus drummondhayi Cubera snapper, Lutjanus cyanopterus Yellowedge grouper, Epinephelus Gray snapper, Lutjanus griseus flavolimbatus Mahogany snapper, Lutjanus mahogoni Red hind, Epinephelus guttatus Dog snapper, Lutjanus jocu Jewfish, Epinephelus itajara Lane snapper, Lutjanus synagris Red grouper, Epinephelus morio Silk snapper, Lutjanus vivanus Misty grouper, Epinephelus mystacinus Yellowtail snapper, Ocyurus chrysurus Warsaw grouper, Epinephelus nigritus Vermilion snapper, Rhomboplites aurorubens Snowy grouper, Epinephelus niveatus Malacanthidae—Tilefishes Nassau grouper, Epinephelus striatus Blueline tilefish, Caulolatilus microps Black grouper, Mycteroperca bonaci Golden tilefish, Lopholatilus Yellowmouth grouper, Mycteroperca chamaeleonticeps interstitialis Sand tilefish, Malacanthus plumieri Gag, Mycteroperca microlepis Percichthyidae—Temperate basses Scamp, Mycteroperca phenax Wreckfish, Polyprion americanus Yellowfin grouper, Mycteroperca venenosa Serranidae—Sea Basses and Groupers TABLE 4 OF APPENDIX A TO PART 622—SOUTH Bank sea bass, Centropristis ocyurus ATLANTIC SNAPPER-GROUPER Rock sea bass, Centropristis philadelphica Black sea bass, Centropristis striata Balistidae—Triggerfishes Rock hind, Epinephelus adscensionis Gray triggerfish, Balistes capriscus Graysby, Epinephelus cruentatus Queen triggerfish, Balistes vetula Speckled hind, Epinephelus drummondhayi Ocean triggerfish, Canthidermis sufflamen Yellowedge grouper, Epinephelus Carangidae—Jacks flavolimbatus Yellow jack, Caranx bartholomaei Coney, Epinephelus fulvus Blue runner, Caranx crysos Red hind, Epinephelus guttatus Crevalle jack, Caranx hippos Jewfish, Epinephelus itajara Bar jack, Caranx ruber Red grouper, Epinephelus morio Greater amberjack, Seriola dumerili Misty grouper, Epinephelus mystacinus Lesser amberjack, Seriola fasciata Warsaw grouper, Epinephelus nigritus Almaco jack, Seriola rivoliana Snowy grouper, Epinephelus niveatus Banded rudderfish, Seriola zonata Nassau grouper, Epinephelus striatus Ephippidae—Spadefishes Black grouper, Mycteroperca bonaci Spadefish, Chaetodipterus faber Yellowmouth grouper, Mycteroperca Haemulidae—Grunts interstitialis Black margate, Anisotremus surinamensis Gag, Mycteroperca microlepis Porkfish, Anisotremus virginicus Scamp, Mycteroperca phenax Margate, Haemulon album Tiger grouper, Mycteroperca tigris Tomtate, Haemulon aurolineatum Yellowfin grouper, Mycteroperca venenosa Smallmouth grunt, Haemulon Sparidae—Porgies chrysargyreum Sheepshead, Archosargus probatocephalus French grunt, Haemulon flavolineatum Grass porgy, Calamus arctifrons Spanish grunt, Haemulon macrostomum Jolthead porgy, Calamus bajonado Cottonwick, Haemulon melanurum Saucereye porgy, Calamus calamus Sailors choice, Haemulon parrai Whitebone porgy, Calamus leucosteus White grunt, Haemulon plumieri Knobbed porgy, Calamus nodosus Blue stripe grunt, Haemulon sciurus Red porgy, Pagrus pagrus Labridae—Wrasses Longspine porgy, Stenotomus caprinus Hogfish, Lachnolaimus maximus Scup, Stenotomus chrysops Puddingwife, Halichoeres radiatus Lutjanidae—Snappers [61 FR 34934, July 3, 1996, as amended at 62 Black snapper, Apsilus dentatus FR 13988, Mar. 25, 1997; 62 FR 67723, Dec. 30, Queen snapper, Etelis oculatus 1997] Mutton snapper, Lutjanus analis Schoolmaster, Lutjanus apodus APPENDIX B TO PART 622—GULF AREAS
TABLE 1 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREA
Point No. and reference location 1 North lat. West long.
1 Seaward limit of Florida's waters north of Dry Tortugas ...... 24°48.0′ 82°48.0′ 2 North of Rebecca Shoal ...... 25°07.5′ 82°34.0′ 3 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 4 West of Egmont Key ...... 27°30.0′ 83°21.5′
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TABLE 1 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREAÐContinued
Point No. and reference location 1 North lat. West long.
5 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 6 Southeast corner of Florida Middle Ground ...... 28°11.0′ 84°00.0′ 7 Southwest corner of Florida Middle Ground ...... 28°11.0′ 84°07.0′ 8 West corner of Florida Middle Ground ...... 28°26.6′ 84°24.8′ 9 Northwest corner of Florida Middle Ground ...... 28°42.5′ 84°24.8′ 10 South of Carrabelle ...... 29°05.0′ 84°47.0′ 11 South of Cape St. George ...... 29°02.5′ 85°09.0′ 12 South of Cape San Blas lighted bell buoyÐ20 fathoms ...... 29°21.0′ 85°30.0′ 13 South of Cape San Blas lighted bell buoyÐ50 fathoms ...... 28°58.7′ 85°30.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Pensacola ...... 29°46.0′ 87°19.0′ 16 South of Perdido Bay ...... 29°29.0′ 87°27.5′ 17 East of North Pass of the Mississippi River ...... 29°14.5′ 88°28.0′ 18 South of Southwest Pass of the Mississippi River ...... 28°46.5′ 89°26.0′ 19 Northwest tip of Mississippi Canyon ...... 28°38.5′ 90°08.5′ 20 West side of Mississippi Canyon ...... 28°34.5′ 89°59.5′ 21 South of Timbalier Bay ...... 28°22.5′ 90°02.5′ 22 South of Terrebonne Bay ...... 28°10.5′ 90°31.5′ 23 South of Freeport ...... 27°58.0′ 95°00.0′ 24 Off Matagorda Island ...... 27°43.0′ 96°02.0′ 25 Off Aransas Pass ...... 27°30.0′ 96°23.5′ 26 Northeast of Port Mansfield ...... 27°00.0′ 96°39.0′ 27 East of Port Mansfield ...... 26°44.0′ 96°37.5′ 28 Northeast of Port Isabel ...... 26°22.0′ 96°21.0′ 29 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°24.5′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' waters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.
TABLE 2 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE STRESSED AREA
Point No. and reference location 1 North lat. West long.
1 Seaward limit of Florida's waters northeast of Dry Tortugas ...... 24°45.5′ 82°41.5′ 2 North of Marquesas Keys ...... 24°48.0′ 82°06.5′ 3 Off Cape Sable ...... 25°15.0′ 82°02.0′ 4 Off Sanibel IslandÐInshore ...... 26°26.0′ 82°29.0′ 5 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 6 West of Egmont Key ...... 27°30.0′ 83°21.5′ 7 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 8 Off Anclote KeysÐInshore ...... 28°10.0′ 83°14.0′ 9 Off Deadman Bay ...... 29°38.0′ 84°00.0′ 10 Seaward limit of Florida's waters east of Cape St. George ...... 29°35.5′ 84°38.6′ Thence westerly along the seaward limit of Florida's waters to: 11 Seaward limit of Florida's waters south of Cape San Blas ...... 29°32.2′ 85°27.1′ 12 Southwest of Cape San Blas ...... 29°30.5′ 85°52.0′ 13 Off St. Andrew Bay ...... 29°53.0′ 86°10.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Florida/Alabama border ...... 29°34.5′ 87°38.0′ 16 Off Mobile Bay ...... 29°41.0′ 88°00.0′ 17 South of Alabama/Mississippi border ...... 30°01.5′ 88°23.7′ 18 Horn/Chandeleur Islands ...... 30°01.5′ 88°40.5′ 19 Chandeleur Islands ...... 29°35.5′ 88°37.0′ 20 Seaward limit of Louisiana's waters off North Pass of the Mississippi River ...... 29°16.3′ 89°00.0′ Thence southerly and westerly along the seaward limit of Louisiana's waters to: 21 Seaward limit of Louisiana's waters off Southwest Pass of the Mississippi River ... 28°57.3′ 89°28.2′ 22 Southeast of Grand Isle ...... 29°09.0′ 89°47.0′ 23 Quick flashing horn buoy south of Isles Dernieres ...... 28°32.5′ 90°42.0′ 24 Southeast of Calcasieu Pass ...... 29°10.0′ 92°37.0′ 25 South of Sabine PassÐ10 fathoms ...... 29°09.0′ 93°41.0′ 26 South of Sabine PassÐ30 fathoms ...... 28°21.5′ 93°28.0′ 27 East of Aransas Pass ...... 27°49.0′ 96°19.5′ 28 East of Baffin Bay ...... 27°12.0′ 96°51.0′ 29 Northeast of Port Mansfield ...... 26°46.5′ 96°52.0′ 30 Northeast of Port Isabel ...... 26°21.5′ 96°35.0′ 31 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°36.0′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' wa- ters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.
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APPENDIX C TO PART 622—FISH LENGTH MEASUREMENTS
Figure 1 of Appendix C to Part 622ÐCarapace Length
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[61 FR 34934, July 3, 1996, as amended at 64 1. Description. The extended funnel BRD FR 3630, Jan. 25, 1999] consists of an extension with large-mesh webbing in the center (the large-mesh escape APPENDIX D TO PART 622— section) and small-mesh webbing on each end SPECIFICATIONS FOR CERTIFIED BRDS held open by a semi-rigid hoop. A funnel of small-mesh webbing is placed inside the ex- A. Extended Funnel. tension to form a passage for shrimp to the
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codend. It also creates an area of reduced terior edge of the TED. If it is attached be- water flow to allow for fish escapement hind a soft TED, a second semi-rigid hoop, as through the large mesh. One side of the fun- prescribed in paragraph A.2.(d), must be in- nel is extended vertically to form a lead stalled in the front section of the BRD exten- panel and area of reduced water flow. There sion webbing at the leading edge of the fun- are two sizes of extended funnel BRDs, a nel. The codend of the trawl net is attached standard size and an inshore size for small to the trailing edge of the BRD. trawls. 3. Minimum Construction and Installation Re- 2. Minimum Construction and Installation Re- quirements for Inshore Size. quirements for Standard Size. (a) Extension Material. The small-mesh sec- (a) Extension Material. The small-mesh sec- tions used on both sides of the large-mesh es- tions used on both sides of the large-mesh es- 3 8 cape section are constructed of 15⁄8 inch (4.13 cape section are constructed of 1 ⁄ inch (3.5 cm), No. 30 stretched mesh, nylon webbing. cm), No. 18 stretched mesh, nylon webbing. 1 The front section is 120 meshes around by 61⁄2 The front section is 120 meshes around by 6 ⁄2 meshes deep. The back section is 120 meshes meshes deep. The back section is 120 meshes around by 23 meshes deep. around by 23 meshes deep. (b) Large-Mesh Escape Section. The large- (b) Large-Mesh Escape Section. The large- mesh escape section is constructed of 8 to 10 mesh escape section is constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, web- inch (20.3 to 25.4 cm), stretched mesh, web- bing. This section is cut on the bar to form bing. This section is cut on the bar to form a section that is 15 inches (38.1 cm) in length a section that is 15 inches (38.1 cm) by 75 by 95 inches (241.3 cm) in circumference. The inches (190.5 cm) in circumference. The lead- leading edge is attached to the 61⁄2-mesh ex- ing edge is attached to the 61⁄2-mesh exten- tension section and the rear edge is attached sion section and the rear edge is attached to to the 23-mesh extension section. the 23-mesh extension section. (c) Funnel. The funnel is constructed of 11⁄2 3 inch (3.81 cm), stretched mesh, No. 30 depth- (c) Funnel. The funnel is constructed of 1 ⁄8 stretched and heat-set polyethylene webbing. inch (3.5 cm), stretched mesh, No. 18 depth- The circumference of the leading edge is 120 stretched and heat-set polyethylene webbing. meshes and the back edge is 78 meshes. The The circumference of the leading edge is 120 short side of the funnel is 34 to 36 inches (86.4 meshes and the back edge is 78 meshes. The to 91.4 cm) long and the opposite side of the short side of the funnel is 30 to 32 inches (76.2 funnel extends an additional 22 to 24 inches to 81.3 cm) long and the opposite side of the (55.9 to 61.0 cm). The circumference of the funnel extends an additional 20 to 22 inches leading edge of the funnel is attached to the (50.8 to 55.9 cm). The circumference of the forward small-mesh section three meshes leading edge of the funnel is attached to the forward of the large-mesh escape section and forward small-mesh section three meshes is evenly sewn, mesh for mesh, to the small- forward of the large-mesh escape section and mesh section. The after edge of the funnel is is evenly sewn, mesh for mesh, to the small- attached to the after small-mesh section at mesh section. The after edge of the funnel is its top and bottom eight meshes back from attached to the after small-mesh section at the large-mesh escape panel. Seven meshes its top and bottom eight meshes back from of the top and seven meshes of the bottom of the large-mesh escape panel. Seven meshes the funnel are attached to eight meshes at of the top and seven meshes of the bottom of the top and bottom of the small-mesh sec- the funnel are attached to eight meshes at tion, such eight meshes being located imme- the top and bottom of the small-mesh sec- diately adjacent to the top and bottom cen- tion, such eight meshes being located imme- ters of the small-mesh section on the side of diately adjacent to the top and bottom cen- the funnel’s extended side. The extended side ters of the small-mesh section on the side of of the funnel is sewn at its top and bottom to the funnel’s extended side. The extended side the top and bottom of the small-mesh sec- of the funnel is sewn at its top and bottom to tion, extending at an angle toward the top the top and bottom of the small-mesh sec- and bottom centers of the small-mesh sec- tion. tion, extending at an angle toward the top (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) di- and bottom centers of the small-mesh sec- ameter hoop constructed of plastic-coated tion. trawl cable, swaged together with a 3⁄8-inch (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) di- (9.53-mm) micropress sleeve, is installed five ameter hoop constructed of plastic-coated meshes behind the trailing edge of the large- trawl cable, swaged together with a 3⁄8-inch mesh escape section. The extension webbing (9.53-mm) micropress sleeve, is installed five must be laced to the ring around the entire meshes behind the trailing edge of the large circumference and must be equally distrib- mesh section. The extension webbing must uted on the hoop, that is, 30 meshes must be be laced to the ring around the entire cir- evenly attached to each quadrant. cumference and must be equally distributed (e) Installation. The extended funnel BRD is on the hoop, that is, 30 meshes must be even- attached 8 inches (20.3 cm) behind the pos- ly attached to each quadrant.
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(e) Installation. The extended funnel BRD is system (i.e., any mechanism, such as ele- attached 8 inches (20.3 cm) behind the pos- phant ears or choker straps, used to attach terior edge of the TED. If it is attached be- the lazy line to the codend) may overlap the hind a soft TED, a second semi-rigid hoop, as fisheye escape opening when the fisheye is prescribed in paragraph A.3.(d), must be in- installed aft of the attachment point of the stalled in the front section of the BRD exten- codend retrieval system. The Gulf fisheye sion webbing at the leading edge of the fun- may not be offset more than 15 meshes per- nel. The codend of the trawl net is attached pendicular to the top center of the codend. to the trailing edge of the BRD. E. Jones-Davis. B. Expanded Mesh. The expanded mesh 1. Description. The Jones-Davis BRD is BRD is constructed and installed exactly the similar to the expanded mesh and the ex- same as the standard size extended funnel tended funnel BRDs except that the fish es- BRD, except that one side of the funnel is cape openings are windows cut around the not extended to form a lead panel. funnel rather than large-mesh sections. In C. Fisheye. addition, a webbing cone fish deflector is in- 1. Description. The fisheye BRD is a cone- stalled behind the funnel. shaped rigid frame constructed from alu- 2. Minimum Construction and Installation Re- minum or steel rod of at least 1⁄4 inch diame- quirements. The Jones-Davis BRD must con- ter, which is inserted into the codend to tain all of the following. form an escape opening. Fisheyes of several (a) Webbing extension. The webbing exten- different shapes and sizes have been tested in sion must be constructed from a single piece different positions in the codend. 5 2. Minimum Construction and Installation Re- of 1 ⁄8-inch (3.5-cm) stretch mesh number 30 quirements. The fisheye has a minimum open- nylon 42 meshes by 120 meshes. A tube is ing dimension of 5 inches (12.7 cm) and a formed from the extension webbing by sew- minimum total opening area of 36 square ing the 42-mesh side together. inches (91.4 square cm). The fisheye must be (b) 28-inch (71.1-cm) cable hoop. A single installed at the top center of the codend of hoop must be constructed of 1⁄2-inch (1.3-cm) the trawl to create an opening in the trawl steel cable 88 inches (223.5 cm) in length. The facing in the direction of the mouth of the cable must be joined at its ends by a 3-inch trawl no further forward than 11 ft (3.4 m) (7.6-cm) piece of 1⁄2-inch (1.3-cm) aluminum from the codend drawstring (tie-off rings) or pipe and pressed with a 3⁄8-inch (0.95-cm) die 70 percent of the distance between the to form a hoop. The inside diameter of this codend drawstring and the forward edge of hoop must be between 27 and 29 inches (68.6 the codend, excluding any extension, which- and 73.7 cm). The hoop must be attached to ever is the shorter distance. In the Gulf EEZ the extension webbing 171⁄2 meshes behind only, when the fisheye BRD is installed in the leading edge. The extension webbing this position, no part of the lazy line attach- must be quartered and attached in four ment system (i.e., any mechanism, such as places around the hoop, and every other elephant ears or choker straps, used to at- mesh must be attached all the way around tach the lazy line to the codend) may overlap the hoop using number 24 twine or larger. the fisheye escape opening when the fisheye The hoop must be laced with 3⁄8-inch (0.95- is installed aft of the attachment point of cm) polypropylene or polyethylene rope for the codend retrieval system. chaffing. D. Gulf fisheye. (c) 24-inch (61.0-cm) hoop. A single hoop 1. Description. The Gulf fisheye BRD is a must be constructed of either number 60 cone-shaped rigid frame constructed from twine 80 inches (203.2 cm) in length or 3⁄8-inch aluminum or steel that is inserted into the (0.95-cm) steel cable 751⁄2 inches (191.8 cm) in top center of the codend, or is offset not length. If twine is used, the twine must be more than 15 meshes perpendicular to the laced in and out of the extension webbing 39 top center of the codend, to form an escape meshes behind the leading edge, and the ends opening. must be tied together. If cable is used, the 2. Minimum Construction and Installation Re- cable must be joined at its ends by a 3-inch quirements. The Gulf fisheye is a cone-shaped (7.6-cm) piece of 3⁄8-inch (0.95-cm) aluminum rigid frame constructed of aluminum or steel pipe and pressed together with a 1⁄4-inch rods. The rods must be at least 1⁄4-inch (6.35- (0.64-cm) die to form a hoop. The inside di- mm) diameter. Any dimension of the escape ameter of this hoop must be between 23 and opening must be at least 5.0 inches (12.7 cm), 25 inches (58.4 and 63.4 cm). The hoop must be and the total escape opening area must be at attached to the extension webbing 39 meshes least 36.0 in2 (232.3 cm2). The Gulf fisheye behind the leading edge. The extension web- must be installed in the codend of the trawl bing must be quartered and attached in four to create an escape opening in the trawl, fac- places around the hoop, and every other ing in the direction of the mouth of the mesh must be attached all the way around trawl, no further forward than 12.5 ft (3.81 m) the hoop using number 24 twine or larger. and no less than 8.5 ft (2.59 m) from the The hoop must be laced with 3⁄8-inch (0.95- codend tie-off rings. When installed in this cm) polypropylene or polyethylene rope for position, no part of the lazy line attachment chaffing.
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(d) Funnel. The funnel must be constructed (3) the leading edge of the escape opening from four sections of 11⁄2-inch (3.8-cm) heat- must be located within 18 inches (45.7 cm) of set and depth-stretched polypropylene or the posterior edge of the turtle excluder de- polyethylene webbing. The two side sections vice (TED) grid; and, (4) the area of the es- must be rectangular in shape, 291⁄2 meshes on cape opening must total at least 864 in2 the leading edge by 23 meshes deep. The top (5,574.2 cm2). To construct the funnel and es- and bottom sections are 291⁄2 meshes on the cape openings using this method, begin 31⁄2 leading edge by 23 meshes deep and tapered 1 meshes from the leading edge of the exten- point 2 bars on both sides down to 8 meshes sion, at the top center seam, count over 18 across the back. The four sections must be meshes on each side, and cut 13 meshes to- sewn together down the 23-mesh edge to form ward the back of the extension. Turn parallel the funnel. to the leading edge, and cut 26 meshes to- (e) Attachment of the funnel in the webbing ward the bottom center of the extension. extension. The funnel must be installed two Next, turn parallel to the top center seam, meshes behind the leading edge of the exten- and cut 13 meshes forward toward the lead- sion starting at the center seam of the ex- ing edge, creating a flap of webbing 13 tension and the center mesh of the funnel’s meshes by 26 meshes by 13 meshes. Lengthen top section leading edge. On the same row of the flap to 18 meshes by adding a 41⁄2-mesh by meshes, the funnel must be sewn evenly all 26-mesh rectangular section of webbing to the way around the inside of the extension. the 26-mesh edge. Attach the 18-mesh edges The funnel’s top and bottom back edges to the top and bottom of the extension by must be attached one mesh behind the 28- sewing 2 bars of the extension to 1 mesh on inch (71.1-cm) cable hoop (front hoop). Start- the flap in toward the top center and bottom ing at the top center seam, the back edge of center of the extension, forming the exit the top funnel section must be attached four opening and the funnel. Connect the two meshes each side of the center. Counting flaps together in the center with a 7-inch around 60 meshes from the top center, the piece of number 42 twine to allow adequate back edge of the bottom section must be at- clearance for fish escapement between the tached 4 meshes on each side of the bottom flaps and the side openings. On each side, sew center. Clearance between the side of the a 6-mesh by 101⁄2-mesh section of webbing to funnel and the 28-inch (71.1-cm) cable hoop 6 meshes of the center of the 26-mesh cut on (front hoop) must be at least 6 inches (15.2 the extension and 6 meshes centered between cm) when measured in the hanging position. the 13-mesh cuts 31⁄2 meshes from the leading (f) Cutting the escape openings. The leading edge. This forms two 10-mesh by 13-mesh edge of the escape opening must be located openings on each side. within 18 inches (45.7 cm) of the posterior (h) Cone fish deflector. The cone fish deflec- edge of the turtle excluder device (TED) grid. tor is constructed of 2 pieces of 15⁄8-inch (4.13- The area of the escape opening must total at cm) polypropylene or polyethylene webbing, least 864 in2 (5,574.2 cm2). Two escape open- 40 meshes wide by 20 meshes in length and ings 10 meshes wide by 13 meshes deep must cut on the bar on each side forming a tri- be cut 6 meshes apart in the extension web- angle. Starting at the apex of the two tri- bing, starting at the top center extension angles, the two pieces must be sewn together seam, 3 meshes back from the leading edge to form a cone of webbing. The apex of the and 16 meshes to the left and to the right cone fish deflector must be positioned within (total of four openings). The four escape 10–14 inches (25.4–35.6 cm) of the posterior openings must be double selvaged for edge of the funnel. strength. (i) 11-inch (27.9-cm) cable hoop for cone de- (g) Alternative Method for Constructing the flector. A single hoop must be constructed of Funnel and Escape Openings. The following 5⁄16-inch (0.79-cm) or 3⁄8-inch (0.95-cm) cable method for constructing the funnel and es- 341⁄2 inches (87.6 cm) in length. The ends must cape openings may be used instead of the be joined by a 3-inch (7.6-cm) piece of 3⁄8-inch method described in paragraphs F.2.d., F.2.e., (0.95-cm) aluminum pipe pressed together and F.2.f. of this section. With this alter- with a 1⁄4-inch (0.64-cm) die. The hoop must native method, the funnel and escape open- be inserted in the webbing cone, attached 10 ings are formed by cutting a flap in each side meshes from the apex and laced all the way of the extension webbing; pushing the flaps around with heavy twine. inward; and attaching the top and bottom (j) Installation of the cone in the extension. edges along the bars of the extension web- The cone must be installed in the extension bing to form the v-shape of the funnel. Min- 12 inches (30.5 cm) behind the back edge of imum requirements applicable to this meth- the funnel and attached in four places. The od include: (1) The funnel’s top and bottom midpoint of a piece of number 60 twine 4 ft back edges must be attached one mesh be- (1.22 m) in length must be attached to the hind the 28-inch (71.1-cm) cable hoop (front apex of the cone. This piece of twine must be hoop); (2) clearance between the side of the attached to the 28-inch (71.1-cm) cable hoop funnel and the 28-inch (71.1-cm) cable hoop at the center of each of its sides; the points (front hoop) must be at least 6 inches (15.2 of attachment for the two pieces of twine cm) when measured in the hanging position; must be measured 20 inches (50.8 cm) from
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the midpoint attachment. Two 8-inch (20.3- Subpart E—International Port Inspection cm) pieces of number 60 twine must be at- tached to the top and bottom of the 11-inch 635.50 Basis and purpose. (27.9-cm) cone hoop. The opposite ends of 635.51 Authorized officer. these two pieces of twine must be attached 635.52 Vessels subject to inspection. to the top and bottom center of the 24-inch 635.53 Reports. (61-cm) cable hoop; the points of attachment for the two pieces of twine must be measured Subpart F—Enforcement 4 inches (10.2 cm) from the points where they 635.69 Vessel monitoring systems. are tied to the 11-inch (27.9-cm) cone hoop. 635.70 Penalties. [62 FR 18539, Apr. 16, 1997, as amended at 64 635.71 Prohibitions. FR 37694, July 13, 1999] APPENDIX A TO PART 635—SPECIES TABLES
AUTHORITY: 16 U.S.C. 971 et seq.; 16 U.S.C. PART 635—ATLANTIC HIGHLY 1801 et seq. MIGRATORY SPECIES SOURCE: 64 FR 29135, May 28, 1999, unless otherwise noted. Subpart A—General Sec. Subpart A—General 635.1 Purpose and scope. 635.2 Definitions. § 635.1 Purpose and scope. 635.3 Relation to other laws. (a) The regulations in this part gov- 635.4 Permits and fees. ern the conservation and management 635.5 Recordkeeping and reporting. of Atlantic tunas, Atlantic billfish, At- 635.6 Vessel and gear identification. lantic sharks, and Atlantic swordfish 635.7 At-sea observer coverage. under the authority of the Magnuson- Stevens Act and ATCA. They imple- Subpart B—Limited Access ment the Fishery Management Plan for 635.16 Limited access permits. Atlantic Tunas, Swordfish, and Sharks, and the Fishery Management Plan for Subpart C—Management Measures Atlantic Billfishes. The Atlantic tunas regulations govern conservation and 635.20 Size limits. management of Atlantic tunas in the 635.21 Gear operation and deployment re- strictions. management unit. The Atlantic billfish 635.22 Recreational retention limits. regulations govern conservation and 635.23 Retention limits for BFT. management of Atlantic billfish in the 635.24 Commercial retention limits for management unit. The Atlantic sword- sharks and swordfish. fish regulations govern conservation 635.25 [Reserved] and management of North and South 635.26 Catch and release. Atlantic swordfish in the management 635.27 Quotas. unit. North Atlantic swordfish are 635.28 Closures. managed under the authority of both 635.29 Transfer at sea. ATCA and the Magnuson-Stevens Act. 635.30 Possession at sea and landing. South Atlantic swordfish are managed 635.31 Restrictions on sale and purchase. under the sole authority of ATCA. The 635.32 Specifically authorized activities. shark regulations govern conservation 635.33 Archival tags. 635.34 Adjustment of management meas- and management of sharks in the man- ures. agement unit, solely under the author- ity of the Magnuson-Stevens Act. Subpart D—Restrictions on Imports Sharks are managed under the author- ity of the Magnuson-Stevens Act. 635.40 Restrictions to enhance conservation. (b) Under section 9(d) of ATCA, 635.41 Species subject to documentation re- NMFS has determined that the regula- quirements. tions contained in this part with re- 635.42 Documentation requirements. 635.43 Contents of documentation. spect to Atlantic tunas are applicable 635.44 Validation requirements. within the territorial sea of the United 635.45 Import restrictions for Belize, Hon- States adjacent to, and within the duras, and Panama. boundaries of, the States of New Hamp- 635.46 Import restrictions on swordfish. shire, Massachusetts, Rhode Island, 635.47 Ports of entry. New York, New Jersey, Delaware,
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Maryland, Virginia, North Carolina, Caudal keel means the horizontal South Carolina, Georgia, Florida, Ala- ridges along each side of a fish at the bama, Louisiana and Texas, and the base of the tail fin. Commonwealths of Puerto Rico and CFL (curved fork length) means the the Virgin Islands. NMFS will under- length of a fish measured from the tip take a continuing review of State regu- of the upper jaw to the fork of the tail lations to determine if regulations ap- along the contour of the body in a line plicable to Atlantic tunas, swordfish or that runs along the top of the pectoral billfish are at least as restrictive as fin and the top of the caudal keel. regulations contained in this part and CK means the length of a fish meas- if such regulations are effectively en- ured along the body contour, i.e., a forced. In such case, NMFS will file curved measurement, from the point on with the Office of the Federal Register the cleithrum that provides the short- for publication notification of the basis est possible measurement along the for the determination and of the spe- body contour to the anterior portion of cific regulations that shall or shall not the caudal keel. The cleithrum is the apply in the territorial sea of the iden- semicircular bony structure at the pos- terior edge of the gill opening. tified State. Convention means the International § 635.2 Definitions. Convention for the Conservation of At- lantic Tunas, signed at Rio de Janeiro, In addition to the definitions in the Brazil, on May 14, 1966, 20 U.S.T. 2887, Magnuson-Stevens Act, ATCA, and TIAS 6767, including any amendments § 600.10 of this chapter, the terms used or protocols thereto, which are binding in this part have following meanings. If upon the United States. applicable, the terms used in this part Conventional tag means a numbered, supercede those used in § 600.10: flexible ribbon that is implanted or af- Archival tag means a device that is fixed to a fish that is released back implanted or affixed to a fish to elec- into the ocean that allows for the iden- tronically record scientific information tification of that fish in the event it is about the migratory behavior of that recaptured. fish. Dealer tag means the numbered, flexi- ATCA Certificate of Eligibility (COE) ble, self-locking ribbon issued by means the certificate that must ac- NMFS for the identification of BFT company any applicable shipment of sold to a permitted dealer as required fish pursuant to a finding under 16 under § 635.5(b)(2)(ii). U.S.C. 971d (c)(4) or (c)(5). Dehooking device means a device in- Atlantic HMS means Atlantic tunas, tended to remove a hook embedded in a billfish, sharks, and swordfish. fish in order to release the fish with Atlantic Ocean, as used in this part, minimum damage. includes the North and South Atlantic Designated by NMFS means the ad- dress or location indicated in a letter Oceans, the Gulf of Mexico, and the to permit holders or in a letter accom- Caribbean Sea. panying reporting forms. means the portion BFT landings quota Division Chief means the Chief, High- of the ICCAT BFT catch quota allo- ly Migratory Species Management Di- cated to the United States against vision, NMFS (F/SF1), 1315 East-West which landings of BFT are counted. Highway, Silver Spring, MD, 20910; (301) Billfish Certificate of Eligibility (COE) 713–2347. means a certificate that accompanies a Downrigger means a piece of equip- shipment of billfish indicating that the ment attached to a vessel and with a billfish or related species, or parts weight on a cable that is in turn at- thereof, are not from the respective At- tached to hook-and-line gear to main- lantic Ocean management units. tain lures or bait at depth while troll- BSD tag means a numbered tag af- ing. The downrigger has a release sys- fixed to a BFT issued by any country tem to retrieve the weight by rod and in conjunction with a catch statistics reel or by manual, electric, or hydrau- information program and recorded on a lic winch after a fish strike on the BSD. hook-and-line gear.
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Dress means to process a fish by re- Giant BFT means an Atlantic BFT moval of head, viscera, and fins, but measuring 81 inches (206 cm) CFL or does not include removal of the back- greater. bone, halving, quartering, or otherwise Handgear means handline, harpoon, further reducing the carcass. rod and reel or bandit gear. Dressed weight (dw) means the weight High-flyer means a flag, radar reflec- of a fish after it has been dressed. tor, or radio beacon transmitter at- EFP means an exempted fishing per- tached to a longline. mit issued pursuant to § 600.745 of this Highly migratory species (HMS) means chapter or to § 635.32. bluefin, bigeye, yellowfin, albacore, Eviscerated means a fish that has only and skipjack tunas; swordfish; sharks the alimentary organs removed. (listed in appendix A to this part); Export means a shipment to a des- white marlin; blue marlin; sailfish; and tination outside the customs territory longbill spearfish. of the United States for which a Ship- ILAP means an initial limited access per’s Export Declaration (Customs permit issued pursuant to § 635.4. Form 7525) is required. Atlantic HMS Import means the release of HMS destined from one foreign country to from a nation’s Customs’ custody and another, which transits the United entry into the territory of that nation. States and for which a Shipper’s Ex- HMS are imported into the United port Declaration is not required to be States upon release from U.S. Customs’ filed, is not an export under this defini- custody pursuant to filing an entry tion. summary document (Customs Form Exporter means the principal party 7501) or filing by any authorized elec- responsible for effecting export from tronic medium. HMS destined from one the United States as listed on the Ship- foreign country to another, which tran- per’s Export Declaration (Customs sit the United States and for which an Form 7525) or any authorized electronic entry summary is not required to be medium available from U.S. Customs. filed, are not an import under this defi- Finlet means one of the small indi- nition. vidual fins on a tuna located behind Importer, for the purpose of HMS im- the second dorsal and anal fins and for- ported into the United States, means ward of the tail fin. the importer of record as declared on First transaction in the United States U.S. Customs Form 7501 or by any au- means the time and place at which a thorized electronic medium. fish is filleted, cut into steaks, or proc- Intermediate country means a country essed in any way that physically alters that exports to another country HMS it after being landed in or imported previously imported by that nation. into the United States. Shipments of HMS through a country Fishing record means all records of on a through bill of lading or in an- navigation and operations of a fishing other manner that does not enter the vessel, as well as all records of catch- shipments into that country as an im- ing, harvesting, transporting, landing, portation do not make that country an purchasing, or selling a fish. intermediate country under this defini- Fishing vessel means any vessel en- tion. gaged in fishing, processing, or trans- LAP means a limited access permit porting fish loaded on the high seas, or issued pursuant to § 635.4. any vessel outfitted for such activities. Large coastal shark (LCS) means one Fishing year means— of the species, or a part thereof, listed (1) For Atlantic tunas, billfish, and in paragraph (a) of table 1 in appendix swordfish—June 1 through May 31 of A to this part. the following year; and Large medium BFT means a BFT (2) For sharks—January 1 through measuring at least 73 inches (185 cm) December 31. and less than 81 inches (206 cm) CFL. FL (fork length) means the straight- Large school BFT means a BFT meas- line measurement of a fish from the tip uring at least 47 inches (119 cm) and of the snout to the fork of the tail. The less than 59 inches (150 cm) CFL. measurement is not made along the LJFL (lower jaw-fork length) means curve of the body. the straight-line measurement of a fish
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from the tip of the lower jaw to the of the pectoral fin and the top of the fork of the caudal fin. The measure- caudal keel. ment is not made along the curve of Prohibited shark means one of the spe- the body. cies, or a part thereof, listed in para- Management unit means in this part: graph (d) of table 1 in appendix A to (1) For Atlantic tunas, longbill spear- this part. fish, blue marlin and white marlin, Restricted-fishing day (RFD) means a means all fish of these species in the day, beginning at 0000 hours and ending Atlantic Ocean; at 2400 hours local time, during which (2) For sailfish, means all fish of this a person aboard a vessel for which a species in the Atlantic Ocean west of General category permit for Atlantic 30° W. long.; Tunas has been issued may not fish for, (3) For North Atlantic swordfish, possess, or retain a BFT. means all fish of this species in the At- Ridgeback large coastal shark means lantic Ocean north of 5° N. lat.; one of the species, or a part thereof, (4) For South Atlantic swordfish, listed in paragraph (a)(1) of table 1 in means all fish of this species in the At- appendix A to this part. lantic Ocean south of 5° N. lat.; and School BFT means a BFT measuring at least 27 inches (69 cm) and less than (5) For sharks, means all fish of these 47 inches (119 cm) CFL. species in the western north Atlantic Shark means one of the oceanic spe- Ocean, including the Gulf of Mexico cies, or a part thereof, listed in tables and the Caribbean Sea. 1 and 2 in appendix A to this part. Mid-Atlantic Bight means the area Small coastal shark (SCS) means one of bounded by straight lines connecting the species, or a part thereof, listed in the mid-Atlantic states’ internal wa- paragraph (b) of table 1 in appendix A ters and extending to 71° W. long. be- to this part. tween 35° N. lat. and 43° N. lat. Small medium BFT means a BFT Non-ridgeback large coastal shark measuring at least 59 inches (150 cm) means one of the species, or a part and less than 73 inches (185 cm) CFL. thereof, listed in paragraph (a)(2) of South Atlantic swordfish or south At- table 1 in appendix A to this part. lantic swordfish stock means those North Atlantic swordfish or North At- swordfish occurring in the Atlantic lantic swordfish stock means those Ocean south of 5° N. lat. swordfish occurring in the Atlantic Swordfish Certificate of Eligibility ° Ocean north of 5 N. lat. (COE) means the certificate that ac- Northeastern United States closed area companies a shipment of imported means the area bounded by straight swordfish indicating that the swordfish lines connecting the following coordi- or swordfish parts are not from the At- nates in the order stated: 40°00′ N. lat., lantic Ocean or, if they are, are derived 74°00′ W. long.; 40°00′ N. lat., 68°00′ W. from a swordfish weighing more than long.; 39°00′ N. lat., 68°00′ W. long.; and 33 lb (15 kg) dw. 39°00′ N. lat., 74°00′ W. long. Tournament means any fishing com- Operator, with respect to any vessel, petition involving Atlantic HMS in means the master or other individual which participants must register or aboard and in charge of that vessel. otherwise enter or in which a prize or Pectoral fin means the fin located be- award is offered for catching or landing hind the gill cover on either side of a such fish. fish. Tournament operator means a person Pelagic shark means one of the spe- or entity responsible for maintaining cies, or a part thereof, listed in para- records of participants and results used graph (c) of table 1 in appendix A to for awarding tournament points or this part. prizes, regardless of whether fish are PFCFL (pectoral fin curved fork retained. length) means the length of a beheaded Trip limit means the total allowable fish from the dorsal insertion of the take from a single trip as defined in pectoral fin to the fork of the tail § 600.10 of this chapter. measured along the contour of the Weighout slip means a document pro- body in a line that runs along the top vided to the owner or operator of the
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vessel by a person who weighs fish or reational fishing, and to fish for, take, parts thereof that are landed from a retain or possess Atlantic swordfish or fishing vessel. A document, such as a sharks when engaged in commercial ‘‘tally sheet,’’ ‘‘trip ticket,’’ or ‘‘sales fishing. The vessel operator and must receipt,’’ that contains such informa- make such permit available for inspec- tion is considered a weighout slip. tion upon request by NMFS or a person Young school BFT means an Atlantic authorized by NMFS. The owner of the BFT measuring less than 27 inches (69 vessel is responsible for satisfying all cm) CFL. of the requirements associated with ob- taining, maintaining, and making § 635.3 Relation to other laws. available for inspection, all valid vessel (a) The relation of this part to other permits. laws is set forth in § 600.705 of this (3) Property rights. Limited access chapter and in paragraphs (b) and (c) of vessel permits or any other permit this section. issued pursuant to this part do not rep- (b) In accordance with regulations resent either an absolute right to the issued under the Marine Mammal Pro- resource or any interest that is subject tection Act of 1972, as amended, it is to the takings provision of the Fifth unlawful for a commercial fishing ves- Amendment of the U.S. Constitution. sel, a vessel owner, or a master or oper- Rather, limited access vessel permits ator of a vessel to engage in fisheries represent only a harvesting privilege for HMS in the Atlantic Ocean, unless that may be revoked, suspended, or the vessel owner or authorized rep- amended subject to the requirements of resentative has complied with specified the Magnuson-Stevens Act or other ap- requirements including, but not lim- plicable law. ited to, registration, exemption certifi- (4) Dealer permit inspection. A dealer cates, decals, and reports, as contained permit issued under this section, or a in part 229 of this title. copy thereof, must be available at each (c) General provisions on facilitation of the dealer’s places of business. A of enforcement, penalties, and enforce- dealer must present the permit or a ment policy applicable to all domestic copy for inspection upon the request of fisheries are set forth in §§ 600.730, a NMFS-authorized officer. 600.735, and § 600.740 of this chapter, re- spectively. (5) Display upon offloading. Upon (d) An activity that is otherwise pro- transfer of Atlantic HMS, the owner or hibited by this part may be conducted operator of the harvesting vessel must if authorized as scientific research ac- present for inspection the vessel’s At- tivity, exempted fishing, or exempted lantic tunas, shark, or swordfish per- educational activity, as specified in mit to the receiving dealer. The permit § 635.32. must be presented prior to completing any applicable landing report specified § 635.4 Permits and fees. at § 635.5(a)(1), (a)(2) and (b)(2)(i). Information on permits and permit (6) Sanctions and denials. A permit requirements may be obtained from the issued under this section may be re- Division Chief or where otherwise stat- voked, suspended, or modified, and a ed in this part. permit application may be denied, in (a) General. (1) Authorized activities. accordance with the procedures gov- Each permit issued by NMFS author- erning enforcement-related permit izes certain activities, and persons may sanctions and denials found at subpart not conduct these activities without D of 15 CFR part 904. the appropriate permit, unless other- (7) Alteration. A vessel or dealer per- wise authorized by NMFS in accord- mit that is altered, erased, mutilated, ance with this part. or otherwise modified is invalid. (2) Vessel permit inspection. The owner (8) Replacement. NMFS may issue a or operator of a vessel of the United replacement permit upon the request of States must have the appropriate valid the permittee. An application for a re- permit on board the vessel to fish for, placement permit will not be consid- take, retain, or possess Atlantic tunas, ered a new application. An appropriate when engaged in commercial or rec- fee, consistent with paragraph (b) of
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this section, may be charged for HMS Charter/Headboat permit. Persons issuance of the replacement permit. may not sell Atlantic tunas caught on (9) Fees. NMFS may charge a fee for board a vessel issued a permit in the each application for a permit or for Angling category. each transfer or replacement of a per- (3) Except for purse seine vessels for mit. The amount of the fee is cal- which that permit has been issued culated in accordance with the proce- under this section, a vessel owner may dures of the NOAA Finance Handbook, change the category of the vessel’s per- available from NMFS, for determining mit no more than once each year and administrative costs of each special only from January 1 through May 15. product or service. The fee may not ex- From May 16 through December 31, the ceed such costs and is specified in the vessel’s permit category may not be instructions provided with each appli- changed, regardless of a change in the cation form. Each applicant must in- vessel’s ownership. clude the appropriate fee with each ap- (4) A person can obtain an Atlantic plication or request for transfer or re- Tunas Longline category permit for a placement. A permit will not be issued vessel only if the vessel has been issued to anyone who fails to pay the fee. both a limited access permit for shark (b) HMS Charter/Headboat Permits. (1) and a limited access permit for sword- The owner of a charter boat or fish. NMFS will issue Atlantic Tunas headboat used to fish for, take, retain, Longline category permits to quali- or possess any Atlantic HMS must ob- fying vessels in calendar year 1999. tain an HMS Charter/Headboat permit. Thereafter, such permits may be ob- (2) While persons aboard a vessel that tained through transfer from current has been issued an HMS Charter/ owners consistent with the provisions Headboat permit are fishing for or are under paragraph (l)(2) of this section. in possession of Atlantic HMS, the op- (5) An owner of a vessel with an At- erator of the vessel must have a valid lantic Tunas permit in the Purse Seine Merchant Marine License or category may transfer the permit to Uninspected Passenger Vessel License, another purse seine vessel that he or as applicable, issued by the U.S. Coast she owns. In either case, the owner Guard pursuant to regulations at 46 must submit a written request for CFR part 10. Such Coast Guard license transfer to NMFS, to an address des- must be carried on board the vessel. ignated by NMFS, and attach an appli- (c) [Reserved] cation for the new vessel and the exist- (d) Atlantic Tunas vessel permits. (1) ing permit. NMFS will issue no more The owner of each vessel used to fish than 5 Atlantic Tunas Purse Seine cat- for or take Atlantic tunas or on which egory permits. Atlantic tunas are retained or pos- (e) Shark vessel LAPs. (1) As of July 1, sessed must obtain, in addition to any 1999, the only valid Federal commercial other required permits, a permit in one vessel permits for shark are those that and only one of the following cat- have been issued under the limited ac- egories: Angling, Charter/Headboat, cess criteria specified in § 635.16. General, Harpoon, Longline, Purse (2) The owner of each vessel used to Seine, or Trap. fish for or take Atlantic sharks or on (2) Persons aboard a vessel with a which Atlantic sharks are retained, valid Atlantic Tunas vessel permit or a possessed with an intention to sell, or valid HMS Charter/Headboat permit sold must obtain, in addition to any may fish for, take, retain, or possess other required permits, only one of two Atlantic tunas, but only in compliance types of commercial limited access with the quotas, catch limits, size shark permits: Shark directed limited classes, and gear applicable to the per- access permit or shark incidental lim- mit category of the vessel from which ited access permit. See § 635.16 regard- he or she is fishing. Persons may sell ing the initial issuance of these two Atlantic tunas only if the harvesting types of permits. It is a rebuttable pre- vessel’s valid permit is in the General, sumption that the owner or operator of Harpoon, Charter/Headboat, Longline, a vessel on which sharks are possessed Purse Seine, or Trap category of the in excess of the recreational retention Atlantic Tunas permit or is a valid limits intends to sell the sharks.
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(3) A commercial limited access per- bluefin tuna, regardless of ocean area mit for sharks is not required if the of origin, must possess a valid dealer vessel is recreational fishing and re- permit. tains no more sharks than the rec- (2) Shark. A person that receives, pur- reational retention limit, is operating chases, trades for, or barters for Atlan- pursuant to the conditions of a shark tic sharks from a fishing vessel of the EFP, or that fishes exclusively within United States must possess a valid state waters. dealer permit. (4) An owner issued a permit pursu- (3) Swordfish. A person that receives, ant to this part must agree, as a condi- purchases, trades for, or barters for At- tion of such permit, that the vessel’s lantic swordfish from a fishing vessel shark fishing, catch, and gear are sub- of the United States or who imports ject to the requirements of this part swordfish, regardless of origin, must during the period of validity of the per- possess a valid dealer permit. Importa- mit, without regard to whether such tion of swordfish by nonresident cor- fishing occurs in the EEZ, landward of porations is restricted to those entities the EEZ, or outside the EEZ, and with- authorized under 19 CFR 141.18. out regard to where such shark or gear (h) Applications for permits. An owner are possessed, taken, or landed. How- of a vessel or a dealer must submit to ever, when a vessel fishes in the waters NMFS, at an address designated by of a state that has more restrictive NMFS, a complete application and re- regulations on shark fishing, persons quired supporting documents at least aboard the vessel must abide by the 30 days before the date on which the state’s more restrictive regulations. permit is to be made effective. Applica- (f) Swordfish vessel LAPs. tion forms and instructions for their (1) The owner of each vessel used to completion are available from NMFS. fish for or take Atlantic swordfish or on which Atlantic swordfish are re- (1) Atlantic tunas vessel permits. (i) An tained, possessed with an intention to applicant must provide all information sell, or sold must obtain, in addition to concerning his or her identification, any other required permits, only one of vessel, gear used, fishing areas, fish- three types of commercial limited ac- eries participated in, the corporation cess swordfish permits: swordfish di- or partnership owning the vessel, and rected limited access permit, swordfish income requirements requested by incidental limited access permit, or NMFS and included on the application swordfish handgear limited access per- form. mit. See § 635.16 regarding the initial (ii) An applicant must also submit a issuance of these three types of per- copy of the vessel’s valid U.S. Coast mits. Guard documentation or, if not docu- (2) As of July 1, 1999, the only valid mented, a copy of its valid state reg- commercial Federal vessel permits for istration and any other information swordfish are those that have been that may be necessary for the issuance issued under the limited access criteria or administration of the permit as re- specified in § 635.16. quested by NMFS. The owner must (3) A commercial Federal permit for submit such information to an address swordfish is not required if the vessel is designated by NMFS. recreational fishing. (iii) NMFS may require an applicant (4) Unless the owner has been issued to provide documentation supporting a swordfish handgear permit, a limited the application before a permit is access permit for swordfish is valid issued or to substantiate why such per- only when the vessel has on board a mit should not be revoked or otherwise valid limited access permit for shark sanctioned under paragraph (a)(7) of and a valid Atlantic Tunas Longline this section. category permit issued for such vessel. (2) Limited access permits for swordfish (g) Dealer permits—(1) Atlantic tunas. and shark. See § 635.16 for the issuance A person that receives, purchases, of ILAPs for shark and swordfish. See trades for, or barters for Atlantic tunas paragraph (l) of this section for trans- from a fishing vessel of the United fers of ILAPs and LAPs for shark and States or who imports or exports swordfish. See paragraph (m) of this
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section for renewals of LAPs for shark correct the deficiency within 30 days and swordfish. following the date of notification, the (3) Dealer permits. (i) An applicant for application will be considered aban- a dealer permit must provide all the in- doned. formation requested on the application (3) For issuance of ILAPs for shark form necessary to identify the com- and swordfish, see § 635.16. pany, its principal place of business, (k) Duration. A permit issued under and mechanisms by which the company this section will be valid for the period can be contacted. specified on it unless it is revoked, sus- (ii) An applicant must also submit a pended, or modified pursuant to sub- copy of each state wholesaler’s license part D of 15 CFR part 904, the vessel or held by the dealer and, if a business is dealership is sold, or any other infor- owned by a corporation or partnership, mation previously submitted on the ap- the corporate or partnership docu- plication changes, as specified in para- ments requested on the application graph (i) of this section. form. (l) Transfer—(1) General. A permit (iii) An applicant must also submit issued under this section is not trans- any other information that may be ferable or assignable to another vessel necessary for the issuance or adminis- or owner or dealer; it is valid only for tration of the permit, as requested by the vessel or owner or dealer to whom NMFS. it is issued. If a person acquires a ves- (i) Change in application information. sel or dealership and wants to conduct A vessel owner or dealer must report activities for which a permit is re- any change in the information con- quired, that person must apply for a tained in an application for a permit within 30 days after such change. The permit in accordance with the provi- report must be submitted in writing to sions of paragraph (h) of this section NMFS, to an address designated by or, if the acquired vessel is permitted NMFS with the issuance of each per- in either the shark, swordfish or tuna mit. In the case of a vessel permit for longline fishery, in accordance with Atlantic tunas or an HMS Charter/ paragraph (l)(2) of this section. If the Headboat permit, the vessel owner or acquired vessel or dealership is cur- operator must report the change by rently permitted, an application must phone or internet to a number or be accompanied by the original permit website designated by NMFS. A new and by a copy of a signed bill of sale or permit will be issued to incorporate the equivalent acquisition papers. new information, subject to limited ac- (2) Shark, swordfish, and tuna longline cess provisions specified in paragraph LAPs. (i) Subject to the restrictions on (l)(2) of this section. For certain infor- upgrading the harvesting capacity of mation changes, NMFS may require permitted vessels in paragraph (l)(2)(ii) supporting documentation before a new of this section and to the limitations permit will be issued. If a change in the on ownership of permitted vessels in permit information is not reported paragraph (l)(2)(iii) of this section, an within 30 days, the permit is void as of owner may transfer a shark or sword- the 31st day after such change. fish ILAP or LAP or an Atlantic Tunas (j) Permit issuance. (1) NMFS will Longline category permit to another issue a permit within 30 days of receipt vessel that he or she owns or to an- of a complete and qualifying applica- other person. Directed handgear ILAPs tion. An application is complete when and LAPs for swordfish may be trans- all requested forms, information, and ferred to another vessel but only for documentation have been received, in- use with handgear and subject to the cluding all reports and fishing or catch upgrading restrictions in paragraph information required to be submitted (l)(2)(ii) of this section and the limita- under this part. tions on ownership of permitted vessels (2) NMFS will notify the applicant of in paragraph (l)(2)(iii) of this section. any deficiency in the application, in- Incidental catch ILAPs and LAPs are cluding failure to provide information not subject to the requirements speci- or reports required to be submitted fied in paragraphs (l)(2)(ii) and (l)(2)(iii) under this part. If the applicant fails to of this section.
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(ii) An owner may upgrade a vessel The owner must return the current with a shark, swordfish, or tuna valid limited access permit to NMFS longline limited access permit, or with a complete application for a lim- transfer the limited access permit to ited access permit, as specified in para- another vessel, and be eligible to retain graph (h) of this section, for the re- or renew a limited access permit only placement vessel. Copies of both ves- if the upgrade or transfer does not re- sels’ U.S. Coast Guard documentation sult in an increase in horsepower of or state registration must accompany more than 20 percent or an increase of the application. more than 10 percent in length overall, (v) For swordfish, shark, and tuna gross registered tonnage, or net ton- longline limited access permit trans- nage from the vessel baseline specifica- fers to a different person, the trans- tions. feree must submit a request to NMFS, (A) The vessel baseline specifications at an address designated by NMFS, to are the respective specifications transfer the original limited access (length overall, gross registered ton- permit(s), subject to requirements nage, net tonnage, horsepower) of the specified in paragraphs (l)(2)(ii) and first vessel that was issued an initial (l)(2)(iii) of this section, if applicable. limited access permit or, if applicable, The following must accompany the of that vessel’s replacement owned as completed application: The original of May 28, 1999. limited access permit(s) with signa- (B) The vessel’s horsepower may be tures of both parties to the transaction increased only once subsequent to the on the back of the permit(s) and the issuance of a limited access permit, bill of sale for the permit(s). A person whether through refitting, replace- must include copies of both vessels’ ment, or transfer. Such an increase U.S. Coast Guard documentation or may not exceed 20 percent of the horse- state registration for limited access power of the vessel’s baseline specifica- permit transfers involving vessels. tions, as applicable. (vi) For limited access permit trans- (C) The vessel’s length overall, gross fers in conjunction with the sale of the registered tonnage, and net tonnage permitted vessel, the transferee of the may be increased only once subsequent vessel and limited access permit(s) to the issuance of a limited access per- issued to that vessel must submit a re- mit, whether through refitting, re- quest to NMFS, at an address des- placement, or transfer. Any increase in ignated by NMFS, to transfer the lim- any of these three specifications of ves- ited access permit(s), subject to re- sel size may not exceed 10 percent of quirements specified in paragraphs the vessel’s baseline specifications, as (l)(2)(ii) and (l)(2)(iii) of this section, if applicable. If any of these three speci- applicable. The following must accom- fications is increased, any increase in pany the completed application: The the other two must be performed at the original limited access permit(s) with same time. This type of upgrade may signatures of both parties to the trans- be done separately from an engine action on the back of the permit(s), the horsepower upgrade. bill of sale for the limited access per- (iii) No person or entity may own or mit(s) and the vessel, and a copy of the control more than 5 percent of the ves- vessel’s U.S. Coast Guard documenta- sels for which swordfish directed, shark tion or state registration. directed or tuna longline limited ac- (vii) The owner of a vessel issued a cess permits have been issued. limited access permit(s) who sells the (iv) In order to transfer a swordfish, permitted vessel but retains the lim- shark or tuna longline limited access ited access permit(s) must notify permit to a replacement vessel, the NMFS within 30 days after the sale of owner of the vessel issued the limited the change in application information access permit must submit a request to in accordance with paragraph (i) of this NMFS, at an address designated by section. If the owner wishes to transfer NMFS, to transfer the limited access the limited access permit(s) to a re- permit to another vessel, subject to re- placement vessel, he/she must apply quirements specified in paragraph according to the procedures in para- (l)(2)(ii) of this section, if applicable. graph (l)(2)(iv) of this section.
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(viii) As specified in paragraph (f)(4) access permit(s) issued pursuant to the of this section, a directed or incidental requirements in § 635.4, paragraphs (e) ILAP or LAP for swordfish, a directed and (f). However, any ILAP that ex- or an incidental catch ILAP or LAP for pires on June 30, 2000, is valid through shark, and an Atlantic Tunas commer- that date. Only valid limited access cial category permit are required to re- permit holders in the preceding year tain swordfish. Accordingly, a LAP for are eligible for renewal of a limited ac- swordfish obtained by transfer without cess permit(s). Limited access permits either a directed or incidental catch that have been transferred according to shark LAP or an Atlantic tunas com- the procedures of paragraph (l) of this mercial category permit will not enti- section are not eligible for renewal by tle an owner or operator to use a vessel the transferor. to fish in the swordfish fishery. [64 FR 29135, May 28, 1999, as amended at 64 (ix) As specified in paragraph (d)(4) of FR 37703, July 13, 1999] this section, a directed or incidental EFFECTIVE DATE NOTE: At 64 FR 29137, May ILAP or LAP for swordfish, a directed 28, 1999, § 635.4 was added. Paragraph (b) has or an incidental catch ILAP or LAP for information collection requirements and will shark, and an Atlantic Tunas Longline not become effective until Office of Manage- category permit are required to retain ment and Budget approval. Atlantic tunas taken by pelagic longline gear. Accordingly, an Atlantic § 635.5 Recordkeeping and reporting. Tunas Longline category permit ob- Information on HMS vessel and deal- tained by transfer without either a di- er reporting requirements may be ob- rected or incidental catch swordfish or tained from the Division Chief or where shark LAP will not entitle an owner or otherwise stated in this part. operator to use the permitted vessel to (a) Vessels—(1) Logbooks. If an owner fish in the Atlantic tunas fishery with of an HMS Charter/Headboat vessel, an pelagic longline gear. Atlantic Tunas vessel, or a commercial (m) Renewal—(1) General. Persons shark or swordfish vessel, for which a must apply annually for a vessel or permit has been issued under § 635.4(c), dealer permit for Atlantic tunas, (d), (e), or (f), is selected for logbook sharks, and swordfish, and HMS Char- reporting in writing by NMFS, he or ter/Headboats. Persons must apply an- she must maintain and submit a fish- nually for an Atlantic tunas or HMS ing record on a logbook specified by Charter/headboat vessel permit. A re- NMFS. Entries are required regarding newal application must be submitted the vessel’s fishing effort and the num- to NMFS, at an address designated by ber of fish landed and discarded. En- NMFS, at least 30 days before a per- tries on a day’s fishing activities must mit’s expiration to avoid a lapse of per- be entered on the form within 48 hours mitted status. NMFS will renew a per- of completing that day’s activities and, mit provided that the specific require- for a 1-day trip, before offloading. The ments for the requested permit are owner or operator of the vessel must met, including those described in § 635.4 submit the logbook form(s) post- (l)(2), all reports required under the marked within 7 days of offloading all Magnuson-Stevens Act and ATCA have Atlantic HMS. been submitted, including those de- (2) Weighout slips. If an owner of a scribed in § 635.5, and the applicant is permitted vessel is required to main- not subject to a permit sanction or de- tain and submit logbooks under para- nial under paragraph (a)(6) of this sec- graph (a)(1) of this section, and Atlan- tion. tic HMS harvested on a trip are sold, (2) Shark, swordfish, and tuna longline the owner or operator must obtain and LAPs. As of June 1, 2000, the owner of a submit copies of weighout slips for vessel of the United States that fishes those fish. Each weighout slip must for, possesses, lands or sells shark or show the dealer to whom the fish were swordfish from the management unit, transferred, the date they were trans- or takes or possesses such shark or ferred, and the carcass weight of each swordfish as incidental catch or that fish for which individual weights are fishes for Atlantic tunas with longline normally recorded. For fish that are gear must have the applicable limited not individually weighed, a weighout
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slip must record total weights by spe- ports of such fish received on the 16th cies and market category. A weighout through the last day of each month slip for sharks prior to or as part of a must be postmarked not later than the commercial transaction involving 10th of the following month. For sword- shark carcasses or fins must record the fish imports, a dealer must attach a weights of carcasses and any detached copy of each certificate of eligibility to fins. The owner or operator must also the report required under paragraph submit copies of weighout slips with (b)(1)(i) of this section. If a dealer has the logbook forms required to be sub- not received Atlantic swordfish or At- mitted under paragraph (a)(1) of this lantic sharks from U.S. vessels, during section. a reporting period, he or she must sub- (3) BFT not sold. If a person who mit a report to NMFS, to an address catches and lands a large medium or designated by NMFS so stating, and giant BFT from a vessel issued a per- the report must be postmarked as spec- mit in any of the commercial cat- ified for the reporting period. A nega- egories for Atlantic tunas does not sell tive report is not necessary for Atlan- or otherwise transfer the BFT to a tic swordfish imports. dealer who has a dealer permit for At- (iv) The reporting requirement of lantic tunas, the person must contact a paragraph (b)(1)(i) of this section may NMFS enforcement agent, at a number be satisfied by a dealer if he or she pro- designated by NMFS, at the time of vides a copy of each appropriate landing such BFT, provide the informa- weighout slip or sales record, provided tion needed for the reports required such weighout slip or sales record by under paragraph (b)(2)(i) of this sec- itself or combined with the form avail- tion, and, if requested, make the tuna able from NMFS includes all of the re- available so that a NMFS enforcement quired information and identifies each agent or authorized officer may inspect fish by species. the fish and attach a tag to it. Alter- natively, such reporting requirement (v) The dealer may mail or fax such may be fulfilled if a dealer who has a report to an address designated by dealer permit for Atlantic tunas re- NMFS or may hand-deliver such report ports the BFT as being landed but not to a state or Federal fishery port agent sold on the reports required under designated by NMFS. If the dealer paragraph (b)(2)(i) of this section. All hand-delivers the report to a port BFT landed but not sold will be applied agent, a dealer must deliver such re- to the quota category according to the port no later than the prescribed post- permit category of the vessel from mark date for the reporting period. which it was landed. (2) Requirements for BFT—(i) Reports (b) Dealers. Persons who have been of BFT. Each dealer must submit a issued a dealer permit under § 635.4 completed landing report on each BFT must submit reports to NMFS, to an received, to NMFS, at an address des- address designated by NMFS, and ignated by NMFS, by electronic fac- maintain records as follows: simile (fax) not later than 24 hours (1) Atlantic HMS. (i) Dealers that re- from receipt of the fish. The landing re- ceive Atlantic swordfish and Atlantic port must be signed by the permitted sharks from U.S. vessels must report vessel’s owner or operator immediately all Atlantic tunas (including BFT), At- upon transfer of the fish and must indi- lantic swordfish and Atlantic sharks cate the name and permit number of received from U.S. vessels on a form the vessel that landed the fish. The available from NMFS. dealer must inspect the vessel’s permit (ii) Dealers must report all imports to verify that the required vessel name of BFT and swordfish on forms avail- and vessel permit number as listed on able from NMFS. the permit are correctly recorded on (iii) Reports of Atlantic swordfish the landing report. The dealer must and shark dealers, including reports of also submit a bi-weekly report on imported swordfish and bluefin tuna, forms supplied by NMFS for transfers received on the first through the 15th from U.S. vessels and for imports of of each month must be postmarked no BFT. For BFT received on the first later than the 25th of that month. Re- through the 15th of each month, the
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dealer must submit the bi-weekly re- clude such methodologies as telephone, port forms to NMFS postmarked no dockside or mail surveys, mail in or later than the 25th of that month. Re- phone-in reports, tagging programs, or ports of receipt of such BFT received mandatory check-in stations. A census on the 16th through the last day of or a statistical sample of persons fish- each month must be postmarked not ing under the Angling category may be later than the 10th of the following used for these alternative reporting month. programs, and owners of selected ves- (ii) Dealer Tags. NMFS will issue sels will be notified by NMFS or by the numbered dealer tags to each person cooperating state agency of the re- issued a dealer permit for Atlantic quirements and procedures for report- tunas under § 635.4. A dealer tag is not ing BFT. Each person so notified must transferable and is usable only by the comply with those requirements and dealer to whom it is issued. Dealer tags procedures. Additionally, NMFS may may not be reused once affixed to a determine that BFT landings reporting tuna or recorded on a package, con- systems implemented by the states, if tainer, or report. mandatory, at least as restrictive, and (A) Affixing dealer tags. A dealer or a effectively enforced, are sufficient for dealer’s agent must affix a dealer tag Angling category quota monitoring. In to each BFT purchased or received im- such case, NMFS will file with the Of- mediately upon its offloading from a fice of the Federal Register for publica- vessel. The dealer or dealer’s agent tion notification indicating that com- must affix the tag to the tuna between pliance with the state system satisfies the fifth dorsal finlet and the caudal the reporting requirement of this para- keel. graph (c). (B) Removal of dealer tags. A dealer (d) Tournament operators. A tour- tag affixed to any BFT under para- nament operator must notify NMFS of graph (b)(2)(ii)(A) of this section or a the purpose, dates, and location of the BSD tag affixed to an imported BFT tournament conducted from a port in must remain on the tuna until the tuna an Atlantic coastal state, including the is cut into portions. If the BFT or BFT U.S. Virgin Islands and Puerto Rico, at parts subsequently are packaged for least 4 weeks prior to commencement transport for domestic commercial use of the tournament. NMFS will notify a or for export, the dealer or the BSD tag tournament operator in writing, when number must be written legibly and in- his or her tournament has been se- delibly on the outside of any package lected for reporting. The tournament or container. Such tag number must be operator that is selected must main- recorded on any document accom- tain and submit to NMFS a record of panying shipment of BFT for commer- catch and effort on forms available cial use or export. from NMFS. Tournament operators (3) Recordkeeping. Dealers must re- must submit completed forms to tain at their place of business a copy of NMFS, at an address designated by each written report required under NMFS, postmarked no later than the paragraphs (b)(1)(i) through (b)(1)(iii) 7th day after the conclusion of the and paragraph (b)(2)(i) of this section tournament and must attach a copy of for a period of 2 years from the date on the tournament rules. which each report was required to be (e) Inspection. Any person authorized submitted. to carry out enforcement activities (c) Anglers. The owner of a vessel per- under the regulations in this part has mitted in the Atlantic tunas Angling the authority, without warrant or or Atlantic tunas or HMS Charter/ other process, to inspect, at any rea- Headboat category must report all BFT sonable time, catch on board a vessel landed under the Angling category or on the premises of a dealer, quota to NMFS through the automated logbooks, catch reports, statistical catch reporting system by calling 1-888- records, sales receipts, or other records USA-TUNA within 24 hours of the land- and reports required by this part to be ing. Alternative BFT reporting proce- made, kept, or furnished. An owner or dures may be established by NMFS in operator of a fishing vessel that has cooperation with states and may in- been issued a permit under § 635.4 must
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allow NMFS or an authorized person to other material on board obstructs the inspect and copy any required reports view of the vessel’s number from an en- and the records, in any form, on which forcement vessel or aircraft. the completed reports are based, wher- (c) Gear identification. (1) The owner ever they exist. An agent of a person or operator of a vessel for which a per- issued a vessel or dealer permit under mit has been issued under § 635.4 and this part, or anyone responsible for off- that uses a handline, harpoon, longline, loading, storing packing, or selling reg- or gillnet, must display the vessel’s ulated HMS for such permittee, shall name, registration number or Atlantic be subject to the inspection provisions Tunas permit number on each float at- of this section. tached to a handline or harpoon and on (f) Additional data and inspection. Ad- the terminal floats and high-flyers (if ditional data on fishing effort directed applicable) on a longline or gillnet used at Atlantic HMS or on catch of Atlan- by the vessel. The vessel’s name or tic HMS, regardless of whether re- number must be at least 1 inch (2.5 cm) tained, may be collected by contractors in height in block letters or arabic nu- and statistical reporting agents, as des- merals in a color that contrasts with ignees of NMFS, and by authorized offi- the background color of the float or cers. A person issued a permit under high-flyer. § 635.4 is required to provide requested information about fishing activity, and (2) An unmarked handline, harpoon, a person, regardless of whether issued a longline, or gillnet, is illegal and may permit under § 635.4, who possesses an be disposed of in an appropriate man- Atlantic HMS is required to make such ner by NMFS or an authorized officer. fish or parts thereof available for in- (3) In addition to gear marking re- spection by NMFS or its designees quirements in this paragraph (c)(1), upon request. provisions on gear marking for the southeast U.S. shark gillnet fishery to [64 FR 29135, May 28, 1999, as amended at 64 implement the Atlantic Large Whale FR 37704, July 13, 1999] Take Reduction Plan are set forth in § 635.6 Vessel and gear identification. § 229.32(b) of this title. (a) Vessel number. For the purposes of § 635.7 At-sea observer coverage. this section, a vessel’s number is the vessel’s official number issued by ei- (a) Applicability. NMFS may select for ther by the U.S. Coast Guard or by the observer coverage any vessel that has appropriate state agency. an Atlantic HMS, tunas, shark or (b) Vessel identification. (1) An owner swordfish permit issued under § 635.4. or operator of a vessel for which a per- Vessels permitted in the HMS Charter/ mit has been issued under § 635.4 must Headboat and Atlantic Tunas Angling display the vessel’s number– and Charter/Headboat categories will (i) On the port and starboard sides of be requested to take observers on a vol- the deckhouse or hull and on an appro- untary basis. When selected, vessels priate weather deck, so as to be clearly issued any other permit under § 635.4 visible from an enforcement vessel or are required to take observers on a aircraft. mandatory basis. (ii) In block arabic numerals perma- (b) Selection of vessels. NMFS will no- nently affixed to or painted on the ves- tify a vessel owner, in writing, when sel in contrasting color to the back- his or her vessel is selected for observer ground. coverage. Vessels will be selected to (iii) At least 18 inches (45.7 cm) in provide information on catch, bycatch height for vessels over 65 ft (19.8 m) and other fishery data according to the long and at least 10 inches (25.4 cm) in need for representative samples. height for all other vessels. (c) Notification of trips. The owner or (2) The owner or operator of a vessel operator of a vessel that is selected for which a permit has been issued under paragraph (b) of this section under § 635.4 must keep the vessel’s must notify NMFS, at an address des- number clearly legible and in good re- ignated by NMFS, before commencing pair and ensure that no part of the ves- any fishing trip that may result in the sel, its rigging, its fishing gear, or any incidental catch or harvest of Atlantic
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HMS. Notification procedures and in- the catch and distribution of fish for formation requirements such as ex- that trip. pected gear deployment, trip duration [64 FR 29135, May 28, 1999, as amended at 64 and fishing area will be specified in a FR 37704, July 13, 1999] selection letter sent by NMFS. (d) Assignment of observers. Once noti- Subpart B–Limited Access fied of a trip, NMFS will assign an ob- server for that trip based on current in- § 635.16 Limited access permits. formation needs relative to the ex- As of July 1, 1999, the only valid com- pected catch and bycatch likely to be mercial vessel permits for shark and associated with the indicated gear de- swordfish are those that have been ployment, trip duration and fishing issued under the limited access criteria area. If an observer is not assigned for specified in this section. If the Federal a fishing trip, NMFS will issue a waiv- commercial shark permit issued to the er for that trip to the owner or oper- vessel owner prior to July 1, 1999, was ator of the selected vessel. If an ob- based on the qualifications of the oper- server is assigned for a trip, the oper- ator, then a shark limited access per- ator of the selected vessel must ar- mit will be issued to the qualifying ves- range to embark the observer and shall sel owner, subject to the provisions in not fish for or retain any Atlantic HMS this part, with the requirement that unless the NMFS-assigned observer is the operator must be on board the ves- aboard. Notwithstanding the above sel to fish for, take, retain, or possess procedures for assignment or waiver, at Atlantic sharks in state or Federal wa- no time shall a person aboard a vessel ters. This requirement expires May 30, issued a directed shark ILAP or LAP 2000. under § 635.4 fish for Atlantic sharks (a) Eligibility requirements for ILAPs— with a gillnet or possess sharks on (1) Directed permits. To be eligible for a board a vessel issued a directed shark directed ILAP in the shark or sword- ILAP or LAP with a gillnet on board fish fishery, a vessel owner must dem- unless a NMFS-approved observer is onstrate past participation in the re- aboard the vessel. spective fishery by having— (e) Requirements. The owner or oper- (i) Been the owner of a vessel that ator of a vessel on which a NMFS-ap- was issued a valid permit for the re- proved observer is embarked, regard- spective fishery at any time from July less of whether required to carry the 1, 1994, through December 31, 1997. observer, must comply with §§ 600.725 (ii) Documented shark or swordfish and 600.746 of this chapter and–- landings from the respective federally permitted vessel that he or she owned, (1) Provide accommodations and food of at least $5,000 per year in value or in that are equivalent to those provided number per year as follows— to the crew. (A) One hundred and two sharks per (2) Allow the observer access to and year for any 2 calendar years, from use of the vessel’s communications January 1, 1991, through December 31, equipment and personnel upon request 1997, provided the landings after July 1, for the transmission and receipt of 1993, occurred when the permit was messages related to the observer’s du- valid, or ties. (B) Twenty-five swordfish per year (3) Allow the observer access to and for any 2 calendar years, from January use of the vessel’s navigation equip- 1, 1987, through December 31, 1997, pro- ment and personnel upon request to de- vided the landings occurred when the termine the vessel’s position. permit was valid. (4) Allow the observer free and unob- (iii) Been the owner of a vessel in the structed access to the vessel’s bridge, respective fishery that— working decks, holding bins, weight (A) Had a valid Federal shark permit scales, holds, and any other space used at any time from January 1, 1998, to hold, process, weigh, or store fish. through December 31, 1998, or (5) Allow the observer to inspect and (B) Had a valid Federal swordfish per- copy the vessel’s log, communications mit at any time from June 1, 1998, logs, and any records associated with through November 30, 1998.
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(2) Incidental catch permits. To be eli- swordfish permit for use with harpoon gible for an incidental ILAP in the gear, or shark or swordfish fishery, a vessel (iv) The owner must document his or owner must demonstrate past partici- her historical landings of swordfish pation in the respective fishery by hav- with handgear through logbook ing— records, verifiable sales slips or re- (i) Been the owner of a vessel that ceipts from registered dealers or state was issued a valid permit for the re- landings records. spective fishery at any time from July (b) Landings histories. For the pur- 1, 1994, through December 31, 1997; and poses of the landings history criteria in (ii) Documented landings from the paragraphs (a)(1)(ii) and (a)(2)(ii) of respective federally permitted vessel this section: that he or she owned of at least— (1) The owner of a permitted vessel at (A) Seven sharks from January 1, the time of a landing retains credit for 1991, through December 31, 1997, pro- the landing unless ownership of the vided the landings after July 1, 1993, vessel and the landings history has occurred when the permit was valid; or been transferred and there is a written (B) Eleven swordfish from January 1, agreement signed by both parties to 1987, through December 31, 1997, pro- the transfer, or there is other credible vided the landings occurred when the written evidence that the original permit was valid; and owner transferred the landings history (iii) Been the owner of a vessel in the to the new owner. respective fishery that— (2) A vessel’s landings history may (A) Had a valid Federal shark permit not be divided among owners. A trans- at any time from January 1, 1998, through December 31, 1998, or fer of credit for landings history must be for the entire record of landings (B) Had a valid Federal swordfish per- mit at any time from June 1, 1998, under the previous owner. through November 30, 1998; and (3) Vessel landings histories may not (iv) Met either the gross income from be consolidated among vessels. Owners fishing or the gross sales of fish re- may not pool landings histories to quirement specified in paragraph meet the eligibility requirements. (a)(3)(i) or (ii) of this section; or (c) Alternative eligibility requirements (v) Been the owner of a vessel that for initial permits. (1) Persons who ac- had a permit for Atlantic tuna in the quired ownership of a vessel and its Incidental category at any time from landings history after December 31, January 1, 1998, through December 31, 1997, are exempt from the requirement 1998; or to have owned a federally permitted (vi) Been the owner of a vessel that is shark or swordfish vessel at any time eligible for a directed or incidental during the period July 1, 1994, through ILAP for swordfish (incidental shark December 31, 1997. The acquired land- ILAPs only). ings history must meet the criteria for (3) Handgear permits. To be eligible a directed or incidental catch permit for a swordfish handgear ILAP— specified in paragraph (a)(1)(ii)(A), (i) The owner’s gross income from (a)(1)(ii)(B), (a)(2)(ii)(A) or paragraph commercial fishing (i.e., harvest and (a)(2)(ii)(B) of this section, and such first sale of fish) or from charter/ persons must have had a valid Federal headboat fishing must be more than 50 shark permit at any time from Janu- percent of his or her earned income, ary 1, 1998, through December 31, 1998, during one of the 3 calendar years pre- or a valid Federal swordfish permit at ceding the application, or any time from June 1, 1998, through (ii) The owner’s gross sales of fish November 30, 1998. harvested from his or her vessel must (2) If a person first obtained a shark have been more than $20,000, during one or swordfish permit in 1997, the re- of the 3 calendar years preceding the quired landings for a directed or inci- application, or dental catch permit specified in para- (iii) The owner must provide docu- graphs (a)(1)(ii) and (a)(2)(ii) are modi- mentation of having been issued a fied as follows:
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(i) To qualify for a directed shark or through the expiration date indicated swordfish ILAP, respectively, such per- on the permit. sons must document landings from a (iii) A person must apply to the Divi- federally permitted vessel of at least: sion Chief for the appropriate permit (A) One hundred and two sharks in if— calendar year 1997, provided such land- (A) He or she does not agree with the ings occurred when the permit was initial determination; valid, or (B) He or she believes that he or she (B) Twenty-five swordfish in calendar qualifies for a directed or incidental year 1997, provided such landings oc- catch ILAP but did not receive a letter curred when the permit was valid. from the Division Chief regarding eligi- (ii) To qualify for an incidental shark bility status; or or swordfish catch ILAP, respectively, (C) He or she believes that he or she such persons must document landings qualifies for a swordfish handgear per- from a federally permitted vessel of at mit. least one shark or swordfish in cal- (2) Applications for ILAPs. (i) Appli- endar year 1997, provided such landings cants may obtain application forms occurred when the permit was valid. and instructions from the Division (d) Procedures for initial issuance of Chief. The vessel owner must submit a LAPs—(1) Notification of status. NMFS completed signed application form and will send all written correspondence re- all required supporting documents. garding limited access permits by cer- (ii) An application for a directed or tified mail. incidental catch ILAP must be sub- (i) Shortly after the final rule is pub- mitted to the Division Chief post- lished, the Division Chief will notify marked no later than September 1, each owner of a vessel who had a valid 1999. An application for an initial Federal shark permit at any time from swordfish handgear permit must be January 1, 1998, through December 31, submitted to the Division Chief post- 1998, each owner of a vessel who had a marked no later than December 1, 1999. valid Federal swordfish permit at any Any application received by the Divi- time from June 1, 1998, through Novem- sion Chief after these dates will not be ber 30, 1998, and each owner of a vessel considered. that had a valid Atlantic tuna Inci- (iii) Each application must be accom- dental category permit at any time panied by documentation showing that from January 1, 1998, through Decem- the criteria for the requested permit ber 31, 1998, of the initial determina- have been met. Vessel landings of tion of the owner’s eligibility for a di- sharks in numbers of fish or value rected or incidental catch ILAP. The through June 30, 1993, may be docu- Division Chief will make the initial de- mented by verifiable sales slips or re- termination based on the criteria in ceipts from registered dealers or by paragraphs (a)(1), (a)(2), and (c)(2) of state landings records. Vessel landings this section and on records available to of sharks in numbers of fish after July NMFS and mail the appropriate per- 1, 1993, and all vessel landings of sword- mit. The Division Chief will not make fish in numbers of fish may be docu- initial determinations of eligibility for mented only by fishing vessel logbook a vessel permit under the alternative records that NMFS received before eligibility requirements specified in March 2, 1998. Vessel landings of sharks paragraph (a)(3) or (c)(1) of this section; or swordfish in value may be docu- persons that believe they qualify for a mented by verifiable sales slips or re- LAP under these criteria must apply to ceipts from registered dealers or by the Division Chief. state landings records. NMFS will not (ii) If NMFS determines that all apply any landing of fish by number of qualifications for a directed or inci- fish or value that occurred when the dental catch ILAP have been met and vessel did not have a valid Federal per- that no further action is required, the mit. appropriate permit for the vessel will (iv) Information submitted on an ap- be included with the notification. An plication and documentation in sup- ILAP issued by NMFS will be valid port of an application is subject to
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verification by comparison with Fed- an appeal is described in paragraph eral, state, and other records and infor- (d)(2)(iii) of this section. Photocopies of mation. Submission of false informa- documentation (e.g., permits, logbook tion or documentation may result in reports) will be acceptable for initial disqualification from initial participa- submission. The Director may request tion in the shark, swordfish, or tunas originals at a later date, which would fisheries and may result in Federal be returned to the appellant. prosecution. (ii) Upon receipt of a complete writ- (v) If the Division Chief receives an ten appeal with supporting documenta- incomplete application in a timely tion, the Director may issue a provi- manner, NMFS will notify the appli- sional ILAP that is valid for the period cant of the deficiency. If the applicant during the appeal. This provisional per- fails to correct the deficiency within 30 mit will be valid only for use with the days of the date of receipt of the Divi- sion Chief’s notification, the applica- specified gear and will be subject to all tion will be considered abandoned. regulations contained in this part. (3) Actions on applications. Within 30 (iii) The Director will appoint an ap- days of receipt of a complete applica- peals officer who will review the appeal tion, the Division Chief will take one of documentation and other available the following actions: records. If the information and docu- (i) If the eligibility requirements are mentation presented in the appeal are met, the Division Chief will issue the insufficient, inconsistent with vessel appropriate ILAP which will be valid ownership, landings history, and other through the marked expiration date. information available from NMFS’ (ii) If, based on the information and records, or cannot be verified, the ap- documentation supplied with the appli- peals officer may notify the appellant cation, the Division Chief determines that the information supplied is not that the applicant does not meet the adequate to warrant issuance of the re- eligibility criteria for the requested quested permit. The appellant will vessel permit, the Division Chief will have 30 days from the date of receipt of deny the application in a letter to the the notification to submit to the ap- applicant. If, based on the documenta- peals officer corroborating documents tion supplied, the Division Chief be- in support of the appeal or to submit a lieves the applicant is qualified for an revised appeal. After the written ap- incidental catch vessel permit instead peal documentation is complete, the of the requested directed ILAP, he or appeals officer will make findings and she will notify the applicant of the de- a recommendation, which shall be ad- nial of the requested directed ILAP but visory only, to the Director within 60 will issue the incidental catch ILAP. days of receipt of the appeal. (4) Appeals. (i) If an application for an (iv) The Director will make a final ILAP is denied or if an incidental catch decision on the appeal and send the ap- ILAP is issued instead of the requested pellant notice of the decision. The Di- directed ILAP, the applicant may ap- rector’s decision is the final adminis- peal the denial to the Director. The trative action of the Department of sole grounds for appeal will be that the Commerce on the application. original denial by the Division Chief was based on incorrect or incomplete (v) If the appeal is denied, the provi- information. No other grounds will be sional permit will become invalid 5 considered. An appeal must be in writ- days after receipt of the notice of de- ing, must be submitted to the Director nial. If the appeal is accepted, NMFS postmarked no later than 90 days after will issue an appropriate permit. receipt of the notice of denial, must (e) Transfer of LAPs. For provisions specify the grounds for the appeal, and on transfer of limited access permits, must include documentation sup- see § 635.4(l). porting the grounds for the appeal. (f) Renewal of LAPs. For provisions on Documentation of vessel landings that renewal of limited access permits, see the Director may consider in support of § 635.4(m).
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Subpart C—Management (76 cm) as a straight line from the first Measures dorsal fin ray to the precaudal pit. If the precaudal pit has been removed, § 635.20 Size limits. such measurement will be to the pos- (a) General. The CFL will be the sole terior edge of the carcass. For the pur- criterion for determining the size and/ poses of enforcing the minimum size, it or size class of whole (head on) Atlan- is a rebuttable presumption that any tic tunas. ridgeback shark from which the head (b) BFT size classes. The size class of and fins have been removed is a a BFT found with the head removed ridgeback LCS shark. shall be determined using pectoral fin (2) All sharks landed under the rec- curved fork length (PFCFL) multiplied reational retention limits specified at by a conversion factor of 1.35. The CFL, § 635.22(c) must have the head, tail, and as determined by conversion of the fins attached and be at least 54 inches PFCFL, will be the sole criterion for (137 cm), FL, except that the minimum determining the size class of a be- size limit does not apply for Atlantic headed BFT. The conversion factor sharpnose sharks. may be adjusted after consideration of additional scientific information and (f) Swordfish. (1) No person shall take, fish measurement data, and will be retain, or possess a north or south At- made effective by filing with the Office lantic swordfish taken from its man- of the Federal Register for publication agement unit that is less than 29 notification of the adjustment. inches (73 cm), CK, or 33 lb (15 kg) (c) BFT, bigeye tuna, and yellowfin dressed weight. A swordfish that is tuna. (1) No person shall take, retain, damaged by shark bites may be re- or possess a BFT, bigeye tuna, or yel- tained only if the remainder of the car- lowfin tuna in the Atlantic Ocean that cass is at least 29 inches (73 cm) CK, or is less than 27 inches (69 cm) CFL; 33 lb (15 kg) dw. No person shall import (2) Applying the conversion factor into the United States an Atlantic from PFCFL to CFL for a beheaded swordfish weighing less than 33 lb (15 BFT in § 635.20(b) means that no person kg) dressed weight, or a part derived shall retain or possess a BFT, with the from a swordfish that weighs less than head removed, that is less than 20 33 lb (15 kg) dressed weight. inches (51 cm) PFCFL. (2) Except for a swordfish landed in a (3) No person shall remove the head Pacific state and remaining in the of a bigeye tuna or yellowfin tuna if state of landing, a swordfish, or part the remaining portion would be less than 27 inches (69 cm) from the fork of thereof, weighing less than 33 lb (15 kg) the tail to the forward edge of the cut. dressed weight will be deemed to be an (d) Billfish. (1) No person shall take, Atlantic swordfish harvested by a ves- retain or possess a blue marlin taken sel of the United States and to be in from its management unit that is less violation of the minimum size require- than 99 inches (251 cm), LJFL. ment of this section unless such sword- (2) No person shall take, retain or fish, or part thereof, is accompanied by possess a white marlin taken from its a certificate of eligibility attesting management unit that is less than 66 that the swordfish was lawfully im- inches (168 cm), LJFL. ported. Refer to § 635.46(b) for the re- (3) No person shall take, retain or quirements related to the certificate of possess shoreward of the outer bound- eligibility. ary of the EEZ a sailfish taken from its (3) A swordfish, or part thereof, will management unit that is less than 63 be monitored for compliance with the inches (160 cm), LJFL. minimum size requirement of this sec- (e) Sharks. (1) No person shall take, tion from the time it is landed in, or retain, or possess in the Atlantic EEZ imported into, the United States up to, any species classified as a ridgeback and including, the point of first trans- LCS shark, taken from its manage- action in the United States. ment unit that is less than 54 inches (137 cm), fork length, or, if the head [64 FR 29135, May 28, 1999, as amended at 64 and fins have been removed, 30 inches FR 37704, July 13, 1999]
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§ 635.21 Gear operation and deploy- authorized for any Atlantic Tunas per- ment restrictions. mit category may be used, except that (a) All Atlantic HMS fishing gears. (1) purse seine gear may be used only on An Atlantic HMS harvested from its board vessels permitted in the Purse management unit that is not retained Seine category and pelagic longline must be released in a manner that will gear may be used only on board vessels ensure maximum probability of sur- issued an Atlantic Tunas Longline cat- vival, but without removing the fish egory tuna permit as well as ILAPs or from the water. LAPs for both swordfish and sharks. (2) If a billfish is caught by a hook, When fishing for BFT, a person must the fish must be released by cutting use only the gear types authorized for the line near the hook or by using a the Atlantic tunas or HMS permit cat- dehooking device, in either case with- egory of the fishing vessel: out removing the fish from the water. (i) Angling. Rod and reel (including (b) General. No person shall use any downriggers) and handline. gear to fish for Atlantic HMS other (ii) Charter/Headboat. Rod and reel than those gears specifically author- (including downriggers), bandit gear, ized in this part. A vessel using or hav- and handline. ing on board in the Atlantic Ocean any (iii) General. Rod and reel (including unauthorized gear may not have on downriggers), handline, harpoon, and board an Atlantic HMS. bandit gear. (c) Pelagic longlines. Pelagic longlines (iv) Harpoon. Harpoon. include any longline placed or occur- (v) Longline. Longline. ring in water depths greater than 50 (vi) Purse Seine. Purse seine. fathoms (91 m). (A) Mesh size. A purse seine used in (1) From August 1, 1999, through No- directed fishing for BFT must have a vember 30, 2000, no person may deploy mesh size equal to or smaller than 4.5 a pelagic longline that is more than 24 inches (11.4 cm) in the main body nautical miles (44.5 km) in length in (stretched when wet) and must have at the Mid-Atlantic Bight. least 24–count thread throughout the (2) In the Northeastern United States net. closed area from June 1 through June (B) Inspection of purse seine vessels. 30 each year, no person may deploy a Persons that own or operate a purse pelagic longline. In this area, during seine vessel conducting a directed fish- this time, no person shall retain an At- ery for Atlantic tunas must have their lantic tuna or swordfish on board a ves- fishing gear inspected for mesh size by sel that has a pelagic longline on an enforcement agent of NMFS prior to board, unless the mainline, hooks, and commencing fishing for the season in floats are secured. any fishery that may result in the har- (3) When a marine mammal or sea vest of Atlantic tunas. Such persons turtle is hooked or entangled by pe- must request such inspection at least lagic longline gear, the operator of the 24 hours before commencement of the vessel must immediately release the first fishing trip of the season. If NMFS animal, retrieve the pelagic longline does not inspect the vessel within 24 gear, and move at least 1 nm (2 km) hours of such notification, the inspec- from the location of the incident before tion requirement is waived. In addi- resuming fishing. Reports of marine tion, at least 24 hours before com- mammal entanglements must be sub- mencement of offloading any BFT after mitted to NMFS consistent with regu- a fishing trip, such persons must re- lations in § 229.6 of this title. quest an inspection of the vessel and (d) Authorized gear—(1) Atlantic tunas. catch by notifying NMFS. If, after no- A person that retains or possesses an tification by the vessel, NMFS does not Atlantic bluefin tuna may not have on arrange to inspect the vessel and catch board a vessel or use on board the ves- at offloading, the inspection require- sel any gear other than that authorized ment is waived. for the category for which the Atlantic (vii) Trap. Pound net and fish weir. tunas or HMS permit has been issued (2) Billfish. (i) Persons may possess a for such vessel. When fishing for Atlan- blue marlin or white marlin in or take tic tunas other than BFT, fishing gear a blue marlin or a white marlin from
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its management unit only if it is har- when it is on board, or offloaded from vested by rod and reel. Regardless of a vessel using or having on board how taken, persons may not possess a longline gear. blue marlin or a white marlin in or take a blue marlin or a white marlin [64 FR 29135, May 28, 1999, as amended at 64 from its management unit on board a FR 37704, July 13, 1999] vessel using or having on board a pe- § 635.22 Recreational retention limits. lagic longline. (ii) Persons may possess or take a (a) General. Recreational retention sailfish shoreward of the outer bound- limits apply to a longbill spearfish ary of the Atlantic EEZ only if it is taken or possessed shoreward of the harvested by rod and reel. Regardless outer boundary of the Atlantic EEZ, to of how taken, persons may not possess a shark taken from or possessed in the or take a sailfish shoreward of the Atlantic EEZ, and to a yellowfin tuna outer boundary of the Atlantic EEZ on taken from or possessed in the Atlantic board a vessel using or having on board Ocean. The operator of a vessel for a pelagic longline. which a retention limit applies is re- (3) Sharks. (i) No person may possess sponsible for the vessel retention limit a shark in the EEZ if the shark was and the cumulative retention limit taken from its management unit by based on the number of persons aboard. any gear other than handgear, longline Federal recreational retention limits or gillnet. may not be combined with any rec- (ii) No person may fish for sharks reational retention limit applicable in with a gillnet with a total length of 2.5 state waters. The recreational reten- km or more. No person may have on tion limit for sharks applies to a per- board a vessel a gillnet with a total length of 2.5 km or more. son who fishes in any manner, except (iii) Provisions on gear deployment to a person aboard a vessel who has for the southeast U.S. shark drift been issued a vessel permit under § 635.4 gillnet fishery to implement the Atlan- for Atlantic sharks. The recreational tic Large Whale Take Reduction Plan retention limit for yellowfin tuna ap- are set forth in § 229.32(f) of this title. plies to a person who fishes in any (iv) While fishing for Atlantic sharks manner, except to a person aboard a with a gillnet, the gillnet must remain vessel who has been issued a vessel per- attached to the vessel at one end. mit under § 635.4 for Atlantic tunas in (4) Swordfish. (i) No person may pos- any category other than Angling or sess north Atlantic swordfish taken Charter/Headboat. from its management unit by any gear (b) Billfish. No longbill spearfish from other than handgear or longline, except the management unit may be possessed that such swordfish taken incidentally shoreward of the outer boundary of the while fishing with a squid trawl may be EEZ. retained, subject to restrictions speci- (c) Sharks. One shark from either the fied in § 635.24(b)(2). No person may pos- large coastal, small coastal or pelagic sess south Atlantic swordfish taken group may be retained per vessel per from its management unit by any gear trip, subject to the size limits de- other than longline. scribed in § 635.20(d), and, in addition, (ii) An Atlantic swordfish may not be retained or possessed on board a vessel one Atlantic sharpnose shark may be with a gillnet. A swordfish will be retained per person per trip. Regardless deemed to have been harvested by of the length of a trip, no more than gillnet when it is onboard, or offloaded one Atlantic sharpnose shark per per- from a vessel using or having on board son may be possessed on board a vessel. a gillnet. No prohibited sharks listed in table (iii) A person aboard a vessel issued a 1(d) of appendix A to this part may be directed handgear ILAP or LAP for At- retained. lantic swordfish may not fish for (d) Yellowfin tuna. Three yellowfin swordfish with any gear other than tunas per person per day may be re- handgear. A swordfish will be deemed tained. Regardless of the length of a to have been harvested by longline trip, no more than three yellowfin tuna
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per person may be possessed on board a fice of the Federal Register for publica- vessel. tion. (b) Angling category. BFT may be re- [64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999] tained and landed under the daily lim- its and quotas applicable to the An- § 635.23 Retention limits for BFT. gling category by persons aboard ves- sels permitted in Atlantic tunas An- The retention limits in this section gling category as follows: are subject to the quotas and closure provisions in §§ 635.27 and 635.28. (1) Large medium and giant BFT. (i) No large medium or giant BFT may be re- (a) General category. (1) No person tained, possessed, landed, or sold in the aboard a vessel that has a General cat- Gulf of Mexico, except one per vessel egory Atlantic Tunas permit may pos- per year may be landed if caught inci- sess, retain, land, or sell a BFT in the dentally to fishing for other species. school, large school, or small medium size class. (ii) One per vessel per year may be re- (2) On an RFD, no person aboard a tained, possessed, and landed outside vessel that has a General category At- the Gulf of Mexico. lantic Tunas permit may possess, re- (iii) When a large medium or giant tain, land, or sell a BFT in the large BFT has been caught and retained medium or giant size class. On days under this paragraph (b)(1), no person other than RFDs, when the General aboard the vessel may continue to fish, category is open, one large medium or the vessel must immediately proceed giant BFT may be caught and landed to port, and no such BFT may be sold from such vessel per day. NMFS will or transferred to any person for a com- annually publish a schedule of RFDs in mercial purpose. the FEDERAL REGISTER. An RFD applies (2) School, large school, or small me- only when the General category fishery dium BFT. One per vessel per day may is open. be retained, possessed, or landed. Re- (3) Regardless of the length of a trip, gardless of the length of a trip, no no more than a single day’s retention more than a single day’s allowable limit of large medium or giant BFT catch of school, large school, or small may be possessed or retained aboard a medium BFT may be possessed or re- vessel that has a General category At- tained. lantic Tunas permit. On days other (3) Changes to retention limits. To pro- than RFDs, when the General category vide for maximum utilization of the is open, no person aboard such vessel quota for BFT spread over the longest may continue to fish, and the vessel period of time, NMFS may increase or must immediately proceed to port once decrease the retention limit for any the applicable limit for large medium size class BFT or change a vessel trip or giant BFT is retained. limit to an angler limit and vice versa. (4) To provide for maximum utiliza- Such increase or decrease will be based tion of the quota for BFT, NMFS may on a review of daily landing trends, increase or decrease the daily retention availability of the species on the fish- limit of large medium and giant BFT ing grounds, and any other relevant over a range from zero (on RFDs) to a factors. NMFS will adjust the daily re- maximum of three per vessel. Such in- tention limit specified in paragraph crease or decrease will be based on a re- (b)(2) of this section by filing with the view of dealer reports, daily landing Office of the Federal Register for publi- trends, availability of the species on cation notification of the adjustment. the fishing grounds, and any other rel- Such adjustment will not be effective evant factors. NMFS will adjust the until at least 3 calendar days after no- daily retention limit specified in para- tification is filed with the Office of the graph (a)(2) of this section by filing Federal Register for publication. with the Office of the Federal Register (c) HMS or Tunas Charter/Headboat. for publication notification of the ad- Persons aboard a vessels permitted in justment. Such adjustment will not be Atlantic HMS or Tunas Charter/ effective until at least 3 calendar days Headboat category may retain and land after notification is filed with the Of- BFT under the daily limits and quotas
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applicable to the Angling category or Seine category BFT quota allocated to the General category as follows: that vessel. (1) When fishing in the Gulf of Mex- (f) Longline category. Persons aboard ico, the restrictions applicable to the a vessel permitted in the Atlantic Angling category specified in para- Tunas Longline category may retain, graph (b)(1) of this section apply. possess, land, and sell large medium (2) When fishing other than in the and giant BFT taken incidentally in Gulf of Mexico when the fishery for the fishing for other species. Limits on General category is closed, the restric- such retention/possession/landing/sale tions applicable to the Angling cat- are as follows: egory specified in paragraphs (b)(1) (1) For landings south of 34°00′ N. lat., through (b)(3) of this section apply. one large medium or giant BFT per (3) When fishing other than in the vessel per trip may be landed, provided Gulf of Mexico and when the fishery that, for the months of January under the General category has not through April, at least 1,500 lb (680 kg) been closed under § 635.28, a person and for the months of May through De- aboard a vessel that has an HMS or At- cember, at least 3,500 lb (1,588 kg), ei- lantic Tunas Charter/Headboat permit ther dw or round weight, of species may fish under either the retention other than BFT are legally caught, re- limits applicable to the General cat- tained, and offloaded from the same egory specified in paragraphs (a)(2) and trip and are recorded on the dealer (a)(3) of this section or the retention weighout slip as sold. limits applicable to the Angling cat- (2) For landings north of 34°00′ N. lat., egory specified in paragraphs (b)(2) and landings per vessel per trip of large me- (b)(3) of this section. The size category dium and giant BFT may not exceed 2 of the first BFT retained will deter- percent by weight, either dw or round mine the fishing category applicable to weight, of all other fish which are le- the vessel that day. gally caught, retained, and offloaded (d) Harpoon category. Persons aboard from the same trip and which are re- a vessel permitted in the Atlantic Tunas Harpoon category may retain, corded on the dealer weighout slip as possess, or land multiple giant BFTs sold. per day. An incidental catch of only (g) Trap category. Persons aboard a one large medium BFT per vessel per vessel permitted in the Atlantic Tunas day may be retained, possessed, or Trap category may retain, possess, landed. land, and sell each fishing year only (e) Purse Seine category. Persons one large medium or giant BFT that is aboard a vessel permitted in the Atlan- taken incidentally while fishing for tic Tunas Purse Seine category, other species with a pound net or fish (1) May retain, possess, land, or sell weir. No other Atlantic tunas caught large medium BFT in amounts not ex- in a pound net or fish weir may be re- ceeding 15 percent, by weight, of the tained. giant BFT landed on that trip, pro- vided that the total amount of large § 635.24 Commercial retention limits for sharks and swordfish. medium BFT landed by that vessel dur- ing the fishing year does not exceed 10 The retention limits in this section percent, by weight, of the total amount are subject to the quotas and closure of giant BFT allocated to that vessel provisions in §§ 635.27 and 635.28. for that fishing year. (a) Sharks. (1) Persons who own or op- (2) May retain, possess or land BFT erate a vessel that has been issued a di- smaller than the large medium size rected ILAP or LAP for shark may re- class that are taken incidentally when tain, possess or land no more than 4,000 fishing for skipjack tuna or yellowfin lb (1,814 kg), dw, of LCS per trip. tuna in an amount not exceeding 1 per- (2) Persons who own or operate a ves- cent, by weight, of the skipjack tuna sel that has been issued an incidental and yellowfin tuna landed on that trip. catch ILAP or LAP for sharks may re- Landings of BFT smaller than the tain, possess or land no more than 5 large medium size class may not be LCS and 16 SCS and pelagic sharks, sold and are counted against the Purse combined, per trip.
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(b) Swordfish. (1) Persons aboard a and, if applicable, the identity of the vessel that has been issued an inci- alternate source of tags. dental ILAP or LAP for swordfish may (b) Billfish. NMFS is encouraging fur- retain, possess, or land no more than ther catch and release of Atlantic bill- two swordfish per trip in or from the fish by establishing a recreational Atlantic Ocean north of 5° N. lat. catch-and-release fishery management (2) Persons aboard a vessel in the program, consistent with the guidance squid trawl fishery that has been of § 600.350(c). issued an incidental ILAP or LAP for (c) Sharks. Notwithstanding the other swordfish may retain, possess, or land provisions of this part, a person may no more than five swordfish per trip in fish for white sharks (Carcharodon or from the Atlantic Ocean north of 5° carcharias) with rod and reel, provided N. lat. A vessel is considered to be in the person releases such fish to the sea the squid trawl fishery when it has no immediately with a minimum of in- commercial fishing gear other than jury, and that such fish may not be re- trawls on board and when squid con- moved from the water. stitute not less than 75 percent by weight of the total fish on board or § 635.27 Quotas. offloaded from the vessel. (a) BFT. Consistent with ICCAT rec- § 635.25 [Reserved] ommendations, NMFS will subtract any allowance for dead discards from § 635.26 Catch and release. the fishing year’s total U.S. quota for (a) BFT. (1) Notwithstanding the BFT that can be caught and allocate other provisions of this part, an angler the remainder to be retained, pos- may fish for BFT under a tag-and-re- sessed, or landed by persons and vessels lease program, provided the angler tags subject to U.S. jurisdiction. The total all BFT so caught, regardless of wheth- landing quota will be divided among er previously tagged, with conven- the General, Angling, Harpoon, Purse tional tags issued or approved by Seine, Longline, and Trap categories. NMFS, returns such fish to the sea im- Consistent with these allocations and mediately after tagging with a min- other applicable restrictions of this imum of injury, and reports the tag- part, BFT may be taken by persons ging and, if the BFT was previously aboard vessels issued Atlantic Tunas tagged, the information on the pre- permits or HMS Charter/Headboat per- vious tag. If NMFS-issued or NMFS-ap- mits. Allocations of the BFT landings proved conventional tags are not on quota will be made according to the board a vessel, all anglers aboard that following percentages: General - 47.1 vessel are ineligible to fish under the percent; Angling - 19.7 percent, which tag-and-release program. includes the school BFT held in reserve (2) Persons may obtain NMFS-issued as described under paragraph (a)(7)(ii) conventional tags, reporting cards, and of this section; Harpoon - 3.9 percent; detailed instructions for their use from Purse Seine - 18.6 percent or 250 mt, the NMFS Cooperative Tagging Center. whichever is less; Longline - 8.1 per- Persons may use a conventional tag ob- cent; and Trap - 0.1 percent. The re- tained from a source other than NMFS maining 2.5 percent of the BFT land- to tag BFT, provided the use of such ings quota will be held in reserve for tags is registered each year with the inseason adjustments, to compensate Cooperative Tagging Center and the for overharvest in any category other NMFS program manager has approved than the Angling category school BFT the use of a conventional tag from that subquota or for fishery independent re- source. An angler using an alternative search. In such case that the total an- source of tags wishing to tag BFT may nual landings quota when applied to contact the NMFS Cooperative Tag- the percentage allocation for the purse ging Center at the Southeast Fishery seine category exceeds 250 mt, the Science Center. amount over 250 mt shall be allocated (3) An angler registering for the HMS to the reserve. NMFS may apportion a tagging program is required to provide landings quota allocated to any cat- his or her name, address, phone number egory to specified fishing periods or to
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geographic areas. BFT landings quotas daily catch limit for the set-aside area are specified in whole weight. will be one large medium or giant BFT (1) General category landings quota. per vessel per day. Upon the effective Prior to each fishing year, NMFS will date of the set-aside fishery, fishing set the General category effort control for, retaining, or landing large medium schedule, including time-period or giant BFT is authorized only within subquotas and restricted-fishing days, the set-aside area. Any portion of the through proposed and final specifica- set-aside amount not harvested prior tions published in the FEDERAL REG- to the reopening of the coastwide Gen- ISTER. eral category fishery in the subsequent (i) Catches from vessels for which quota period established under para- General category Atlantic Tunas per- graph (a)(1)(i) of this section may be mits have been issued and certain carried over for the purpose of renew- catches from vessels for which an HMS ing the set-aside fishery at a later date. or Atlantic tunas Charter/Headboat (2) Angling category landings quota. permit has been issued are counted The total amount of BFT that may be against the General category landings caught, retained, possessed, and landed quota. See § 635.23(c)(3) regarding land- by anglers aboard vessels for which an ings by vessels with an HMS or Atlan- Angling category Atlantic Tunas per- tic tunas Charter/Headboat permit that mit or an HMS or Atlantic Tunas Char- are counted against the General cat- ter/Headboat permit has been issued is egory landings quota. The total 19.7 percent of the overall annual U.S. amount of large medium and giant BFT landings quota. No more than 2.3 BFT that may be caught, retained, pos- percent of the annual Angling category sessed, landed, or sold under the Gen- landings quota may be large medium or eral category landings quota is 47.1 per- giant BFT and, over each 4–consecu- cent of the overall U.S. BFT landings tive-year period, no more than 8 per- quota, less 10 mt which is set aside for cent of the overall U.S. BFT landings an area comprising the waters south quota may be school BFT. The Angling and west of a straight line originating category landings quota includes the at a point on the southern shore of amount of school BFT held in reserve Long Island at 72° 27′ W. long as specified under paragraph (a)(7)(ii) (Shinnecock Inlet) and running SSE of this section. The size class 150° true, and north of 38°47′ N. lat. as subquotas for BFT are further sub- specified in § 635.27(a)(1)(iii). This 47.1 divided as follows: percent, less the 10 mt set aside as (i) Under paragraph (a)(7)(ii) of this specified in § 635.27(a)(1)(iii), is appor- section, 47.2 percent of the school BFT tioned as follows: Angling category landings quota, (A) June 1 through August 31—60 per- minus the school BFT quota held in re- cent; serve, may be caught, retained, pos- (B) September 1 through September sessed, or landed south of 38° 47′ N. lat. 30—30 percent; and (ii) an amount equal to 47.2 percent (C) October 1 through May 31—10 per- of the large school/small medium BFT cent. Angling category quota, may be (ii) NMFS will adjust each period’s caught, retained, possessed, or landed apportionment based on overharvest or south of 38° 47′ N. lat. underharvest in the prior period. (iii) an amount equal to 66.7 percent (iii) When the coastwide General cat- of the large medium and giant BFT An- egory fishery has been closed in any gling category quota may be caught, quota period under § 637.28(a)(1), NMFS retained, possessed, or landed south of may publish notification in the FED- 38° 47′ N. lat. ERAL REGISTER to make available all or (3) Longline category quota. The total part of the 10 mt landings quota set amount of large medium and giant aside for an area comprising the waters BFT that may be caught incidentally south and west of a straight line origi- and retained, possessed, or landed by nating at a point on the southern shore vessels for which Longline category At- of Long Island at 72°27′ W. long. lantic tunas permits have been issued (Shinnecock Inlet) and running SSE 150 is 8.1 percent of the overall U.S. BFT true, and north of 38°47′ N. lat. The quota. No more than 78.9 percent of the
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Longline category quota may be consolidation may not use his or her caught, retained, possessed, or landed vessel in any purse seine fishery in in the area south of 34°00′ N. lat. which BFT might be caught. (4) Purse Seine category quota. (i) The (5) Harpoon category quota. The total total amount of large medium and amount of large medium and giant giant BFT that may be caught, re- BFT that may be caught, retained, pos- tained, possessed, or landed by vessels sessed, landed, or sold by vessels for for which Purse Seine category Atlan- which Harpoon category Atlantic tic Tunas permits have been issued is Tunas permits have been issued is 3.9 18.6 percent of the overall U.S. BFT percent of the overall U.S. BFT quota. landings quota, or 250 mt, whichever is (6) Trap category quota. The total less. The purse seine fishery under this amount of large medium and giant quota commences on August 15 each BFT that may be caught, retained, pos- year. sessed, or landed by vessels for which (ii) An owner of a vessel for which a Trap category Atlantic Tunas permits Purse Seine category Atlantic Tunas have been issued is 0.1 percent of the permit has been issued must apply in overall U.S. BFT quota. writing to NMFS at an address des- (7) Reserve. (i) The total amount of ignated by NMFS, for an allocation of BFT that is held in reserve for inseason BFT from the Purse Seine category adjustments and fishery-independent quota. The application must be post- research using quotas or subquotas marked no later than April 15 for an al- other than the Angling category school location of the quota that becomes BFT subquota, is 2.5 percent of the available on August 15. overall U.S. BFT quota. Consistent (iii) On or about May 1, NMFS will with paragraph (a)(7)(iii) of this sec- make equal allocations of the available tion, NMFS may allocate any portion size classes of BFT among purse seine of this reserve for inseason adjust- vessel permit holders so requesting. ments to any category quota in the Such allocations are freely transfer- fishery, other than the Angling cat- able, in whole or in part, among vessels that have Purse Seine category Atlan- egory school BFT subquota. tic Tunas permits. An owner of a purse (ii) The total amount of school BFT seine vessel intending to fish for more that is held in reserve for inseason ad- than one allocation in any fishing sea- justments and fishery independent re- son must provide written notice of search is 18.5 percent of the total such intent to NMFS at an address des- school BFT quota for the Angling cat- ignated by NMFS, 15 days before com- egory as described under paragraph mencing fishing. An owner of a purse (a)(2) of this section, which is in addi- seine vessel who transfers his or her al- tion to the amounts specified in para- location to another purse seine vessel graph (a)(7)(i) of this section. Con- may not use his or her vessel in any sistent with paragraph (a)(7)(iii) of this fishery in which BFT might be caught section, NMFS may allocate any por- for the remainder of the fishing year tion of the school BFT held in reserve after his or her allocation is trans- for inseason adjustments to the An- ferred. gling category. (iv) An owner of a vessel for which a (iii) NMFS will file with the Office of Purse Seine category Atlantic Tunas the Federal Register for publication permit has been issued may apply to notification of any inseason adjust- NMFS to permanently consolidate ment. Before making any such adjust- Purse Seine category vessel permits ment, NMFS will consider the fol- issued under § 635.4. Upon written ap- lowing factors: proval of consolidation by NMFS, the (A) The usefulness of information ob- Purse Seine Category Atlantic Tunas tained from catches in the particular Permit of a transferring vessel will be category for biological sampling and canceled, and the receiving owner may monitoring of the status of the stock. apply for allocations of BFT commen- (B) The catches of the particular cat- surate with the number of consolidated egory quota to date and the likelihood permits. An owner of a purse seine ves- of closure of that segment of the fish- sel whose permit is canceled through ery if no allocation is made.
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(C) The projected ability of the ves- BFT over each 4–consecutive-year pe- sels fishing under the particular cat- riod beginning in the 1999 fishing year egory quota to harvest the additional does not exceed 8 percent by weight of amount of BFT before the end of the the total U.S. BFT quota for that pe- fishing year. riod. (D) The estimated amounts by which (iv) If NMFS determines that the an- quotas for other gear categories of the nual dead discard allowance has been fishery might be exceeded. exceeded in one fishing year, NMFS (E) Effects of the transfer on BFT re- shall subtract the amount in excess of building and overfishing. the allowance from the amount of BFT (F) Effects of the transfer on accom- that can be landed in the subsequent plishing the objectives of the Fishery fishing year by those categories ac- Management Plan for Atlantic Tunas, counting for the dead discards. If Swordfish, and Sharks. NMFS determines that the annual dead (8) Inseason adjustments. Within a discard allowance has not been fishing year, NMFS may transfer reached, NMFS may add one-half of the quotas among categories or, as appro- remainder to the amount of BFT that priate, subcategories. If it is deter- can be landed in the subsequent fishing mined, based on the factors in para- year. Such amount may be allocated to graphs (a)(7)(iii)(A) through individual fishing categories or to the (a)(7)(iii)(F) of this section and the Reserve. probability of exceeding the total (v) NMFS will file with the Office of quota, that vessels fishing under any the Federal Register for publication category or subcategory quota are not notification of the amount subtracted likely to take that quota, NMFS may or added and the basis for the quota re- transfer inseason any portion of the re- ductions or increases made pursuant to maining quota of that fishing category paragraphs (a)(9)(i) through (a)(9)(iv) of to any other fishing category or to the this section. reserve as specified in paragraphs (b) Sharks—(1) Commercial quotas. The (a)(7)(i) and (a)(7)(ii) of this section. commercial quotas for shark specified NMFS will file with the Office of the in paragraphs (b)(1)(i) through (b)(1)(iv) Federal Register for publication notifi- of this section apply to sharks har- cation of any inseason adjustment. vested from the management unit, re- (9) Annual adjustments. (i) If NMFS gardless of where harvested. Commer- determines, based on landings statis- cial quotas are specified for each of the tics and other available information, management groups of large coastal that a BFT quota in any category or, sharks, small coastal sharks, and pe- as appropriate, subcategory has been lagic sharks. exceeded or has not been reached, (i) Large coastal sharks. The annual NMFS shall subtract the overharvest commercial quota for large coastal from, or add the underharvest to, that sharks is 816 mt dw, apportioned be- quota category for the following fish- tween ridgeback and non-ridgeback ing year, provided that the total of the shark and divided between two equal adjusted category quotas and the re- semiannual fishing seasons, January 1 serve is consistent with a recommenda- through June 30, and July 1 through tion of ICCAT regarding country December 31. The length of each season quotas, the take of school BFT, and the will be determined based on the pro- allowance for dead discards. jected catch rates, available quota, and (ii) NMFS may allocate any quota re- other relevant factors. NMFS will file maining in the reserve at the end of a with the Office of the Federal Register fishing year to account for overharvest for publication notification of each in any fishing category, provided such season’s length at least 30 days prior to allocation is consistent with the cri- the beginning of the season. The quotas teria specified in paragraph (a)(7)(iii) of for each fishing season (unless other- this section. wise specified in the FEDERAL REGISTER (iii) Regardless of the estimated as provided in paragraph (b)(1)(iv) of landings in any year, NMFS may ad- this section are as follows: just the annual school BFT quota to (A) Ridgeback shark—310 mt dw. ensure that the average take of school (B) Non-ridgeback shark–98 mt dw.
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(ii) Small coastal sharks. The annual tions at § 635.32, will be counted against commercial quota for small coastal this quota. shark is 359 mt dw, (unless otherwise (c) Swordfish. (1) Consistent with specified in the FEDERAL REGISTER as ICCAT recommendations, the fishing provided in paragraph (b)(1)(iv) of this year’s total amount of swordfish that section) divided between two equal may be caught, retained, possessed, or semiannual seasons, January 1 through landed by persons and vessels subject June 30, and July 1 through December to U.S. jurisdiction is divided into 31. The quota for each semiannual sea- quotas for the North Atlantic sword- son is 179.5 mt, dw. fish stock and the South Atlantic (iii) Pelagic sharks. The annual com- swordfish stock. The quota for the mercial quotas for pelagic sharks are 92 North Atlantic swordfish stock is fur- mt dw for porbeagle sharks and 488 mt ther divided into semi-annual directed dw for all other pelagic sharks (unless fishery quotas and an incidental catch otherwise specified in the FEDERAL quota for fishermen targeting other REGISTER as provided in paragraph species. A swordfish from the North At- (b)(1)(iv) of this section). These quotas lantic swordfish stock caught prior to are divided between two equal semi- the directed fishery closure by a vessel annual periods, January 1 through for which a directed fishery permit or a June 30, and July 1 through December handgear permit for swordfish has been 31. The quotas for each semiannual pe- issued is counted against the directed riod are as follows: fishery quota. A swordfish from the (A) Porbeagle sharks—46 mt dw. North Atlantic swordfish stock landed (B) Pelagic sharks, other than by a vessel for which an incidental porbeagle sharks—244 mt dw. catch permit for swordfish has been (C) Blue sharks—136.5 mt dw. issued, landed consequent to rec- (iv) Annual adjustments. (A) NMFS reational fishing, or caught after the will adjust the next year’s semiannual effective date of a closure of the di- quotas for large coastal, small coastal, rected fishery from a vessel for which a and pelagic sharks to reflect actual directed fishery permit or a handgear landings during any semiannual period. permit for swordfish has been issued is For example, a commercial quota un- counted against the incidental catch derage or overage in the season that quota. The entire quota for the South begins January 1 will result in an Atlantic swordfish stock is reserved for equivalent increase or decrease in the longline vessels for which a directed following year’s quota for the season fishery permit for swordfish has been that begins January 1, provided that issued; retention of swordfish caught the annual quotas are not exceeded. incidental to other fishing activities is NMFS will file with the Office of the prohibited in the Atlantic Ocean south Federal Register for publication notifi- of 5° N. lat. cation of any adjustment at least 30 (i) North Atlantic swordfish stock. (A) days prior to the start of the next fish- The annual directed fishery quota for ing season. the North Atlantic swordfish stock is (B) NMFS will reduce the annual 2033.2 mt dw, divided into two equal commercial quota for pelagic sharks by semiannual quotas of 1016.6 mt dw, one the amount that the blue shark quota for June 1 through November 30, and is exceeded at least 30 days prior to the the other for December 1 through May start of the next fishing season. 31 of the following year. (C) Sharks discarded dead are count- (B) The annual incidental catch ed against the applicable directed fish- quota for the North Atlantic swordfish ery quota. Sharks taken and landed stock is 300 mt dw. from state waters are counted against (ii) South Atlantic swordfish stock. The the applicable directed fishery quota. annual directed fishery quota for the (2) Public display quota. The annual South Atlantic swordfish stock is 289 quota for persons who collect sharks mt dw. Incidental harvest of swordfish from any of the management groups is prohibited in the Atlantic Ocean under an EFP is 60 mt whole weight (43 south of 5° N. lat. mt dw). All sharks collected under the (2) Inseason adjustments. (i) NMFS authority of an EFP, subject to restric- may adjust the December 1 through
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May 31 semiannual directed fishery sure. On and after the effective date quota to reflect actual catches during and time of such notification, for the the June 1 through November 30 semi- remainder of the fishing year or for a annual period, provided that the fish- specified period as indicated in the no- ing year’s directed fishery quota is not tice, fishing for, retaining, possessing, exceeded. or landing BFT under that quota is (ii) If NMFS determines that the an- prohibited until the opening of the sub- nual incidental catch quota will not be sequent quota period or until such date taken before the end of the fishing as specified in the notice. year, the excess quota may be allo- (2) From August 15 through Decem- cated to the directed fishery quota. ber 31, the owner or operator of a vessel (iii) If NMFS determines that it is that has been allocated a portion of the necessary to close the directed sword- Purse Seine category quota under fish fishery prior to the scheduled end § 635.27(a)(4) may fish for BFT. Such of a semi-annual fishing season, any es- vessel may be used to fish for yel- timated overharvest or underharvest of lowfin, bigeye, albacore, or skipjack the directed fishery quota for that tuna at any time, however, landings of semi-annual season will be used to ad- BFT taken incidental to fisheries tar- just the annual incidental catch quota geting other Atlantic tunas or in any accordingly. fishery in which BFT might be caught (iv) NMFS will file with the Office of will be deducted from the individual the Federal Register for publication vessel’s quota for the following BFT notification of any inseason swordfish fishing season (i.e., August 15 through quota adjustment and its apportion- December 31). Upon reaching its indi- ment made under this paragraph (c)(2) vidual vessel allocation of BFT, the of this section. vessel may not participate in a di- (3) Annual adjustments. (i) Except for rected purse seine fishery for Atlantic the carryover provisions of paragraph tunas or in any fishery in which BFT (c)(3)(ii) of this section, NMFS will file might be caught for the remainder of with the Office of the Federal Register the fishing year. for publication notification of any ad- (3) If NMFS determines that vari- justment to the annual quota nec- ations in seasonal distribution, abun- essary to meet the objectives of the dance, or migration patterns of BFT, Fishery Management Plan for Atlantic or the catch rate in one area, precludes Tuna, Swordfish and Sharks. NMFS anglers in another area from a reason- will provide at least 30 days oppor- able opportunity to harvest a portion tunity for public comment. of the Angling category quota, NMFS (ii) If consistent with applicable may close all or part of the fishery ICCAT recommendations, total land- under that category and may reopen it ings above or below the specific North at a later date if NMFS determines Atlantic or South Atlantic swordfish that BFT have migrated into the other annual quota shall be subtracted from, area. In determining the need for any or added to, the following year’s quota such interim closure or area closure, for that area. Any adjustments to the NMFS will consider: 12-month directed fishery quota will be (i) The usefulness of information ob- apportioned equally between the two tained from catches of a particular ge- semiannual fishing seasons. NMFS will ographic area of the fishery for biologi- file with the Office of the Federal Reg- cal sampling and for monitoring the ister for publication notification of any status of the stock; adjustment or apportionment made (ii) The current year catches from under this paragraph (c)(3)(ii). the particular geographic area relative to the catches recorded for that area § 635.28 Closures. during the preceding 4 years; (a) BFT. (1) When a BFT quota, other (iii) The catches from the particular than the Purse Seine category quota geographic area to date relative to the specified in § 635.27(a)(4), is reached, or entire category and the likelihood of is projected to be reached, NMFS will closure of that entire category of the file with the Office of the Federal Reg- fishery if no interim closure or area ister for publication notification of clo- closure is effected; and
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(iv) The projected ability of the en- (i) When the directed fishery for the tire category to harvest the remaining North Atlantic swordfish stock is amount of BFT before the anticipated closed, end of the fishing season. (A) No more than 15 swordfish per (b) Sharks. (1) The commercial fish- trip may be possessed in or from the ery for large coastal sharks will remain Atlantic Ocean north of 5° N. lat. or open for fixed semiannual fishing sea- landed in an Atlantic coastal state on sons, as specified at § 635.27(b)(1)(i). a vessel using or having on board a From the effective date and time of a longline. However, legally taken sword- season closure until additional quota fish from the South Atlantic swordfish becomes available, the fishery for large stock may be possessed in the Atlantic coastal sharks is closed, and sharks of Ocean north of 5° N. lat. or landed in an that species group may not be retained Atlantic coastal state on a vessel with on board a fishing vessel issued a com- a longline provided the harvesting ves- mercial permit pursuant to § 635.4. sel does no fishing on that trip in the (2) When a semiannual quota for Atlantic Ocean north of 5° N. lat. and small coastal sharks or pelagic sharks reports positions with a vessel moni- specified in § 635.27(b)(1)(ii) and toring system, as specified in § 635.69. (b)(1)(iii) is reached, or is projected to NMFS may adjust the incidental catch be reached, NMFS will file with the Of- retention limit by filing with the Of- fice of the Federal Register for publica- fice of the Federal Register for publica- tion a notice of closure at least 14 days tion notification of the change at least before the effective date. From the ef- 14 days before the effective date. fective date and time of the closure Changes in the incidental catch limits until additional quota becomes avail- will be based upon the length of the di- able, the fishery for the appropriate rected fishery closure and the esti- shark species group is closed, and mated rate of catch by vessels fishing sharks of that species group may not under the incidental catch quota. be retained on board a fishing vessel (B) No more than 2 swordfish per trip issued a commercial permit pursuant may be possessed in or from the Atlan- to § 635.4. tic Ocean north of 5° N. lat. or landed (3) When the fishery for a shark spe- in an Atlantic coastal state on a vessel cies group is closed, a fishing vessel that has been issued a handgear permit issued a shark ILAP or LAP pursuant under § 635.4(f)(1) provided that such to § 635.4 may not possess or sell a swordfish were not taken with a har- shark of that species group, and a per- poon. mitted shark dealer may not purchase (ii) When the directed fishery for the or receive a shark of that species group South Atlantic swordfish stock is from a vessel issued a shark ILAP or closed, swordfish from that stock LAP, except that a permitted shark taken incidental to fishing for other dealer or processor may possess sharks species may not be retained. that were harvested, off-loaded, and (2) Incidental catch closure. When the sold, traded, or bartered, prior to the annual incidental catch quota specified effective date of the closure and were in § 635.27(c)(1)(i) is reached, or is pro- held in storage. jected to be reached, NMFS will file (c) Swordfish—(1) Directed fishery clo- with the Office of the Federal Register sure. When the annual or semiannual for publication notification of closure. directed fishery quota specified in From the effective date and time of § 635.27(c)(1)(i) or (ii) is reached, or is such notification until an additional projected to be reached, NMFS will file incidental catch quota becomes avail- with the Office of the Federal Register able, no swordfish may be possessed in for publication notification of closure or from the Atlantic Ocean north of 5° at least 14 days before the effective N. lat. or landed in an Atlantic coastal date. From the effective date and time state, and a swordfish in or from the of the closure until additional directed Atlantic Ocean north of 5° N. lat. may fishery quota becomes available, the not be sold. However, legally taken directed fishery for the appropriate swordfish from the South Atlantic stock is closed and the following catch swordfish stock may be possessed in limits apply: the Atlantic Ocean north of 5° N. lat.
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or landed in an Atlantic coastal state (c) Shark. (1) No person shall fin any on a vessel with a longline, provided shark, i.e., remove only the fins and re- the harvesting vessel does not fish on turn the remainder of the shark to the that trip in the Atlantic Ocean north sea, shoreward of the outer boundary of of 5° N. lat. and reports positions with the EEZ and on board a vessel for a vessel monitoring system, as speci- which a commercial vessel permit for fied in § 635.69. shark has been issued. No person shall [64 FR 29135, May 28, 1999, as amended at 64 possess a shark fin on board a fishing FR 37705, July 13, 1999] vessel after the vessel’s first point of landing. No person shall possess or off- § 635.29 Transfer at sea. load wet shark fins in a quantity that (a) Persons may not transfer an At- exceeds 5 percent of the weight of the lantic tuna, blue marlin, white marlin, shark carcasses. The prohibition on or swordfish at sea in the Atlantic finning applies to all species of sharks Ocean, regardless of where the fish was in the management unit. For a list of harvested. However, an owner or oper- species in the management unit, refer ator of a vessel for which a Purse Seine to tables 1 and 2 of appendix A to this category Atlantic Tunas permit has part. been issued under § 635.4 may transfer (2) Persons that own or operate a ves- large medium and giant BFT at sea sel that has been issued a commercial from the net of the catching vessel to permit for shark may not fillet a shark another vessel for which a Purse Seine at sea. Persons may eviscerate and re- category Atlantic Tunas permit has move the head and fins, but must re- been issued, provided the amount tain the fins with the dressed car- transferred does not cause the receiv- casses. While on board and when ing vessel to exceed its currently au- offloaded, the wet shark fins may not thorized vessel allocation, including in- exceed 5 percent of the weight of the cidental catch limits. shark carcasses. (b) Persons may not transfer a shark (3) Persons that own or operate a ves- or a sailfish at sea shoreward of the sel that has been issued a commercial outer boundary of the EEZ, regardless permit that lands shark in an Atlantic of where the shark was harvested, and coastal port must have all fins weighed persons may not transfer at sea a shark in conjunction with the weighing of the or a sailfish taken shoreward of the carcasses at the vessel’s first point of outer boundary of the EEZ, regardless landing. Such weights must be re- of where the transfer takes place. corded on the weighout slips specified in § 635.5(a)(2). Persons may not possess § 635.30 Possession at sea and landing. a shark fin on board a fishing vessel (a) Atlantic tunas. Persons that own after the vessel’s first point of landing. or operate a fishing vessel that pos- The wet fins may not exceed 5 percent sesses an Atlantic tuna in the Atlantic of the weight of the carcasses. Ocean or that lands an Atlantic tuna in (4) Persons aboard a vessel that does an Atlantic coastal port must maintain not have a commercial permit for such Atlantic tuna through offloading shark must maintain a shark in or either in round form or eviscerated from the EEZ intact through landing— with the head and fins removed, pro- the head, tail, or fins may not be re- vided one pectoral fin and the tail re- moved. The shark may be bled. main attached. (d) Swordfish. Persons that own or op- (b) Billfish. Any person that possesses erate a fishing vessel that possesses a a blue marlin or a white marlin taken swordfish in the Atlantic Ocean or from its management unit or a sailfish lands a swordfish in an Atlantic coast- taken shoreward of the outer boundary al port must maintain such swordfish of the EEZ or lands a blue marlin or a in round or dressed form through off- white marlin in an Atlantic coastal loading. port must maintain such billfish with its head, fins, and bill intact through § 635.31 Restrictions on sale and pur- offloading. Persons may eviscerate chase. such billfish, but it must otherwise be (a) Atlantic tunas. (1) Persons that maintained whole. own or operate a vessel that possesses
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an Atlantic tuna may sell such Atlan- (ii) It is accompanied by a Billfish tic tuna only if that vessel has a valid Certificate of Eligibility that docu- HMS or Atlantic Tunas Charter/ ments that it was harvested from other Headboat permit, or a General, Har- than the Atlantic Ocean management poon, Longline, Purse Seine, or Trap unit. category permit for Atlantic tunas (c) Shark. (1) Persons that own or op- issued under this part. Persons may erate a vessel that possesses a shark not sell a BFT smaller than the large from the management unit may sell medium size class. However, a large such shark only if the vessel has a medium or giant BFT taken by a per- valid commercial permit for shark son on a vessel with an HMS or Atlan- issued under this part. Persons may tic Tunas Charter/Headboat permit possess and sell a shark only when the fishing in the Gulf of Mexico at any fishery for that species group has not time, or fishing outside the Gulf of been closed, as specified in § 635.28(b)(3). Mexico when the fishery under the (2) Persons that own or operate a ves- General category has been closed, may sel for which a valid commercial shark not be sold (see § 635.23(c)). Persons permit has been issued and on which a may sell Atlantic tunas only to a deal- shark from the management unit is er that has a valid permit for pur- possessed, may sell such shark only to chasing Atlantic tunas issued under a dealer that has a valid permit for this part. shark issued under this part. (2) Dealers may purchase Atlantic (3) Persons that own or operate a ves- tunas only from a vessel that has a sel for which a valid commercial shark valid commercial permit for Atlantic permit has been issued may not sell tunas issued under this part in the ap- fins from a shark harvested from the propriate category. management unit, or harvested in the (3) Dealers or seafood processors may Atlantic Ocean by a vessel for which a not purchase or sell a BFT smaller commercial permit for shark has been than the large medium size class unless issued, that are disproportionate to the it is lawfully imported and is accom- panied by a BSD, as specified in weight of shark carcasses landed (the § 635.42(a). wet fins may not exceed 5 percent of (4) A BFT in the possession of a deal- the weight of the carcasses). er or seafood processor is deemed to be (4) Only dealers that have a valid per- from the Atlantic Ocean. However, a mit for shark may purchase a shark BFT will not be deemed to be from the from the owner or operator of a fishing Atlantic Ocean if— vessel. Dealers may purchase a shark (i) It was landed in a Pacific state only from an owner or operator of a and remains in the state of landing, or vessel who has a valid commercial per- (ii) It is accompanied by a BSD, as mit for shark issued under this part, specified in § 635.42(a). except that dealers may purchase a (b) Billfish. (1) Persons may not sell shark from an owner or operator of a or purchase a billfish taken from its vessel that does not have a commercial management unit. permit for shark if that vessel fishes (2) A billfish or a closely related spe- exclusively in state waters. Dealers cies, namely, black marlin, Makaira may purchase a shark from an owner indica, striped marlin, Tetrapturus or operator of fishing vessel that has a audax, or shortbill spearfish, permit issued under this part only Tetrapturus angustirostris, or a part when the fishery for that species group thereof, in the possession of a dealer or has not been closed, as specified in seafood processor is considered, for § 635.28(b)(3). purposes of this part, to be a billfish (5) Dealers may not purchase from an from the Atlantic Ocean management owner or operator of a fishing vessel unit. However, a billfish or a closely re- shark fins that are disproportionate to lated species will not be considered to the weight of shark carcasses landed be from the Atlantic Ocean manage- (the wet fins may not exceed 5 percent ment unit if– of the weight of the carcasses). (i) It was landed in a Pacific state (d) Swordfish. (1) Persons that own or and remains in the state of landing, or operate a vessel on which a swordfish
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in or from the Atlantic Ocean is pos- search plans under § 600.745(a) and re- sessed may sell such swordfish only if ports under § 600.745(c)(1) of this chap- the vessel has a valid commercial per- ter are mandatory. In such cases of au- mit for swordfish issued under this thorized scientific research activities, part. Persons may sell such swordfish NMFS shall issue scientific research only to a dealer who has a valid permit permits. For scientific research activi- for swordfish issued under this part. ties involving the capture of Atlantic (2) Dealers may purchase a swordfish sharks, research plans and reports are harvested from the Atlantic Ocean requested; letters of acknowledgment only from an owner or operator of a shall be issued by NMFS as indicated fishing vessel that has a valid commer- under § 600.745(a) of this chapter. cial permit for swordfish issued under (c) Exempted fishing permits. (1) For this part. activities consistent with the purposes of this section and § 600.745(b)(1) of this § 635.32 Specifically authorized activi- ties. chapter, other than scientific research conducted from a scientific research (a) General. Consistent with the pro- vessel, NMFS may issue exempted fish- visions of § 600.745 of this chapter, ex- ing permits. Application procedures cept as indicated in this section, NMFS shall be as indicated under may authorize for the conduct of sci- § 600.745(b)(2) of this chapter, except entific research or the acquisition of that NMFS may consolidate requests information and data, for the enhance- for the purposes of obtaining public ment of safety at sea, for the purpose comment. In such cases, NMFS may of collecting animals for public edu- file with the Office of the Federal Reg- cation or display, or for investigating ister for publication notification on an the reduction of bycatch, economic dis- annual or, as necessary, more frequent cards or regulatory discards, activities basis to report on previously author- otherwise prohibited by the regulations ized exempted fishing activities and to contained in this part. Activities sub- solicit public comment on anticipated ject to the provisions of this section in- exempted fishing requests. clude, but are not limited to, scientific research resulting in, or likely to re- (2) Notwithstanding the provisions of sult in, the take, harvest or incidental § 600.745 of this chapter and other provi- mortality of Atlantic HMS, exempted sions of this part, a valid shark EFP is fishing and exempted educational ac- required to fish for, take, retain, or tivities, or programs under which regu- possess a shark in or from the Atlantic lated species retained in contravention EEZ for the purposes of public display to otherwise applicable regulations under the shark public display quota may be donated through approved food specified in § 635.27(b)(2). A valid shark bank networks. Such activities must EFP must be on board the harvesting be authorized in writing and are sub- vessel, must be available when the ject to all conditions specified in any shark is landed, must be available letter of acknowledgment, exempted when the shark is transported to the fishing permit or scientific research display facility, and must be presented permit issued in response to requests for inspection upon request of an au- for authorization under this section. thorized officer. A shark EFP is valid For the purposes of all regulated spe- for the specific time, area, gear, and cies covered under this part, NMFS has species specified on it. the sole authority to issue permits, au- (3) To be eligible for a shark EFP, a thorizations, and acknowledgments. If person must provide all information a regulated species landed or retained concerning his or her identification, under the authority of this section is numbers by species of sharks to be col- subject to a quota, the fish shall be lected, when and where they will be counted against the quota category as collected, vessel(s) and gear to be used, specified in the written authorization. description of the facility where they (b) Scientific research activities. For will be displayed, and any other infor- the purposes of all species covered mation that may be necessary for the under this part regulated under the au- issuance or administration of the per- thority of ATCA, the provisions for re- mit, as requested by NMFS.
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(4) Written reports on fishing activi- serve quota established for that spe- ties and disposition of catch must be cies. submitted to NMFS at an address des- ignated by NMFS, for each fish col- § 635.34 Adjustment of management lected within 5 days of the collection. measures. An annual written summary report of (a) NMFS may adjust the catch lim- all fishing activities and disposition of its for BFT, as specified in § 635.23, and all fish collected under the permit the quotas for BFT, shark, and sword- must also be submitted to NMFS at an fish, as specified in § 635.27. address designated by NMFS. NMFS (b) In accordance with the framework will provide specific conditions and re- procedures in the Fishery Management quirements, consistent with the Fish- Plan for Atlantic Tunas, Swordfish, ery Management Plan for Atlantic and Sharks and the Fishery Manage- Tunas, Swordfish, and Sharks in the ment Plan for Atlantic Billfishes, EFP. NMFS may establish or modify for spe- cies or species groups of Atlantic HMS § 635.33 Archival tags. the following management measures: (a) Implantation report. Any person maximum sustainable yield or opti- affixing or implanting an archival tag mum yield levels based on the latest into a regulated species must obtain stock assessment or updates in the written authorization from NMFS pur- SAFE report; domestic quotas; rec- suant to § 635.32. Persons so authorized reational and commercial retention to conduct archival tag implantation limits, including target catch require- must provide a written report to NMFS ments; size limits; fishing years or fish- at an address designated by NMFS, in- ing seasons; species in the management dicating the type and number of tags, unit and the specification of the spe- the species and approximate size of the cies groups to which they belong; per- fish as well as any additional informa- mitting and reporting requirements; tion requested in the authorization. Atlantic tunas Purse Seine category (b) Landing. Notwithstanding other cap on bluefin tuna quota; time/area provisions of this part, persons may restrictions; allocations among user catch, possess, retain, and land an At- groups; gear prohibitions, modifica- lantic HMS in which an archival tag tions, or use restrictions; effort restric- has been implanted or affixed, provided tions; essential fish habitat; and ac- such persons comply with the require- tions to implement ICCAT rec- ments of paragraph (c) of this section. ommendations, as appropriate. (c) Landing report. Persons that re- tain an Atlantic HMS that has an ar- Subpart D—Restrictions on Imports chival tag must contact NMFS, prior to or at the time of landing; furnish all § 635.40 Restrictions to enhance con- requested information regarding the lo- servation. cation and method of capture; and, as (a) Determinations. Upon a determina- instructed, remove the archival tag tion by NMFS that species of fish sub- and return it to NMFS or make the ject to regulation or under investiga- fish available for inspection and recov- tion by ICCAT are ineligible for entry ery of the tag by a NMFS scientist, en- into the United States under 16 U.S.C. forcement agent, or other person des- 971d (c)(4) or (c)(5), NMFS, with the ignated in writing by NMFS. concurrence of the Secretary of State, (d) Quota monitoring. If an Atlantic will file with the Office of the Federal HMS landed under the authority of Register for publication a finding to paragraph (b) of this section is subject that effect. Effective upon the date of to a quota, the fish will be counted filing of such finding, all shipments of against the applicable quota for the fish in any form of the species found to species consistent with the fishing gear be ineligible will be denied entry un- and activity which resulted in the less, with respect to a particular ship- catch. In the event such fishing gear or ment, it is established by satisfactory activity is otherwise prohibited under proof pursuant to paragraph (b) of this applicable provisions of this part, the section that the particular shipment of fish shall be counted against the re- fish is eligible for entry. Entry will not
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be denied and no such proof will be re- (c) Removal of import restrictions. Upon quired for any such shipment that, on a determination by NMFS that the the date of filing was in transit to the conditions no longer exist that war- United States on board a vessel oper- ranted the the finding under paragraph ating as a common carrier. (a) of this section, NMFS will remove (b) Proof of admissibility. (1) For the the import restriction by filing with purposes of paragraph (a) of this sec- the Office of the Federal Register for tion and section 6(c) of ATCA, a ship- publication notification of removal ef- ment of fish in any form of the species fective on the date of filing. However, under regulation or under investiga- for 1 year from the date of filing every tion by ICCAT offered for entry, di- shipment of fish in any form that was rectly or indirectly, from a country subject to the finding under paragraph named in a finding filed with the Office (a) of this section will continue to be of the Federal Register for publication denied entry, unless the shipment is under paragraph (a) of this section is accompanied by a certification exe- eligible for entry if the shipment is ac- cuted by an authorized official of the companied by a completed ATCA COE country of export and authenticated by attached to the invoice certifying that a consular officer or consular agent of the fish in the shipment: the United States certifying that no (i) Are not of the species specified in portion of the shipment is composed of the finding; fish taken prior to or during the im- port restriction. (ii) Are of the species named in the finding, but were not taken in the reg- § 635.41 Species subject to documenta- ulatory area; or tion requirements. (iii) Are of the species named in the Imports into the United States and finding, but are products of an Amer- exports or re-exports from the United ican fishery and were lawfully taken in States of all BFT or BFT products, re- conformity with applicable conserva- gardless of ocean area of catch, are tion laws and regulations and landed in subject to the documentation require- the country named in the finding sole- ments of this subpart. ly for transshipment. (a) Documentation is required for (2) If the fish are offered for entry BFT identified by the following item under paragraph (b)(1)(i) or (b)(1)(ii) of numbers from the Harmonized Tariff this section, the ATCA COE must be Schedule: executed by a duly authorized official (1) Fresh or chilled BFT, excluding of the country named in the finding fillets and other fish meat, No. and the ATCA COE must be validated 0302.39.00.20. by a consular officer or consular agent (2) Frozen BFT, excluding fillets, No. of the United States. Such validation 0303.49.00.20. must be attached to the ATCA COE. (b) In addition, BFT products in (3) If the fish are offered for entry other forms (e.g., chunks, fillets, under paragraph (b)(1)(iii) of this sec- canned) listed under any other item tion, the ATCA COE must be executed numbers from the Harmonized Tariff by a consular officer or consular agent Schedule are subject to the documenta- of the United States and be accom- tion requirements of this subpart, ex- panied by the declaration(s) required cept that fish parts other than meat by 19 CFR 10.79. The ‘‘Declaration of (e.g., heads, eyes, roe, guts, tails) may Master and Two Members of Crew on be allowed entry without said statis- Entry of Products of American Fish- tical documentation. eries’’ required by 19 CFR 10.79 must (c) Southern bluefin tuna (Thunnus contain a further statement as follows: maccoyii) may be allowed entry without ‘‘We further declare that the said fish the statistical documentation required were caught by us in full compliance under this section. with part 635, title 50, Code of Federal Regulations, and such other conserva- § 635.42 Documentation requirements. tion laws and regulations as were ap- (a) BFT imports. (1) Imports of all plicable at the time the fishing oper- BFT products into the United States ation was in progress.’’ must be accompanied at the time of
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entry (filing of Customs Form 7501 or validated as specified in § 635.44(b). A electronic equivalent) by an original list of such officials may be obtained completed approved BSD with the in- by contacting NMFS. A dealer request- formation and exporter’s certification ing U.S. Government validation for ex- specified in § 635.43(a). Customs Form ports should notify NMFS as soon as 7501 can be obtained by contacting U.S. possible after arrival of the vessel to Customs at http:// avoid delays in inspection and valida- www.customs.treas.gov/order.htm. tion of the export shipment. Such information must be validated as (2) A dealer who re-exports BFT that specified in § 635.44(a) by a responsible was previously imported into the government official of the country United States through filing an entry whose flag vessel caught the tuna (re- summary (Customs Form 7501 or elec- gardless of where the fish are first tronic equivalent) must provide on the landed). original BSD that accompanied the im- (2) BFT imported into the United port shipment the correct information States from a country requiring a BSD and intermediate importer’s certifi- tag on all such tuna available for sale cation specified in § 635.43(a)(13) and must be accompanied by the appro- must note on the top of the BSD the priate BSD tag issued by that country, entry number assigned at the time of and said BSD tag must remain on any filing the entry summary. This require- tuna until it reaches its final import ment does not apply to BFT destined destination. If the final import destina- from one foreign country to another tion is the United States, the BSD tag which transits the United States and must remain on the tuna until it is cut for which an entry summary (Customs into portions. If the tuna portions are Form 7501 or electronic equivalent) is subsequently packaged for domestic not filed and for which a Shipper’s Ex- commercial use or re-export, the BSD port Declaration for in-transit mer- tag number and the issuing country chandise (Customs Form 7513 or elec- must be written legibly and indelibly tronic equivalent) is filed. Customs on the outside of the package. Form 7513 can be obtained by con- (3) A dealer who sells BFT that was tacting U.S. Customs at http:// previously imported into the United www.customs.treas.gov/order.htm. States for domestic commercial use (3) A dealer must submit the original must provide on the original BSD that of the completed BSD to accompany accompanied the import shipment the the shipment of BFT to its export or correct information and importer’s cer- re-export destination. A copy of the tification specified in § 635.43(a)(13) and BSD completed as specified under para- must note on the top of the BSD the graph (b)(1) or (b)(2) of this section entry number assigned at the time of must be postmarked and mailed by said filing the entry summary. The original dealer to NMFS, at an address des- of the completed BSD must be post- ignated by NMFS, within 24 hours of marked and mailed, or faxed, by said the time the tuna was exported or re- dealer to NMFS at an address des- exported from the United States. ignated by NMFS within 24 hours of (c) Recordkeeping. A dealer must re- the time the tuna was imported into tain at his or her principal place of the United States. business a copy of each BSD required (b) BFT exports. (1) A dealer who ex- to be submitted to NMFS pursuant to ports BFT that was harvested by U.S. this section for a period of 2 years from vessels and first landed in the United the date on which it was submitted to States must complete an original num- NMFS. bered BSD issued to that dealer by NMFS. Such an individually numbered § 635.43 Contents of documentation. document is not transferable and may (a) A BSD, to be deemed complete, be used only once by the dealer to must state: which it was issued to report on a spe- (1) The document number assigned by cific export shipment. A dealer must the country issuing the document. provide on the BSD the correct infor- (2) The name of the country issuing mation and exporter certification spec- the document, which must be the coun- ified in § 635.43(a). The BSD must be try whose flag vessel harvested the
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BFT, regardless of where the tuna is (c) A dealer who exports bluefin tuna first landed. to the United States may use the ap- (3) The name of the vessel that proved BSD obtainable from NMFS or caught the fish and the vessel’s reg- a document developed by the country istration number, if applicable. of export, if that country submits a (4) The name of the owner of the trap copy to the ICCAT Executive Secre- that caught the fish, if applicable. tariat and NMFS concurs with the (5) The point of export, which is the ICCAT Secretariat’s determination city, state or province, and country that the document meets the informa- from which the BFT is first exported. tion requirements of the ICCAT rec- (6) The product type (fresh or frozen) ommendation. In such case, NMFS will and product form (round, gilled and provide a list of countries for which gutted, dressed, fillet, or other). BSDs are approved, with examples of (7) The method of fishing used to har- approved documents, to the appro- vest the fish (e.g., purse seine, trap, rod priate official of the U.S. Customs and reel). Service. Effective upon the date indi- (8) The ocean area from which the cated in such notice to the U.S. Cus- fish was harvested (i.e., western Atlan- toms Service, shipments of BFT or tic, eastern Atlantic, Mediterranean, BFT products offered for importation or Pacific). from said country(ies) may be accom- (9) The weight of each fish (in kilo- panied by either that country’s ap- grams for the same product form pre- proved BSD or by the BSD provided to viously specified). the foreign country exporter by NMFS. (10) The identifying BSD tag number, if landed by vessels from countries § 635.44 Validation requirements. with tagging programs. (a) Imports. The approved BSD ac- (11) The name and license number of, companying any import of BFT, re- and be signed and dated in the export- er’s certification block by, the ex- gardless of whether the issuing country porter. is a member of ICCAT, must be vali- (12) If applicable, the name and title dated by a government official from of, and be signed and dated in the vali- the issuing country, unless NMFS dation block by, a responsible govern- waives this requirement for that coun- ment official of the country whose flag try following a recommendation to do vessel caught the tuna (regardless of so by the ICCAT Secretariat. NMFS where the tuna are first landed) or by will furnish a list of countries for an official of an institution accredited which government validation require- by said government, with official gov- ments are waived to the appropriate of- ernment or accredited institution seal ficial of the U.S. Customs Service. affixed, thus validating the informa- Such list will indicate the cir- tion on the BSD. cumstances of exemption for each (13) As applicable, the name(s) and issuing country and the non-govern- address(es), including the name of the ment institutions, if any, accredited to city and state or province of import, validate BSDs for that country. and the name(s) of the intermediate (b) Exports. The approved BSD ac- country(ies) or the name of the coun- companying any export of BFT from try of final destination, and license the United States must be validated by number(s) of, and be signed and dated a U.S. Government official, except pur- in the importer’s certification block by suant to a waiver, if any, specified on each intermediate and the final im- the form and accompanying instruc- porter. tions, or in a letter to the permitted (b) An approved BSD may be ob- dealer from NMFS. Any waiver of gov- tained from NMFS to accompany ex- ernment validation will be consistent ports of BFT from the United States. A with ICCAT recommendations con- BFT dealer in a country that does not cerning validation of BSDs. If author- provide an approved BSD to exporters ized, such waiver of government valida- may obtain an approved BSD from tion may include: NMFS to accompany exports to the (1) Exemptions from government val- United States. idation for fish with individual BSD
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tags affixed pursuant to § 300.26 of this indirectly, from any country is admis- title or § 635.5(b)(2)(ii); or sible only if accompanied by a sword- (2) Validation by non-government of- fish COE. A swordfish COE is required ficials authorized to do so by NMFS for swordfish identified by any item under paragraph (c) of this section. number from the Harmonized Tariff (c) Authorization for non-government Schedule including but not limited to validation. An institution or associa- the following: tion seeking authorization to validate (i) Fresh or chilled swordfish steaks, BSDs accompanying exports from the No. 0302.69.20.41. United States must apply in writing to (ii) Fresh or chilled swordfish, ex- the Director for such authorization. cluding steaks, No. 0302.69.20.49. The application must indicate the pro- (iii) Frozen swordfish steaks, No. cedures to be used for verification of 0302.79.20.41. information to be validated, list the (iv) Frozen swordfish, excluding fil- names, addresses, and telephone/fax lets, steaks and other fish meat, No. numbers of individuals to perform vali- 0302.79.20.49. dation, and provide an example of the stamp or seal to be applied to the BSD. (v) Frozen swordfish, fillets, No. NMFS, upon finding the institution or 0304.20.60.92. association capable of verifying the in- (2) The swordfish COE required under formation required on the BSD, will this section must indicate, in English, issue, within 30 days, a letter speci- the flag state of the harvesting vessel, fying the duration of effectiveness and the ocean area of harvest and, if the conditions of authority to validate shipment contains swordfish or parts BSDs accompanying exports from the thereof less than the minimum size United States. The effectiveness of specified at § 635.20(e), the reason such such authorization will be delayed as swordfish is eligible for entry, as speci- necessary for NMFS to notify the fied in paragraph (a) of this section. ICCAT Secretariat of non-government The swordfish COE shall be attached to institutions and associations author- the invoice accompanying the sword- ized to validate BSDs. fish shipment from the point of origi- nal export up to and including the § 635.45 Import restrictions for Belize, point of first transaction in the United Honduras, and Panama. States. All shipments of BFT or BFT prod- (3) The swordfish COE required under ucts in any form harvested by a vessel this section must include, in English, of Belize, Honduras, or Panama will be the date, the name, the title of the gov- denied entry into the United States. ernmental official or other authorized person, and the name of the author- § 635.46 Import restrictions on sword- izing government agency of the coun- fish. try exporting the swordfish to the (a) General. To facilitate enforcement United States. The swordfish COE must of domestic regulations, a swordfish, or be signed and dated by that govern- part thereof, less than the minimum mental official or authorized person size specified at § 635.20(e) may not be with an official government seal af- imported, or attempted to be imported, fixed, thus validating the information into the United States unless it is ac- on the COE. (4) A swordfish COE may companied by the swordfish certificate refer to swordfish taken from only one of eligibility as specified in paragraph ocean area of harvest (i.e., Atlantic, (b) of this section attesting either that Pacific, Indian) and by vessels under the swordfish was harvested from an the jurisdiction of only one nation. If a ocean area other than the Atlantic shipment contains swordfish taken Ocean or that the fish part was derived from more than one ocean area, or from a swordfish, harvested from the swordfish harvested by several vessels Atlantic Ocean, that weighed at least from different flag states, a separate 33 lb (15 kg) dw at harvest. swordfish COE must accompany the (b) Swordfish COE. (1) A shipment of shipment for each ocean area of har- swordfish in any form offered for im- vest and for each flag nation of the port into the United States, directly or harvesting vessels.
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(5) A model swordfish COE can be ob- ject to inspection under this subpart to tained by contacting the Division verify compliance with ICCAT meas- Chief. An equivalent form may be used ures by an authorized officer when provided it contains all the informa- landing or transshipping tuna or when tion required under this section. making a port call at a port of any (6) The importer must write the Cus- ICCAT contracting party. toms Form 7501 entry number on each (b) A vessel, or a vessel carrying fish swordfish COE and attach to the dealer species subject to regulation pursuant report form all swordfish COEs from to a recommendation of ICCAT, that is shipments that are recorded on the bi- registered by any of the ICCAT con- weekly dealer report form. tracting parties, and the vessel’s catch, § 635.47 Ports of entry. gear, and relevant documents, includ- ing fishing logbooks and cargo mani- NMFS shall monitor the importation fests, are subject to inspection under of BFT and swordfish into the United this subpart to verify compliance with States. If NMFS determines that the ICCAT measures when landing or diversity of handling practices at cer- tain ports at which BFT or swordfish is transshipping regulated species or being imported into the United States when making a port call in the United allows for circumvention of the BSD or States. swordfish COE requirement, NMFS (c) The master of a vessel, or a vessel may designate, after consultation with carrying fish species subject to regula- the U.S. Customs Service, those ports tion pursuant to a recommendation of at which Pacific or Atlantic bluefin ICCAT, must cooperate with an author- tuna or swordfish from any source may ized officer during the conduct of an in- be imported into the United States. spection in national and foreign ports. NMFS shall announce through filing Inspections will be carried out so that with the Office of the Federal Register the vessel suffers minimum inter- for publication the names of ports so ference and inconvenience, and so that designated and the effective dates of degradation of the quality of catch is entry restrictions. avoided. Subpart E–International Port § 635.53 Reports. Inspection (a) Apparent violations shall be re- ported by the authorized officer on a § 635.50 Basis and purpose. standardized ICCAT form or form pro- The regulations in this subpart im- duced by the national government plement the ICCAT port inspection which collects the same quality of in- scheme. The text of the ICCAT port in- formation. The authorized officer must spection scheme may be obtained from sign the form in the presence of the NMFS. master of the vessel, who is entitled to add or have added to the report any ob- § 635.51 Authorized officer. servations, and to add his own signa- For the purposes of this subpart, an ture. The authorized officer should authorized officer is a person appointed note in the vessel’s log that the inspec- by an ICCAT contracting party to tion has been made. serve as an authorized inspector for (b) Copies of the report form must be ICCAT, and who possesses identifica- sent to the flag state of the vessel and tion issued by the authorized officer’s to the ICCAT Secretariat within 10 national government. days. Flag states will consider and act § 635.52 Vessels subject to inspection. on reports of apparent violations by foreign inspectors on a similar basis as (a) All U.S. fishing vessels or vessels the reports of their national inspectors carrying fish species subject to regula- tion pursuant to a recommendation of in accordance with their national legis- ICCAT, and their catch, gear, and rel- lation. The vessel’s flag state will no- evant documents, including fishing tify ICCAT of actions taken to address logbooks and cargo manifests, are sub- the violation.
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Subpart F–Enforcement checklist and submit such certification to NMFS as indicated on the checklist. § 635.69 Vessel monitoring systems. Vessels fishing prior to submission of (a) Applicability. To facilitate en- the certification will be in violation of forcement of time-area and fishery clo- the VMS requirement. sures, an owner or operator of a com- (e) Operation. Owners or operators of mercial vessel permitted to fish for At- vessels permitted, or required to be lantic HMS under § 635.4 and that fishes permitted, to fish for HMS that have with a pelagic longline is required to pelagic longline gear on board, must install a NMFS-approved vessel moni- activate the VMS to submit automatic toring system (VMS) unit on board the position reports beginning 2 hours vessel and operate the VMS unit when- prior to leaving port and not ending ever the vessel leaves port with pelagic until the vessel returns to port. While longline gear on board. at sea, the unit must operate without (b) Hardware specifications. The VMS interruption and no person may inter- hardware must be approved by NMFS fere with, tamper with, alter, damage, and must be able to perform all NMFS disable, or impede the operation of a required functions. NMFS will file with VMS, or attempt any of the same. Ves- the Office of the Federal Register for publication notification listing the sels fishing outside the geographic area specifications for approved VMS units. of operation of the installed VMS will As necessary, NMFS will make addi- be in violation of the VMS require- tions and/or amendments to the VMS ment. hardware type approval list to account (f) Interruption. When the vessel oper- for changes in specifications or new ator is aware that transmission of products offered by manufacturers. automatic position reports has been in- NMFS will file with the Office of the terrupted, or when notified by NMFS Federal Register for publication notifi- that automatic position reports are not cation listing such additions and/or being received, the vessel operator amendments. must contact NMFS and follow the in- (c) Communications specifications. The structions given. Such instructions communications service provider must may include but are not limited to be approved by NMFS and must be able manually communicating to a location to provide all NMFS required func- designated by NMFS the vessel’s posi- tions. NMFS will file with the Office of tion or returning to port until the VMS the Federal Register for publication is operable. notification listing the specifications (g) Repair and replacement. After a for approved VMS communications fishing trip during which interruption service providers. As necessary, NMFS of automatic position reports has oc- will make additions and/or amend- curred, the vessel’s owner or operator ments to the VMS communications must replace or repair the VMS unit service providers type approval list to prior to the vessel’s next trip. Repair account for changes in specifications or reinstallation of a VMS unit or in- or new services offered by communica- stallation of a replacement, including tions providers. NMFS will file with the Office of the Federal Register for change of communications service pro- publication notification listing such vider shall be in accordance with the additions and/or amendments. checklist provided by NMFS and re- (d) Installation and service activation. quire the same certification. When installing and activating the (h) Access. As a condition to obtain- NMFS-approved VMS unit, a vessel ing a limited access permit for Atlan- owner or operator must follow proce- tic swordfish, sharks or tunas, all ves- dures indicated on an installation and sel owners or operators using pelagic activation checklist obtained from longline gear subject to the VMS provi- NMFS. Re-installation shall require sions of this section must allow NMFS, the same checklist. Upon completion of the USCG, and their authorized officers installation, the vessel owner must and designees access to the vessel’s po- sign a statement certifying compliance sition data obtained from the VMS at with the installation procedures of the the time of or after its transmission to
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the vendor or receiver, as the case may (4) Sell or transfer or attempt to sell be. or transfer an Atlantic tuna, shark, or swordfish other than to a dealer that [64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999] has a valid dealer permit issued under § 635.4, except that this does not apply EFFECTIVE DATE NOTE: At 64 FR 29135, May to a shark harvested from a vessel that 28, 1999, § 635.69 was added, effective Sept. 1, has not been issued a permit under this 1999. At 64 FR 43101, Aug. 9, 1999, the effective date was delayed until Jan. 1, 2000. part and that fishes exclusively within the waters under the jurisdiction of § 635.70 Penalties. any state. (5) Fail to possess and make available (a) General. See § 600.735 of this chap- for inspection a vessel permit on board ter. the permitted vessel or upon transfer (b) . Civil procedures for Atlantic tuna of HMS to a dealer or a dealer permit Because of the perishable nature of At- at the dealer’s place of business, or to lantic tuna when it is not chilled or alter any such permit as specified in frozen, an authorized officer may cause § 635.4(a). to be sold, for not less than its reason- (6) Falsify or fail to record, report, or able market value, unchilled or maintain information required to be unfrozen Atlantic tuna that may be recorded, reported, or maintained, as seized and forfeited under ATCA and specified in § 635.5. this part. (7) Fail to allow an authorized agent § 635.71 Prohibitions. of NMFS to inspect and copy reports and records, as specified in § 635.5(f). In addition to the prohibitions speci- (8) Fail to make available for inspec- fied in § 600.725 of this chapter, it is un- tion an Atlantic HMS or its area of lawful for any person subject to the ju- custody, as specified in § 635.5(g). risdiction of the United States to vio- late any provision of this part, ATCA, (9) Fail to report the catching of any the Magnuson-Stevens Act, or any Atlantic HMS to which a conventional other rules promulgated under ATCA tag has been affixed under a tag and re- or the Magnuson-Stevens Act. lease program. (a) General. It is unlawful for any per- (10) Falsify or fail to display and son or vessel subject to the jurisdiction maintain vessel and gear identifica- of the United States to: tion, as specified in § 635.6. (1) Falsify information required on (11) Fail to comply with the require- an application for a permit submitted ments for at-sea observer coverage, as under § 635.4 or § 635.16. specified in § 635.7 and § 600.746. (2) Fish for, catch, possess, retain, or (12) For any person to assault, resist, land an Atlantic HMS without the ap- oppose, impede, intimidate, interfere propriate valid vessel permit, LAP, or with, obstruct, delay, or prevent, by EFP on board the vessel, as specified in any means, any authorized officer in §§ 635.4 and 635.32. the conduct of any search, inspection, (3) Purchase, receive, or transfer or seizure or lawful investigation made in attempt to purchase, receive, or trans- connection with enforcement of this fer, for commercial purposes, any At- part. lantic HMS landed by owners of vessels (13) Interfere with, delay, or prevent not permitted to do so under § 635.4, or by any means, the apprehension of an- purchase, receive, or transfer, or at- other person, knowing that such person tempt to purchase, receive, or transfer, has committed any act prohibited by for commercial purposes, any Atlantic this part. HMS without the appropriate valid (14) Fail to install, activate, repair or dealer permit issued under § 635.4, ex- replace a vessel monitoring system cept that this does not apply to a shark prior to leaving port with pelagic harvested from a vessel that has not longline gear on board the vessel as been issued a permit under this part specified in § 635.69. and that fishes exclusively within the (15) Tamper with, or fail to operate waters under the jurisdiction of any and maintain a vessel monitoring sys- state. tem as specified in § 635.69.
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(16) Fail to contact NMFS or follow (1) Engage in fishing with a vessel NMFS instructions when automatic po- that has a permit for Atlantic tuna sition reporting has been interrupted under § 635.4, unless the vessel travels as specified in § 635.69. to and from the area where it will be (17) Fish for Atlantic tunas or sword- fishing under its own power and the fish with a gillnet for or possess Atlan- person operating that vessel brings any tic tunas or swordfish on board a vessel BFT under control (secured to the with a gillnet on board, as specified in catching vessel or on board) with no as- § 635.21 (b), (d)(1), and (d)(4)(ii). sistance from another vessel, except as (18) Fail to retrieve fishing gear and shown by the operator that the safety move after an interaction with a ma- of the vessel or its crew was jeopard- rine mammal or sea turtle, as specified ized or other circumstances existed in § 635.21(c)(3). that were beyond the control of the op- (19) Fail to release an Atlantic HMS erator. in the manner specified in § 635.21(a). (2) Import or export bluefin tuna (20) Fail to report the retention of an without a dealer permit, as specified in Atlantic HMS that has an archival tag, § 635.4(a)(4) and (g)(1). as specified in § 635.33. (3) Fish for, catch, retain, or possess (21) Fail to maintain an Atlantic a BFT less than the large medium size HMS in the form specified in § 635.30. class by a vessel other than one that has on board an Angling category At- (22) Fish for, catch, retain, or possess lantic tunas permit, an HMS or Atlan- an Atlantic HMS that is less than its tic Tunas Charter/Headboat permit, or minimum size limit specified in § 635.20. a Purse Seine category Atlantic tunas (23) Fail to comply with the restric- permit as authorized under § 635.23 (b), tions on use of a pelagic longline or (c), and (e)(2). shark gillnet as specified in § 635.21 (c) (4) Fail to inspect a vessel’s permit, and (d)(3)(ii) and (iii). fail to affix a dealer tag to a large me- (24) Import any BFT or swordfish in a dium or giant BFT, or fail to use such manner inconsistent with any ports of tag as specified in § 635.5(b)(2). entry designated by NMFS as author- (5) Fail to report a large medium or ized by § 635.47. giant BFT that is not sold, as specified (25) Dispose of fish or parts thereof or in § 635.5(a)(3) and § 635.5(c). other matter in any manner after any (6) As an angler, fail to report a BFT, communication or signal from an au- as specified in § 635.5(a)(3). thorized officer, or after the approach (7) Fish for, catch, retain, or possess of an authorized officer. a BFT with gear not authorized for the (26) Violate the terms and conditions category permit issued to the vessel or or any provision of an exempted fishing to have on board such gear when in permit or scientific research permit possession of a BFT, as specified in issued under the authority of § 635.32. § 635.21(d)(1). (27) Operate a charterboat or (8) Fail to request an inspection of a headboat without a valid U.S. Coast purse seine vessel, as specified in Guard merchant marine or uninspected § 635.21(d)(1)(vi)(B). passenger vessel license on board the (9) Fish for or catch BFT in a di- vessel when fishing for or possessing rected fishery with purse seine nets Atlantic HMS as specified at without an allocation made under § 635.4(c)(2). § 635.27(a)(4). (28) Violate any provision of this (10) Fish for or catch any Atlantic part, the Magnuson-Stevens Act, tunas in a directed fishery with purse ATCA, or any regulations or permits seine nets from August 15 through De- issued under the Magnuson-Stevens cember 31 if there is no remaining BFT Act or ATCA. allocation made under § 635.27 (a)(4). (29) Fail to comply with the restric- (11) Exceed the recreational catch tions on importing HMS as specified at limit for yellowfin tuna, as specified in §§ 635.40, 635.41 and 635.46. § 635.22(d). (b) Atlantic tunas. It is unlawful for (12) Exceed a catch limit for BFT any person or vessel subject to the ju- specified for the appropriate permit risdiction of the United States to: category, as specified in § 635.23.
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(13) As a vessel with a General cat- (22) As the owner or operator of a egory Atlantic tuna permit, fail to im- purse seine vessel, fail to comply with mediately cease fishing and imme- the requirements for weighing, meas- diately return to port after catching a uring, and information collection spec- large medium or giant BFT on a com- ified in § 635.30(a)(2). mercial fishing day, as specified in (23) Fish for, catch, possess, or retain § 635.23(a)(3). a BFT from the Gulf of Mexico except (14) As a vessel with an Angling cat- as specified under § 635.23(f)(1), or if egory Atlantic tunas permit or an HMS taken incidental to recreational fish- or Atlantic Tunas Charter/Headboat ing for other species and retained in ac- permit, fail to immediately cease fish- cordance with § 635.23(b) and (c). ing and immediately return to port (24) Fail to comply with the restric- after catching a large medium or giant tions on sale and purchase of an Atlan- BFT or fail to report such catch, as tic tuna, as specified in §§ 635.5(b), specified in § 635.23(b)(1)(iii) and (c)(1) 635.23, and 635.31(a). through (c)(3). (25) Fail to comply with the docu- (15) As a vessel with an Angling cat- mentation requirements for imported egory Atlantic tunas permit or an HMS or exported BFT or BFT products, as or Atlantic Tunas Charter/Headboat specified in § 635.42. permit, sell, offer for sale, or attempt (26) Import a BFT or BFT product to sell a large medium or giant BFT into the United States from Belize, after fishing under the circumstances Panama, or Honduras other than as au- specified in § 635.23(b)(1)(iii) and (c)(1) thorized in § 635.45. through (3). (27) For any person to refuse to pro- (16) Retain a BFT caught under the vide information requested by NMFS catch and release program specified in personnel or anyone collecting infor- § 635.26. mation for NMFS, under an agreement (17) As a vessel with a Purse Seine or contract, relating to the scientific category Atlantic tuna permit, catch, monitoring or management of Atlantic possess, retain, or land BFT in excess tunas. of its allocation of the Purse Seine cat- (c) Billfish. It is unlawful for any per- egory quota, or fish for BFT under that son or vessel subject to the jurisdiction allocation prior to August 15, as speci- of the United States to: fied in § 635.27(a)(4). (1) Retain a billfish on board a vessel (18) As a vessel with a Purse Seine with a pelagic longline on board or har- category Atlantic tunas permit, land vested by gear other than rod and reel, BFT smaller than the large medium as specified in § 635.21(d)(2). size class except as specified under (2) Transfer a billfish at sea, as speci- § 635.23(e)(2). fied in § 635.29(a). (19) Fish for, retain, possess, or land (3) Fail to maintain a billfish in the a BFT when the fishery is closed, as form specified in § 635.30(b). specified in § 635.28(a), except as may be (4) Sell or purchase a billfish, as spec- authorized for catch and release under ified in § 635.31(b). § 635.26. (5) Retain on board a vessel a longbill (20) Approach to within 100 yd (91.5 spearfish, or a blue marlin, white mar- m) of the cork line of a purse seine net lin or sailfish that is less than the min- used by a vessel fishing for Atlantic imum size specified in § 635.20(d). tuna, or for a purse seine vessel to ap- (d) Shark. It is unlawful for any per- proach to within 100 yd (91.5 m) of a son or vessel subject to the jurisdiction vessel actively fishing for Atlantic of the United States to: tuna, except that two vessels that have (1) Exceed a recreational retention Purse Seine category Atlantic tuna limit for shark, as specified in permits may approach closer to each § 635.22(c). other. (2) Exceed a commercial retention (21) Transfer at sea an Atlantic tuna, limit for shark, as specified in except as may be authorized for the § 635.24(a). transfer of BFT between purse seine (3) Retain, possess, or land a shark of vessels, as specified in § 635.29(a). a species group when the fishery for
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that species group is closed, as speci- sell, or purchase a swordfish, as speci- fied in § 635.28(b)(1) and (b)(2). fied in § 635.28(c)(2). (4) Sell or purchase a shark of a spe- (5) Transfer at sea a swordfish, as cies group when the fishery for that specified in § 635.29(a). species group is closed, as specified in (6) Fail to maintain a swordfish in § 635.28(b)(3). the form specified in § 635.30(d). (5) Transfer a shark at sea, as speci- (7) Fail to comply with the restric- fied in § 635.29(b). tions on sale and purchase of a sword- (6) Remove the fins from a shark list- fish, as specified in § 635.31(d). ed in tables 1 and 2 in appendix A to (8) Fish for North Atlantic swordfish this part, and discard the remainder, or from, or possess or land North Atlantic otherwise fail to maintain a shark in swordfish on board a vessel, using or its proper form, as specified in having on board gear other than pe- § 635.30(c)(1) through (c)(4). lagic longline, harpoon, rod and reel, or (7) Have on board a fishing vessel, handline. sell, or purchase shark fins that are (9) Fish for swordfish from the South disproportionate to the weight of shark Atlantic swordfish stock using any carcasses, as specified in § 635.30(c)(2) gear other than pelagic longline. and (c)(3). (10) Fail to comply with the docu- mentation requirements for the impor- (8) Fail to have shark fins and car- tation of a swordfish, or part thereof, casses weighed and recorded, as speci- that is less than the minimum size, as fied in § 635.30(c)(3). specified in § 635.46. (9) Fail to comply with the restric- (11) Falsify information submitted tions on sale and purchase of a shark, under § 635.16(d)(2) or (d)(4) in support as specified in § 635.31(c). of an application for an ILAP or an ap- (10) Retain, possess, sell, or purchase peal of NMFS’s denial of an initial lim- a prohibited shark. ited access permit for swordfish. (11) Falsify information submitted (12) Falsify information submitted under § 635.16(d)(2) or (d)(4) in support under § 635.46(b) in support of entry of of an application for an ILAP or an ap- imported swordfish. peal of NMFS’s denial of an ILAP for (13) Exceed the incidental catch re- shark. tention limits specified at § 635.24(b). (12) Fish for Atlantic sharks with un- authorized gear or possess Atlantic [64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999] sharks on board a vessel with unau- thorized gear on board as specified in APPENDIX A TO PART 635—SPECIES § 635.21(d)(3). TABLES (13) Fish for Atlantic sharks with a gillnet or possess Atlantic sharks on TABLE 1 OF APPENDIX A TO PART 635–OCEANIC board a vessel with a gillnet on board, SHARKS except as specified in § 635.21(d)(3). A. Large coastal sharks: (e) Swordfish. It is unlawful for any person or vessel subject to the jurisdic- 1. Ridgeback sharks: tion of the United States to: Sandbar, Carcharhinus plumbeus (1) Purchase, barter for, or trade for Silky, Carcharhinus falciformis a swordfish from the north or south At- Tiger, Galeocerdo cuvieri lantic swordfish stock or import a 2. Non-ridgeback sharks: swordfish harvested from any ocean Blacktip, Carcharhinus limbatus area without a dealer permit, as speci- Bull, Carcharhinus leucas fied in § 635.4(g)(3). Great hammerhead, Sphyrna mokarran (2) Fail to comply with the restric- Lemon, Negaprion brevirostris tions on use of a pelagic longline speci- Nurse, Ginglymostoma cirratum fied in § 635.21(b) and (c). Scalloped hammerhead, Sphyrna lewini Smooth hammerhead, Sphyrna zygaena (3) When the directed fishery for Spinner, Carcharhinus brevipinna swordfish is closed, exceed the limits specified in § 635.28(c)(1)(i) and (c)(1)(ii). B. Small coastal sharks: (4) When the incidental catch fishery Atlantic sharpnose, Rhizoprionodon for swordfish is closed, possess, land, terraenovae
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Blacknose, Carcharhinus acronotus Florida smoothhound, Mustelus norrisi Bonnethead, Sphyrna tiburo Smooth dogfish, Mustelus canis Finetooth, Carcharhinus isodon C. Pelagic sharks: PART 640—SPINY LOBSTER FISHERY Blue, Prionace glauca OF THE GULF OF MEXICO AND Oceanic whitetip, Carcharhinus longimanus SOUTH ATLANTIC Porbeagle, Lamna nasus Shortfin mako, Isurus oxyrinchus Subpart A—General Provisions Thresher, Alopias vulpinus. D. Prohibited sharks: Sec. 640.1 Purpose and scope. Atlantic angel, Squatina dumerili 640.2 Definitions. Basking, Cetorhinus maximus 640.3 Relation to other laws. Bigeye sand tiger, Odontaspis noronhai 640.4 Permits and fees. Bigeye sixgill, Hexanchus vitulus Bigeye thresher, Alopias superciliosus 640.5 Recordkeeping and reporting. [Re- Bignose, Carcharhinus altimus served] Caribbean reef, Carcharhinus perezi 640.6 Vessel and gear identification. Caribbean sharpnose, Rhizoprionodon porosus 640.7 Prohibitions. Dusky, Carcharhinus obscurus 640.8 Facilitation of enforcement. Galapagos, Carcharhinus galapagensis 640.9 Penalties. Longfin mako, Isurus paucus Narrowtooth, Carcharhinus brachyurus Subpart B—Management Measures Night, Carcharhinus signatus Sand tiger, Odontaspis taurus 640.20 Seasons. Sevengill, Heptranchias perlo 640.21 Harvest limitations. Sixgill, Hexanchus griseus 640.22 Gear and diving restrictions. Smalltail, Carcharhinus porosus 640.23 Bag/possession limits. Whale, Rhincodon typus White, Carcharodon carcharias 640.24 Authorized activities.
TABLE 2 OF APPENDIX A TO PART 635– FIGURES—PART 640 EEPWATER THER HARK PECIES D /O S S FIGURE 1—CARAPACE LENGTH Blotched catshark, Scyliorhinus meadi AUTHORITY: 16 U.S.C. 1801 et seq. Broadgill catshark, Apristurus riveri Chain dogfish, Scyliorhinus retifer Deepwater catshark, Apristurus profundorum Subpart A—General Provisions Dwarf catshark, Scyliorhinus torrei Iceland catshark, Apristurus laurussoni § 640.1 Purpose and scope. Marbled catshark, Galeus arae Smallfin catshark, Apristurus parvipinnis (a) The purpose of this part is to im- Bigtooth cookiecutter, Isistius plutodus plement the Fishery Management Plan Blainville’s dogfish, Squalus blainvillei for the Spiny Lobster Fishery of the Bramble shark, Echinorhinus brucus Gulf of Mexico and South Atlantic pre- Broadband dogfish, Etmopterus gracilispinnis pared by the South Atlantic and Gulf Caribbean lanternshark, Etmopterus hillianus Cookiecutter shark, Isistius brasiliensis of Mexico Fishery Management Coun- Cuban dogfish, Squalus cubensis cils under the Magnuson Act. Flatnose gulper shark, Deania profundorum (b) This part governs conservation Fringefin lanternshark, Etmopterus schultzi and management of spiny lobster and Great lanternshark, Etmopterus princeps slipper (Spanish) lobster in the EEZ in Green lanternshark, Etmopterus virens Greenland shark, Somniosus microcephalus the Atlantic Ocean and Gulf of Mexico Gulper shark, Centrophorus granulosus off the Atlantic and Gulf of Mexico Japanese gulper shark, Centrophorus acuus states from the Virginia/North Caro- Kitefin shark, Dalatias licha lina border south and through the Gulf Lined lanternshark, Etmopterus bullisi of Mexico. Little gulper shark, Centrophorus uyato (c) An owner or operator of a vessel Portuguese shark, Cetroscymnus coelolepis Pygmy shark, Squaliolus laticaudus that has legally harvested spiny lob- Roughskin spiny dogfish, Squalus asper sters in the waters of a foreign nation Smallmouth velvet dogfish, Scymnodon and possesses spiny lobsters, or sepa- obscurus rated tails, in the EEZ incidental to Smooth lanternshark, Etmopterus pusillus such foreign harvesting is exempt from American sawshark, Pristiophorus schroederi
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the requirements of this part 640, pro- outer limit of the EEZ between a line vided proof of lawful harvest in the wa- extending directly east from the Dade/ ters of a foreign nation accompanies Monroe County, Florida boundary such lobsters or tails. (25°20.4′N. latitude) and a line extend- [57 FR 56518, Nov. 30, 1992] ing directly west from the Monroe/Col- lier County, Florida boundary § 640.2 Definitions. (25°48.0′N. latitude). In addition to the definitions in the Off the southern Atlantic states, other Magnuson Act and in § 620.2 of this than Florida means the area from the chapter, the terms used in this part coast to the outer limit of the EEZ be- have the following meanings: tween the Virginia/North Carolina Bully net means a circular frame at- boundary (36°34′55″ N. lat.) to the Geor- tached at right angles to the end of a gia/Florida boundary (30°42′45.6″ N. pole and supporting a conical bag of lat.). webbing. The webbing is usually held Recreational fishing means fishing or up by means of a cord which is released fishing activities which result in the when the net is dropped over a lobster. harvest of fish, none of which (or parts Carapace length means the measure- thereof) is sold, traded, or bartered. ment of the carapace (head, body, or Regional Director means the Director, front section) of a spiny lobster from Southeast Region, NMFS, 9721 Execu- the anteriormost edge (front) of the tive Center Drive N., St. Petersburg, groove between the horns directly FL 33702, telephone 813–570–5301; or a above the eyes, along the middorsal line (middle of the back), to the rear designee. edge of the top part of the carapace, ex- Slipper (Spanish) lobster means the cluding any translucent membrane. species Scyllarides nodifer. Commercial fishing means any fishing Spiny lobster means the species or fishing activities which result in the Panulirus argus. harvest of any marine or freshwater or- Tail length means the lengthwise ganisms, one or more of which (or parts measurement of the entire tail (seg- thereof) is sold, traded, or bartered. mented portion), not including any Hoop net means a frame, circular or protruding muscle tissue, of a spiny otherwise, supporting a shallow bag of lobster along the top middorsal line webbing and suspended by a line and (middle of the back) to the rearmost bridles. The net is baited and lowered extremity. The measurement is made to the ocean bottom, to be raised rap- with the tail in a flat, straight position idly at a later time to prevent the es- with the tip of the tail closed. cape of lobster. Trip means a fishing trip, regardless Live well means a shaded container of number of days’ duration, that be- used for holding live lobsters aboard a gins with departure from a dock, berth, vessel in which aerated seawater is beach, seawall, or ramp and that termi- continuously circulated from the sea. nates with return to a dock, berth, Circulation of seawater at a rate that beach, seawall, or ramp. replaces the water at least every 8 min- utes meets the requirement for aer- [47 FR 29203, July 2, 1982, as amended at 52 ation. FR 22659, June 15, 1987; 53 FR 17196, May 16, Off Florida means the area from the 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, Florida coast to the outer limit of the Sept. 30, 1988; 55 FR 26448, June 28, 1990; 57 FR EEZ between the Georgia/Florida 56518, Nov. 30, 1992; 58 FR 38979, July 21, 1993; boundary (30°42′45.6″N. latitude) and 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 1995] the Alabama/Florida boundary ° ′ ″ (87 31 06 W. longitude). § 640.3 Relation to other laws. Off the Gulf states, other than Florida means the area from the coast to the (a) The relation of this part to other outer limit of the EEZ between the laws is set forth in § 620.3 of this chap- Texas/Mexico border to the Alabama/ ter and paragraph (b) of this section. Florida boundary (87°31′06″ W. long.). (b) The regulations in this part apply Off Monroe County, Florida means the within the boundaries of any national area from the Florida coast to the park, monument, or marine sanctuary
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in the Gulf of Mexico and South Atlan- separated spiny lobster tail in or from tic EEZ. the EEZ, a tail-separation permit must be issued to the vessel and must be on [47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 FR 24655, June 29, board. 1988] (3) Corporation/partnership-owned ves- sels. For a vessel owned by a corpora- § 640.4 Permits and fees. tion or partnership to be eligible for a (a) Applicability—(1) Licenses, certifi- Federal vessel permit specified in para- cates, and permits—(i) EEZ off Florida graph (a)(1)(ii) of this section, the and spiny lobster landed in Florida. For earned income qualification specified a person to sell, trade, or barter, or at- in paragraph (b)(2)(vi) of this section tempt to sell, trade, or barter, a spiny must be met by, and the statement re- lobster harvested or possessed in the quired by that paragraph must be sub- EEZ off Florida, or harvested in the mitted by, an officer or shareholder of EEZ other than off Florida and landed the corporation, a general partner of from a fishing vessel in Florida, or for the partnership, or the vessel operator. a person to be exempt from the daily (4) Operator-qualified permits. A vessel bag and possession limit specified in permit issued upon the qualification of § 640.23(b)(1) for such spiny lobster, such an operator is valid only when that person must have the licenses and cer- person is the operator of the vessel. tificates specified to be a ‘‘commercial (b) Applications for permits. (1) An ap- harvester,’’ as defined in Rule 46– plication for a Federal vessel and/or 24.002(2), Florida Administrative Code, tail-separation permit must be sub- in effect as of June 1, 1994. This incor- mitted and signed by the owner (in the poration by reference was approved by case of a corporation, a qualifying offi- the Director of the Office of the Fed- cer or shareholder; in the case of a eral Register in accordance with 5 partnership, a qualifying general part- U.S.C. 552(a) and 1 CFR part 51. Copies ner) or operator of the vessel. The ap- may be obtained from the Florida Ma- plication must be submitted to the Re- rine Fisheries Commission, 2540 Execu- gional Director at least 30 days prior to tive Center Circle West, Suite 106, Tal- the date on which the applicant desires lahassee, FL 32301; telephone: 904–487– to have the permit made effective. 0554. Copies may be inspected at the Of- (2) An applicant must provide the fol- fice of the Regional Director; the Office lowing information: of Fisheries Conservation and Manage- (i) A copy of the vessel’s U.S. Coast ment, NMFS, 1315 East-West Highway, Guard certificate of documentation or, Silver Spring, MD; or the Office of the if not documented, a copy of its state Federal Register, 800 North Capitol registration certificate. Street NW, Suite 700, Washington, DC. (ii) The vessel’s name and official (ii) EEZ other than off Florida. For a number. person to sell, trade, or barter, or at- (iii) Name, mailing address including tempt to sell, trade, or barter, a spiny zip code, telephone number, social se- lobster harvested in the EEZ other curity number, and date of birth of the than off Florida or for a person to be owner (if the owner is a corporation/ exempt from the daily bag and posses- partnership, in lieu of the social secu- sion limit specified in § 640.23(b)(1) for rity number, provide the employer such spiny lobster, a Federal vessel identification number, if one has been permit must be issued to the har- assigned by the Internal Revenue Serv- vesting vessel and must be on board. ice, and, in lieu of the date of birth, However, see paragraph (a)(1)(i) of this provide the date the corporation/part- section for the licenses and certificates nership was formed). required for a person to possess or land (iv) If the owner does not meet the spiny lobster harvested in the EEZ earned income qualification specified other than off Florida and subse- in paragraph (b)(2)(vi) of this section quently possessed in the EEZ off Flor- and the operator does meet that quali- ida or landed from a fishing vessel in fication, the name, mailing address in- Florida. cluding zip code, telephone number, so- (2) Tail-separation permits. For a per- cial security number, and date of birth son to possess aboard a fishing vessel a of the operator.
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(v) Information concerning vessel, product or service. The fee may not ex- gear used, fishing areas, and fisheries ceed such costs and is specified with vessel is used in, as requested by the each application form. The appropriate Regional Director and included on the fee must accompany each application. application form. (e) Issuance. (1) The Regional Direc- (vi) A sworn statement by the appli- tor will issue a permit at any time to cant for a vessel permit certifying that an applicant if the application is com- at least 10 percent of his or her earned plete and the applicant meets the income was derived from commercial earned income requirement specified in fishing, that is, sale of the catch, dur- paragraph (b)(2)(vi) of this section. An ing the calendar year preceding the ap- application is complete when all re- plication. quested forms, information, and docu- (vii) Documentation supporting the mentation have been received. statement of income, if required under (2) Upon receipt of an incomplete ap- paragraph (b)(3) of this section. (viii) If a tail-separation permit is de- plication, the Regional Director will sired, a sworn statement by the appli- notify the applicant of the deficiency. cant certifying that his or her fishing If the applicant fails to correct the de- activity— ficiency within 30 days of the date of (A) Is routinely conducted in the EEZ the Regional Director’s letter of notifi- on trips of 48 hours or more; and cation, the application will be consid- (B) Necessitates the separation of ered abandoned. carapace and tail to maintain a quality (f) Duration. A permit remains valid product. for the period specified on it unless the (ix) Any other information that may vessel is sold or the permit is revoked, be necessary for the issuance or admin- suspended, or modified pursuant to istration of the permit, as requested by subpart D of 15 CFR part 904. the Regional Director and included on (g) Transfer. A permit issued pursu- the application form. ant to this section is not transferable (3) The Regional Director may re- or assignable. A person purchasing a quire the applicant to provide docu- permitted vessel who desires to con- mentation supporting the sworn state- duct activities for which a permit is re- ment under paragraph (b)(2)(vi) of this quired must apply for a permit in ac- section before a permit is issued or to cordance with the provisions of para- substantiate why such permit should graph (b) of this section. The applica- not be revoked or otherwise sanctioned tion must be accompanied by a copy of under paragraph (h) of this section. a signed bill of sale. Such required documentation may in- (h) Display. A permit issued pursuant clude copies of appropriate forms and to this section must be carried on schedules from the applicant’s income board the vessel, and such vessel must tax return. Copies of income tax forms be identified as required by § 640.6. The and schedules are treated as confiden- operator of a vessel must present the tial. permit for inspection upon the request (c) Change in application information. of an authorized officer. The owner or operator of a vessel with a permit must notify the Regional Di- (i) Sanctions and denials. A permit rector within 30 days after any change issued pursuant to this section may be in the application information speci- revoked, suspended, or modified, and a fied in paragraph (b) of this section. permit application may be denied, in The permit is void if any change in the accordance with the procedures gov- information is not reported within 30 erning enforcement-related permit days. sanctions and denials found at subpart (d) Fees. A fee is charged for each per- D of 15 CFR part 904. mit application submitted under para- (j) Alteration. A permit that is al- graph (b) of this section. The amount tered, erased, or mutilated is invalid. of the fee is calculated in accordance (k) Replacement. A replacement per- with the procedures of the NOAA Fi- mit may be issued. An application for a nance Handbook for determining the replacement permit will not be consid- administrative costs of each special ered a new application. A fee, the
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amount of which is stated with the ap- (i) The vessel’s Florida crawfish li- plication form, must accompany each cense or trap number or, if not licensed request for a replacement permit. by Florida, the vessel’s Federal vessel permit number must be permanently [57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, and conspicuously displayed hori- 1995] zontally on the uppermost structural portion of the vessel in numbers at § 640.5 Recordkeeping and reporting. least 10 inches (25.4 cm) high so as to be [Reserved] readily identifiable from the air and water; § 640.6 Vessel and gear identification. (ii) If the vessel uses spiny lobster (a) EEZ off Florida. (1) An owner or traps in the EEZ, other than off Flor- operator of a vessel that is used to har- ida— vest spiny lobsters by traps in the EEZ (A) The vessel’s color code, as as- off Florida must comply with the ves- signed by Florida or, if a color code has sel and gear identification require- not been assigned by Florida, as as- ments applicable to the harvesting of signed by the Regional Director, must spiny lobsters by traps in Florida’s wa- be permanently and conspicuously dis- ters in sections 370.14(2)(a) and (3) and played above the number specified in 370.142(2)(b), Florida Statutes, in effect paragraph (b)(1)(i) of this section so as as of July 1, 1994, and in Rule 46– to be readily identifiable from the air 24.006(3), (4), and (5), Florida Adminis- and water, such color code being in the trative Code, in effect as of June 1, form of a circle at least 20 inches (50.8 1994. cm) in diameter on a background of (2) An owner or operator of a vessel colors contrasting to those contained that is used to harvest spiny lobsters in the assigned color code; by diving in the EEZ off Florida must (B) A buoy or timed-release buoy of comply with the vessel identification such strength and buoyancy to float requirements applicable to the har- must be attached to each spiny lobster vesting of spiny lobsters by diving in trap or at each end of a string of traps; Florida’s waters in Rule 46–24.006(6), (C) A buoy used to mark spiny lob- Florida Administrative Code, in effect ster traps must bear the vessel’s as- as of June 1, 1994. signed color code and be of such color, (3) The incorporation by reference in hue, and brilliancy as to be easily dis- paragraphs (a)(1) and (a)(2) of this sec- tinguished, seen, and located; tion of sections 370.14(2)(a) and (3) and (D) A buoy used to mark spiny lob- 370.142(2)(b), Florida Statutes, and Rule ster traps must bear the vessel’s Flor- 46–24.006(3), (4), (5), and (6), Florida Ad- ida crawfish license or trap number or, ministrative Code, was approved by the if not licensed by Florida, the vessel’s Director of the Office of the Federal Federal vessel permit number in num- Register in accordance with 5 U.S.C. bers at least 2 inches (5.08 cm) high; 552(a) and 1 CFR part 51. Copies may be and obtained from the Florida Marine Fish- (E) A spiny lobster trap must bear eries Commission, 2540 Executive Cen- the vessel’s Florida crawfish license or ter Circle West, Suite 106, Tallahassee, trap number or, if not licensed by Flor- FL 32301; telephone: 904–487–0554. Copies ida, the vessel’s Federal vessel permit may be inspected at the Office of the number permanently and legibly af- Regional Director; the Office of Fish- fixed. eries Conservation and Management, (2) A spiny lobster trap in the EEZ, NMFS, 1315 East-West Highway, Silver other than off Florida, will be pre- Spring, MD; or the Office of the Fed- sumed to be the property of the most eral Register, 800 North Capitol Street recently documented owner. Upon the NW, Suite 700, Washington, DC. sale or transfer of a spiny lobster trap (b) EEZ other than off Florida. (1) The used in the EEZ, other than off Flor- owner or operator of a vessel that is ida, within 5 days of acquiring owner- used to harvest spiny lobsters in the ship, the person acquiring ownership EEZ other than off Florida, must meet must notify the Florida Division of the following vessel and gear identi- Law Enforcement of the Department of fication requirements: Environmental Protection, for a trap
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that bears a Florida crawfish license or have been removed or stripped; as spec- trap number, or the Regional Director, ified in § 640.21(a). for a trap that bears a Federal vessel (h) Possess or fail to return imme- permit number, as to the number of diately to the water unharmed a spiny traps purchased, the vendor, and the lobster smaller than the minimum size crawfish license or trap number, or limits specified in § 640.21 (b)(1) and Federal vessel permit number, cur- (b)(3), except as provided in § 640.21(c). rently displayed on the traps, and must (i) Harvest or attempt to harvest a request issuance of a crawfish license spiny lobster by diving without having or trap number, or Federal vessel per- and using in the water a measuring de- mit, if the acquiring owner does not vice, or fail to release an undersized possess such license or trap number or spiny lobster in the water, as specified permit. in § 640.21(b)(2). (c) Unmarked traps and buoys. An un- (j) Possess an undersized spiny lob- marked spiny lobster trap or buoy in ster for use as an attractant in a trap the EEZ is illegal gear. Such trap or in quantities or under conditions not buoy, and any connecting lines, will be authorized in § 640.21(c). considered unclaimed or abandoned (k) Possess a separated spiny lobster property and may be disposed of in any tail, except as specified in § 640.21(d). manner considered appropriate by the (l) Possess a spiny lobster harvested Assistant Administrator or an author- by prohibited gear or methods; or pos- ized officer. An owner of such trap or sess on board a fishing vessel any dyna- buoy remains subject to appropriate mite or similar explosive substance; as civil penalties. specified in § 640.20(b) and § 640.22 (a)(1) [57 FR 56519, Nov. 30, 1992, as amended at 59 and (a)(3). FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, (m) Use or possess in the EEZ a spiny 1995] lobster trap that does not meet the re- § 640.7 Prohibitions. quirements specified in § 640.22(b)(1). (n) Pull or tend a spiny lobster trap In addition to the general prohibi- other than during daylight hours, as tions specified in § 620.7 of this chapter, specified in § 640.22(b)(2). it is unlawful for any person to do any (o) Pull or tend another person’s of the following: spiny lobster trap, except as authorized (a) Sell, trade, or barter, or attempt in § 640.22(b)(3). to sell, trade, or barter, a spiny lobster in or from the EEZ without a required (p) Possess spiny lobsters in or from license, certificate, or permit, as speci- the EEZ in an amount exceeding the fied in § 640.4(a)(1). daily bag and possession limit specified (b) Falsify information specified in in § 640.23 (a), (b)(1), or (b)(2) except as § 640.4(b)(2) on an application for a per- authorized in § 640.23(b)(3) and (b)(4). mit. (q) Possess spiny lobsters aboard a (c) Fail to display a permit, as speci- vessel that uses or has on board a net fied in § 640.4(h). or trawl in an amount exceeding the (d) Falsify or fail to display and limits, as specified in § 640.23(b)(4). maintain vessel and gear identifica- (r) Operate a vessel that fishes for or tion, as required by § 640.6 (a) and (b). possesses spiny lobster in or from the (e) Possess a spiny lobster trap in the EEZ with spiny lobster aboard in an EEZ at a time not authorized, as speci- amount exceeding the cumulative bag fied in § 640.20(b)(3)(i) and (b)(3)(ii). and possession limit, as specified in (f) Possess a spiny lobster in or from § 640.23(d). the EEZ at a time not authorized, as (s) Transfer or receive at sea spiny specified in § 640.20(b)(4). lobster in or from the EEZ caught (g) Fail to return immediately to the under the bag and possession limits, as water a berried spiny lobster or slipper specified in § 640.23(e). lobster; strip eggs from or otherwise (t) Interfere with, obstruct, delay, or molest a berried spiny lobster or slip- prevent by any means an investigation, per lobster; or possess a spiny lobster search, seizure, or disposition of seized or slipper lobster, or part thereof, from property in connection with enforce- which eggs, swimmerettes, or pleopods ment of the Magnuson Act.
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(u) Make any false statement, oral or reational fishing season in the EEZ off written, to an authorized officer con- the Gulf states, other than Florida, cerning the taking, catching, har- during the last Saturday and succes- vesting, landing, purchase, sale, posses- sive Sunday of July each year during sion, or transfer of a spiny lobster. which fishing for spiny lobster may be conducted by authorized gear and [57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 FR 61845, Nov. 23, methods other than traps. (See 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, § 640.22(a) for general prohibitions on Aug. 14, 1995] gear and methods.) (3) Possession of traps. (i) In the EEZ § 640.8 Facilitation of enforcement. off Florida, the rules and regulations See § 620.8 of this chapter. applicable to the possession of spiny lobster traps in Florida’s waters in [53 FR 24656, June 29, 1988] Rule 46–24.005(3), (4), and (5), Florida Administrative Code, in effect as of § 640.9 Penalties. June 1, 1994, apply in their entirety to See § 620.9 of this chapter. the possession of spiny lobster traps in [53 FR 24656, June 29, 1988] the EEZ off Florida. This incorporation by reference was approved by the Di- rector of the Office of the Federal Reg- Subpart B—Management ister in accordance with 5 U.S.C. 552(a) Measures and 1 CFR part 51. Copies may be ob- tained from the Florida Marine Fish- SOURCE: 57 FR 56520, Nov. 30, 1992, unless eries Commission, 2540 Executive Cen- otherwise noted. ter Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904–487–0554. Copies § 640.20 Seasons. may be inspected at the Office of the (a) EEZ off the southern Atlantic states, Regional Director; the Office of Fish- other than Florida. In the EEZ off the eries Conservation and Management, southern Atlantic states, other than NMFS, 1315 East-West Highway, Silver Florida, there are no seasonal restric- Spring, MD; or the Office of the Fed- tions on the harvest of spiny lobster or eral Register, 800 North Capitol Street on the possession of traps. NW, Suite 700, Washington, DC. (b) EEZ off Florida and off the Gulf (ii) In the EEZ off the Gulf states, states, other than Florida—(1) Commercial other than Florida, a spiny lobster trap and recreational fishing season. The may be placed in the water prior to the commercial and recreational fishing commercial and recreational fishing season for spiny lobster in the EEZ off season, which is specified in paragraph Florida and the EEZ off the Gulf (b)(1) of this section beginning on Au- states, other than Florida, begins on gust 1 and must be removed from the August 6 and ends on March 31. water after such season not later than (2) Special recreational fishing sea- April 5. sons—(i) EEZ off Florida. There is a 2- (iii) A spiny lobster trap, buoy, or day special recreational fishing season rope in the EEZ off Florida or in the in the EEZ off Florida on the last EEZ off the Gulf states, other than Wednesday and successive Thursday of Florida, during periods not authorized July each year during which fishing for in paragraphs (b)(3)(i) and (b)(3)(ii) of spiny lobster is limited to diving or use this section will be considered un- of a bully net or hoop net. (See claimed or abandoned property and § 640.22(a) for general prohibitions on may be disposed of in any manner con- gear and methods.) In the EEZ off Mon- sidered appropriate by the Assistant roe County, Florida, no person may Administrator or an authorized officer. harvest spiny lobster by diving at An owner of such trap, buoy, or rope night, that is, from 1 hour after official remains subject to appropriate civil sunset to 1 hour before official sunrise, penalties. during this 2-day special recreational (4) Possession of spiny lobsters. In the fishing season. EEZ off Florida and the Gulf states, a (ii) EEZ off the Gulf states, other than whole or a part of a spiny lobster sub- Florida. There is a 2-day special rec- ject to these regulations may only be
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possessed during the commercial and spiny lobster has a carapace length of recreational fishing season and the spe- 3.0 inches (7.62 cm) or less, it must be cial recreational fishing season speci- released unharmed immediately with- fied in § 640.20, unless accompanied by out removal from the water. proof of lawful harvest in the waters of (3) Aboard a vessel authorized under a foreign nation. Consistent with the paragraph (d) of this section to possess provisions of paragraphs (b)(3)(i) and a separated spiny lobster tail, no per- (ii) of this section, a spiny lobster in a son may possess in or from the EEZ a trap in this area will not be deemed to separated spiny lobster tail with a tail be possessed provided such spiny lob- length less than 5.5 inches (13.97 cm). ster is returned immediately to the (c) Undersized attractants. A live spiny water unharmed when a trap is re- lobster under the minimum size limit moved from the water between March specified in paragraph (b)(1) of this sec- 31 and April 15. (c) Primacy of seasonal restrictions in tion that is harvested in the EEZ by a the EEZ off Florida. The seasonal re- trap may be retained aboard the har- strictions applicable in the EEZ off vesting vessel for future use as an at- Florida apply to all spiny lobsters and tractant in a trap provided it is held in traps in the EEZ off Florida, without a live well aboard the vessel. No more regard to harvest or use elsewhere, un- than fifty undersized spiny lobsters, or less accompanied by proof of lawful one per trap aboard the vessel, which- harvest elsewhere. ever is greater, may be retained aboard for use as attractants. The live well [60 FR 41831, Aug. 14, 1995] must provide a minimum of 3⁄4 gallons § 640.21 Harvest limitations. (1.7 liters) of seawater per spiny lob- ster. An undersized spiny lobster so re- (a) Berried lobsters. A berried (egg- tained must be released to the water bearing) spiny lobster or slipper lobster alive and unharmed immediately upon in or from the EEZ must be returned leaving the trap lines and prior to one immediately to the water unharmed. If found in a trap in the EEZ, a berried hour after official sunset each day. spiny lobster or slipper lobster may not (d) Tail separation. The possession be retained in the trap. A berried spiny aboard a fishing vessel of a separated lobster or slipper lobster in or from the spiny lobster tail in or from the EEZ is EEZ may not be stripped of its eggs or authorized only when the possession is otherwise molested. The possession of a incidental to fishing exclusively in the spiny lobster or slipper lobster, or part EEZ on a trip of 48 hours or more and thereof, in or from the EEZ from which a Federal tail-separation permit speci- eggs, swimmerettes, or pleopods have fied in § 640.4(a)(2) has been issued to been removed or stripped is prohibited. and is on board the vessel. (b) Minimum size limits. (1) Except as [57 FR 56520, Nov. 30, 1992, as amended at 59 provided in paragraph (c) of this sec- FR 53119, Oct. 21, 1994] tion— (i) No person may possess a spiny lob- § 640.22 Gear and diving restrictions. ster in or from the EEZ with a cara- pace length of 3.0 inches (7.62 cm) or (a) Prohibited gear and methods. (1) A less; and spiny lobster may not be taken in the (ii) A spiny lobster, harvested in the EEZ with a spear, hook, or similar de- EEZ by means other than diving, with vice, or gear containing such devices. a carapace length of 3.0 inches (7.62 cm) In the EEZ, the possession of a speared, or less must be returned immediately pierced, or punctured spiny lobster is to the water unharmed. prima facie evidence that prohibited (2) No person may harvest or attempt gear was used to take such lobster. to harvest a spiny lobster by diving in Hook, as used in this paragraph (a)(1), the EEZ unless he or she possesses, does not include a hook in a hook-and- while in the water, a measuring device line fishery for species other than capable of measuring the carapace spiny lobster; and possession of a spiny length. A spiny lobster captured by a lobster that has been speared, pierced, diver must be measured in the water or punctured by such hook is not con- using such measuring device and, if the sidered evidence that prohibited gear
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was used to take the spiny lobster, pro- FL 32301; telephone: 904–487–0554. Copies vided no prohibited gear is on board may be inspected at the Office of the the vessel. Regional Director; the Office of Fish- (2) A spiny lobster may not be taken eries Conservation and Management, in a directed fishery by the use of a net NMFS, 1315 East-West Highway, Silver or trawl. See § 640.23(d) for the bycatch Spring, MD; or the Office of the Fed- limits applicable to a vessel that uses eral Register, 800 North Capitol Street or has on board a net or trawl. NW, Suite 700, Washington, DC. (3) Poisons and explosives may not be (ii) For traps in the EEZ, other than used to take a spiny lobster or slipper off Florida, by the Regional Director, lobster in the EEZ. For the purposes of as may be arranged upon written re- this paragraph (a)(3), chlorine, bleach, quest. and similar substances, which are used to flush a spiny lobster out of rocks or [57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993; 60 FR 41831, Aug. 14, coral, are poisons. A vessel in the spiny 1995] lobster or slipper lobster fishery may not possess on board in the EEZ any § 640.23 Bag/possession limits. dynamite or similar explosive sub- stance. (a) EEZ off the southern Atlantic states, (b) Traps. (1) In the EEZ, a spiny lob- other than Florida. The daily bag or pos- ster trap may be no larger in dimen- session limit for spiny lobster in or sion than 3 feet by 2 feet by 2 feet (91.4 from the EEZ off the southern Atlantic cm by 61.0 cm by 61.0 cm), or the vol- states, other than Florida, is two per ume equivalent. A trap constructed of person for commercial and recreational material other than wood must have a fishing, year-round. panel constructed of wood, cotton, or (b) EEZ off Florida and off the Gulf other material that will degrade at the states, other than Florida—(1) Commercial same rate as a wooden trap. Such panel and recreational fishing season. Except must be located in the upper half of the as specified in paragraphs (b)(3) and sides or on top of the trap, so that, (b)(4) of this section, during the com- when removed, there will be an opening mercial and recreational fishing season in the trap no smaller than the diame- specified in § 640.20(b)(1), the daily bag ter found at the throat or entrance of or possession limit of spiny lobster in the trap. or from the EEZ off Florida and off the (2) A spiny lobster trap in the EEZ Gulf states, other than Florida, is six may be pulled or tended during day- per person. light hours only, that is, from 1 hour (2) Special recreational fishing seasons. before official sunrise to 1 hour after During the special recreational fishing official sunset. seasons specified in § 640.20(b)(2), the (3) A spiny lobster trap in the EEZ daily bag or possession limit of spiny may be pulled or tended only by the lobster— owner’s vessel, or by a vessel for which (i) In or from the EEZ off the Gulf permission to pull or work traps be- states, other than Florida, is six per longing to another person has been person; granted— (ii) In or from the EEZ off Florida (i) For traps in the EEZ off Florida, other than off Monroe County, Florida, by the Florida Division of Law En- is twelve per person; and forcement, Department of Environ- (iii) In or from the EEZ off Monroe mental Protection, in accordance with County, Florida, is six per person. the procedures in Rule 46-24.006(7), (3) Exemption from the bag/possession Florida Administrative Code, in effect limit. During the commercial and rec- as of June 1, 1994. This incorporation reational fishing season specified in by reference was approved by the Di- § 640.20(b)(1), a person is exempt from rector of the Office of the Federal Reg- the bag and possession limit specified ister in accordance with 5 U.S.C. 552(a) in paragraph (a) of this section, pro- and 1 CFR part 51. Copies may be ob- vided— tained from the Florida Marine Fish- (i) The harvest of spiny lobsters is by eries Commission, 2540 Executive Cen- diving, or by the use of a bully net, ter Circle West, Suite 106, Tallahassee, hoop net, or spiny lobster trap; and
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(ii) The vessel from which the person and is on board the vessel from which is operating has on board the required the diver is operating. licenses, certificates, or permits, as (c) Combination of bag/possession limits. specified in § 640.4(a)(1). A person who fishes for or possesses (4) Harvest by net or trawl. During the spiny lobster in or from the EEZ under commercial and recreational fishing a bag or possession limit specified in season specified in § 640.20(b)(1), aboard paragraph (a) or (b) of this section may a vessel with the required licenses, cer- not combine the bag or possession lim- tificates, or permits specified in its of those paragraphs or combine § 640.4(a)(1) that harvests spiny lobster such bag or possession limit with a bag by net or trawl or has on board a net or or possession limit applicable to state trawl, the possession of spiny lobster in waters. or from the EEZ off Florida and off the (d) Responsibility for bag/possession Gulf states, other than Florida, may limits. The operator of a vessel that not exceed at any time 5 percent, whole fishes for or possesses spiny lobster in weight, of the total whole weight of all or from the EEZ is responsible for the fish lawfully in possession on board cumulative bag or possession limit such vessel. If such vessel lawfully pos- specified in paragraphs (a) and (b) of sesses a separated spiny lobster tail, this section applicable to that vessel, the possession of spiny lobster in or based on the number of persons aboard. from the EEZ may not exceed at any (e) . A person who time 1.6 percent, by weight of the spiny Transfer at sea lobster or parts thereof, of the total fishes for or possesses spiny lobster in whole weight of all fish lawfully in pos- or from the EEZ under a bag or posses- session on board such vessel. For the sion limit specified in paragraph (a) or purposes of this paragraph (b)(4), the (b) of this section may not transfer a term ‘‘net or trawl’’ does not include a spiny lobster at sea from a fishing ves- hand-held net, a loading or dip net, a sel to any other vessel, and no person bully net, or a hoop net. may receive at sea such spiny lobster. (5) Diving at night. The provisions of [60 FR 41831, Aug. 14, 1995] paragraph (b)(3) of this section not- withstanding, a person who harvests § 640.24 Authorized activities. spiny lobster in the EEZ by diving at The Assistant Administrator may au- night, that is, from 1 hour after official thorize, for the acquisition of informa- sunset to 1 hour before official sunrise, tion and date, activities otherwise pro- is limited to the bag limit specified in paragraph (b)(1) of this section, wheth- hibited by the regulations in this part. er or not a Federal vessel permit speci- [57 FR 56520, Nov. 30, 1992, as amended at 60 fied in § 640.4(a)(1) has been issued to FR 41832, Aug. 14, 1995]
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FIGURES—PART 640
[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]
PART 644 [RESERVED] Subpart C—Management Measures for Atlantic Salmon PART 648—FISHERIES OF THE 648.40 Prohibition on possession. NORTHEASTERN UNITED STATES 648.41 Framework specifications.
Subpart A—General Provisions Subpart D— Management Measures for the Atlantic Sea Scallop Fishery Sec. 648.1 Purpose and scope. 648.50 Shell-height standard. 648.2 Definitions. 648.51 Gear and crew restrictions. 648.3 Relation to other laws. 648.52 Possession limits. 648.4 Vessel and individual commercial per- 648.53 DAS allocations. mits. 648.54 State waters exemption. 648.5 Operator permits. 648.55 Framework specifications. 648.6 Dealer/processor permits. 648.57 Closed areas. 648.7 Recordkeeping and reporting require- 648.58 Georges Bank Sea Scallop Exemption ments. Program. 648.8 Vessel identification. 648.9 VMS requirements. Subpart E—Management Measures for the 648.10 DAS notification requirements. Atlantic Surf Clam and Ocean Qua- 648.11 At-sea sea sampler/observer coverage. hog Fisheries 648.12 Experimental fishing. 648.13 Transfers at sea. 648.70 Annual individual allocations. 648.14 Prohibitions. 648.71 Catch quotas. 648.15 Facilitation of enforcement. 648.72 Minimum surf clam size. 648.16 Penalties. 648.73 Closed areas. 648.17 Exemptions for vessels fishing in the 648.74 Shucking at sea. NAFO Regulatory Area for Multispecies 648.75 Cage identification. vessels. 648.76 Maine mahogany quahog zone.
Subpart B—Management Measures for the Subpart F—Management Measures for the Atlantic Mackerel, Squid, and NE Multispecies Fishery Butterfish Fisheries 648.80 Regulated mesh areas and restric- 648.20 Maximum optimum yield (OYs). tions on gear and methods of fishing. 648.21 Procedures for determining initial 648.81 Closed areas. annual amounts. 648.82 Effort-control program for limited 648.22 Closure of the fishery. access vessels. 648.23 Gear restrictions. 648.83 Minimum fish sizes.
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648.84 Gear-marking requirements and gear Subpart A—General Provisions restrictions. 648.85 Flexible Area Action System. § 648.1 Purpose and scope. 648.86 Possession restrictions. 648.87 Gillnet requirements to reduce or (a) This part implements the fishery prevent marine mammal takes. management plans (FMP) for the At- 648.88 Open access permit restrictions. lantic mackerel, squid, and butterfish 648.89 Recreational and charter/party re- fisheries (Atlantic Mackerel, Squid, strictions. and Butterfish FMP); Atlantic salmon 648.90 Framework specifications. (Atlantic Salmon FMP); the Atlantic sea scallop fishery (Atlantic Sea Scal- Subpart G—Management Measures for the lop FMP (Scallop FMP)); the Atlantic Summer Flounder Fishery surf clam and ocean quahog fisheries (Atlantic Surf Clam and Ocean Quahog 648.100 Catch quotas and other restrictions. FMP); the Northeast multispecies fish- 648.101 Closures. ery (NE Multispecies FMP); the sum- 648.102 Time restrictions. 648.103 Minimum fish sizes. mer flounder, scup, and black sea bass 648.104 Gear restrictions. fisheries (Summer Flounder, Scup, and 648.105 Possession restrictions. Black Sea Bass FMP); and the Atlantic 648.106 Sea turtle conservation. bluefish fishery (Atlantic Bluefish 648.107 Conservation equivalent measures FMP). These FMPs and the regulations for the recreational summer flounder in this part govern the conservation fishery. and management of the above named fisheries of the Northeastern United Subpart H—Management Measures for the States. Scup Fishery (b) This part governs domestic fish- ing only. Foreign fishing is governed 648.120 Catch quotas and other restrictions. under subpart F of part 600 of this 648.121 Closures. chapter. 648.122 Season and area restrictions. 648.123 Gear restrictions. [61 FR 34968, July 3, 1996, as amended at 61 648.124 Minimum fish sizes. FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, 648.125 Possession limit. 1997] 648.126 Protection of threatened and endan- gered sea turtles. § 648.2 Definitions. In addition to the definitions in the Subpart I—Management Measures for the Magnuson Act and in § 600.10 of this Black Sea Bass Fishery chapter, the terms used in this part 648.140 Catch quotas and other restrictions. have the following meanings: 648.141 Closure. Alewife means Alosa pseudoharengus. 648.142 Time restrictions. American lobster or lobster means 648.143 Minimum sizes. Homarus americanus. 648.144 Gear restrictions. American shad means Alosa 648.145 Possession limit. sapidissima. 648.146 Special management zones. Atlantic butterfish or butterfish means Peprilus triacanthus. Subpart J—Management Measures for the Atlantic croaker means Micropogonias Atlantic Bluefish Fishery undulatus. 648.160 Fishing year. Atlantic mackerel or mackerel means 648.161 Possession limit. Scomber scombrus. 648.162 Catch monitoring, commercial con- Atlantic Mackerel, Squid, and trols, and gear restrictions. Butterfish Monitoring Committee means 648.163 Closure of the fishery. the committee made up of staff rep- resentatives of the MAFMC and the AUTHORITY: 16 U.S.C. 1801 et seq. NEFMC, and the Northeast Regional SOURCE: 61 FR 34968, July 3, 1996, unless Office and NEFSC of NMFS. The otherwise noted. MAFMC Executive Director or a des- EDITORIAL NOTE: Nomenclature changes for ignee chairs the Committee. part 648 appear at 62 FR 14651, Mar. 27, 1997. Atlantic salmon means Salmo salar.
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Atlantic sea scallop or scallop means Combination vessel means a vessel Placopecten magellanicus, throughout that has fished in any one calendar its range. year with scallop dredge gear and otter Beam trawl means gear, consisting of trawl gear during the period 1988 a twine bag attached to a beam at- through 1990, and that is eligible for an tached to a towing wire, designed so allocation of individual DAS under the that the beam does not contact the NE Multispecies FMP and has applied bottom. The beam is constructed with for or been issued a limited access scal- sinkers or shoes on either side that lop permit. support the beam above the bottom or Commercial fishing or fishing commer- any other modification so that the cially means fishing that is intended to, beam does not contact the bottom. The or results in, the barter, trade, trans- beam trawl is designed to slide along fer, or sale of fish. the bottom rather than dredge the bot- Commission means the Atlantic tom. States Marine Fisheries Commission. Black sea bass means Centropristis Conger eel means Conger oceanicus. striata. Cunner means Tautogolabrus Black Sea Bass Monitoring Committee adspersus. means a committee made up of staff Council means the New England Fish- representatives of the Mid-Atlantic, ery Management Council (NEFMC) for New England, and South Atlantic Fish- the Atlantic sea scallop and the NE ery Management Councils, the North- multispecies fisheries, or the Mid-At- east Regional Office of NMFS, the lantic Fishery Management Council Northeast Fisheries Science Center, (MAFMC) for the Atlantic mackerel, and Commission representatives. The squid, and butterfish; the Atlantic surf Council Executive Director or his des- clam and ocean quahog; the summer ignee chairs the Committee. flounder, scup, and black sea bass fish- Black sea bass pot or black sea bass eries; and the Atlantic bluefish fishery. trap means any such gear used in Day(s)-at-Sea (DAS), with respect to catching and retaining black sea bass. the NE multispecies and scallop fish- eries, except as described in Blowfish (puffer) means any species in § 648.82(k)(1)(v), means the 24–hour peri- the family Tetraodontidae. ods of time during which a fishing ves- Bluefish means Pomotomus saltatrix. sel is absent from port in which the Bluefish Committee means the Bluefish vessel intends to fish for, possess or FMP Review and Monitoring Com- land, or fishes for, possesses, or lands mittee of the MAFMC. regulated species or scallops. Bonito means Sarda sarda. Dealer means any person who re- Bushel (bu) means a standard unit of ceives, for a commercial purpose (other volumetric measurement deemed to than solely for transport on land), from hold 1.88 ft3 (53.24 L) of surf clams or the owner or operator of a vessel issued ocean quahogs in the shell. a valid permit under this part, any spe- Cage means a container with a stand- cies of fish, the harvest of which is ard unit of volumetric measurement managed by this part. containing 60 ft3 (1,700 L). The outside Dealer code means a confidential five- dimensions of a standard cage gen- digit number assigned to each dealer erally are 3 ft (91 cm) wide, 4 ft (122 cm) required to submit purchases using the long, and 5 ft (152 cm) high. IVR system for the purpose of main- Chafing gear or cookies, with respect taining the integrity of the data re- to the scallop fishery, means steel, rub- ported through the IVR system. berized or other types of donut rings, Dredge or dredge gear, with respect to disks, washers, twine, or other mate- the scallop fishery, means gear con- rial attached to or between the steel sisting of a mouth frame attached to a rings of a sea scallop dredge. holding bag constructed of metal rings, Charter or party boat means any ves- or any other modification to this de- sel that carries passengers for hire to sign, that can be or is used in the har- engage in recreational fishing and, vest of scallops. with respect to multispecies, that is Dredge bottom, with respect to scal- not fishing under a DAS. lops, means the rings and links found
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between the bail of the dredge and the FMP means fishery management club stick, which, when fishing, would plan. be in contact with the sea bed. This in- Fourspot flounder means Paralichthys cludes the triangular shaped portions oblongus. of the ring bag commonly known as Gillnet gear capable of catching multi- ‘‘diamonds.’’ species means all gillnet gear except pe- Dredge top, with respect to the scal- lagic gillnet gear specified at lop fishery, means the mesh panel in § 648.81(g)(2)(ii) and pelagic gillnet gear the top of a dredge and immediately that is designed to fish for and is used adjacent rings and links found between to fish for or catch tunas, swordfish, the bail of the dredge, the club stick, and sharks. and the two side panels. The bail of the Gross registered tonnage (GRT) means dredge is the rigid structure of the for- the gross registered tonnage specified ward portion of the dredge that con- on the USCG documentation for a ves- nects to the warp and holds the dredge sel. open. The club stick is the rigid bar at Hagfish means Myxine glutinosa. the tail of the dredge bag that is at- Handline or handline gear means fish- tached to the rings. ing gear that is released by hand and Dredge vessel, with respect to the consists of one main line to which is scallop fishery, means any fishing ves- attached no more than two leaders for sel that is equipped for fishing using a total of no more than three hooks. dredge gear and that is capable of Handlines are retrieved only by hand, catching scallops. not by mechanical means. Harbor porpoise means Phocoena Exempted gear, with respect to the NE phocoena. multispecies fishery, means gear that Harbor Porpoise Review Team (HPRT) is deemed to be not capable of catching means a team of scientific and tech- NE multispecies and includes: Pelagic nical experts appointed by the NEFMC hook and line, pelagic longline, spears, to review, analyze, and propose harbor rakes, diving gear, cast nets, tongs, porpoise take mitigation alternatives. harpoons, weirs, dipnets, stop nets, Herring means Atlantic herring, pound nets, pelagic gillnets, pots and Clupea harengus, or blueback herring, traps, purse seines, shrimp trawls (with Alosa aestivalis. a properly configured grate as defined Hickory shad means Alosa mediocris. under this part), surf clam and ocean Hook gear means fishing gear that is quahog dredges, and midwater trawls. comprised of a hook or hooks attached or means a period of Fishing trip trip to a line and includes, but is not lim- time during which fishing is conducted, ited to, longline, setline, jigs, troll beginning when the vessel leaves port line, rod and reel, and line trawl. and ending when the vessel returns to Illex means Illex illecebrosus (short- port. finned or summer squid). Fishing year means: IVR system means the Interactive (1) For the scallop fishery, from Voice Response dealer reporting sys- March 1 through the last day of Feb- tem established by the Regional Ad- ruary of the following year. ministrator for the purpose of moni- (2) For the NE multispecies fishery, toring dealer purchases. from May 1 through April 30 of the fol- John Dory means Zenopsis conchifera. lowing year. Land means to begin offloading fish, (3) For all other fisheries in this part, to offload fish, or to enter port with from January 1 through December 31. fish. Flatfish gillnets means gillnets that Liner means a piece of mesh or any are either constructed with no floats other material rigged inside or outside on the float line, or that are con- the main or outer net or dredge that structed with floats on the float line restricts the mesh or ring size or other- and that have tie-down twine between wise reduces escapement. the float line and the lead line not Link, with respect to the sea scallop more than 48 inches (18.90 cm) in length fishery, means the material, usually and spaced not more than 15 feet (4.57 made of a 3⁄8-inch (10-mm) or 7⁄16-inch m) apart. (11-mm) diameter metal rod, that joins
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two adjacent rings within the ring bag NAFO Convention Area means the wa- of a dredge. ters of the Northwest Atlantic Ocean Little tunny means Euthynnus north of 35°00′ N. lat. and west of a line alleteratus. extending due north from 35°00′ N. lat. Loligo means Loligo pealei (long- and 42°00′ W. long. to 59°00′ N. lat., finned or bone squid). thence due west to 44°00′ W. long., and Longhorn sculpin means thence due north to the coast of Green- Myoxocephalus octodecimspinosus. land and the waters of the Gulf of St. Longline gear means fishing gear that Lawrence, Davis Strait and Baffin Bay ° ′ is or is designed to be set horizontally, south of 78 10 N. lat. either anchored, floating, or attached NAFO Regulatory Area means the part to a vessel, and that consists of a main of the NAFO Convention Area which or ground line with three or more lies beyond the 200–mile zone of the gangions and hooks. coastal states. Maine bushel means a standard unit NEFSC means the Northeast Fish- of volumetric measurement equal to eries Science Center, NMFS. 1.2445 cubic feet (35.24 L) of ocean qua- Net tonnage (NT) means the net ton- hogs in the shell. nage specified on the USCG docu- Maine mahogany quahog zone means mentation for a vessel. the area bounded on the east by the Non-exempt gillnet fishery means a U.S.-Canada maritime boundary, on fishery which uses gillnet gear capable the south by a straight line at 43°50′ N. of catching multispecies. latitude, and on the north and west by Non-exempt species means species of the shoreline of Maine. fish not included under the GOM/GB Menhaden means Atlantic menhaden, and SNE Regulated Mesh Area exempt- Brevoortia tyrannus. ed fisheries, as specified in § 648.80(a)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and Midwater trawl gear means trawl gear (ii), (b)(5) through (8), and (d), (e), (h), that is designed to fish for, is capable and (i). of fishing for, or is being used to fish Nonregulated multispecies means the for pelagic species, no portion of which subset of Northeast multispecies that is designed to be or is operated in con- includes silver hake, red hake and tact with the bottom at any time. ocean pout. Mobile gear means trawls, beam Northeast (NE) multispecies or multispe- trawls, and dredges that are designed cies means the following species: to maneuver with that vessel. Monkfish or anglerfish means Lophius American plaice—Hippoglossoides platessoides. americanus. Atlantic cod—Gadus morhua. Mullet means any species in the fam- Haddock—Melanogrammus aeglefinus. ily Mugilidae. Ocean Pout—Macrozoarces americanus. Pollock—Pollachius virens. Multispecies frames, also known as Redfish—Sebastes fasciatus. multispecies racks, means the remains Red hake—Urophycis chuss. of the multispecies finfish after it has Silver hake (whiting)—Merluccius bilinearis. been filleted or processed, not includ- White hake—Urophycis tenuis. ing the fillet. Windowpane flounder—Scophthalmus aquosus. Multispecies Monitoring Committee Winter flounder—Pleuronectes americanus. means a team of scientific and tech- Witch flounder—Glyptocephalus cynoglossus. nical staff appointed by the NEFMC to Yellowtail flounder—Pleuronectes ferrugineus. review, analyze, and recommend ad- Northern shrimp means Pandalus bore- justments to the measurement meas- alis. ures. The team consists of staff from Ocean quahog means the species the NEFMC and the MAFMC, NMFS Arctica islandica. Northeast Region Office, NEFSC, the Offload or offloading means to begin USCG, an industry representative, and to remove, to remove, to pass over the no more than two representatives, ap- rail, or otherwise take away fish from pointed by the Commission, from af- any vessel. For purposes of the surf fected states. clam and ocean quahog fishery, it NAFO means Northwest Atlantic means to separate physically a cage Fisheries Organization. from a vessel, such as by removing the
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sling or wire used to remove the cage Purse seine gear means an encircling from the harvesting vessel. net with floats on the top edge, weights Operator means the master, captain, and a purse line on the bottom edge, or other individual on board a fishing and associated gear, or any net de- vessel, who is in charge of that vessel’s signed to be, or capable of being, used operations. in such fashion. Out of the multispecies fishery or DAS Quota-managed species means any spe- program means the period of time dur- cies of finfish managed under this part ing which a vessel is absent from port by an annual or seasonal quota, by an- and is not fishing for regulated species nual target or actual TAC, or by DAH under the NE multispecies DAS pro- limits. gram. Recreational fishing means fishing Pair trawl or pair trawling means to that is not intended to, nor results in tow a single net between two vessels. the barter, trade, or sale of fish. Pelagic hook and line gear means Recreational fishing vessel, with re- handline or rod and reel gear that is spect to the scup fishery, means any designed to fish for, or that is being vessel from which no fishing other than used to fish for, pelagic species, no por- recreational fishing is conducted. Char- tion of which is designed to be or is op- ter and party boats are considered rec- erated in contact with the bottom at reational fishing vessels for purposes of any time. the scup minimum size requirement. Pelagic longline gear means fishing Regional Administrator means the Ad- gear that is not fixed, nor designed to ministrator, Northeast Region, NMFS, be fixed, nor anchored to the bottom or a designee. and that consists of monofilament Regulated fishery means any fishery main line (as opposed to a cable main of the United States which is regulated line) to which gangions are attached. under the Magnuson-Stevens Act. Personal use, with respect to the surf Regulated species means the subset of clam or ocean quahog fishery, means NE multispecies that includes Atlantic harvest of surf clams or ocean quahogs cod, witch flounder, American plaice, for use as bait, for human consump- yellowtail flounder, haddock, pollock, tion, or for other purposes (not includ- winter flounder, windowpane flounder, ing sale or barter) in amounts not to redfish, and white hake. exceed 2 bu (106.48 L) per person per Reporting month means the period of fishing trip. time beginning at 0001 hours local time Person who receives bluefish for com- on the first day of each calendar month mercial purposes means any person (ex- and ending at 2400 hours local time on cluding representatives of govern- the last day of each calendar month. mental agencies) engaged in the sale, Reporting week means the period of barter, or trade of bluefish received time beginning at 0001 local time on from a fisherman, or one who trans- Sunday and ending at 2400 hours local ports bluefish from a fisherman. time the following Saturday. Postmark means independently Re-rig or re-rigged means physical al- verifiable evidence of date of mailing, teration of the vessel or its gear in such as U.S. Postal Service postmark, order to transform the vessel into one United Parcel Service (U.P.S.) or other capable of fishing commercially for a private carrier postmark, certified species in the applicable fishery. mail receipt, overnight mail receipt, or Rigged hooks means hooks that are receipt received upon hand delivery to baited, or only need to be baited, in an authorized representative of NMFS. order to be fished. Unsecured, unbaited Prior to leaving port means prior to hooks and gangions are not considered departing from the last dock or moor- to be rigged. ing in port to engage in fishing, includ- Rockhopper and roller gear means ing the transport of fish to another trawl gear configured with disks, roll- port. ers, or other similar shaped devices Processor means a person who re- that are attached to the bottom belly ceives surf clams or ocean quahogs for of the trawl, contact the sea bottom, a commercial purpose and removes and that are designed to raise the bot- them from a cage. tom panel of the trawl off the ocean
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bottom so as to enable the gear to be Sorting machine means any mechan- fished on hard bottom. ical device that automatically sorts Rod and reel means a hand-held (in- whole scallops by shell height, size, or cluding rod holder) fishing rod with a other physical characteristics. manually operated reel attached. Spiny dogfish means Squalus Roundfish gillnets means gillnets that acanthias. are constructed with floats on the float Spot means Leiostomus xanthurus. line and that have no tie-down twine Square mesh, with respect to the NE between the float line and the lead multispecies fishery, means mesh in line. which the horizontal bars of the mesh Runaround gillnet or encircling gillnet run perpendicular to the long axis of means a rectangular net placed upright the net so when the net is placed under in the water column in a circular fash- a strain the mesh remains open to a ion with an opening equal to or less square-like shape. Square mesh can be than 1/4 the length of the net or with formed by hanging diamond mesh ‘‘on an opening greater than 1/4 the length the square,’’ if the resulting mesh con- of the net, if the opening is obstructed forms with the above description of in any fashion. square mesh. Scallop dredge vessel means any fish- Squid means Loligo pealei or Illex ing vessel, other than a combination illecebrosus. vessel, that uses or is equipped to use Standard tote means a box typically scallop dredge gear. constructed of plastic, designed to hold Scup means Stenotomus chrysops. 100 lb (45.3 kg) of fish plus ice, and that means a Scup Monitoring Committee has a liquid capacity of 70 L, or a vol- committee made up of staff representa- ume of not more than 4,320 cubic in (2.5 tive of the MAFMC, NEFMC, South At- cubic ft or 70.79 cubic cm). lantic Fishery Management Council, the NMFS Northeast Regional Office, Substantially similar harvesting capac- the NEFSC, and the Commission. The ity means the same or less GRT and MAFMC Executive Director or a des- vessel length. ignee chairs the committee. Summer flounder means Paralichthys Scup pot or trap means a pot or trap dentatus. used in catching and retaining scup. Summer Flounder Monitoring Com- Sea Scallop Plan Development Team mittee means a committee made up of (PDT) means a team of technical ex- staff representatives of the MAFMC, perts appointed by the NEFMC. NEFMC, and SAFMC, the NMFS Sea raven means Hemitripterus Northeast Regional Office, the NEFSC, americanus. the Southeast Science Center, and the Searobin means any species of the Commission. The MAFMC Executive family Triglidae. Director or a designee chairs the com- mittee. Shucking or to shuck means opening or to open a scallop, surf clam, or Surf clams means Atlantic surf clams ocean quahog and removing the meat of the species Spisula solidissima. or the adductor muscle from the shell. Swordfish means Xiphias gladius. Shucking machine means any mechan- Target total allowable catch (TAC) ical device that automatically removes means the annual domestic harvest the meat or the adductor muscle from targets for regulated species. a scallop, surf clam, or ocean quahog Tautog (blackfish) means Tautoga shell. onitas. Sink gillnet or bottom-tending gillnet Tied up to the dock, with respect to means with respect to the NE multi- NE multispecies, means to tie-up at a species fishery, any gillnet, anchored dock, on a mooring, or in a harbor. or otherwise, that is designed to be, or Tilefish means Lopholatilus is fished on or near the bottom in the chamaeleonticeps. lower third of the water column. Total Length (TL) means the straight- Skate means any species of the family line distance from the tip of the snout Rajidae. to the end of the tail (caudal fin) while Smooth dogfish means Mustelis canis. the fish is lying on its side.
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Transfer means to begin to remove, to agement measures for any of the spe- remove, to pass over the rail, or to oth- cies referenced in § 648.1 and, for Atlan- erwise take away fish from any vessel tic salmon, more restrictive local man- and move them to another vessel. agement measures. Trawl means gear consisting of a net that is towed, including but not lim- § 648.4 Vessel and individual commer- ited to beam trawls, pair trawls, otter cial permits. trawls, and Danish and Scottish seine (a) Fishery specific permit information. gear. (1) NE multispecies vessels. Except for Trawl sweep means the total length of vessels that have been issued a valid the footrope on a trawl net that is di- High Seas Fishing Compliance permit, rectly attached to the webbing of a net. have declared their intent to fish, and Under construction means that the fish exclusively in the NAFO Regu- keel had been laid or the vessel was latory Area as provided in § 648.17, any under written agreement for construc- vessel of the United States, including a tion or the vessel was under written charter or party boat, must have been contract for purchase. issued and have on board a valid multi- Upon returning to port, for purposes of species permit to fish for, possess, or the call-in notification system for the land multispecies finfish in or from the NE multispecies fishery, means the EEZ. Multispecies frames used as, or to first point when a vessel ties up at a be used as, bait on a vessel fishing ex- dock or mooring in a port at the end of clusively with pot gear are deemed not a fishing trip. to be multispecies finfish for purposes Vessel length means the length speci- of this part provided that there is a re- fied on the USCG documentation for a ceipt for the purchase of those frames vessel or on the state registration for a on board the vessel. vessel not required to be documented (i) Limited access multispecies permits— under title 46 U.S.C., if the state length (A) Eligibility. To be eligible to apply is verified by an authorized officer or for a limited access multispecies per- NMFS official. mit, as specified in § 648.82, a vessel Vessel Monitoring System (VMS) means must have been issued a limited access a vessel monitoring system as set forth multispecies permit for the preceding in § 648.9 and approved by NMFS for use year, be replacing a vessel that was by scallop and NE multispecies vessels, issued a limited access multispecies as required by this part. permit for the preceding year, or be re- VMS unit means a device installed on placing a vessel that was issued a con- board a vessel used for vessel moni- firmation of permit history. toring and transmitting the vessel’s (B) Application/renewal restrictions. All position as required by this part. limited access permits established Weakfish means Cynoscion regalis. under this section must be issued on an Whiting means Merluccius bilinearis. annual basis by the last day of the fish- [61 FR 34968, July 3, 1996, as amended at 61 ing year for which the permit is re- FR 39910, July 31, 1996; 61 FR 43424, Aug. 23, quired, unless a Confirmation of Per- 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, mit History (CPH) has been issued as Oct. 31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR specified in paragraph (a)(1)(i)(J) of 2620, Jan. 17, 1997; 62 FR 9379, Mar. 3, 1997; 62 this section. Application for such per- FR 10748, Mar. 10, 1997; 62 FR 13299, Mar. 20, mits must be received no later than 30 1997; 62 FR 14646, Mar. 27, 1997; 62 FR 15385, days before the last day of the fishing Apr. 1, 1997; 62 FR 49148, Sept. 19, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 1998; year. Failure to renew a limited access 63 FR 27484, May 19, 1998; 63 FR 40377, July 29, permit in any fishing year bars the re- 1998; 63 FR 52640, Oct. 1, 1998; 63 FR 58329, newal of the permit in subsequent Oct. 30, 1998; 64 FR 24072, May 5, 1999; 64 FR years. 42048, Aug. 3, 1999] (C) Qualification restriction. Unless the Regional Administrator determines § 648.3 Relation to other laws. otherwise, no more than one vessel (a) The relation of this part to other may qualify, at any one time, for a laws is set forth in § 600.705. limited access permit or CPH based on (b) Nothing in these regulations su- that or another vessel’s fishing and persedes more restrictive state man- permit history. If more than one vessel
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owner claims eligibility for a limited (G) Consolidation restriction. Limited access permit or CPH, based on one access permits and DAS allocations vessel’s fishing and permit history, the may not be combined or consolidated. Regional Administrator will determine (H) Vessel baseline specifications. The who is entitled to qualify for the per- vessel baseline specifications in this mit or CPH and any DAS allocation ac- section are the respective specifica- cording to paragraph (a)(1)(i)(D) of this tions (length, GRT, NT, horsepower) of section. the vessel that was initially issued a (D) Change in ownership. The fishing limited access permit as of the date the and permit history of a vessel is pre- initial vessel applied for such permit. sumed to transfer with the vessel (I) Limited access permit restrictions. (1) whenever it is bought, sold, or other- A vessel may be issued a limited access wise transferred, unless there is a writ- multispecies permit in only one cat- ten agreement, signed by the trans- egory during a fishing year. Vessels feror/seller and transferee/buyer, or may not change limited access multi- other credible written evidence, species permit categories during the verifying that the transferor/seller is fishing year, except as provided in retaining the vessel’s fishing and per- paragraph (a)(1)(i)(I)(2) of this section. mit history for purposes of replacing A vessel issued a limited access multi- the vessel. species hook-gear permit may not (E) Replacement vessels. To be eligible change its limited access permit cat- for a limited access permit under this egory at any time. section, the replacement vessel must (2) The owner of a vessel issued a lim- meet the following criteria and any ited access multispecies permit may other applicable criteria under para- request a change in permit category, graph (a)(1)(i)(F) of this section: unless otherwise restricted by para- (1) The replacement vessel’s horse- graph (a)(1)(i)(I)(1) of this section. The power may not exceed by more than 20 owner of a limited access multispecies percent the horsepower of the vessel’s vessel eligible to request a change in baseline specifications, as applicable. permit category must elect a category (2) The replacement vessel’s length, upon the vessel’s permit application GRT, and NT may not exceed by more and will have one opportunity to re- than 10 percent the length, GRT, and quest a change in permit category by NT of the vessel’s baseline specifica- submitting an application to the Re- tions, as applicable. gional Administrator within 45 days of (F) Upgraded vessel. A vessel may be the effective date of the vessel’s per- upgraded, whether through refitting or mit. If such a request is not received replacement, and be eligible to retain within 45 days, the vessel owner may or renew a limited access permit, only not request a change in permit cat- if the upgrade complies with the fol- egory and the vessel permit category lowing: will remain unchanged for the duration (1) The vessels’s horsepower may be of the fishing year. A vessel may not increased only once, whether through fish in more than one multispecies per- refitting or replacement. Such an in- mit category during a fishing year. crease may not exceed 20 percent of the (3) With the exception of combina- horsepower of the vessel’s baseline tion vessels, sea scallop dredge vessels specifications, as applicable. are not eligible for limited access (2) The vessel’s length, GRT, and NT multispecies permits. may be increased only once, whether (J) Confirmation of permit history. Not- through refitting or replacement. Any withstanding any other provisions of increase in any of these three specifica- this part, a person who does not cur- tions of vessel size may not exceed 10 rently own a fishing vessel, but who percent of the vessel’s baseline speci- has owned a qualifying vessel that has fications, as applicable. If any of these sunk, been destroyed, or transferred to three specifications is increased, any another person, must apply for and re- increase in the other two must be per- ceive a CPH if the fishing and permit formed at the same time. This type of history of such vessel has been retained upgrade may be done separately from lawfully by the applicant. To be eligi- an engine horsepower upgrade. ble to obtain a CPH, the applicant
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must show that the qualifying vessel to any other vessel relying on that ves- meets the eligibility requirements, as sel’s history. applicable, in this part. Issuance of a (L) Restriction on permit splitting. A valid CPH preserves the eligibility of limited access permit issued pursuant the applicant to apply for a limited ac- to this section may not be issued to a cess permit for a replacement vessel vessel or its replacement or remain based on the qualifying vessel’s fishing valid, if the vessel’s permit or fishing and permit history at a subsequent history has been used to qualify an- time, subject to the replacement provi- other vessel for another Federal fish- sions specified in this section. If fishing ery. privileges have been assigned or allo- (M) Appeal of denial of permit—(1) Eli- cated previously under this part, based gibility. Any applicant eligible to apply on the qualifying vessel’s fishing and for a limited access multispecies per- permit history, the CPH also preserves mit who is denied such permit may ap- such fishing privileges. A CPH must be peal the denial to the Regional Admin- applied for in order for the applicant to istrator within 30 days of the notice of preserve the fishing rights and limited denial. Any such appeal must be based access eligibility of the qualifying ves- on one or more of the following sel. An application for a CPH must be grounds, must be in writing, and must received by the Regional Adminis- state the grounds for the appeal: trator no later than 30 days prior to (i) The information used by the Re- gional Administrator was based on the end of the first full fishing year in mistaken or incorrect data. which a vessel permit cannot be issued. (ii) The applicant was prevented by Failure to do so is considered abandon- circumstances beyond his/her control ment of the permit as described in from meeting relevant criteria. paragraph (a)(1)(i)(K) of this section. A (iii) The applicant has new or addi- CPH issued under this part will remain tional information. valid until the fishing and permit his- (2) Appeal review. The Regional Ad- tory preserved by the CPH is used to ministrator will appoint a designee qualify a replacement vessel for a lim- who will make the initial decision on ited access permit. Any decision re- the appeal. The appellant may request garding the issuance of a CPH for a a review of the initial decision by the qualifying vessel that has applied for Regional Administrator by so request- or been issued previously a limited ac- ing in writing within 30 days of the no- cess permit is a final agency action tice of the initial decision. If the appel- subject to judicial review under 5 lant does not request a review of the U.S.C. 704. Information requirements initial decision within 30 days, the ini- for the CPH application are the same tial decision is the final administrative as those for a limited access permit. action of the Department of Com- Any request for information about the merce. Such review will be conducted vessel on the CPH application form re- by a hearing officer appointed by the fers to the qualifying vessel that has Regional Administrator. The hearing been sunk, destroyed, or transferred. officer shall make findings and a rec- Vessel permit applicants who have ommendation to the Regional Adminis- been issued a CPH and who wish to ob- trator which shall be advisory only. tain a vessel permit for a replacement Upon receiving the findings and the vessel based upon the previous vessel recommendation, the Regional Admin- history may do so pursuant to para- istrator will issue a final decision on graph (a)(1)(i)(E) of this section. the appeal. The Regional Administra- (K) Abandonment or voluntary relin- tor’s decision is the final administra- quishment of permit history. If a vessel’s tive action of the Department of Com- limited access permit history for a par- merce. ticular fishery is voluntarily relin- (3) Status of vessels pending appeal. A quished to the Regional Administrator vessel denied a limited access multi- or abandoned through failure to renew species permit may fish under the lim- or otherwise, no limited access permit ited access multispecies category, pro- for that fishery may be reissued or re- vided that the denial has been ap- newed based on that vessel’s history or pealed, the appeal is pending, and the
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vessel has on board a letter from the (A) Eligibility. To be eligible to apply Regional Administrator authorizing for a limited access scallop permit, a the vessel to fish under the limited ac- vessel must have been issued a limited cess category. The Regional Adminis- access scallop permit for the preceding trator will issue such a letter for the year, be replacing a vessel that was pendency of any appeal. Any such deci- issued a limited access scallop permit sion is the final administrative action for the preceding year, or be replacing of the Department of Commerce on al- a vessel that was issued a confirmation lowable fishing activity, pending a of permit history. final decision on the appeal. The letter (B) Application/renewal restrictions. of authorization must be carried on See paragraph (a)(1)(i)(B) of this sec- board the vessel. If the appeal is finally tion. denied, the Regional Administrator (C) Qualification restriction. See para- shall send a notice of final denial to graph (a)(1)(i)(C) of this section. the vessel owner; the authorizing letter (D) Change in ownership. See para- becomes invalid 5 days after receipt of graph (a)(1)(i)(D) of this section. the notice of denial. (E) Replacement vessels. See paragraph (ii) Open access permits. A vessel of (a)(1)(i)(E) of this section. the United States that has not been (F) Upgraded vessel. See paragraph issued a limited access multispecies (a)(1)(i)(F) of this section. permit is eligible for and may be issued (G) Consolidation restriction. See para- an open access multispecies handgear, graph (a)(1)(i)(G) of this section. charter/party or nonregulated multi- (H) Vessel baseline specifications. See species permit and may fish for, pos- paragraph (a)(1)(i)(H) of this section. sess and land multispecies finfish sub- (I) Limited access permit restrictions. A ject to the restrictions in § 648.88. A vessel may be issued a limited access vessel that has been issued a valid lim- scallop permit in only one category ited access scallop permit, but that has during a fishing year. The owner of a not been issued a limited access multi- vessel issued a limited access scallop species permit, is eligible for and may permit must elect a permit category be issued an open access scallop multi- upon the vessels permit application species possession limit permit and and will have one opportunity to re- may fish for, possess and land multi- quest a change in permit category by species finfish subject to the restric- submitting an application to the Re- tions in § 648.88. The owner of a vessel gional Administrator within 45 days of issued an open access permit may re- the effective date of the vessel’s per- quest a different open access permit mit. After this date, the vessel must category by submitting an application remain in that permit category for the to the Regional Administrator at any duration of the fishing year. Any DAS time. that a vessel uses prior to a change in (2) Atlantic sea scallop vessels— Any permit category will be counted vessel of the United States that fishes against its allocation received under for, possesses, or lands Atlantic sea any subsequent permit category. scallops in quantities greater than 40 lb (J) Confirmation of Permit History. See (18.14 kg) shucked, or 5 bu (176.2 L) of paragraph (a)(1)(i)(J) of this section. in-shell scallops per trip, except vessels (K) Abandonment or voluntary relin- that fish exclusively in state waters for quishment of permits. See paragraph scallops, must have been issued and (a)(1)(i)(K) of this section. carry on board a valid scallop permit. (L) Restriction on permit splitting. See (i) Limited access scallop permits. Any paragraph (a)(1)(i)(L) of this section. vessel of the United States that pos- (M) Percentage ownership restrictions. sesses or lands more than 400 lb (181.44 (1) For any vessel acquired after March kg) of shucked, or the equivalent 1, 1994, a vessel owner is not eligible to amount of in-shell scallops (50 bu (176.2 be issued a limited access scallop per- L)) per trip, except vessels that fish ex- mit for the vessel if the issuance of the clusively in state waters for scallops, permit will result in the vessel owner, must have been issued and carry on or in any other person who is a share- board a valid limited access scallop holder or partner of the vessel owner, permit. having an ownership interest in limited
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access scallop vessels in excess of 5 per- (D) Change in ownership. See para- cent of the number of all limited access graph (a)(1)(i)(D) of this section. scallop vessels at the time of permit (E) Replacement vessels. See paragraph application. (a)(1)(i)(E) of this section. (2) Vessel owners who were initially (F) Upgraded vessel. See paragraph issued a 1994 limited access scallop per- (a)(1)(i)(F) of this section. mit or were issued or renewed a limited (G) Consolidation restriction. See para- access scallop permit for a vessel in graph (a)(1)(i)(G) of this section. 1995 and thereafter, in compliance with the ownership restrictions in para- (H) Vessel baseline specifications. The graph (a)(2)(i)(M)(1) of this section, are vessel baseline specifications in this eligible to renew such permits(s), re- section are the respective specifica- gardless of whether the renewal of the tions (length, GRT, NT, horsepower) of permits will result in the 5– percent the vessel as of March 22, 1999, unless ownership restriction being exceeded. the vessel is in the process of construc- (3) Having an ownership interest in- tion or rerigging or under agreement or cludes, but is not limited to, persons written contract for construction or re- who are shareholders in a vessel owned rigging, as of the effective baseline by a corporation, who are partners specification date in which case the (general or limited) to a vessel owner, baseline specifications will be estab- or who, in any way, partly own a ves- lished no later than February 19, 2000. sel. (I) [Reserved] (ii) General scallop permit. Any vessel (J)Confirmation of permit history. See of the United States that is not in pos- paragraph (a)(1)(i)(J) of this section. session of a limited access scallop per- mit, and that possesses, or lands per (K) Abandonment or voluntary relin- trip, more than 40 lb (18.14 kg) and less quishment of permits. See paragraph than or including 400 lb (181.44 kg) of (a)(1)(i)(K) of this section. shucked meats, or the equivalent (L) Restriction on permit splitting. See amount of in-shell scallops (5 and 50 bu paragraph (a)(1)(i)(L) of this section. (176.2 L and 176.2 L), respectively), ex- (ii) Party and charter boat permits. cept vessels that fish exclusively in Any party or charter boat is eligible state waters for scallops, must carry for a permit to fish for summer floun- on board a valid general scallop per- der, other than a summer flounder mit. moratorium permit, if it is carrying (3) Summer flounder vessels. Any vessel passengers for hire. Such vessel must of the United States that fishes for or observe the possession limits specified retains summer flounder in the EEZ in § 648.105. must have been issued and carry on (iii) Exemption permits. Owners of board a valid summer flounder permit, except for vessels other than party or summer flounder vessels seeking an ex- charter vessels that observe the posses- emption from the minimum mesh re- sion limit set forth in § 648.105. quirement under the provisions of (i) Moratorium permits—(A) Eligibility. § 648.104(b)(1) must apply to the Re- To be eligible to apply for a morato- gional Administrator under paragraph rium permit to fish for and retain sum- (c) of this section at least 7 days prior mer flounder in excess of the posses- to the date they wish the permit to be- sion limit in § 648.105 in the EEZ, a ves- come effective. The applicant must sel must have been issued a summer mark ‘‘Exemption Permit Request’’ on flounder moratorium permit for the the permit application at the top. A preceding year, be replacing a vessel permit issued under this paragraph that was issued a moratorium permit (a)(3)(iii) does not meet the require- for the preceding year, or be replacing ments of paragraph (a)(3)(i) of this sec- a vessel that was issued a confirmation tion, but is subject to the other provi- of permit history. sions of this section. Persons issued an (B) Application/renewal restriction. See exemption permit must surrender it to paragraph (a)(1)(i)(B) of this section. the Regional Administrator at least 1 (C) Qualification restriction. See para- day prior to the date they wish to fish graph (a)(1)(i)(C) of this section.
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not subject to the exemption. The Re- (J) Confirmation of permit history. See gional Administrator may impose tem- paragraph (a)(1)(i)(J) of this section. porary additional procedural require- (K) Abandonment or voluntary relin- ments by publishing a notification in quishment of permits. See paragraph the FEDERAL REGISTER. (a)(1)(i)(K) of this section. (4) Surf clam and ocean quahog vessels. (L) Restriction on permit splitting. See Any vessel of the United States that paragraph (a)(1)(i)(L) of this section. fishes for surf clams or ocean quahogs, (M) Appeal of denial of a permit. (1) except vessels taking surf clams and Any applicant denied a Maine mahog- ocean quahogs for personal use or fish- any quahog permit may appeal to the ing exclusively within state waters, Regional Administrator within 30 days must have been issued and carry on of the notice of denial. Any such appeal board a valid surf clam or ocean qua- shall be in writing. The only ground for hog permit, respectively. appeal is that the Regional Adminis- (i) Maine mahogany quahog permit. (A) trator’s designee erred in concluding A vessel is eligible for a Maine mahog- that the vessel did not meet the cri- any quahog permit to fish for ocean teria in paragraph (a)(4)(i)(A) of this quahogs in the Maine mahogany qua- section. The appeal must set forth the hog zone if it meets the following eligi- basis for the applicant’s belief that the bility criteria in paragraphs (a)(1) and decision of the Regional Administra- (a)(2) of this section, and an applica- tor’s designee was made in error. tion for a Maine mahogany quahog per- (2) The appeal may be presented, at mit is submitted by May 19, 1999. After the option of the applicant, at a hear- May 19, 1999, to be eligible to apply for ing before an officer appointed by the a Maine mahogany quahog permit, a Regional Administrator. vessel must have been issued a Maine (3) The hearing officer shall make a mahogany quahog permit for the pre- recommendation to the Regional Ad- ceding year, be replacing a vessel that ministrator. was issued a Maine mahogany quahog (4) The Regional Administrator will permit for the preceding year, or be re- make a final decision based on the cri- placing a vessel that was issued a con- teria in paragraph (a)(4)(i)(A) of this firmation of permit history. section and on the available record, in- (1) The vessel was issued a Federal cluding any relevant documentation Maine Mahogany Quahog Experimental submitted by the applicant and, if a Permit during one of the experimental hearing is held, the recommendation of fisheries authorized by the Regional the hearing officer. The decision on the Administrator between September 30, appeal by the Regional Administrator 1990, and September 30, 1997; and, is the final decision of the Department (2) The vessel landed at least one of Commerce. Maine bushel of ocean quahogs from (ii) [Reserved] the Maine mahogany quahog zone as (5) Mackerel, squid, and butterfish ves- documented by fishing or shellfish logs sels. Any vessel of the United States, submitted to the Regional Adminis- including party and charter vessels, trator prior to January 1, 1998. must have been issued and carry on (B)Application/renewal restriction. See board a valid vessel permit to fish for, paragraph (a)(1)(i)(B) of this section. possess, or land Atlantic mackerel, (C) Qualification restriction. See para- squid, or butterfish in or from the EEZ. graph (a)(1)(i)(C) of this section. (i) Loligo squid/butterfish and Illex (D) Change in ownership. See para- squid moratorium permits (Illex squid graph (a)(1)(i)(D) of this section. moratorium is applicable from July 1, (E) Replacement vessels. See paragraph 1997, until July 1, 2002)—(A) Eligibility. (a)(1)(i)(E) of this section. To be eligible to apply for a morato- (F) Upgraded vessel. See paragraph rium permit to fish for and retain Lo- (a)(1)(i)(F) of this section. ligo squid, butterfish, or Illex squid in (G) Consolidation restriction. See para- excess of the incidental catch allow- graph (a)(1)(i)(G) of this section. ance in paragraph (a)(5)(ii) of this sec- (H) Vessel baseline specifications. See tion in the EEZ, a vessel must have paragraph (a)(3)(i)(H) of this section. been issued a Loligo squid and (I) [Reserved] butterfish moratorium permit or Illex
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squid moratorium permit, as applica- north of 35°15.3′ N. lat. Any vessel, ble, for the preceding year, be replac- other than a party or charter boat, ing a vessel that was issued a morato- that observes the possession limit re- rium permit for the preceding year, or strictions established pursuant to, and be replacing a vessel that was issued a the prohibition on sale specified in, confirmation of permit history. § 648.125 is exempt from the permit re- (B) Application/renewal restriction. See quirement. paragraph (a)(1)(i)(B) of this section. (i) Moratorium permit—(A) Eligibility. (C) Qualification restriction. See para- To be eligible to apply for a morato- graph (a)(1)(i)(C) of this section. rium permit to fish for and retain scup, (D) Change in ownership. See para- a vessel must have been issued a scup graph (a)(1)(i)(D) of this section. moratorium permit for the preceding (E) Replacement vessels. See paragraph year, be replacing a vessel that was (a)(1)(i)(E) of this section. issued a scup moratorium permit for (F) Upgraded vessel. See paragraph the preceding year, or be replacing a (a)(1)(i)(F) of this section. vessel that was issued a confirmation (G) Consolidation restriction. See para- of permit history. graph (a)(1)(i)(G) of this section. (B)Application/renewal restriction. See (H) Vessel baseline specifications. See paragraph (a)(1)(i)(B) of this section. paragraph (a)(3)(i)(H) of this section. (C) Qualification restriction. See para- (I) [Reserved] graph (a)(1)(i)(C) of this section. (J) Confirmation of permit history. See (D) Change in ownership. See para- paragraph (a)(1)(i)(J) of this section. graph (a)(1)(i)(D) of this section. (K) Abandonment or voluntary relin- (E) Replacement vessels. See paragraph quishment of permits. See paragraph (a)(1)(i)(E) of this section. (a)(1)(i)(K) of this section. (F) Upgraded vessel. See paragraph (L) Restriction on permit splitting. See (a)(1)(i)(F) of this section. paragraph (a)(1)(i)(L) of this section. (G) Consolidation restriction. See para- (ii) Squid/butterfish incidental catch graph (a)(1)(i)(G) of this section. permit. Any vessel of the United States may obtain a permit to fish for or re- (H) Vessel baseline specifications. See tain up to 2,500 lb (1.13 mt) of Loligo paragraph (a)(3)(i)(H) of this section. squid or butterfish, or up to 5,000 lb (I) [Reserved] (2.27 mt) of Illex squid, as an incidental (J) Confirmation of permit history. See catch in another directed fishery. The paragraph (a)(1)(i)(J) of this section. incidental catch allowance may be re- (K) Abandonment or voluntary relin- vised by the Regional Administrator quishment of permits. See paragraph based upon a recommendation by the (a)(1)(i)(K) of this section. Council following the procedure set (L)Restriction on permit splitting. See forth in § 648.21. paragraph (a)(1)(i)(L) of this section. (iii) Atlantic mackerel permit. Any ves- (ii) Party and charter boat permit. Any sel of the United States may obtain a party or charter boat is eligible for a permit to fish for or retain Atlantic permit to fish for scup, other than a mackerel in or from the EEZ. scup moratorium permit, if it is car- (iv) Party and charter boat permits. rying passengers for hire. Such vessel The owner of any party or charter boat must observe the possession limits es- must obtain a permit to fish for or re- tablished pursuant to, and the prohibi- tain in or from the EEZ mackerel, tions on sale specified in, § 648.125. squid, or butterfish while carrying pas- (7) Black sea bass vessels. Beginning sengers for hire. June 1, 1997, any vessel of the United (6) Scup vessels. Beginning on January States that fishes for or retains black 1, 1997, and subject to the eligibility re- sea bass in or from the EEZ north of quirements specified in paragraphs 35°15.3′ N. lat., the latitude of Cape Hat- (a)(6)(i) and (a)(6)(ii) of this section, the teras Light, NC, must have been issued owner of a vessel of the United States, and carry on board a valid black sea including a party or charter vessel, bass moratorium permit, except for must obtain a permit issued under this vessels other than party or charter ves- part to fish for or retain scup for sale, sels that observe the possession limit barter or trade, in or from the EEZ established pursuant to § 648.145.
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(i) Moratorium permits—(A) Eligibility. ward of the EEZ, and without regard to To be eligible to apply for a morato- where such fish or gear are possessed, rium permit to fish for and retain taken or landed), are subject to all re- black sea bass in excess of the posses- quirements of this part, unless exempt- sion limit established pursuant to ed from such requirements under this § 648.145 in the EEZ north of 35°15.3’ N. part. All such fishing activities, catch, Lat., the latitude of Cape Hatteras and gear will remain subject to all ap- Light, NC, a vessel must have been plicable state requirements. Except as issued a black sea bass moratorium otherwise provided in this part, if a re- permit for the preceding year, be re- quirement of this part and a manage- placing a vessel that was issued a black ment measure required by a state or sea bass moratorium permit for the local law differ, any vessel owner per- preceding year, or be replacing a vessel mitted to fish in the EEZ for any spe- that was issued a confirmation of per- cies managed under this part must mit history. comply with the more restrictive re- (B) Application/renewal restrictions. quirement. Owners and operators of See paragraph (a)(1)(i)(B) of this sec- vessels fishing under the terms of a tion. summer flounder moratorium, scup (C) Qualification restriction. See para- moratorium, or black sea bass morato- graph (a)(1)(i)(C) of this section. rium permit must also agree not to (D) Change in ownership. See para- land summer flounder, scup, or black graph (a)(1)(i)(D) of this section. sea bass, respectively, in any state (E) Replacement vessels. See paragraph after NMFS has published a notifica- (a)(1)(i)(E) of this section. tion in the FEDERAL REGISTER stating (F) Upgraded vessel. See paragraph that the commercial quota for that (a)(1)(i)(F) of this section. state or period has been harvested and (G) Consolidation restriction. See para- that no commercial quota is available graph (a)(1)(i)(G) of this section. for the respective species. A state not (H) Vessel baseline specifications. See receiving an allocation of summer paragraph (a)(3)(i)(H) of this section. flounder, scup, or black sea bass, either (I) [Reserved] directly or through a coastwide alloca- (J) Confirmation of permit history. See tion, is deemed to have no commercial paragraph (a)(1)(i)(J) of this section. quota available. Owners or operators (K) Abandonment or voluntary relin- fishing for surf clams and ocean qua- quishment of permits. See paragraph hogs within waters under the jurisdic- (a)(1)(i)(K) of this section. tion of any state that requires cage (L)Restriction on permit splitting. See tags are not subject to any conflicting paragraph (a)(1)(i)(L) of this section. Federal minimum size or tagging re- (ii) Party and charter boat permit. The quirements. If a surf clam and ocean owner of any party or charter boat quahog requirement of this part differs must obtain a permit to fish for or re- from a surf clam and ocean quahog tain black sea bass in or from U.S. wa- management measure required by a ters of the western Atlantic Ocean state that does not require cage tag- from 35°15.3′ N. lat., the latitude of ging, any vessel owners or operators Cape Hatteras Light, NC, northward to permitted to fish in the EEZ for surf the U.S.-Canada border, while carrying clams and ocean quahogs must comply passengers for hire. with the more restrictive requirement (8) Atlantic bluefish individual permits. while fishing in state waters. However, Any person selling bluefish harvested surrender of a surf clam and ocean qua- in the EEZ must have either a valid hog vessel permit by the owner by cer- permit issued under this part or a valid tified mail addressed to the Regional State of landing permit to sell bluefish. Administrator allows an individual to (b) Permit conditions. Any person who comply with the less restrictive state applies for a fishing permit under this minimum size requirement, as long as section must agree as a condition of fishing is conducted exclusively within the permit that the vessel and the ves- state waters. If the commercial black sel’s fishing activity, catch, and perti- sea bass quota for a period is harvested nent gear (without regard to whether and the coast is closed to the posses- such fishing occurs in the EEZ or land- sion of black sea bass north of 35°15.3′
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N. lat., any vessel owners that hold current state registration; a copy of valid commercial permits for both the the vessel’s current party/charter boat black sea bass and the NMFS South- license (if applicable), home port and east Region Snapper-Grouper fisheries principal port of landing, length over- may surrender their moratorium Black all, GRT, NT, engine horsepower, year Sea Bass permit by certified mail ad- the vessel was built, type of construc- dressed to the Regional Administrator tion, type of propulsion, approximate and fish pursuant to their Snapper- fish hold capacity, type of fishing gear Grouper permit, as long as fishing is used by the vessel, number of crew, conducted exclusively in waters, and number of party or charter passengers landings are made, south of 35°15.3′ N. licensed to be carried (if applicable), lat. A moratorium permit for the black permit category, if the owner is a cor- sea bass fishery that is voluntarily re- poration, a copy of the current Certifi- linquished or surrendered will be re- cate of Incorporation or other cor- issued upon the receipt of the vessel porate papers showing the date of in- owner’s written request after a min- corporation and the names of the cur- imum period of 6 months from the date rent officers of the corporation, and of cancellation. the names and addresses of all share- (c) Permit applications—(1) General. holders owning 25 percent or more of Applicants for a permit under this sec- the corporation’s shares; if the owner tion must submit a completed applica- is a partnership, a copy of the current tion on an appropriate form obtained Partnership Agreement and the names from the Regional Administrator. The and addresses of all partners; if there is application must be signed and sub- more than one owner, the names of all mitted to the Regional Administrator owners having a 25-percent interest or at least 30 days before the date on more; and permit number of any cur- which the applicant desires to have the rent or, if expired, previous Federal permit made effective. The Regional fishery permit issued to the vessel. Administrator will notify the applicant (ii) An application for an initial lim- of any deficiency in the application ited access multispecies hook-gear per- pursuant to this section. Vessel owners mit must also contain the following in- who are eligible to apply for limited formation: access or moratorium permits under (A) If the engine horsepower was this part shall provide information changed or a contract to change the with the application sufficient for the engine horsepower had been entered Regional Administrator to determine into prior to July 1, 1996, such that it whether the vessel meets the applica- is different from that stated in the ves- ble eligibility requirements specified in sel’s most recent application for a Fed- this section. eral fisheries permit before July 1, 1996, (2) Vessel permit information require- sufficient documentation to ascertain ments. (i) With the exception of Atlan- the different engine horsepower. How- tic bluefish permits, the requirements ever, the engine replacement must be for which are described in paragraph completed within 1 year of the date on (c)(3) of this section, an application for which the contract was signed. a permit issued under this section, in (B) If the length, GRT, or NT was addition to the information specified in changed or a contract to change the paragraph (c)(1) of this section, also length, GRT, or NT had been entered must contain at least the following in- into prior to July 1, 1996, such that it formation, and any other information is different from that stated in the ves- required by the Regional Adminis- sel’s most recent application for a Fed- trator: Vessel name, owner name or eral fisheries permit, sufficient docu- name of the owner’s authorized rep- mentation to ascertain the different resentative, mailing address, and tele- length, GRT, or NT. However, the up- phone number; USCG documentation grade must be completed within 1 year number and a copy of the vessel’s cur- from the date on which the contract rent USCG documentation or, for a ves- was signed. sel not required to be documented (iii) An application for a limited ac- under title 46 U.S.C., the vessel’s state cess multispecies permit must also registration number and a copy of the contain the following information:
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(A) If applying for a limited access addition to the information specified in multispecies Combination Vessel per- paragraph (c)(1) of this section, an ap- mit or Individual DAS category per- plication for an Atlantic bluefish indi- mit, or if opting to use a VMS, a copy vidual commercial permit also must of the vendor installation receipt from contain at least the following informa- a NMFS-approved VMS vendor as de- tion, and any other information re- scribed in § 648.9. quired by the Regional Administrator: (B) For vessels fishing for NE multi- The applicant’s name; mailing address; species with gillnet gear, with the ex- telephone number; height; weight; hair ception of vessels under the Small Ves- color; and eye color; if the applicant sel permit category, an annual declara- represents a corporation, a copy of the tion as either a Day or Trip gillnet ves- current Certificate of Incorporation; sel designation as described in and percentage of annual income de- § 648.82(k). Vessel owners electing a Day rived from the sale of bluefish. gillnet designation must indicate the (d) Fees. The Regional Administrator number of gillnet tags that they are re- may charge a fee to recover adminis- questing and must include a check for trative expenses of issuing a permit re- the cost of the tags. A permit holder quired under this section. The amount letter will be sent to all eligible gillnet of the fee is calculated in accordance vessels informing them of the costs as- with the procedures of the NOAA Fi- sociated with this tagging requirement nance Handbook, available from the and directions for obtaining tags. Once Regional Administrator, for deter- a vessel owner has elected this designa- mining administrative costs of each tion, he/she may not change the des- special product or service. The fee may ignation or fish under the other gillnet not exceed such costs and is specified category for the remainder of the fish- with each application form. The appro- ing year. Incomplete applications, as priate fee must accompany each appli- described in paragraph (e) of this sec- cation; if it does not, the application tion, will be considered incomplete for will be considered incomplete for pur- the purpose of obtaining authorization poses of paragraph (e) of this section. to fish in the NE multispecies gillnet Any fee paid by an insufficiently fund- fishery and will be processed without a ed commercial instrument shall render gillnet authorization. any permit issued on the basis thereof (iv) An application for a limited ac- null and void. cess scallop permit must also contain (e) Issuance. (1) Except as provided in the following information: subpart D of 15 CFR part 904, the Re- (A) For every person named by appli- gional Administrator shall issue a per- cants for limited access scallop permits mit within 30 days of receipt of the ap- pursuant to paragraph (c)(2)(i) of this plication, unless the application is section, the names of all other vessels deemed incomplete for the following in which that person has an ownership reasons: interest and for which a limited access (i) The applicant has failed to submit scallop permit has been issued or ap- a complete application. An application plied for. is complete when all requested forms, (B) If applying for full-time or part- information, documentation, and fees, time limited access scallop permit, or if applicable, have been received and if opting to use a VMS unit, though not the applicant has submitted all appli- required, a copy of the vendor installa- cable reports specified in § 648.7; tion receipt from a NMFS-approved (ii) The application was not received VMS vendor as described in § 648.9. by the Regional Administrator by the (C) If applying to fish under the small applicable deadline set forth in this dredge program set forth under section; § 648.51(e), an annual declaration into (iii) The applicant and applicant’s the program. vessel failed to meet all applicable eli- (v) An application for a surf clam and gibility requirements set forth in this ocean quahog permit must also contain section; the pump horsepower. (iv) The applicant applying for a lim- (3) Atlantic bluefish individual commer- ited access multispecies combination cial permit information requirements. In vessel or individual DAS permit, a full-
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time or part-time limited access scal- fishing vessel, owner and/or person for lop permit, or electing to use a VMS, which it is issued. has failed to meet all of the VMS re- (l) Display. A vessel permit must be quirements specified in §§ 648.9 and carried, at all times, on board the ves- 648.10; or sel for which it is issued and shall be (v) The applicant has failed to meet subject to inspection upon request by any other application requirements any authorized officer. A person issued stated in this part. a permit under this section must be (2) Incomplete applications. Upon re- able to present the permit for inspec- ceipt of an incomplete or improperly tion when requested by an authorized executed application for any permit officer. Permits must be maintained in under this part, the Regional Adminis- legible condition. trator shall notify the applicant of the (m) Sanctions. The Assistant Admin- deficiency in the application. If the ap- istrator may suspend, revoke, or mod- plicant fails to correct the deficiency ify, any permit issued or sought under within 30 days following the date of no- this section. Procedures governing en- tification, the application will be con- forcement-related permit sanctions or sidered abandoned. denials are found at subpart D of 15 (f) Change in permit information. Any CFR part 904. change in the information specified in paragraphs (c)(2) or (c)(3) of this sec- [61 FR 34968, July 3, 1996, as amended at 61 tion must be submitted by the appli- FR 39910, July 31, 1996; 61 FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, cant in writing to the Regional Admin- Oct. 31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR istrator within 15 days of the change, 13299, Mar. 20, 1997; 62 FR 14646, Mar. 27, 1997; or the permit is void. 62 FR 15386, Apr. 1, 1997; 62 FR 27984, May 22, (g) Expiration. A permit expires upon 1997; 62 FR 28642, May 27, 1997; 62 FR 51381, the renewal date specified in the per- Oct. 1, 1997; 62 FR 63875, Dec. 3, 1997; 63 FR mit. 11593, Mar. 10, 1998; 63 FR 27484, May 19, 1998; (h) Duration. A permit will continue 63 FR 32144, June 12, 1998; 63 FR 58329, Oct. 30, in effect unless it is revoked, sus- 1998; 64 FR 8265, Feb. 19, 1999] pended, or modified under 15 CFR part § 648.5 Operator permits. 904, or otherwise expires, or ownership changes, or the applicant has failed to (a) General. Any operator of a vessel report any change in the information fishing for or possessing sea scallops in on the permit application to the Re- excess of 40 lb (18.1 kg), NE multispe- gional Administrator as specified in cies, and, as of January 1, 1997, mack- paragraph (f) of this section. However, erel, squid, or butterfish, or scup, and, the Regional Administrator may au- as of June 1, 1997, black sea bass, har- thorize the continuation of a permit if vested in or from the EEZ, or issued a the new owner so requests. Applica- permit for these species under this tions for permit continuations must be part, must have been issued under this addressed to the Regional Adminis- section, and carry on board, a valid op- trator. erator’s permit. An operator permit (i) Alteration. Any permit that has issued pursuant to part 649 of this been altered, erased, or mutilated is in- chapter satisfies the permitting re- valid. quirement of this section. This require- (j) Reissuance. A permit may be re- ment does not apply to operators of issued by the Regional Administrator recreational vessels. when requested in writing, stating the (b) Operator permit application. Appli- need for reissuance, the name of the cants for a permit under this section vessel (if applicable), and the fishing must submit a completed application permit number assigned. An applica- on an appropriate form provided by the tion for the reissuance of a permit will Regional Administrator. The applica- not be considered a new application. tion must be signed by the applicant The fee for a reissued permit shall be and submitted to the Regional Admin- the same as for an initial permit. istrator at least 30 days before the date (k) Transfer. A permit issued under upon which the applicant desires to this part is not transferable or assign- have the permit made effective. The able. A permit will be valid only for the Regional Administrator will notify the
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applicant of any deficiency in the ap- tification, the application will be con- plication, pursuant to this section. sidered abandoned. (c) Condition. Vessel operators who (g) Expiration. Same as § 648.4(g). apply for an operator’s permit under (h) Duration. A permit is valid until this section must agree as a condition it is revoked, suspended or modified of this permit that the operator and under 15 CFR part 904, or otherwise ex- vessel’s fishing, catch, crew size, and pires, or the applicant has failed to re- pertinent gear (without regard to port a change in the information on whether such fishing occurs in the EEZ the permit application to the Regional or landward of the EEZ, and without Administrator as specified in para- regard to where such fish or gear are graph (k) of this section. possessed, taken, or landed) are subject to all requirements of this part while (i) Reissuance. Reissued permits, for fishing in the EEZ or on board a vessel otherwise valid permits, may be issued for which a permit is issued under by the Regional Administrator when § 648.4, unless exempted from such re- requested in writing by the applicant, quirements under § 648.12. The vessel stating the need for reissuance and the and all such fishing, catch, and gear Federal operator permit number as- will remain subject to all applicable signed. An applicant for a reissued per- state or local requirements. Further, mit must also provide two recent, such operators must agree, as a condi- color, passport-size photos of the appli- tion of this permit, that, if the permit cant. An application for a reissued per- is suspended or revoked pursuant to 15 mit will not be considered a new appli- CFR part 904, the operator cannot be cation. An appropriate fee may be aboard any fishing vessel issued a Fed- charged. eral fisheries permit or any vessel sub- (j) Transfer. Permits issued under this ject to Federal fishing regulations part are not transferable or assignable. while the vessel is at sea or engaged in A permit is valid only for the person to offloading. If a requirement of this part whom it is issued. and a management measure required (k) Change in permit application infor- by state or local law differ, any oper- mation. Notice of a change in the per- ator issued a permit under this part mit holder’s name, address, or tele- must comply with the more restrictive requirement. phone number must be submitted in (d) Information requirements. An appli- writing to, and received by, the Re- cant must provide at least all the fol- gional Administrator within 15 days of lowing information and any other in- the change in information. If written formation required by the Regional Ad- notice of the change in information is ministrator: Name, mailing address, not received by the Regional Adminis- and telephone number; date of birth; trator within 15 days, the permit is hair color; eye color; height; weight; void. social security number (optional); and (l) Alteration. Same as § 648.4(i). signature of the applicant. The appli- (m) Display. Any permit issued under cant must also provide two recent (no this part must be maintained in legible more than 1 year old), color, passport- condition and displayed for inspection size photographs. upon request by any authorized officer (e) Fees. Same as § 648.4(d). or NMFS official. (f) Issuance. Except as provided in (n) Sanctions. Vessel operators with subpart D of 15 CFR part 904, the Re- suspended or revoked permits may not gional Administrator shall issue an op- be aboard a federally permitted fishing erator’s permit within 30 days of re- vessel in any capacity while the vessel ceipt of a completed application, if the is at sea or engaged in offloading. Pro- criteria specified herein are met. Upon receipt of an incomplete or improperly cedures governing enforcement related executed application, the Regional Ad- permit sanctions and denials are found ministrator will notify the applicant of at subpart D of 15 CFR part 904. the deficiency in the application. If the (o) Vessel owner responsibility. Vessel applicant fails to correct the deficiency owners are responsible for ensuring within 30 days following the date of no- that their vessels are operated by an
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individual with a valid operator’s per- cant fails to correct the deficiency mit issued under this section. within 30 days following the date of no- tification, the application will be con- [61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, sidered abandoned. 1996] (f) Expiration. Same as § 648.4(g). (g) Duration. A permit is valid until § 648.6 Dealer/processor permits. it is revoked, suspended, or modified (a) General. All NE multispecies, sea under 15 CFR part 904, or otherwise ex- scallop, summer flounder, surf clam pires, or ownership changes, or the ap- and ocean quahog dealers, and surf plicant has failed to report any change clam and ocean quahog processors in the information on the permit appli- must have been issued under this sec- cation to the Regional Administrator tion, and have in their possession, a as required by paragraph (j) of this sec- valid permit for these species. As of tion. January 1, 1997, all mackerel, squid, (h) Reissuance. Reissued permits, for and butterfish dealers and all scup otherwise valid permits, may be issued dealers, and, as of June 1, 1997, all by the Regional Administrator when black sea bass dealers must have been requested in writing by the applicant, issued under this section, and have in stating the need for reissuance and the their possession, a valid permit for Federal dealer permit number as- these species. signed. An application for a reissued (b) Dealer/processor permit applications. permit will not be considered a new ap- Same as § 648.5(b). plication. An appropriate fee may be (c) Information requirements. Applica- charged. tions must contain at least the fol- (i) Transfer. Permits issued under this lowing information, and any other in- part are not transferable or assignable. formation required by the Regional Ad- A permit is valid only for the person to ministrator: Company name, place(s) whom, or other business entity to of business (principal place of business which, it is issued. if applying for a surf clam and ocean (j) Change in application information. quahog permit), mailing address(es) Same as § 648.5(k). and telephone number(s), owner’s (k) Alteration. Same as § 648.4(i). name, dealer permit number (if a re- (l) Display. Same as § 648.5(m). newal), name and signature of the per- (m) Federal versus state requirements. son responsible for the truth and accu- If a requirement of this part differs racy of the application, a copy of the from a fisheries management measure certificate of incorporation if the busi- required by state law, any dealer issued ness is a corporation, and a copy of the a Federal dealer permit must comply Partnership Agreement and the names with the more restrictive requirement. and addresses of all partners if the business is a partnership. (n) Sanctions. Same as § 648.4(m). (d) Fees. Same as § 648.4(d). [61 FR 34968, July 3, 1996, as amended at 61 (e) Issuance. Except as provided in FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, subpart D of 15 CFR part 904, the Re- 1996] gional Administrator will issue a per- mit at any time during the fishing year § 648.7 Recordkeeping and reporting to an applicant, unless the applicant requirements. fails to submit a completed applica- (a) Dealers—(1) Detailed weekly report. tion. An application is complete when Federally permitted dealers must sub- all requested forms, information, and mit to the Regional Administrator or documentation have been received and to the official designee a detailed the applicant has submitted all appli- weekly report, within the time periods cable reports specified in § 648.7 during specified in paragraph (f) of this sec- the 12 months immediately preceding tion, on forms supplied by or approved the application. Upon receipt of an in- by the Regional Administrator and a complete or improperly executed appli- report of all fish purchases, except surf cation, the Regional Administrator clam and ocean quahog dealers or proc- will notify the applicant of the defi- essors who are required to report only ciency in the application. If the appli- surf clam and ocean quahog purchases.
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If authorized in writing by the Re- designee, via the IVR system estab- gional Administrator, dealers may sub- lished by the Regional Administrator: mit reports electronically or through Dealer permit number; dealer code; other media. The following informa- pounds purchased, by species; reporting tion, and any other information re- week in which species were purchased; quired by the Regional Administrator, and state of landing for each species must be provided in the report: purchased. If no purchases of quota- (i) Summer flounder, scup, black sea managed species not deferred from cov- bass, Atlantic sea scallop, NE multi- erage by the Regional Administrator species, Atlantic mackerel, squid and pursuant to paragraph (a)(2)(ii) of this butterfish dealers must provide: Dealer section were made during the week, a name and mailing address; dealer per- report so stating must be submitted mit number; name and permit number through the IVR system in accordance or name and hull number (USCG docu- with paragraph (f) of this section. mentation number or state registra- (ii) The Regional Administrator may tion number, whichever is applicable) of vessels from which fish are landed or defer any quota-managed species from received; trip identifier for a trip from the IVR system reporting requirements which fish are landed or received; dates if landings are not expected to reach of purchases; pounds by species (by levels that would cause the applicable market category, if applicable); price target exploitation rate corresponding per pound by species (by market cat- to a given domestic annual harvest egory, if applicable) or total value by limit, target or actual TAC, or annual species (by market category, if applica- or seasonal quota specified for that ble); port landed; and any other infor- species to be exceeded. The Regional mation deemed necessary by the Re- Administrator shall base any such de- gional Administrator. All report forms termination on the purchases reported, must be signed by the dealer or other by species, in the comprehensive writ- authorized individual. If no fish are ten reports submitted by dealers and purchased during a reporting week, no other available information. If the Re- written report is required to be sub- gional Administrator determines that mitted. If no fish are purchased during any quota-managed species should be an entire reporting month, a report so deferred from the weekly IVR system stating on the required form must be reporting requirements, the Regional submitted. Administrator shall publish notifica- (ii) Surf clam and ocean quahog proc- tion so stating in the FEDERAL REG- essors and dealers must provide: Date ISTER. If data indicate that landing lev- of purchase or receipt; name, permit els have increased to an extent that number and mailing address; number of this determination ceases to be valid, bushels by species; cage tag numbers; the Regional Administrator shall ter- allocation permit number; vessel name minate the deferral by publishing noti- and permit number; price per bushel by fication in the FEDERAL REGISTER. species. Dealers must also report dis- (3) Annual report. All persons required position of surf clams or ocean qua- to submit reports under paragraph hogs, including name and permit num- (a)(1) of this section are required to ber of recipients. Processors must also report size distribution and meat yield submit the following information on an per bushel by species. annual basis, on forms supplied by the (2) Weekly IVR system reports. (i) Fed- Regional Administrator: erally permitted dealers purchasing (i) Summer flounder, scup, black sea quota-managed species not deferred bass, Atlantic sea scallop, NE multi- from coverage by the Regional Admin- species, Atlantic mackerel, squid, and istrator pursuant to paragraph (a)(2)(ii) butterfish dealers must complete the of this section must submit, within the ‘‘Employment Data’’ section of the An- time period specified in paragraph (f) of nual Processed Products Report; com- this section, the following information, pletion of the other sections of that and any other information required by form is voluntary. Reports must be the Regional Administrator, to the Re- submitted to the address supplied by gional Administrator or to an official the Regional Administrator.
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(ii) Surf clam and ocean quahog proc- cies landed or discarded; dealer permit essors and dealers must provide the av- number; dealer name; date sold, port erage number of processing plant em- and state landed; and vessel operator’s ployees during each month of the year name, signature, and operator permit just ended; average number of employ- number (if applicable). ees engaged in production of processed (ii) Surf clam and ocean quahog vessel surf clam and ocean quahog products, owners and operators. The owner or op- by species, during each month of the erator of any vessel conducting any year just ended; plant capacity to proc- surf clam and ocean quahog fishing op- ess surf clam and ocean quahog erations, except those conducted exclu- shellstock, or to process surf clam and sively in waters of a state that requires ocean quahog meats into finished prod- cage tags or when he/she has surren- ucts, by species; an estimate, for the dered the surf clam and ocean quahog next year, of such processing capac- fishing vessel permit, shall maintain, ities; and total payroll for surf clam on board the vessel, an accurate daily and ocean quahog processing, by fishing log for each fishing trip, on month. If the plant processing capac- forms supplied by the Regional Admin- ities required to be reported in this istrator, showing at least: Name and paragraph (a)(3)(ii) change more than permit number of the vessel, total 10 percent during any year, the proc- amount in bushels of each species essor shall notify the Regional Admin- taken, date(s) caught, time at sea, du- istrator in writing within 10 days after ration of fishing time, locality fished, the change. crew size, crew share by percentage, (b) Vessel owners—(1) Fishing Vessel landing port, date sold, price per bush- Trip Reports—(i) Owners of vessels issued el, buyer, tag numbers from cages used, a summer flounder, scup, black sea bass, quantity of surf clams and ocean qua- Atlantic sea scallop, NE multispecies, or hogs discarded, and allocation permit Atlantic mackerel, squid, and butterfish number. permits. The owner or operator of any (c) When to fill out a log report. Log re- vessel issued a permit for summer ports required by paragraph (b)(1)(i) of flounder, scup, black sea bass, Atlantic this section must be filled out, except sea scallops, NE multispecies, Atlantic for information required but not yet mackerel, squid or butterfish must ascertainable, before offloading or maintain on board the vessel, and sub- landing has begun. All information mit, an accurate daily fishing log re- must be filled out before starting the port for all fishing trips, regardless of next fishing trip. Log reports required species fished for or taken, on forms by paragraph (b)(1)(ii) of this section supplied by or approved by the Re- must be filled out before landing any gional Administrator. If authorized in surf clams or ocean quahogs. Log re- writing by the Regional Administrator, ports required by paragraph (b)(1)(iii) vessel owners or operators may submit of this section must be filled out, ex- reports electronically, for example by cept for information required but not using a VMS or other system. At least yet ascertainable, before offloading or the following information, and any landing has begun. All information re- other information required by the Re- quired in paragraph (b)(1)(iii) of this gional Administrator, must be pro- section must be filled out for each fish- vided: Vessel name; USCG documenta- ing trip by the end of each fishing trip. tion number (or state registration (d) Inspection. All persons required to number, if undocumented); permit submit reports under this section, upon number; date/time sailed; date/time the request of an authorized officer, or landed; trip type; number of crew; by an employee of NMFS designated by number of anglers (if a party or charter the Regional Administrator to make boat); gear fished; quantity and size of such inspections, must make imme- gear; mesh/ring size; chart area fished; diately available for inspection copies average depth; latitude/longitude (or of the required reports that have been loran station and bearings); total hauls submitted, or should have been sub- per area fished; average tow time dura- mitted, and the records upon which the tion; pounds (or count, if a party or reports were based. At any time during charter vessel), by species, of all spe- or after a trip, owners and operators
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must make immediately available for cable, and provide those reports to the inspection the fishing log reports cur- Regional Administrator or designee on rently in use, or to be submitted. the same frequency basis. (e) Record retention. Copies of reports, (g) Additional data and sampling. Fed- and records upon which the reports erally permitted dealers must allow ac- were based, must be retained and be cess to their premises and make avail- available for review for 1 year after the able to an official designee of the Re- date of the last entry on the report. gional Administrator any fish pur- Copies of fishing log reports must be chased from vessels for the collection retained and available for review for 1 of biological data. Such data include, year after the date of the last entry on but are not limited to, length measure- the log. Dealers must retain required ments of fish and the collection of age reports and records at their principal structures such as otoliths or scales. place of business. (f) Submitting reports—(1) Dealer or [61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, processor reports. (i) Detailed weekly 1996; 62 FR 14646, Mar. 27, 1997; 63 FR 52640, trip reports, required by paragraph Oct. 1, 1998; 63 FR 58329, Oct. 30, 1998] (a)(1) of this section, must be post- marked or received within 16 days after § 648.8 Vessel identification. the end of each reporting week. If no (a) Vessel name and official number. fish are purchased during a reporting Each fishing vessel subject to this part month, the report so stating required and over 25 ft (7.6 m) in registered under paragraph (a)(1)(i) of this section length must: must be postmarked or received within 16 days after the end of the reporting (1) Affix permanently its name on the month. port and starboard sides of the bow (ii) Weekly IVR system reports re- and, if possible, on its stern. quired in paragraph (a)(2) of this sec- (2) Display its official number on the tion must be submitted via the IVR port and starboard sides of the deck- system by midnight, Eastern time, house or hull, and on an appropriate each Tuesday for the previous report- weather deck so as to be clearly visible ing week. from enforcement vessels and aircraft. (iii) Annual reports for a calendar The official number is the USCG docu- year must be postmarked or received mentation number or the vessel’s state by February 10 of the following year. registration number for vessels not re- Contact the Regional Administrator quired to be documented under title 46 (see Table 1 to § 600.502) for the address U.S.C. of NMFS Statistics. (b) Numerals. Except as provided in (2) Fishing vessel log reports. Fishing paragraph (d) of this section, the offi- log reports must be received or post- cial number must be displayed in block marked, if mailed, within 15 days after arabic numerals in contrasting color at the end of the reporting month. Each least 18 inches (45.7 cm) in height for owner will be sent forms and instruc- fishing vessels over 65 ft (19.8 m) in reg- tions, including the address to which istered length, and at least 10 inches reports are to be submitted, shortly (25.4 cm) in height for all other vessels after receipt of a Federal fisheries per- over 25 ft (7.6 m) in registered length. mit. If no fishing trip is made during a The registered length of a vessel, for month, a report stating so must be sub- purposes of this section, is that reg- mitted. istered length set forth in USCG or (3) At-sea purchasers, receivers, or proc- state records. essors. All persons purchasing, receiv- (c) Duties of owner. The owner of each ing, or processing any summer floun- vessel subject to this part shall ensure der, or, as of January 1, 1997, mackerel, that— squid, or butterfish, or scup, or, as of (1) The vessel’s name and official June 1, 1997, black sea bass at sea for number are kept clearly legible and in landing at any port of the United good repair. States must submit information iden- (2) No part of the vessel, its rigging, tical to that required by paragraph its fishing gear, or any other object ob- (a)(1) or (a)(2) of this section, as appli- structs the view of the official number
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from any enforcement vessel or air- offshore and shall provide position ac- craft. curacy to within 400 m (1,300 ft). (d) Non-permanent marking. Vessels (4) The VMS shall be capable of carrying recreational fishing parties on transmitting and storing information a per capita basis or by charter must including vessel identification, date, use markings that meet the above re- time, and latitude/longitude. quirements, except for the requirement (5) The VMS shall provide accurate that they be affixed permanently to hourly position transmissions every the vessel. The non-permanent mark- day of the year unless exempted under ings must be displayed in conformity paragraph (c)(2) of this section. In addi- with the above requirements. tion, the VMS shall allow polling of in- (e) New Jersey surf clam or ocean qua- dividual vessels or any set of vessels at hog vessels. Instead of complying with any time and receive position reports paragraph (a) of this section, surf clam in real time. For the purposes of this or ocean quahog vessels licensed under specification, ‘‘real time’’ shall con- New Jersey law may use the appro- stitute data that reflect a delay of 15 priate vessel identification markings minutes or less between the displayed established by that state. information and the vessel’s actual po- sition. § 648.9 VMS requirements. (6) The VMS shall be capable of pro- (a) Approval. The Regional Adminis- viding network message communica- trator will annually approve VMSs tions between the vessel and shore. The that meet the minimum performance VMS shall allow NMFS to initiate criteria specified in paragraph (b) of communications or data transfer at this section. Any changes to the per- any time. formance criteria will be published an- (7) The VMS vendor shall be capable nually in the FEDERAL REGISTER and a of transmitting position data to a list of approved VMSs will be published NMFS-designated computer system via in the FEDERAL REGISTER upon addi- a modem at a minimum speed of 9600 tion or deletion of a VMS from the list. baud. Transmission shall be in a file In the event that a VMS is deleted format acceptable to NMFS. from the list, vessel owners that pur- (8) The VMS shall be capable of pro- chased a VMS unit that is part of that viding vessel locations relative to VMS prior to publication of the revised international boundaries and fishery list will be considered to be in compli- management areas. ance with the requirement to have an (9) The VMS vendor shall be capable approved unit, unless otherwise noti- of archiving vessel position histories fied by the Regional Administrator. for a minimum of 1 year and providing (b) Minimum VMS performance criteria. transmission to NMFS of specified por- The basic required features of the VMS tions of archived data in response to are as follows: NMFS requests and in a variety of (1) The VMS shall be tamper proof, media (tape, floppy, etc.). i.e., shall not permit the input of false (c) Operating requirements. (1) All re- positions; furthermore, if a system uses quired VMS units must transmit a sig- satellites to determine position, sat- nal indicating the vessel’s accurate po- ellite selection should be automatic to sition at least every hour, 24 hours a provide an optimal fix and should not day, unless such vessel is exempted be capable of being manually over- under paragraph (c)(2) of this section. ridden by any person aboard a fishing (2) Power Down Exemption. (i) Any vessel or by the vessel owner. vessel required to have on board a fully (2) The VMS shall be fully automatic operational VMS unit at all times, as and operational at all times, regardless specified in paragraph (b)(2) of this sec- of weather and environmental condi- tion, is exempt from this requirement tions, unless exempted under para- provided: graph (c)(2) of this section. (A) The vessel will be continuously (3) The VMS shall be capable of out of the water for more than 72 con- tracking vessels in all U.S. waters in secutive hours; and the Atlantic Ocean from the shoreline (B) A valid letter of exemption ob- of each coastal state to a line 215 nm tained pursuant to paragraph (c)(2)(ii)
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of this section has been issued to the mission that occurred while the vessel vessel and is on board the vessel and was declared out of the scallop fishery the vessel is in compliance with all or NE multispecies fishery, as applica- conditions and requirements of said ble, or was not at sea. letter. (e) Replacement. Should a VMS unit (ii) Letter of Exemption—(A) Applica- require replacement, a vessel owner tion. A vessel owner may apply for a must submit documentation to the Re- letter of exemption from the operating gional Administrator, within 3 days of requirements specified in paragraph installation and prior to the vessel’s (c)(1) of this section for his/her vessel next trip, verifying that the new VMS by sending a written request to the Re- unit is an operational, approved system gional Administrator and providing the as described under paragraph (a) of this following: Sufficient information to de- section. termine that the vessel will be out of (f) Access. As a condition to obtaining the water for more than 72 continuous a limited access scallop or multispecies hours; the location of the vessel during permit, all vessel owners must allow the time an exemption is sought; and NMFS, the USCG, and their authorized the exact time period for which an ex- officers or designees access to the ves- emption is needed (i.e., the time the sel’s DAS and location data obtained VMS will be turned off and turned on from its VMS at the time of or after its again). transmission to the vendor or receiver, (B) Issuance. Upon receipt of an appli- as the case may be. cation, the Regional Administrator (g) Tampering. Tampering with a may issue a letter of exemption to the VMS, a VMS unit, or a VMS signal, is vessel if it is determined that the ves- prohibited. Tampering includes any ac- sel owner provided sufficient informa- tivity that is likely to affect the unit’s tion as required under paragraph ability to operate properly, signal, or (c)(2)(ii)(A) of this section and that the accuracy of computing the vessel’s po- issuance of the letter of exemption will sition fix. not jeopardize accurate monitoring of the vessel’s DAS. Upon written re- [61 FR 34968, July 3, 1996, as amended at 62 quest, the Regional Administrator may FR 14646, Mar. 27, 1997; 63 FR 58329, Oct. 30, change the time period for which the 1998] exemption was granted. (d) Presumption. If a VMS unit fails to § 648.10 DAS notification require- transmit an hourly signal of a vessel’s ments. position, the vessel shall be deemed to (a) VMS Demarcation Line. The VMS have incurred a DAS, or fraction there- Demarcation Line is defined by of, for as long as the unit fails to trans- straight lines connecting the following mit a signal, unless a preponderance of coordinates in the order stated (a copy evidence shows that the failure to of a map showing the line is available transmit was due to an unavoidable from the Regional Administrator upon malfunction or disruption of the trans- request):
VMS DEMARCATION LINE
Description N. Lat. W. Long.
1. Northern terminus point (Canada landmass) ...... 45°03′ 66°47′ 2. A point east of West Quoddy Head Light ...... 44°48.9′ 66°56.1′ 3. A point east of Little River Light ...... 44°39.0′ 67°10.5′ 4. Whistle Buoy ``8BI'' (SSE of Baker Island) ...... 44°13.6′ 68°10.8′ 5. Isle au Haut Light ...... 44°03.9′ 68°39.1′ 6. Pemaquid Point Light ...... 43°50.2′ 69°30.4′ 7. A point west of Halfway Rock ...... 43°38.0′ 70°05.0′ 8. A point east of Cape Neddick Light ...... 43°09.9′ 70°34.5′ 9. Merrimack River Entrance ``MR'' Whistle Buoy ...... 42°48.6′ 70°47.1′ 10. Halibut Point Gong Buoy ``1AHP'' ...... 42°42.0′ 70°37.5′ 11. Connecting reference point ...... 42°40′ 70°30′ 12. Whistle Buoy ``2'' off Eastern Point ...... 42°34.3′ 70°39.8′ 13. The Graves Light (Boston) ...... 42°21.9′ 70°52.2′ 14. Minots Ledge Light ...... 42°16.2′ 70°45.6′ 15. Farnham Rock Lighted Bell Buoy ...... 42°05.6′ 70°36.5′ 16. Cape Cod Canal Bell Buoy ``CC'' ...... 41°48.9′ 70°27.7′
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VMS DEMARCATION LINEÐContinued
Description N. Lat. W. Long.
17. A point inside Cape Cod Bay ...... 41°48.9′ 70°05′ 18. Race Point Lighted Bell Buoy ``RP'' ...... 42°04.9′ 70°16.8′ 19. Peaked Hill Bar Whistle Buoy ``2PH'' ...... 42°07.0′ 70°06.2′ 20. Connecting point, off Nauset Light ...... 41°50′ 69°53′ 21. A point south of Chatham ``C'' Whistle Buoy ...... 41°38′ 69°55.2′ 22. A point in eastern Vineyard Sound ...... 41°30′ 70°33′ 23. A point east of Martha's Vineyard ...... 41°22.2′ 70°24.6′ 24. A point east of Great Pt. Light, Nantucket ...... 41°23.4′ 69°57′ 25. A point SE of Sankaty Head, Nantucket ...... 41°13′ 69°57′ 26. A point west of Nantucket ...... 41°15.6′ 70°25.2′ 27. Squibnocket Lighted Bell Buoy ``1'' ...... 41°15.7′ 70°46.3′ 28. Wilbur Point (on Sconticut Neck) ...... 41°35.2′ 70°51.2′ 29. Mishaum Point (on Smith Neck) ...... 41°31.0′ 70°57.2′ 30. Sakonnet Entrance Lighted Whistle Buoy ``SR'' ...... 41°25.7′ 71°13.4′ 31. Point Judith Lighted Whistle Buoy ``2'' ...... 41°19.3′ 71°28.6′ 32. A point off Block Island Southeast Light ...... 41°08.2′ 71°32.1′ 33. Shinnecock Inlet Lighted Whistle Buoy ``SH'' ...... 40°49.0′ 72°28.6′ 34. Scotland Horn Buoy ``S'', off Sandy Hook (NJ) ...... 40°26.5′ 73°55.0′ 35. Barnegat Lighted Gong Buoy ``2'' ...... 39°45.5′ 73°59.5′ 36. A point east of Atlantic City Light ...... 39°21.9′ 74°22.7′ 37. A point east of Hereford Inlet Light ...... 39°00.4′ 74°46′ 38. A point east of Cape Henlopen Light ...... 38°47′ 75°04′ 39. A point east of Fenwick Island Light ...... 38°27.1′ 75°02′ 40. A point NE of Assateague Island (VA) ...... 38°00′ 75°13′ 41. Wachapreague Inlet Lighted Whistle Buoy ``A'' ...... 37°35.0′ 75°33.7′ 42. A point NE of Cape Henry ...... 36°55.6′ 75°58.5′ 43. A point east of Currituck Beach Light ...... 36°22.6′ 75°48′ 44. Oregon Inlet (NC) Whistle Buoy ...... 35°48.5′ 75°30′ 45. Wimble Shoals, east of Chicamacomico ...... 35°36′ 75°26′ 46. A point SE of Cape Hatteras Light ...... 35°12.5′ 75°30′ 47. Hatteras Inlet Entrance Buoy ``HI'' ...... 35°10′ 75°46′ 48. Ocracoke Inlet Whistle Buoy ``OC'' ...... 35°01.5′ 76°00.5′ 49. A point east of Cape Lookout Light ...... 34°36.5′ 76°30′ 50. Southern terminus point ...... 34°35′ 76°41′
(b) VMS Notification. Multispecies stalled on board that meets those cri- vessels issued an Individual DAS or teria. If a vessel has already been Combination Vessel permit, scallop issued a limited access permit without vessels issued a full-time or part-time the owner providing such documenta- limited access scallop permit, and scal- tion, the Regional Administrator shall lop vessels issued an occasional limited allow at least 30 days for the an oper- access permit when fishing under the ational VMS unit that meets the cri- Georges Bank Sea Scallop Exemption teria to be installed on board the vessel Program specified in § 648.58, or scallop and for the owner to provide docu- vessels fishing under the small dredge mentation of such installation to the program specified in § 648.51(e), or ves- Regional Administrator. Vessels that sels issued a limited access multispe- are required to or have elected to use a cies or scallop permit and whose own- VMS unit shall be subject to the fol- ers elect to fish under the VMS notifi- cation of this paragraph (b), unless oth- lowing requirements and presumptions: erwise authorized or required by the (1) Vessels that have crossed the Regional Administrator under VMS Demarcation Line specified under § 648.10(d), must have installed on board paragraph (a) of this section are an operational VMS unit that meets deemed to be fishing under the DAS the minimum performance criteria program, unless the vessel’s owner, or specified in § 648.9(b) or as modified in authorized representative declares the § 648.9(a). Owners of such vessels must vessel out of the scallop or NE multi- provide documentation to the Regional species fishery, as applicable, for a spe- Administrator at the time of applica- cific time period by notifying the Re- tion for a limited access permit that gional Administrator through the VMS the vessel has an operational VMS in- prior to the vessel leaving port.
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(2) Part-time scallop vessels may not been received and a confirmation num- fish in the DAS allocation program un- ber is given by the Regional Adminis- less they declare into the scallop fish- trator. ery for a specific time period by noti- (2) The vessel’s confirmation num- fying the Regional Administrator bers for the current and immediately through the VMS. prior multispecies fishing trip must be (3) Notification that the vessel is not maintained on board the vessel and under the DAS program must be re- provided to an authorized officer upon ceived prior to the vessel leaving port. request. A change in status of a vessel cannot (3) At the end of a vessel’s trip, upon be made after the vessel leaves port or its return to port, the vessel owner or before it returns to port on any fishing owner’s representative must call the trip. Regional Administrator and notify (4) DAS for vessels that are under the him/her that the trip has ended by pro- VMS notification requirements of this paragraph (b) are counted beginning viding the following information: with the first hourly location signal re- Owner and caller name and phone num- ceived showing that the vessel crossed ber, vessel name, port of landing and the VMS Demarcation Line leaving permit number, and that the vessel has port. A trip concludes and accrual of ended a trip. A DAS ends when the call DAS ends with the first hourly loca- has been received and confirmation has tion signal received showing that the been given by the Regional Adminis- vessel crossed the VMS Demarcation trator. Line upon its return to port. (4) The Regional Administrator will (5) If the VMS is not available or not furnish a phone number for DAS notifi- functional, and if authorized by the Re- cation call-ins upon request. gional Administrator, a vessel owner (5) Any vessel that possesses or lands must provide the notifications required per trip more than 400 lb (181.44 kg) of by paragraphs (b)(1), (2), and (3) of this scallops, and any vessel issued a lim- section by using the call-in notifica- ited access multispecies permit subject tion system described under paragraph to the DAS program and call-in re- (c) of this section, instead of using the quirement that possesses or lands regu- VMS system. lated species, except as provided in (c) Call-in notification. Owners of ves- §§ 648.17 and 648.89, shall be deemed in sels issued limited access multispecies the DAS program for purposes of permits who are participating in a DAS counting DAS, regardless of whether program and who are not required to the vessel’s owner or authorized rep- provide notification using a VMS, own- resentative provided adequate notifica- ers of scallop vessels qualifying for a tion as required by this paragraph (c). DAS allocation under the occasional (d) Temporary authorization for use of category and who have not elected to fish under the VMS notification re- the call-in system. The Regional Admin- quirements of paragraph (b) of this sec- istrator may authorize or require, on a tion, and vessels fishing pending an ap- temporary basis, the use of the call-in peal as specified in § 648.4(a)(1)(i)(H)(3) system of notification specified in are subject to the following require- paragraph (c) of this section. If use of ments: the call-in system is authorized or re- (1) Prior to the vessel leaving port, quired, the Regional Administrator the vessel owner or authorized rep- shall notify affected permit holders resentative must notify the Regional through a letter, notification in the Administrator that the vessel will be FEDERAL REGISTER, or other appro- participating in the DAS program by priate means. From May 1, 1998, calling the Regional Administrator and through April 30, 1999, multispecies providing the following information: vessels issued an Individual DAS or Owner and caller name and phone num- Combination Vessel (regarding the ber, vessel’s name and permit number, multispecies fishery) permit are tem- type of trip to be taken, port of depar- porarily authorized to use the call-in ture, and that the vessel is beginning a system of notification specified in trip. A DAS begins once the call has paragraph (c) of this section.
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(e) Scallop vessels fishing under exemp- phone number and the commencement tions. Vessels fishing under the exemp- date of the 20-day period. tions provided by § 648.54 (a) and/or (2) Gillnet call-in. Vessels subject to (b)(1) must notify the Regional Admin- the gillnet restriction described in istrator by VMS notification or by § 648.82(k)(1)(iv) must notify the Re- call-in notification as follows: gional Administrator of the commence- (1) VMS notification. (i) Notify the Re- ment date of their time out of the NE gional Administrator, via their VMS, multispecies gillnet fishery using the prior to the vessel’s first trip under the procedure described in paragraph (f)(1) state waters exemption program, that of this section. the vessel will be fishing exclusively in (3) Cod landing limit call-in. (i) A ves- state waters; and sel subject to the cod landing limit re- (ii) Notify the Regional Adminis- striction specified in § 648.86(b)(1)(i), trator, via their VMS, prior to the ves- that has not exceeded the allowable sel’s first planned trip in the EEZ, that limit of cod based on the duration of the vessel is to resume fishing under the trip, must enter port and call-out the vessel’s DAS allocation. of the DAS program no later than 14 (2) Call-in notification. (i) Notify the DAS after starting a multispecies DAS Regional Administrator by calling the trip. Regional Administrator and providing (ii) A vessel subject to the cod land- the following information at least 7 ing limit restriction specified in days prior to fishing under the exemp- § 648.86(b)(1)(i) that exceeds or is ex- tion: Owner and caller name and ad- pected to exceed the allowable limit of dress, vessel name and permit number, cod based on the duration of the trip and beginning and ending dates of the must enter port no later than 14 DAS exemption period. after starting a multispecies DAS trip (ii) Remain under the exemption for and must report, upon entering port a minimum of 7 days. and before offloading, its hailed weight (iii) If, under the exemption for a of cod under the separate call-in sys- minimum of 7 days and wishing to tem specified in § 648.86(b)(1)(ii)(B). withdraw earlier than the designated Such vessel must remain in port, un- end of the exemption period, notify the less for transiting purposes as allowed Regional Administrator of early with- in § 648.86(b)(3), until sufficient time drawal from the program by calling the has elapsed to account for and justify Regional Administrator, providing the the amount of cod on board in accord- vessel’s name and permit number and ance with § 648.86(b)(1)(ii), and may not the name and phone number of the begin its next fishing trip until the ves- sel has called-out of the multispecies caller, and stating that the vessel is DAS program to end its trip. withdrawing from the exemption. The vessel may not leave port to fish in the [61 FR 34968, July 3, 1996, as amended at 62 EEZ until 48 hours after notification of FR 14647, Mar. 27, 1997; 62 FR 15386, Apr. 1, early withdrawal is received by the Re- 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, gional Administrator. Mar. 10, 1998; 63 FR 15329, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998; 63 FR 58329, Oct. 30, 1998; (iv) The Regional Administrator will 64 FR 24072, May 5, 1999; 64 FR 31149, June 10, furnish a phone number for call-ins 1999] upon request. (f) Additional NE multispecies call-in EFFECTIVE DATE NOTE: At 64 FR 42044, Aug. 3, 1999, § 648.10 was amended by sus- requirements—(1) Spawning season call- pending paragraphs (f)(3)(i) and (ii) and add- in. With the exception of vessels issued ing paragraph (f)(3)(iii), effective Aug. 3, 1999 a valid Small Vessel category permit, through Jan. 30, 2000. For the convenience of vessels subject to the spawning season the user, the added text is set forth as fol- restriction described in § 648.82 must lows: notify the Regional Administrator of the commencement date of their 20-day § 648.10 DAS notification require- period out of the NE multispecies fish- ments. ery through either the VMS system or by calling and providing the following * * * * * information: Vessel name and permit (f) * * * number, owner and caller name and (3) * * *
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(iii) A vessel subject to the cod land- receipt of messages related to the sea ing limit restriction, specified in sampler’s/observer’s duties. § 648.86(b)(1)(iv), must enter port and (3) Provide true vessel locations, by call-out of the DAS program no later latitude and longitude or loran coordi- than 14 DAS after starting a multispe- nates, as requested by the observer/sea cies DAS trip. sampler, and allow the sea sampler/ob- server access to and use of the vessel’s § 648.11 At-sea sea sampler/observer coverage. navigation equipment and personnel upon request to determine the vessel’s (a) The Regional Administrator may position. request any vessel holding a permit sea (4) Notify the sea sampler/observer in scallop; or NE multispecies; or a mora- a timely fashion of when fishing oper- torium permit for summer flounder, or, ations are to begin and end. as of January 1, 1997, mackerel, squid, or butterfish, or scup, or as of June 1, (5) Allow for the embarking and de- 1997, black sea bass fisheries to carry a barking of the sea sampler/observer, as NMFS-approved sea sampler/observer. specified by the Regional Adminis- If requested by the Regional Adminis- trator, ensuring that transfers of ob- trator to carry an observer or sea sam- servers/sea samplers at sea are accom- pler, a vessel may not engage in any plished in a safe manner, via small fishing operations in the respective boat or raft, during daylight hours as fishery unless an observer or sea sam- weather and sea conditions allow, and pler is on board, or unless the require- with the agreement of the sea ment is waived. samplers/ observers involved. (b) If requested by the Regional Ad- (6) Allow the sea sampler/observer ministrator to carry an observer or sea free and unobstructed access to the sampler, it is the responsibility of the vessel’s bridge, working decks, holding vessel owner to arrange for and facili- bins, weight scales, holds, and any tate observer or sea sampler place- other space used to hold, process, ment. Owners of vessels selected for sea weigh, or store fish. sampler/observer coverage must notify (7) Allow the sea sampler/observer to the appropriate Regional or Science inspect and copy any the vessel’s log, and Research Director, as specified by communications log, and records asso- the Regional Administrator, before ciated with the catch and distribution commencing any fishing trip that may of fish for that trip. result in the harvest of resources of the (e) The owner or operator of a vessel respective fishery. Notification proce- issued a summer flounder moratorium dures will be specified in selection let- permit, or as of January 1, 1997, a scup ters to vessel owners. moratorium permit or, as of June 1, (c) The Regional Administrator may 1997, a black sea bass moratorium per- waive the requirement to carry a sea mit, if requested by the sea sampler/ob- sampler or observer if the facilities on server also must: a vessel for housing the observer or sea (1) Notify the sea sampler/observer of sampler, or for carrying out observer any sea turtles, marine mammals, or sea sampler functions, are so inad- summer flounder, scup, or black sea equate or unsafe that the health or bass, or other specimens taken by the safety of the observer or sea sampler, vessel. or the safe operation of the vessel, would be jeopardized. (2) Provide the sea sampler/observer (d) An owner or operator of a vessel with sea turtles, marine mammals, on which a NMFS-approved sea sam- summer flounder, scup, or black sea pler/observer is embarked must: bass, or other specimens taken by the (1) Provide accommodations and food vessel. that are equivalent to those provided (f) NMFS may accept observer cov- to the crew. erage funded by outside sources if: (2) Allow the sea sampler/observer ac- (1) All coverage conducted by such cess to and use of the vessel’s commu- observers is determined by NMFS to be nications equipment and personnel in compliance with NMFS’ observer upon request for the transmission and guidelines and procedures.
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(2) The owner or operator of the ves- § 648.13 Transfers at sea. sel complies with all other provisions (a) Only vessels issued a Loligo and of this part. butterfish moratorium or Illex morato- (3) The observer is approved by the rium permit under § 648.4(a)(5) and ves- Regional Administrator. sels issued a mackerel or squid/ [61 FR 34968, July 3, 1996, as amended at 61 butterfish incidental catch permit and FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, authorized in writing by the Regional 1996] Administrator to do so, may transfer or attempt to transfer Loligo, Illex, or § 648.12 Experimental fishing. butterfish from one vessel to another The Regional Administrator may ex- vessel. empt any person or vessel from the re- (b) Vessels issued a multispecies per- quirements of subparts B (Atlantic mit under § 648.4(a)(1) or a scallop per- mackerel, squid, and butterfish), D (sea mit under § 648.4(a)(2) are prohibited scallop), E (surf clam and ocean qua- from transferring or attempting to hog), F (NE multispecies), G (summer transfer any fish from one vessel to an- flounder), H (scup), or I (black sea other vessel, except that vessels issued bass), of this part for the conduct of ex- a multispecies permit under § 648.4(a)(1) perimental fishing beneficial to the and specifically authorized in writing management of the resources or fishery by the Regional Administrator to do managed under that subpart. The Re- so, may transfer species other than gional Administrator shall consult regulated species from one vessel to with the Executive Director of the another vessel. Council regarding such exemptions for (c) All persons are prohibited from the Atlantic mackerel, squid, and transferring or attempting to transfer butterfish, the summer flounder, the NE multispecies or scallops from one scup, and the black sea bass fisheries. vessel to another vessel, except in ac- (a) The Regional Administrator may cordance with paragraph (b) of this sec- not grant such an exemption unless he/ tion. she determines that the purpose, de- sign, and administration of the exemp- (d) All persons are prohibited from tion is consistent with the manage- transferring or attempting to transfer ment objectives of the respective FMP, at sea summer flounder from one vessel the provisions of the Magnuson-Ste- to another vessel. vens Act, and other applicable law, and [61 FR 34968, July 3, 1996, as amended at 62 that granting the exemption will not: FR 28642, May 27, 1997; 62 FR 63875, Dec. 3, (1) Have a detrimental effect on the 1997] respective resources and fishery; (2) Cause any quota to be exceeded; § 648.14 Prohibitions. or (a) In addition to the general prohibi- (3) Create significant enforcement tions specified in § 600.725 of this chap- problems. ter, it is unlawful for any person to do (b) Each vessel participating in any any of the following: exempted experimental fishing activity (1) Fail to report to the Regional Ad- is subject to all provisions of the re- ministrator within 15 days any change spective FMP, except those necessarily in the information contained in an ap- relating to the purpose and nature of plicable vessel, operator, or dealer/ the exemption. The exemption will be processor permit application. specified in a letter issued by the Re- (2) Falsify or fail to affix and main- gional Administrator to each vessel tain vessel markings as required by participating in the exempted activity. § 648.8. This letter must be carried on board (3) Make any false statement in con- the vessel seeking the benefit of such nection with an application, declara- exemption. tion, or report under this part. (c) Experimental fishing for surf (4) Fail to comply in an accurate and clams or ocean quahogs will not re- timely fashion with the log report, re- quire an allocation permit. porting, record retention, inspection, [61 FR 58466, Nov. 15, 1996, as amended at 62 and other requirements of § 648.7, or FR 37156, July 11, 1997] submit or maintain false information
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in records and reports required to be (14) Produce, or cause to be produced, kept or filed under § 648.7. cage tags required under this part (5) Alter, erase, or mutilate any per- without written authorization from the mit issued under this part. Regional Administrator. (6) Alter, erase, mutilate, duplicate (15) Tag a cage with a tag that has or cause to be duplicated, or steal any been rendered null and void or with a cage tag issued under this part. tag that has been previously used. (7) Tamper with, damage, destroy, (16) Tag a cage of surf clams with an alter, or in any way distort, render use- ocean quahog cage tag or tag a cage of less, inoperative, ineffective, or inac- ocean quahogs with a surf clam cage curate the VMS, VMS unit, or VMS tag. signal required to be installed on or (17) Possess, import, export, transfer, transmitted by vessel owners or opera- land, have custody or control of any tors required to use a VMS by this species of fish regulated pursuant to part. this part that do not meet the min- (8) Assault, resist, oppose, impede, imum size provisions in this part, un- harass, intimidate, or interfere with or less such species were harvested exclu- bar by command, impediment, threat, sively within state waters by a vessel or coercion any NMFS-approved ob- not issued a permit under this part or server or sea sampler aboard a vessel whose permit has been surrendered in conducting his or her duties aboard a accordance with applicable regula- vessel, or any authorized officer con- tions. ducting any search, inspection, inves- (18) Possess an empty cage to which a tigation, or seizure in connection with cage tag required by § 648.75 is affixed enforcement of this part, or any offi- or possess any cage that does not con- cial designee of the Regional Adminis- tain surf clams or ocean quahogs and trator conducting his or her duties, in- to which a cage tag required by § 648.75 cluding those duties authorized in is affixed. § 648.7(g). (19) Land or possess, after offloading, (9) Refuse to carry an observer or sea any cage holding surf clams or ocean sampler if requested to do so by the Re- quahogs without a cage tag or tags re- gional Administrator. quired by § 648.75, unless the person can (10) To refuse reasonable assistance demonstrate the inapplicability of the to either a NMFS-approved observer or presumptions set forth in § 648.75(h). sea sampler conducting his or her du- (20) Sell null and void tags. ties aboard a vessel. (21) Shuck surf clams or ocean qua- (11) Fish for surf clams or ocean qua- hogs harvested in or from the EEZ at hogs in any area closed to surf clam or sea, unless permitted by the Regional ocean quahog fishing. Administrator under the terms of (12) Fish for, take, catch, harvest or § 648.74. land any species of fish regulated by (22) Receive for a commercial purpose this part in or from the EEZ, unless other than transport, surf clams or the vessel has a valid and appropriate ocean quahogs harvested in or from the permit issued under this part and the EEZ, whether or not they are landed permit is on board the vessel and has under an allocation under § 648.70, un- not been surrendered, revoked, or sus- less issued a dealer/processor permit pended. under this part. (13) Purchase, possess or receive for a (23) Land unshucked surf clams or commercial purpose, or attempt to pur- ocean quahogs harvested in or from the chase possess or receive for a commer- EEZ outside the Maine mahogany qua- cial purpose, any species regulated hog zone in containers other than under this part unless in possession of cages from vessels capable of carrying a valid dealer permit issued under this cages. part, except that this prohibition does (24) Land unshucked surf clams and not apply to species that are purchased ocean quahogs harvested in or from the or received from a vessel not issued a EEZ within the Maine mahogany qua- permit under this part that fished ex- hog zone in containers other than clusively in state waters, or unless oth- cages from vessels capable of carrying erwise specified in § 648.17. cages unless, with respect to ocean
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quahogs, the vessel has been issued a not been issued multispecies permits Maine mahogany quahog permit under and both fish exclusively in state wa- this part and is not fishing for an indi- ters, or unless authorized in writing by vidual allocation of quahogs under the Regional Administrator. § 648.70. (33) Sell, barter, trade, or otherwise (25) Fail to comply with any of the transfer; or attempt to sell, barter, notification requirements specified in trade, or otherwise transfer for a com- § 648.15(b). mercial purpose any NE multispecies (26) Fish for, retain, or land both surf from a trip, unless the vessel is holding clams and ocean quahogs in or from a multispecies permit, or a letter under the EEZ on the same trip. § 648.4(a)(1), and is not fishing under the (27) Fish for, retain, or land ocean charter/party vessel restrictions speci- quahogs in or from the EEZ on a trip fied in § 648.89, or unless the NE multi- designated as a surf clam fishing trip species were harvested by a vessel under § 648.15(b), or fish for, retain, or without a multispecies permit that land surf clams in or from the EEZ on a trip designated as an ocean quahog fishes for NE multispecies exclusively fishing trip under § 648.15(b). in state waters, or unless otherwise (28) Fail to offload any surf clams or specified in § 648.17. ocean quahogs harvested in the EEZ (34) Operate or act as an operator of from a trip discontinued pursuant to a vessel fishing for or possessing NE § 648.15(b) prior to commencing fishing multispecies in or from the EEZ, or operations in waters under the jurisdic- holding a multispecies permit without tion of any state. having been issued and possessing a (29) Land or possess any surf clams or valid operator’s permit. ocean quahogs harvested in or from the (35) Fish with, use, or have on board EEZ in excess of, or without, an indi- within the area described in vidual allocation. § 648.80(a)(1), nets of mesh whose size is (30) Transfer any surf clams or ocean smaller than the minimum mesh size quahogs harvested in or from the EEZ specified in § 648.80(a)(2), except as pro- to any person for a commercial pur- vided in § 648.80(a)(3) through (6), (a)(8), pose, other than transport, without a (a)(9), (d), (e) and (i), unless the vessel surf clam or ocean quahog processor or has not been issued a multispecies per- dealer permit. mit and fishes for NE multispecies ex- (31) Fish for, possess, or land NE clusively in state waters, or unless oth- multispecies, unless: erwise specified in § 648.17. (i) The NE multispecies are being (36) Fish with, use, or have available fished for or were harvested in or from for immediate use within the area de- the EEZ by a vessel holding a valid scribed in § 648.80(b)(1), nets of mesh multispecies permit under this part, or size smaller than the minimum size a letter under § 648.4(a)(1), and the oper- specified in § 648.80(b)(2), except as pro- ator on board such vessel has been issued an operator’s permit and has a vided in § 648.80(b)(3), (b)(9), (d), (e), and valid permit on board the vessel; (i), or unless the vessel has not been (ii) The NE multispecies were har- issued a multispecies permit and fishes vested by a vessel not issued a multi- for multispecies exclusively in state species permit that fishes for NE waters, or unless otherwise specified in multispecies exclusively in state wa- § 648.17. ters; (37) Fish with, use, or have available (iii) The NE multispecies were har- for immediate use within the area de- vested in or from the EEZ by a rec- scribed in § 648.80(c)(1), nets of mesh reational fishing vessel; or size smaller that the minimum mesh (iv) Unless otherwise specified in size specified in § 648.80(c)(2), except as § 648.17. provided in § 648.80(c)(3), (d), (e), and (i), (32) Land, offload, remove, or other- or unless the vessel has not been issued wise transfer, or attempt to land, off- a multispecies permit and fishes for NE load, remove or otherwise transfer multispecies exclusively in state wa- multispecies from one vessel to an- ters, or unless otherwise specified in other vessel, unless both vessels have § 648.17.
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(38) Enter or be in the area described on board the vessel during the period of in § 648.81(a)(1) on a fishing vessel, ex- the experiment. cept as provided in § 648.81(a) (2) and (47) Fish for the species specified in (d). § 648.80(d) or (e) with a net of mesh size (39) Enter or be in the area described smaller than the applicable mesh size in § 648.81(b)(1) on a fishing vessel, ex- specified in § 648.80(a)(2), (b)(2), or (c)(2), cept as provided by § 648.58, during the or possess or land such species, unless time and in the portion of Closed Area the vessel is in compliance with the re- II specified in § 648.58 or 648.81(b)(2). quirements specified in § 648.80(d) or (e), (40) Enter, or be in the area described or unless the vessel has not been issued in § 648.81(c)(1), on a fishing vessel, ex- a multispecies permit and fishes for NE cept as provided in § 648.81 (c)(2) and (d). multispecies exclusively in state wa- (41) Fail to comply with the gear- ters, or unless otherwise specified in marking requirements of § 648.84. § 648.17. (42) Fish within the areas described (48) Violate any provision of the open in § 648.80(a)(4) with nets of mesh small- access permit restrictions as provided er than the minimum size specified in in § 648.88. § 648.80(a)(2), unless the vessel is issued (49) Violate any of the restrictions on and possesses on board an authorizing fishing with scallop dredge gear speci- letter issued under § 648.80(a)(4)(i). fied in § 648.80(h). (43) Violate any of the provisions of (50) Violate any provision of the state § 648.80, including paragraphs (a)(4), the waters winter flounder exemption pro- Cultivator Shoals whiting fishery ex- gram as provided in § 648.80(i). emption area; (a)(8), Small Mesh Area (51) Obstruct or constrict a net as de- 1/Small Mesh Area 2; (a)(9), the Nan- scribed in § 648.80(g) (1) or (2). tucket Shoals dogfish fishery exemp- (52) Enter, be on a fishing vessel in, tion area; (a)(11), the Nantucket Shoals or fail to remove gear from the EEZ mussel and sea urchin dredge exemp- portion of the areas described in § 648.81 tion area; (a)(12), the GOM/GB (g)(1) through (i)(1) during the time pe- monkfish gillnet exemption area; riods specified, except as provided in (a)(13), the GOM/GB dogfish gillnet ex- § 648.81(d), (g)(2), (h)(2) and (i)(2). emption area; (b)(3), exemptions (small (53) Possess, land, or fish for regu- mesh); (b)(5), the SNE monkfish and lated species, except winter flounder as skate trawl exemption area; (b)(6), the provided for in accordance with SNE monkfish and skate gillnet ex- § 648.80(i) and from or within the areas emption area; (b)(7), the SNE dogfish described in § 648.80(i), while in posses- gillnet exemption area; (b)(8), the SNE sion of scallop dredge gear on a vessel mussel and sea urchin dredge exemp- not fishing under the scallop DAS pro- tion area; or (b)(9), the SNE little gram as described in § 648.53, or fishing tunny gillnet exemption area. A viola- under a general scallop permit, unless tion of any of these paragraphs in the vessel and the dredge gear conform § 648.80 is a separate violation. with the stowage requirements of (44) Fish for, land, or possess NE § 648.51 (a)(2)(ii) and (e)(2), or unless the multispecies harvested by means of vessel has not been issued a multispe- pair trawling or with pair trawl gear, cies permit and fishes for NE multispe- except under the provisions of cies exclusively in state waters. § 648.80(d), or unless the vessels that en- (54) Possess or land fish caught with gaged in pair trawling have not been nets of mesh smaller than the min- issued multispecies permits and fish imum size specified in § 648.51, or with for NE multispecies exclusively in scallop dredge gear on a vessel not fish- state waters. ing under the scallop DAS program de- (45) Fish for, harvest, possess, or land scribed in § 648.54 of this chapter, or in or from the EEZ northern shrimp, fishing under a general scallop permit, unless such shrimp were fished for or unless said fish are caught, possessed harvested by a vessel meeting the re- or landed in accordance with §§ 648.80 quirements specified in § 648.80(a)(3). and 648.86, or unless the vessel has not (46) Violate any terms of a letter au- been issued a multispecies permit and thorizing experimental fishing pursu- fishes for NE multispecies exclusively ant to § 648.12 or fail to keep such letter in state waters.
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(55) Purchase, possess, or receive as a (61) Sell, barter or trade, or otherwise dealer, or in the capacity of a dealer, transfer, or attempt to sell, barter or regulated species in excess of the pos- trade, or otherwise transfer, for a com- session limit specified in § 648.86 appli- mercial purpose, any scallops from a cable to a vessel issued a multispecies trip whose catch is 40 lb (18.14 kg) of permit, unless otherwise specified in shucked scallops or less, or 5 bu (176.1 § 648.17. L) of in-shell scallops, unless the vessel (56) Possess, or land per trip, scallops has been issued a valid general or lim- in excess of 40 lb (18.14 kg) of shucked, ited access scallop permit, or the scal- or 5 bu (176.2 L) of in-shell scallops, un- lops were harvested by a vessel that less: has not been issued a scallop permit (i) The scallops were harvested by a and fishes for scallops exclusively in vessel that has been issued and carries state waters. on board a general or limited access (62) Purchase, possess, or receive for scallop permit; or a commercial purpose, or attempt to (ii) The scallops were harvested by a purchase, possess, or receive for a com- vessel that has not been issued a scal- mercial purpose, in the capacity of a lop permit and fishes for scallops ex- dealer, scallops taken from a fishing clusively in state waters. vessel that were harvested in or from (57) Fish for, possess or land per trip, the EEZ, unless issued, and in posses- scallops in excess of 400 lb (181.44 kg) or sion of, a valid scallop dealer’s permit. 50 bu (17.62 hl) of in-shell scallops, un- (63) Purchase, possess, or receive for less: commercial purposes, or attempt to (i) The scallops were harvested by a purchase or receive for commercial vessel that has been issued and carries purposes, scallops caught by a vessel on board a limited access scallop per- other than one issued a valid limited mit, or access or general scallop permit unless (ii) The scallops were harvested by a the scallops were harvested by a vessel vessel that has not been issued a scal- that has not been issued a scallop per- lop permit and fishes for scallops ex- mit and fishes for scallops exclusively clusively in state waters. in state waters. (58) Fish for, possess, or land per trip, (64) Operate or act as an operator of scallops in excess of 40 lb (18.14 kg) of a vessel fishing for or possessing any shucked, or 5 bu (176.2 L) of in-shell species of fish regulated by this part in scallops, unless: or from the EEZ, or issued a permit (i) The scallops were harvested by a pursuant to this part, without having vessel with an operator on board who been issued and possessing a valid oper- has been issued an operator’s permit ator’s permit. and the permit is on board the vessel (65) Possess in or harvest from the and is valid; or EEZ summer flounder, either in excess (ii) The scallops were harvested by a of the possession limit specified in vessel that has not been issued a scal- § 648.105, or before or after the time pe- lop permit and fishes for scallops ex- riod specified in § 648.102, unless the clusively in state waters. vessel was issued a summer flounder (59) Have a shucking or sorting ma- moratorium permit and the morato- chine on board a vessel that shucks rium permit is on board the vessel and scallops at sea, while in possession of has not been surrendered, revoked, or more than 400 lb (181.44 kg) of shucked suspended. scallops, unless that vessel has not (66) Possess nets or netting with been issued a scallop permit and fishes mesh not meeting the minimum mesh exclusively in state waters. requirement of § 648.104 if the person (60) Land, offload, remove, or other- possesses summer flounder harvested wise transfer, or attempt to land, off- in or from the EEZ in excess of the load, remove or otherwise transfer, threshold limit of § 648.105(a). scallops from one vessel to another, un- (67) Purchase or otherwise receive, less that vessel has not been issued a except for transport, summer flounder scallop permit and fishes exclusively in from the owner or operator of a vessel state waters. issued a summer flounder moratorium
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permit, unless in possession of a valid (77) Purchase or otherwise receive for summer flounder dealer permit. a commercial purpose, mackerel, squid, (68) Purchase or otherwise receive for and butterfish caught by other than a commercial purposes summer flounder vessel issued a mackerel, squid, and caught by other than a vessel with a butterfish permit, unless the vessel has summer flounder moratorium permit not been issued a permit under this not subject to the possession limit of part and fishes exclusively within the § 648.105. waters under the jurisdiction of any (69) Purchase or otherwise receive for state. a commercial purpose summer flounder (78) [Reserved] landed in a state after the effective (79) Violate any other provision of date published in the FEDERAL REG- this part, the Magnuson Act, or any ISTER notifying permit holders that regulation, notice, or permit issued commercial quota is no longer avail- under the Magnuson Act. able in that state. (80) Possess scup in or harvested from (70) Fail to comply with any sea tur- the EEZ north of 35°15.3′ N. lat. in an tle conservation measure specified in area closed, or before or after a season § 648.106, including any sea turtle con- established pursuant to § 648.122. servation measure implemented by no- (81) To purchase or otherwise receive tification in the FEDERAL REGISTER in for a commercial purpose scup har- accordance with § 648.106(d). vested from the EEZ north of 35°15.3′ N. (71) Use any vessel of the United lat., or from a vessel issued a scup mor- States for taking, catching, harvesting, atorium permit after the effective date fishing for, or landing any Atlantic of the notification published in the salmon taken from or in the EEZ. FEDERAL REGISTER stating that the (72) Transfer, directly or indirectly, commercial quota has been harvested. or attempt to transfer to any vessel (82) Land scup harvested in or from any Atlantic salmon taken in or from ° ′ the EEZ. the EEZ north of 35 15.3 N. lat. after (73) Take and retain, or land more the effective date of the notification mackerel, squid, and butterfish than published in the FEDERAL REGISTER specified under a notice issued under stating that the commercial quota has § 648.22. been harvested. (74) Possess nets or netting with (83) Possess scup harvested in or from ° ′ mesh not meeting the minimum size the EEZ north of 35 15.3 N. lat. that do requirement of § 648.23 and not stowed not meet the minimum fish size speci- in accordance with the requirements of fied in § 648.124. § 648.23, if in possession of Loligo har- (84) Fish for, catch, or retain scup in vested in or from the EEZ. excess of 4,000 lb (1,814 kg) in or from (75) Transfer Loligo, Illex, or the EEZ north of 35°15.3′ N. lat. unless butterfish within the EEZ, unless the the vessel meets the gear restrictions vessels participating in the transfer in § 648.123. have been issued a valid Loligo and (85) Fish for, catch, or retain scup in butterfish or Illex moratorium permit or from the EEZ north of 35°15.3′ N. lat. and are transferring the species for for sale, barter, or trade, after January which the vessels are permitted or have 1, 1997, unless the vessel has been a valid squid/butterfish incidental issued a valid moratorium permit pur- catch permit and a letter of authoriza- suant to § 648.4(a)(6). tion from the Regional Administrator. (86) Sell or transfer scup harvested in (76) Purchase, possess or receive for a or from the EEZ north of 35°15.3′ N. lat. commercial purpose, or attempt to pur- after January 1, 1997, unless the vessel chase, possess, or receive for a com- has been issued a valid moratorium mercial purpose, in the capacity of a permit pursuant to § 648.4(a)(6). dealer, except for transport on land, (87) Fish for, catch, or retain scup in mackerel, squid, and butterfish taken or from the EEZ north of 35°15.3′ N. lat. from a fishing vessel unless issued, and on board a party or charter boat after in possession of a valid mackerel, January 1, 1997, unless the vessel has squid, and butterfish fishery dealer per- been issued a valid party or charter mit. boat permit pursuant to § 648.4(a)(6)(ii).
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(88) Fish with or possess scup pots or suant to § 648.145 unless the vessel has traps in the EEZ north of 35°15.3′ N. lat. not been issued a permit under this that have a rectangular escape vent, part and is fishing exclusively within any side of which is less than 2.25 the waters under the jurisdiction of inches (5.7 cm) in length. any state. (89) Fail to remove, use, set, haul (94) Possess or use rollers used in back, fish with, or possess on board a roller rig or rock hopper trawl gear vessel, unless stowed in accordance that do not meet the minimum size re- with § 648.81(e)(4), sink gillnet gear and quirement of § 648.144 if the person pos- other gillnet gear capable of catching sesses black sea bass harvested in or multispecies, with the exception of sin- from the EEZ from 35°15.3′ N. lat., the gle pelagic gillnets (as described in latitude of Cape Hatteras Light, NC, § 648.81(f)(2)(ii)), in the areas and for the northward to the U.S.-Canada border. times specified in § 648.87 (a) and (b), (95) Possess or use pot and trap gear except as provided in §§ 648.81(f)(2)(ii) not meeting the requirements of and 648.87 (a) and (b), or unless other- § 648.144 if the person possesses black wise authorized in writing by the Re- sea bass harvested in or from the EEZ gional Administrator. from 35°15.3′ N. lat., the latitude of (90) Use, set, haul back, fish with, Cape Hatteras Light, NC, northward to possess on board a vessel, unless the U.S.-Canada border. stowed in accordance with § 648.81(e)(4), (96) Purchase or otherwise receive for or fail to remove, sink gillnet gear and commercial purposes black sea bass other gillnet gear capable of catching landed for sale by a moratorium vessel multispecies, with the exception of sin- in any state, or part thereof, north of gle pelagic gillnets (as described in 35°15.3′ N. lat., after the effective date § 648.81(g)(2)(ii)), in the areas and for of the notification published in the the times specified in § 648.87(a) and (b), FEDERAL REGISTER stating that the except as provided in § 648.81(g)(2)(ii) commercial quarterly quota has been and 648.87(a) and (b), or unless other- harvested and the EEZ is closed to the wise authorized in writing by the Re- harvest of black sea bass. gional Administrator. (97) Fish in or transit the Scallop Ex- (91) Possess in or harvest from the perimental Area defined in EEZ from 35°15.3′ N. lat., the latitude of § 648.56(a)(1), except as provided for in Cape Hatteras Light, NC, northward to § 648.56 (a)(2) and (a)(3). the U.S.-Canada border, black sea bass (98) Fish, or be in the areas described either in excess of the possession limit in § 648.81(j)(1), (k)(1), (l)(1), and (m)(1) established pursuant to § 648.145 or be- on a fishing vessel with mobile gear fore or after the time period estab- during the time periods specified in lished pursuant to § 648.142, unless the § 648.81(j)(2), (k)(2), (l)(2), and (m)(2), ex- person is operating a vessel issued a cept as provided in § 648.81(j)(2), (k)(2), moratorium permit under § 648.4 and (l)(2), and (m)(2). the moratorium permit is on board the (99) Fish, or be in the areas described vessel and has not been surrendered, in § 648.81(j)(1), (k)(1), and (l)(1) on a revoked, or suspended; fishing vessel with lobster pot gear (92) Fish for, catch, or retain 100 lb or during the time periods specified in more (45.4 kg or more) of black sea bass § 648.81(j)(2), (k)(2), and (l)(2). in or from the EEZ from 35°15.3′ N. lat., (100) Deploy in or fail to remove lob- the latitude of Cape Hatteras Light, ster pot gear from the areas described NC, northward to the U.S.-Canada bor- in § 648.81(j)(1), (k)(1), and (l)(1), during der, unless the vessel meets the gear the time periods specified in restrictions of § 648.144. § 648.81(j)(2), (k)(2), and (l)(2). (93) Purchase or otherwise receive for (101) Enter, fail to remove gear from, commercial purposes black sea bass or be in the areas described in caught in the EEZ from 35°15.3′ N. lat., § 648.81(g)(1) through (i)(1) during the the latitude of Cape Hatteras Light, time period specified, except as pro- North Carolina, northward to the U.S.- vided in § 648.81(d), (g)(2), (h)(2), and Canada border, by other than a vessel (i)(2). with a moratorium permit not subject (102) Enter or fish in the Gulf of to the possession limit established pur- Maine/Georges Bank and Southern New
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England Regulated Mesh Areas, except the effective date published in the FED- as provided in §§ 648.80 (a)(2)(iii) and ERAL REGISTER notifying participants (b)(2)(iii), and for purposes of that Maine mahogany quahog quota is transiting, provided that all gear no longer available, unless the vessel is (other than exempted gear) is stowed in fishing for an individual allocation of accordance with § 648.23(b). ocean quahogs under § 648.70. (103) Sell, barter, trade or transfer, or (110) Fish for, possess or retain sea attempt to sell, barter, trade or other- scallops in or from the areas described wise transfer, other than transport, in § 648.57. any multispecies, unless the dealer or (111) Transit or be in the areas de- transferee has a dealer permit issued scribed in § 648.57 with scallop gear that under § 648.6. is not properly stowed as required in (104) Fish for, harvest, possess, or § 648.57 or a preponderance of the evi- land regulated species in or from the dence of record shows there was a com- closed areas specified in § 648.81(a), (b), pelling safety reason. (c), (g), (h), and (i), unless otherwise (112) Fish for, harvest, possess, or specified in § 648.81(c)(2)(iii), (g)(2)(i), land in or from the EEZ, when fishing and (g)(2)(iii). with trawl gear, any of the exempted (105) Offload unshucked surf clams or species specified in § 648.80(a)(8)(i), un- ocean quahogs harvested in or from the less such species were fished for or har- EEZ outside the Maine mahogany qua- vested by a vessel meeting the require- hog zone from vessels not capable of ments specified in § 648.80(a)(3)(ii) or carrying cages, other than directly (a)(8)(ii). into cages. (113) Land ocean quahogs outside (106) Offload unshucked surf clams Maine that are harvested in or from harvested in or from the EEZ within the EEZ within the Maine mahogany the Maine mahogany quahog zone from quahog zone, except at a facility par- vessels not capable of carrying cages, ticipating in an overall food safety pro- other than directly into cages. gram, operated by the official state (107) Offload unshucked ocean qua- agency having jurisdiction, that uti- hogs harvested in or from the EEZ lizes food safety-based procedures in- within the Maine mahogany quahog cluding sampling and analyzing for zone from vessels not capable of car- PSP toxin consistent with procedures rying cages, other than directly into used by the State of Maine for such cages, unless the vessel has been issued purpose. a Maine mahogany quahog permit (114) Fish for, possess, or land species under this part and is not fishing for an regulated under this part with or from individual allocation of quahogs under a vessel that is issued a limited access § 648.70. permit under §§ 648.4(a)(1)(i), (108) Purchase, receive for a commer- 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), cial purpose other than transport to a 648.4(a)(5)(i), 648.4(a)(6)(i), or testing facility, or process, or attempt § 648.4(a)(7)(i), and that has had the to purchase, receive for commercial horsepower of such vessel or its re- purpose other than transport to a test- placement upgraded or increased in ex- ing facility, or process, outside Maine, cess of the limitations specified in ocean quahogs harvested in or from the § 648.4(a)(1)(i)(E) and (F). EEZ within the Maine mahogany qua- (115) Fish for, possess, or land species hog zone, except at a facility partici- regulated under this part with or from pating in an overall food safety pro- a vessel issued a limited access permit gram, operated by the official state under §§ 648.4(a)(1)(i), 648.4(a)(2)(i), agency having jurisdiction, that uti- 648.4(a)(3)(i), 648.4(a)(4)(i), 648.4(a)(5)(i), lizes food safety-based procedures in- 648.4(a)(6)(i), or § 648.4(a)(7)(i), that has cluding sampling and analyzing for had the length, GRT, or NT of such ves- PSP toxin consistent with procedures sel or its replacement upgraded or in- used by the State of Maine for such creased in excess of the limitations purpose. specified in § 648.4(a)(1)(i)(E) and (F). (109) Land or possess ocean quahogs (116) Fish for, harvest, possess, or harvested in or from the EEZ within land any species of fish in or from the the Maine mahogany quahog zone after GOM/GB Inshore Restricted Roller
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Gear Area described in § 648.80(a)(2)(iv) upgraded in excess of limitations speci- with trawl gear where the diameter of fied in § 648.4(a)(1)(i) (E) and (F). any part of the trawl footrope, includ- (6) Fail to comply with any provision ing discs, rollers or rockhoppers, is of the DAS notification program as greater than 12 inches (30.48 cm). specified in § 648.10. (b) In addition to the general prohibi- (7) Possess or land per trip more than tions specified in § 600.725 of this chap- the possession or landing limits speci- ter and in paragraph (a) of this section, fied under § 648.86(a), (b), and under it is unlawful for any person owning or § 648.82(b)(3), if the vessel has been operating a vessel holding a multispe- issued a limited access multispecies cies permit, issued an operator’s per- permit. mit, or issued a letter under (8) Fail to comply with the restric- § 648.4(a)(1)(i)(H)(3), to land, or possess tions on fishing and gear specified in on board a vessel, more than the pos- § 648.82(b)(4), if the vessel has been session or landing limits specified in issued a limited access multispecies § 648.86(a) and (b), or to violate any of hook-gear permit. the other provisions of § 648.86, unless (9) Fail to declare, and be, out of the otherwise specified in § 648.17. NE multispecies DAS program as re- (c) In addition to the general prohibi- quired by § 648.82(g), using the proce- tions specified in § 600.725 of this chap- dure described under § 648.82(h), as ap- ter and in paragraphs (a) and (b) of this plicable. section, it is unlawful for any person (10) Enter, fail to remove sink gillnet owning or operating a vessel issued a gear or gillnet gear capable of catching limited access multispecies permit or a multispecies from, or be in the areas, letter under § 648.4(a)(1)(i)(H)(3), unless and for the times, described in otherwise specified in § 648.17, to do any § 648.87(a) and (b), except as provided in of the following: § 648.81(d) and (g)(2), and in (1) Fish for, possess at any time dur- § 648.87(a)(1)(ii). ing a trip, or land per trip more than (11) If the vessel has been issued a the possession limit of regulated spe- limited access multispecies permit and cies specified in § 648.86(c) after using fishes under a multispecies DAS, fail to up the vessel’s annual DAS allocation comply with gillnet requirements and or when not participating in the DAS restrictions specified in § 648.82(k). program pursuant to § 648.82, unless (12) If the vessel has been issued a otherwise exempted under § 648.82(b)(3) limited access Day gillnet category or § 648.89. designation, fail to comply with the re- (2) If required by § 648.10 to have a striction and requirements specified in VMS unit: § 648.82(k)(1). (i) Fail to have a certified, oper- (13) If the vessel has been issued a ational, and functioning VMS unit that Day gillnet category designation, fail meets the specifications of § 648.9 on to remove gillnet gear from the water board the vessel at all times. as described in § 648.82(g) and (ii) Fail to comply with the notifica- § 648.82(k)(1)(iv). tion, replacement, or any other re- (14) Fail to produce or, cause to be quirements regarding VMS usage as produced, gillnet tags when requested specified in § 648.10(b). by an authorized officer. (3) Combine, transfer, or consolidate (15) Produce, or cause to be produced, DAS allocations. gillnet tags under § 648.82(k)(1) without (4) Fish for, possess, or land NE the written confirmation from the Re- multispecies with or from a vessel that gional Administrator described in has had the horsepower of such vessel § 648.82(k)(1)(ii). or its replacement upgraded or in- (16) Tag a gillnet or use a gillnet tag creased in excess of the limitations that has been reported lost, missing, specified in § 648.4(a)(1)(i) (E) and (F). destroyed, or issued to another vessel. (5) Fish for, possess, or land NE (17) Sell, transfer, or give away multispecies with or from a vessel that gillnet tags that have been reported has had the length, GRT, or NT of such lost, missing, destroyed, or issued to vessel or its replacement increased or another vessel.
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(18) If the vessel has been issued a (2) Use, or possess on board, gear ca- Trip gillnet category designation, fail pable of harvesting NE multispecies, to comply with the restrictions and re- other than rod and reel or handline, quirements specified in § 648.82(k)(2). while in possession of, or fishing for, (19) Fail to comply with the exemp- NE multispecies. tion specifications as described in (3) Possess or land NE multispecies § 648.86(b)(4). during the time period specified in (20) Fail to comply with the provi- § 648.88(a)(2). sions of the cod hail weight notifica- (4) Violate any provision of the open tion specifications specified in access handgear permit restrictions as § 648.86(b)(1)(ii)(B). provided in § 648.88(a). (21) Fail to declare, and be, out of the (e) In addition to the general prohibi- non-exempt gillnet fishery as required tions specified in § 600.725 of this chap- by § 648.82(k)(1)(iv), using the procedure ter and in paragraphs (a) through (d) of described under § 648.82(h), as applica- this section, it is unlawful for any per- ble. son owning or operating a vessel issued (22) Fail to comply with the exemp- a scallop multispecies possession limit tion specifications as described in permit to possess or land more than § 648.17. the possession limit of regulated spe- (23) Fail to enter port and call-out of cies specified at § 648.88(c) or to possess the DAS program no later than 14 DAS or land regulated species when not fish- after starting a multispecies DAS trip ing under a scallop DAS, unless other- (i.e., the time a vessel leaves port or wise specified in § 648.17. when the vessel received a DAS author- (f) In addition to the general prohibi- ization number, whichever comes first), tions specified in § 600.725 of this chap- as specified in § 648.10(f)(3), unless oth- ter and in paragraph (a) of this section, erwise specified in § 648.86(b)(1)(ii), or it is unlawful for any person owning or unless the vessel is fishing under the operating a vessel issued a limited ac- cod exemption specified in § 648.86(b)(4). cess scallop permit or a general scallop (24) Enter port, while on a multispe- permit under § 648.4(a)(2) to land, or cies DAS trip, in possession of more possess at or after landing, in-shell than the allowable limit of cod speci- scallops smaller than the minimum fied in § 648.86(b)(1)(i) without reporting shell height specified in § 648.50(a). the cod hail weight, unless the vessel is (g) In addition to the general prohibi- fishing under the cod exemption speci- tions specified in § 600.725 of this chap- fied in § 648.86(b)(4). ter and the prohibitions specified in (25) Fail to remain in port for the ap- paragraphs (a) through (f) of this sec- propriate time specified in tion, it is unlawful for the owner or op- § 648.86(b)(1)(ii)(A), except for transiting erator of a charter or party boat issued purposes, provided the vessel complies a multispecies permit, or of a rec- with § 648.86(b)(3). reational vessel, as applicable, unless (26) Fish for, land or possess cod in otherwise specified in § 648.17, to: excess of the cod trip landings and/or (1) Fish with gear in violation of the maximum possession limits specified in restrictions specified in § 648.89(a). or pursuant to § 648.86(b)(2). (2) Possess cod and haddock in excess (d) In addition to the general prohibi- of the possession limits specified in tions specified in § 600.725 of this chap- § 648.89(c). ter and in paragraphs (a), (b), and (c) of (3) Sell, trade, barter, or otherwise this section, it is unlawful for any per- transfer, or attempt to sell, trade, bar- son owning or operating a vessel issued ter or otherwise transfer, NE multispe- a multispecies handgear permit to do cies for a commercial purpose as speci- any of the following, unless otherwise fied in § 648.89(d). specified in § 648.17: (h) In addition to the general prohibi- (1) Possess, at any time during a trip, tions specified in § 600.725 of this chap- or land per trip, more than the posses- ter and in paragraphs (a) and (g) of this sion limit of regulated species specified section, it is unlawful for any person in § 648.88(a), unless the regulated spe- owning or operating a vessel issued a cies were harvested by a charter or limited access scallop permit under party vessel. § 648.4(a)(2) to do any of the following:
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(1) Possess, or land per trip, more er than the minimum size specified in than 400 lb (181.44 kg) of shucked, or 50 § 648.51(a)(2). bu (17.62 hl) of in-shell scallops after (11) Fish under the DAS allocation using up the vessel’s annual DAS allo- program with trawl nets that use chaf- cation or when not participating under ing gear or other means or devices that the DAS program pursuant to § 648.10, do not meet the requirements of unless exempted from DAS allocations § 648.51(a)(3). as provided in § 648.54. (12) Possess more than 40 lb (18.14 kg) (2) Land scallops on more than one of shucked, or 5 bu (176.2 L) of in-shell trip per calendar day after using up the scallops or participate in the DAS allo- vessel’s annual DAS allocation or when cation program, while in possession of not participating under the DAS pro- dredge gear that has a maximum com- gram pursuant to § 648.10, unless ex- bined dredge width exceeding 31 ft (9.4 empted from DAS allocations as pro- m), measured at the widest point in the vided in § 648.55. bail of each dredge, except as specified (3) Fail to have an approved, oper- in § 648.51(b)(1). ational, and functioning VMS unit that (13) Possess more than 40 lb (18.14 kg) meets the specifications of § 648.9 on of shucked, or 5 bu (176.1 L) of in-shell board the vessel at all times, unless the scallops, or fish under the DAS alloca- vessel is not subject to the VMS re- tion program, while in possession of quirements specified in § 648.10. dredge gear that uses net or net mate- rial, or any other material, on the top (4) If the vessel is not subject to VMS half of the dredge with a mesh size requirements specified in § 648.10(a), smaller than that specified in fail to comply with the requirements of § 648.51(b)(2), unless otherwise prohib- the call-in system specified in ited under paragraph (h)(27) of this sec- § 648.10(b). tion. (5) Combine, transfer, or consolidate (14) Possess more than 40 lb (18.14 kg) DAS allocations. of shucked, or 5 bu (176.1 L) of in-shell (6) Have an ownership interest in scallops, or fish under the DAS alloca- more than 5 percent of the total num- tion program, while in possession of ber of vessels issued limited access dredge gear containing rings that have scallop permits, except as provided in minimum sizes smaller than those § 648.4(a)(2)(i)(H). specified in § 648.51(b)(3). (7) Fish for, possess, or land scallops (15) Possess more than 40 lb (18.14 kg) with or from a vessel that has had the of shucked, or 5 bu (176.2 L) of in-shell horsepower of such vessel or its re- scallops, or participate in the DAS al- placement upgraded or increased in ex- location program, while in possession cess of the limitations specified in of dredge gear that uses links between § 648.4(a)(2)(i) (E) or (F). rings of the gear or ring configurations (8) Fish for, possess, or land scallops that do not conform to the specifica- with or from a vessel that has had the tions described in § 648.51(b)(4)(ii). length, GRT, or NT of such vessel or its (16) Possess more than 40 lb (18.14 kg) replacement increased or upgraded in of shucked, or 5 bu (176.2 L) of in-shell excess of limitations specified in scallops, or participate in the DAS al- § 648.4(a)(2)(i) (E) or (F). location program, while in possession (9) Possess more than 40 lb (18.14 kg) of dredge gear that uses cookies or of shucked, or 5 bu (176.2 l) of in shell chafing gear, or other gear, means, or scallops or participate in the DAS allo- devices on the top half of a dredge that cation program, while in the possession obstruct the openings in or between of trawl nets that have a maximum the rings, except as specified in sweep exceeding 144 ft (43.9 m), as § 648.51(b)(4). measured by the total length of the (17) Participate in the DAS alloca- footrope that is directly attached to tion program with more than the num- the webbing of the net, except as speci- ber of persons specified in § 648.51(c), in- fied in § 648.51(a)(2)(ii). cluding the operator, on board when (10) Fish under the DAS allocation the vessel is not docked or moored in program with, or have available for im- port, unless otherwise authorized by mediate use, trawl nets of mesh small- the Regional Administrator.
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(18) Fish under the small dredge pro- (2) Possess more than 40 lb (18.14 kg) gram specified in § 648.51(e), with, or of shucked, or 5 bu (176.2 L) of in-shell while in possession of, a dredge that ex- scallops while in possession of, or fish ceeds 10.5 ft (3.2 m) in overall width, as for scallops with, dredge gear that has measured at the widest point in the a maximum combined dredge width ex- bail of the dredge. ceeding 31 ft (9.4 m), measured at the (19) Fish under the small dredge pro- widest point in the bail of each dredge, gram as specified in § 648.51(e) with except as specified in § 648.51(b)(1). more than five persons, including the (3) Possess more than 40 lb (18.14 kg) operator, aboard the vessel, unless oth- of shucked, or 5 bu (176.1 L) of in-shell erwise authorized by the Regional Ad- scallops while in possession of, or fish ministrator. for scallops with, dredge gear that uses (20) Have a shucking or sorting ma- net or net material on the top half of chine on board a vessel that shucks the dredge of a minimum mesh size scallops at sea while fishing under the smaller than that specified in DAS allocation program, unless other- § 648.51(b)(2). wise authorized by the Regional Ad- (4) Possess more than 40 lb (18.14 kg) ministrator. of shucked, or 5 bu (176.1 L) of in-shell (21) Refuse or fail to carry an ob- scallops while in possession of, or fish server if requested to do so by the Re- for scallops with, dredge gear con- gional Administrator. taining rings that have minimum sizes (22) Fail to provide an observer with smaller than those specified in required food, accommodations, access, § 648.51(b)(3). and assistance, as specified in § 648.11. (5) Possess more than 40 lb (18.14 kg) (23) Fail to comply with any require- of shucked, or 5 bu (176.2 L) of in-shell ment for declaring in and out of the scallops while in possession of, or fish DAS allocation program as specified in for scallops with, dredge gear that uses § 648.10. links between rings of the gear or ring (24) Fail to comply with any require- configurations that do not conform to ment for participating in the DAS Ex- the specifications described in emption Program as specified in § 648.51(b)(4)(ii). § 648.54. (6) Possess more than 40 lb (18.14 kg) (25) Fish with, possess on board, or of shucked, or 5 bu (176.2 L) of in-shell land scallops while in possession of scallops while in possession of, or fish trawl nets, when fishing for scallops for scallops with, dredge gear that uses under the DAS allocation program, un- cookies or chafing gear, or other gear, less exempted as provided for in means, or devices on the top half of a § 648.51(f). dredge that obstruct the openings in or (26) Fail to comply with the restric- between the rings, except as specified tion on twine top described in in § 648.51(b)(4). § 648.51(b)(4)(iv). (7) Fish for, or land, more than 40 lb (27) Enter or be in the area described (18.14 kg) of scallops on more than one in § 648.58(b) when fishing under a scal- trip per calendar day. lop DAS, with a net, net material, or (j) In addition to the general prohibi- any other material on the top half of tions specified in § 600.725 of this chap- the dredge with mesh size smaller than ter and in paragraph (a) of this section, that specified in § 648.58(c)(7). it is unlawful for any person owning or (28) Fail to comply with any of the operating a vessel issued a summer provisions and specifications of § 648.58. flounder permit (including moratorium (i) In addition to the general prohibi- permit) to do any of the following: tions specified in § 600.725 of this chap- (1) Possess 100 lb or more (45.4 kg or ter and in paragraphs (a), (f), and (g) of more) of summer flounder between this section, it is unlawful for any per- May 1 and October 31, or 200 lb or more son owning or operating a vessel issued (90.7 kg or more) of summer flounder a general scallop permit to do any of between November 1 and April 30, un- the following: less the vessel meets the minimum (1) Possess, or land per trip, more mesh size requirement specified in than 400 lb (181.44 kg) of shucked or 50 § 648.104(a), or is fishing in the exempt- bu (17.62 hl) of in-shell scallops. ed area with an exemption permit as
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specified in § 648.104(b)(1), or holds an ter and in paragraph (a) of this section, exemption permit and is in transit it is unlawful for any person owning or from the exemption area with nets operating a vessel issued a scup permit properly stowed as specified in (including a moratorium permit) to do § 648.104(f), or is fishing with exempted any of the following: gear specified in § 648.104(b)(2). (1) Possess scup in excess of the (2) Possess summer flounder in other threshold amount specified in § 648.123, than a box specified in § 648.105(d) if unless the vessel meets the minimum fishing with nets having mesh that mesh-size restrictions specified in does not meet the minimum mesh-size § 648.123. requirement specified in § 648.104(a), un- (2) Fail to keep scup separate from less the vessel is fishing pursuant to other species if fishing with nets hav- the exemptions specified in § 648.104(b). ing mesh that does not meet the min- (3) Land summer flounder for sale in imum mesh-size restrictions specified a state after the effective date of the in § 648.123(a). notification in the FEDERAL REGISTER (3) Land scup for sale after the effec- notifying permit holders that commer- tive date of the notification published cial quota is no longer available in that in the FEDERAL REGISTER stating that state. the commercial quota has been har- (4) Fish with or possess nets or net- vested. ting that do not meet the minimum (4) Possess nets or netting that do mesh requirement, or that are modi- not meet the minimum mesh restric- fied, obstructed or constricted, if sub- tions or that are modified, obstructed ject to the minimum mesh requirement or constricted, if subject to the min- specified in § 648.104, unless the nets or imum mesh requirements specified in netting are stowed in accordance with § 648.123(a), unless the nets or netting § 648.104(f). are stowed in accordance with (5) Fish with or possess nets or net- § 648.23(b). ting that do not meet the minimum (5) Fish with nets or netting that do mesh requirement, or that are modi- not meet the minimum mesh restric- fied, obstructed or constricted, if fish- tion or that are modified, obstructed or ing with an exempted net described in constricted while in possession of scup § 648.104, unless the nets or netting are in excess of the threshold amount spec- stowed in accordance with § 648.104(f). ified in § 648.123. (6) Fish west or south, as appropriate, (6) As of January 1, 1997, sell or trans- of the line specified in § 648.104(b)(1) if fer to another person for a commercial exempted from the minimum mesh re- purpose, other than transport on land, quirement specified in § 648.104 by a any scup, unless the transferee has a summer flounder exemption permit. dealer permit issued under § 648.6. (7) Sell or transfer to another person (7) Carry passengers for hire, or carry for a commercial purpose, other than more than three crew members for a transport, any summer flounder, unless charter boat or five crew members for the transferee has a valid summer a party boat, while fishing for scup flounder dealer permit. under the terms of a moratorium per- (8) Carry passengers for hire, or carry mit issued pursuant to § 648.4(a)(6). more than three crew members for a (8) Use a scup pot or trap that does charter boat or five crew members for not have the hinges and fasteners made a party boat, while fishing commer- of degradable materials as specified in cially pursuant to a summer flounder § 648.123. moratorium permit. (9) Use a scup trap or pot that does (9) Offload, remove, or otherwise not have a minimum escape vent of the transfer, or attempt to offload, remove size specified in § 648.123. or otherwise transfer summer flounder (10) Use roller rig trawl gear equipped from one vessel to another, unless that with rollers greater than the size speci- vessel has not been issued a summer fied in § 648.123. flounder permit and fishes exclusively (11) Possess scup in, or harvested in state waters. from, the EEZ in an area closed, or be- (k) In addition to the general prohibi- fore or after a season established pur- tions specified in § 600.725 of this chap- suant to § 648.122.
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(12) Use a scup trap or pot that is not mercial purpose other than transport, marked in accordance with unless that person has a surf clam and § 648.123(b)(3). ocean quahog processor/dealer permit. (l) In addition to the general prohibi- (p) In addition to the general prohibi- tions specified in § 600.725 of this chap- tions specified in § 600.725 of this chap- ter and in paragraph (a) of this section, ter, it is unlawful for any person own- it is unlawful for the owner or operator ing or operating a vessel issued a valid of a party or charter boat issued a scup mackerel, squid, and butterfish fishery permit (including a moratorium per- permit, or issued an operator’s permit, mit), when the boat is carrying pas- to do any of the following: sengers for hire or carrying more than (1) Possess more than the incidental three crew members if a charter boat catch allowance of Loligo or butterfish, or more than five members if a party unless issued a Loligo squid and boat, to: butterfish fishery moratorium permit. (1) Possess scup in excess of the pos- (2) Possess more than the incidental session limit established pursuant to catch allowance of Illex squid unless § 648.125. issued an Illex squid moratorium per- (2) Fish for scup other than during a mit. season established pursuant to § 648.122. (3) Take, retain, or land mackerel, (3) Sell scup or transfer scup to an- squid, or butterfish in excess of a trip other person for a commercial purpose. allowance specified under § 648.22. (4) Possess scup that do not meet the (4) Take, retain, or land mackerel, minimum fish size specified in squid, or butterfish after a total clo- § 648.124(b). sure specified under § 648.22. (m) It is unlawful for the owner and (5) Fish with or possess nets or net- operator of a party or charter boat ting that do not meet the minimum issued a summer flounder permit (in- mesh requirement for Loligo specified cluding moratorium permit), when the in § 648.23(a), or that are modified, ob- boat is carrying passengers for hire or structed, or constricted, if subject to carrying more than three crew mem- the minimum mesh requirement, un- bers if a charter boat or more than five less the nets or netting are stowed in members if a party boat, to: accordance with § 648.23(b) or the vessel (1) Possess summer flounder in excess is fishing under an exemption specified of the possession limit established pur- in § 648.23(a). suant to § 648.105. (6) Transfer squid or butterfish at sea (2) Fish for summer flounder other to another vessel unless that other ves- than during a season specified pursuant sel has been issued a valid Loligo and to § 648.102. butterfish or Illex moratorium permit (3) Sell or transfer summer flounder and are transferring the species for to another person for a commercial which the vessel is permitted or a valid purpose. squid/butterfish incidental catch per- (n) It is unlawful to violate any mit and a letter of authorization by terms of a letter authorizing experi- the Regional Administrator. mental fishing pursuant to § 648.12 or to (7) Fail to comply with any measures fail to keep such letter aboard the ves- implemented pursuant to § 648.21. sel during the time period of the exper- (8) Carry passengers for hire while imental fishing. fishing commercially under a mack- (o) In addition to the general prohibi- erel, squid, and butterfish fishery per- tions specified in § 600.725 of this chap- mit. ter and in paragraph (a) of this section, (9) Fail to carry on board a letter of it is unlawful for any person owning or authorization, if fishing in an experi- operating a vessel issued a surf clam mental fishery pursuant to § 648.12. and ocean quahog permit or issued a (q) It is unlawful for the owner and surf clam and ocean quahog allocation operator of a party or charter boat permit under § 648.70, to land or possess issued a mackerel, squid, and any surf clams or ocean quahogs in ex- butterfish fishery permit (including a cess of, or without, an individual allo- moratorium permit), when the boat is cation, or to transfer any surf clams or carrying passengers for hire, to do any ocean quahogs to any person for a com- of the following:
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(1) Violate any recreational fishing mesh requirement, or that are modi- measures established pursuant to fied, obstructed or constricted, if sub- § 648.21(d). ject to the minimum mesh requirement (2) Sell or transfer mackerel, squid, specified in § 648.144, unless the nets or or butterfish to another person for a netting are stowed in accordance with commercial purpose. § 648.23(b). (r) [Reserved] (5) Fish with or possess rollers used (s) Any person possessing or landing in roller rig or rock hopper trawl gear per trip, scallops in excess of 40 lb (18.14 that do not meet the requirements kg) of shucked, or 5 bu (176.1 L) of in- specified in § 648.144(a)(5). shell scallops, at or prior to the time (6) Fish with or possess pots or traps when those scallops are received or that do not meet the requirements possessed by a dealer, is subject to all specified in § 648.144(b). of the scallop prohibitions specified in (7) Sell or transfer to another person this section, unless the scallops were for a commercial purpose, other than harvested by a vessel without a scallop transport on land, any black sea bass, permit that fishes for scallops exclu- unless the transferee has a valid black sively in state waters. Any person, re- sea bass dealer permit. gardless of the quantity of scallops pos- (8) Carry passengers for hire, or carry sessed or landed, is subject to the pro- more than three crew members for a hibitions of paragraphs (a)(4) through charter boat or five crew members for (7), (10), (11), (68), (69), (71), (72), (73), a party boat, while fishing commer- and (87) of this section. cially pursuant to a black sea bass (t) In addition to the general prohibi- moratorium permit. tions specified in § 600.725 of this chap- (9) Possess, retain or land black sea ter and in paragraphs (a) through (h) of bass harvested in or from the EEZ in this section, it is unlawful for any per- excess of the commercial trip limit es- son owning or operating a vessel issued tablished pursuant to § 648.140. a nonregulated multispecies permit to (10) Land black sea bass for sale in possess or land any regulated species as any state south of North Carolina. defined in § 648.2, or violate any appli- (11) Possess black sea bass harvested cable provisions of § 648.88, unless oth- in or from the EEZ north or south of erwise specified in § 648.17. 35°15.3′ N. lat. after the effective date of (u) In addition to the general prohibi- the notification published in the FED- tions specified in § 600.725 of this chap- ERAL REGISTER stating that the com- ter and in paragraph (a) of this section, mercial quarterly quota has been har- it is unlawful for any person owning or vested and the EEZ is closed to the operating a vessel issued a black sea harvest of black sea bass. bass permit (including a moratorium (v) It is unlawful for the owner and permit) to do any of the following: operator of a party or charter boat (1) Possess 1,000 lb (453.6 kg) or more issued a black sea bass permit (includ- of black sea bass, unless the vessel ing a moratorium permit), when the meets the minimum mesh requirement boat is carrying passengers for hire or specified in § 648.144(a). carrying more than three crew mem- (2) Possess black sea bass in other bers if a charter boat or more than five than a box specified in § 648.145(c) if members if a party boat, to: fishing with nets having mesh that (1) Possess black sea bass in excess of does not meet the minimum mesh-size the possession limit established pursu- requirement specified in § 648.144(a). ant to § 648.145. (3) Land black sea bass for sale in (2) Fish for black sea bass other than any state, or part thereof, north or during a season specified pursuant to south of 35°15.3′ N. lat., after the effec- § 648.142. tive date of the notification published (3) Sell black sea bass or transfer in the FEDERAL REGISTER stating that black sea bass to another person for a the commercial quarterly quota has commercial purpose. been harvested and the EEZ is closed (w) In addition to the general prohi- to the harvest of black sea bass. bitions specified in § 600.725 of this (4) Fish with or possess nets or net- chapter, it is unlawful for any person ting that do not meet the minimum to do any of the following:
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(1) Possess in or harvest from the individual allocation under § 648.70; or, EEZ Atlantic bluefish in excess of the unless the preponderance of available daily possession limit specified in evidence demonstrates that he/she has § 648.131, unless that person has a per- surrendered his/her surf clam and mit meeting the requirements of ocean quahog permit issued under § 648.4(a)(8); § 648.4 and he/she conducted fishing op- (2) Possess, have custody or control erations exclusively within waters of, ship, receive, barter, trade, trans- under the jurisdiction of any state. port, offer for sale, sell, purchase, im- Surf clams and ocean quahogs in cages port, or export any bluefish taken, re- with a Federal tag or tags, issued and tained, or landed in violation of the still valid pursuant to this section, af- Magnuson-Stevens Act, or any regula- fixed thereto are deemed to have been tion or permit issued under the Magnu- harvested by the individual allocation son-Stevens Act; holder to whom the tags were issued or (3) Fish under a permit meeting the transferred under § 648.(70) or § 648.75(b). requirements of § 648.4(a)(8) in violation (2) Scallops. Scallops that are pos- of a notice of restriction published sessed or landed at or prior to the time under § 648.162; when the scallops are received by a (4) Fish in the EEZ under a permit dealer, or scallops that are possessed meeting the requirements of by a dealer, are deemed to be harvested § 648.4(a)(8) during a closure under from the EEZ, unless the preponder- § 648.163; or ance of all submitted evidence dem- (5) Sell any Atlantic bluefish har- onstrates that such scallops were har- vested from the EEZ unless that person vested by a vessel without a scallop has a permit that meets the require- permit and fishing exclusively for scal- ments of § 648.4(a)(8). lops in state waters. (x) For purposes of this section, the (3) Summer flounder. All summer following presumptions apply: flounder possessed aboard a party or (1) Surf clams and ocean quahogs. (i) charter boat issued a summer flounder Possession of surf clams or ocean qua- permit are deemed to have been har- hogs on the deck of any fishing vessel vested from the EEZ. in closed areas, or the presence of any (4) NE multispecies. (i) Regulated spe- part of a vessel’s gear in the water in cies possessed for sale that do not meet closed areas, or the presence of any the minimum sizes specified in § 648.83 part of a vessel’s gear in the water for sale are deemed to have been taken more than 12 hours after an announce- or imported in violation of these regu- ment closing the entire fishery be- lations, unless the preponderance of all comes effective, is prima facie evidence submitted evidence demonstrates that that such vessel was fishing in viola- such fish were harvested by a vessel tion of the provisions of the Magnuson not issued a permit under this part and Act and these regulations. fishing exclusively within state waters, (ii) Surf clams or ocean quahogs or by a vessel that fished exclusively in landed from a trip for which notifica- the NAFO Regulatory Area. This pre- tion was provided under § 648.15(b) or sumption does not apply to fish being § 648.70(b) are deemed to have been har- sorted on deck. vested in the EEZ and count against (ii) Regulated species possessed for the individual’s annual allocation un- sale that do not meet the minimum less the vessel has a valid Maine ma- sizes specified in § 648.83 for sale are hogany quahog permit issued pursuant deemed taken from the EEZ or im- to § 648.4(a)(4)(i) and is not fishing for ported in violation of these regula- an individual allocation under § 648.70. tions, unless the preponderance of all (iii) Surf clams or ocean quahogs submitted evidence demonstrates that found in cages without a valid state such fish were harvested by a vessel tag are deemed to have been harvested not issued a permit under this part and in the EEZ and are deemed to be part fishing exclusively within state waters, of an individual’s allocation, unless the or by a vessel that fished exclusively in vessel has a valid Maine mahogany the NAFO Regulatory Area. This pre- quahog permit issued pursuant to sumption does not apply to fish being § 648.4(a)(4)(i) and is not fishing for an sorted on deck.
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(5) Mackerel, squid, and butterfish. All specified in § 648.86(b)(2). Under no cir- mackerel and butterfish possessed on cumstances may such a trip exceed 14 board a party or charter boat issued a days in length. mackerel, squid, and butterfish fishery (29) Fail to remain in port for the ap- permit are deemed to have been har- propriate time specified in vested from the EEZ. § 648.86(b)(1)(ii), except for transiting (6) Scup. All scup possessed on board purposes, provided the vessel complies a party or charter boat issued a permit with § 648.86(b)(5). under § 648.4 are deemed to have been (30) Land more than the allowable harvested from the EEZ. limit of cod specified in (7) Black sea bass. All black sea bass § 648.86(b)(1)(iv), unless the vessel is possessed on board a party or charter fishing under the cod exemption speci- boat issued a permit under fied in § 648.86(b)(2). § 648.4(a)(7)(ii) are deemed to have been harvested from U.S. waters of the west- ern Atlantic Ocean from 35°15.3′ N. lat., * * * * * the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada bor- § 648.15 Facilitation of enforcement. der. (a) General. See § 600.504 of this chap- [61 FR 34968, July 3, 1996] ter. (b) Special notification requirements ap- EDITORIAL NOTE: For FEDERAL REGISTER ci- plicable to surf clam and ocean quahog tations affection § 648.14, see the List of CFR sections affected in the Finding Aids section vessel owners and operators. (1) Vessel of this volume. owners or operators are required to call the NMFS Office of Law Enforcement EFFECTIVE DATE NOTE 1: At 63 FR 45940, nearest to the point of offloading (con- Aug. 28, 1998, § 648.14 was amended by adding paragraph (a)(97), effective Aug. 28, 1998, tact the Regional Administrator for lo- through Feb. 28, 2000. cations and phone numbers) and accu- rately provide the following informa- EFFECTIVE DATE NOTE 2: At 64 FR 14839, tion prior to the departure of their ves- March 29, 1999, § 648.14 was amended by add- ing paragraphs (a) (110) and (111), effective sel from the dock to fish for surf clams March 27, 1999, through March 1, 2001. or ocean quahogs in the EEZ: Name of the vessel; NMFS permit number as- EFFECTIVE DATE NOTE 3: At 64 FR 42045, signed to the vessel; expected date and Aug. 3, 1999, § 648.14 was amended by sus- pending paragraphs (c)(23), (c)(24), and (c)(25) time of departure from port; whether and adding paragraphs (c)(27), (c)(28), (c)(29), the trip will be directed on surf clams and (c)(30), effective Aug. 3, 1999 through or ocean quahogs; expected date, time, Jan. 30, 2000. For the convenience of the user, and location of landing; and name of the added text follows: the individual providing notice. (2) Owners or operators that have § 648.14 Prohibitions. given notification of a fishing trip under this paragraph (b) who decide to * * * * * cancel or postpone the trip prior to de- (c) * * * parture must immediately provide no- (27) Fail to enter port and call-out of tice of cancellation by telephone to the the DAS program no later than 14 DAS Office of Law Enforcement to which after starting (i.e., the time of the the original notification was provided. issuance of the DAS authorization A separate notification shall be pro- number) a multispecies DAS trip, as vided for the next fishing trip. Owners specified in § 648.10(f)(3)(iii), unless oth- or operators that discontinue a fishing erwise specified in § 648.86(b)(1)(iv), or trip in the EEZ must immediately pro- unless the vessel is fishing under the vide notice of discontinuance by tele- cod exemption specified in § 648.86(b)(2). phone to the Office of Law Enforce- (28) Enter port, while on a multispe- ment to which the original notification cies DAS trip, in possession of more was provided. The owner or operator than the allowable limit of cod speci- providing notice of discontinuance fied in § 648.86(b)(1)(iv) without report- shall advise of any changes in landing ing the cod hail weight, unless the ves- time or port of landing. The owner or sel is fishing under the cod exemption operator discontinuing a fishing trip in
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the EEZ must return to port and off- (b) For the duration of the trip, the load any surf clams or ocean quahogs vessel fishes, except for transiting pur- prior to commencing fishing operations poses, exclusively in the NAFO Regu- in the waters under the jurisdiction of latory Area and does not harvest fish any state. in, or possess fish harvested in, or (3) The vessel permits, the vessel, its from, the EEZ; gear, and catch shall be subject to in- (c) When transiting the EEZ, all gear spection upon request by an authorized is properly stowed in accordance with officer. one of the applicable methods specified (4) Suspension of notification require- in § 648.81(e); and ments. The Regional Administrator (d) The vessel operator complies with may suspend notification requirements the High Seas Fishing Compliance per- for vessels fishing under a Maine ma- mit and all NAFO conservation and en- hogany quahog permit issued pursuant forcement measures while fishing in to § 648.4(a)(4)(i) if he determines that the NAFO Regulatory Area. such notification is not necessary to [63 FR 11595, Mar. 10, 1998] enforce effectively the management measures in the Maine mahogany qua- hog zone. The Regional Administrator Subpart B—Management Meas- may rescind such suspension if he con- ures for the Atlantic Mackerel, cludes that the original determination Squid, and Butterfish Fisheries is no longer valid. A suspension or reci- sion of suspension of the notification § 648.20 Maximum optimum yield requirements by the Regional Adminis- (OYs). trator shall be published in the FED- The OYs specified pursuant to § 648.21 ERAL REGISTER. during a fishing year may not exceed (c) Radio hails. Permit holders, while the following amounts: underway, must be alert for commu- (a) Mackerel—that quantity of mack- nication conveying enforcement in- erel that is less than or equal to the al- structions and immediately answer via lowable biological catch (ABC) in U.S. VHF-FM radio, channel 16 when hailed waters specified pursuant to § 648.21. by an authorized officer. Vessels not (b) Loligo—the catch associated with required to have VHF-FM radios by the a fishing mortality rate of Fmax. Coast Guard are exempt from this re- (c) Illex —the catch associated with a quirement. fishing mortality rate of F20. (d) Butterfish—the catch associated [61 FR 34968, July 3, 1996, as amended at 62 with a fishing mortality rate of F . FR 14648, Mar. 27, 1997; 63 FR 27485, May 19, MSY 1998] [61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997] § 648.16 Penalties. See § 600.735. § 648.21 Procedures for determining initial annual amounts. § 648.17 Exemptions for vessels fishing (a) Initial recommended annual speci- in the NAFO Regulatory Area for fications. The Atlantic Mackerel, Multispecies vessels. Squid, and Butterfish Monitoring Com- A vessel issued a valid High Seas mittee (Monitoring Committee) shall Fishing Compliance permit under 50 meet annually to develop and rec- CFR part 300 is exempt from multispe- ommend the following specifications cies permit, mesh size, effort-control, for consideration by the Mackerel, and possession limit restrictions, speci- Squid, and Butterfish Committee of the fied in §§ 648.4, 648.80, 648.82 and § 648.86, MAFMC: (1) Initial OY (IOY), domestic respectively, while transiting the EEZ annual harvest (DAH), and domestic with multispecies on board the vessel, annual processing (DAP) for the squids; or landing multispecies in U.S. ports (2) IOY, DAH, DAP, and bycatch level that were caught while fishing in the of the total allowable level of foreign NAFO Regulatory Area, provided: fishing (TALFF), if any, for butterfish; (a) The vessel operator has a letter of and (3) IOY, DAH, DAP, joint venture authorization issued by the Regional processing (JVP), if any, and TALFF, if Administrator on board the vessel; any, for mackerel. The Monitoring
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Committee may also recommend that jected amounts of mackerel necessary certain ratios of TALFF, if any, for for domestic processing and for joint mackerel to purchases of domestic har- ventures during the fishing year, pro- vested fish and/or domestic processed jected recreational landings, and other fish be established in relation to the data pertinent for such a projection. initial annual amounts. The JVP component of DAH is the por- (b) Guidelines. As the basis for its rec- tion of DAH that domestic processors ommendations under paragraph (a) of either cannot or will not use. In addi- this section, the Monitoring Com- tion, IOY is based on the criteria set mittee shall review available data per- forth in the Magnuson Act, specifically taining to: Commercial and rec- section 201(e), and on the following eco- reational landings, discards, current nomic factors: estimates of fishing mortality, stock (A) Total world export potential by status, the most recent estimates of re- mackerel producing countries. cruitment, virtual population analysis (B) Total world import demand by results, levels of noncompliance by mackerel consuming countries. harvesters or individual states, impact (C) U.S. export potential based on ex- of size/mesh regulations, results of a pected U.S. harvests, expected U.S. survey of domestic processors and joint consumption, relative prices, exchange venture operators of estimated mack- rates, and foreign trade barriers. erel processing capacity and intent to (D) Increased/decreased revenues to use that capacity, results of a survey of the United States from foreign fees. fishermen’s trade associations of esti- (E) Increased/decreased revenues to mated mackerel harvesting capacity U.S. harvesters (with/without joint and intent to use that capacity, and ventures). any other relevant information. The (F) Increased/decreased revenues to specifications recommended pursuant U.S. processors and exporters. to paragraph (a) of this section must be (G) Increases/decreases in U.S. har- consistent with the following: vesting productivity due to decreases/ (1) Squid. (i) The ABC for any fishing increases in foreign harvest. year must be either the maximum OY (H) Increases/decreases in U.S. proc- specified in § 648.20, or a lower amount, essing productivity. if stock assessments indicate that the (I) Potential impact of increased/de- potential yield is less than the max- creased TALFF on foreign purchases of imum OY. U.S. products and services and U.S.- (ii) IOY is a modification of ABC caught fish, changes in trade barriers, based on social and economic factors. technology transfer, and other consid- (2) Mackerel. (i) Mackerel ABC must erations. be calculated from the formula ABC = (3) Butterfish. (i) If the Monitoring S ¥ C ¥ T, where C is the estimated Committee’s review indicates that the catch of mackerel in Canadian waters stock cannot support a level of harvest for the upcoming fishing year; S is the equal to the maximum OY, the Moni- mackerel spawning stock size at the toring Committee shall recommend es- beginning of the year for which quotas tablishing an ABC less than the max- are specified; and T, which must be imum OY for the fishing year. This equal to or greater than 900,000 mt level represents the modification of (1,984,050,000 lb), is the spawning stock maximum OY to reflect biological and size that must be maintained in the ecological factors. If the stock is able year following the year for which to support a harvest level equivalent to quotas are specified. the maximum OY, the ABC must be set (ii) IOY is a modification of ABC, at that level. based on social and economic factors, (ii) IOY is a modification of ABC and must be less than or equal to ABC. based on social and economic factors. (iii) IOY is composed of DAH and The IOY is composed of a DAH and by- TALFF. DAH, DAP, and JVP must be catch TALFF that is equal to 0.08 per- projected by reviewing data from cent of the allocated portion of the sources specified in paragraph (a) of mackerel TALFF. this section and other relevant data, (c) Recommended measures. Based on including past domestic landings, pro- the review of the data described in
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paragraph (a) of this section, the Moni- revised specifications must satisfy the toring Committee will recommend to criteria set forth in this section. The the Squid, Mackerel, and Butterfish MAFMC’s recommendations shall be Committee the measures it determines available for inspection at the office of are necessary to assure that the speci- the Regional Administrator during the fications are not exceeded from the fol- public comment period. lowing measures: (2) On or about December 15 of each (1) Commercial quotas. year, the Assistant Administrator will (2) The amount of Loligo and make a final determination concerning butterfish that may be retained, pos- the specifications for each species and sessed and landed by vessels issued the any measures necessary to assure that incidental catch permit specified in the specifications will not be exceeded § 648.4(a)(5). contained in the FEDERAL REGISTER no- (3) Commercial minimum fish sizes. tification. After the Assistant Admin- (4) Commercial trip limits. istrator considers all relevant data and (5) Commercial seasonal quotas/clo- any public comments, notification of sures for Loligo and Illex. the final specifications and any meas- (6) Minimum mesh sizes. ures necessary to assure that the speci- (7) Commercial gear restrictions. fications will not be exceeded and re- (8) Recreational harvest limit. sponses to the public comments will be (9) Recreational minimum fish size. published in the FEDERAL REGISTER. If (10) Recreational possession limits. the final specification amounts differ (11) Recreational season. from those recommended by the (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish Com- MAFMC, the reason(s) for the dif- mittee shall review the recommenda- ference(s) must be clearly stated and tions of the Monitoring Committee. the revised specifications must be con- Based on these recommendations and sistent with the criteria set forth in any public comment received thereon, paragraph (b) of this section. the Squid, Mackerel, and Butterfish (e) Inseason adjustments. The speci- Committee shall recommend to the fications established pursuant to this MAFMC appropriate specifications and section may be adjusted by the Re- any measures necessary to assure that gional Administrator, in consultation the specifications will not be exceeded. with the MAFMC, during the fishing The MAFMC shall review these rec- year by publishing notification in the ommendations and based on the rec- FEDERAL REGISTER stating the reasons ommendations and any public com- for such an action and providing a 30- ment received thereon, the MAFMC day comment public comment period. shall recommend to the Regional Ad- [61 FR 34968, July 3, 1996, as amended at 62 ministrator appropriate specifications FR 8637, Feb. 26, 1997] and any measures necessary to assure that the specifications will not be ex- § 648.22 Closure of the fishery. ceeded. The MAFMC’s recommenda- tions must include supporting docu- (a) General. The Assistant Adminis- mentation, as appropriate, concerning trator shall close the directed mack- the environmental, economic, and so- erel fishery in the EEZ when U.S. fish- cial impacts of the recommendations. ermen have harvested 80 percent of the The Regional Administrator shall re- DAH of that fishery if such closure is view the recommendations, and on or necessary to prevent the DAH from about November 1 of each year, shall being exceeded. The closure shall re- publish notification in the FEDERAL main in effect for the remainder of the REGISTER proposing specifications and fishing year, with incidental catches any measures necessary to assure that allowed as specified in paragraph (c) of the specifications will not be exceeded this section, until the entire DAH is at- and providing a 30-day public comment tained. When the Regional Adminis- period. If the proposed specifications trator projects that DAH will be at- differ from those recommended by the tained for mackerel, the Assistant Ad- MAFMC, the reasons for any dif- ministrator shall close the mackerel ferences shall be clearly stated and the fishery in the EEZ, and the incidental
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catches specified for mackerel in para- Point N. Lat. W. Long. graph (c) of this section will be prohib- M1 ...... 43°58.0′ 67°22.0′ ited. The Assistant Administrator shall M2 ...... 43°50.0′ 68°35.0′ close the directed fishery in the EEZ M3 ...... 43°30.0′ 69°40.0′ for Loligo, Illex, or butterfish when 95 M4 ...... 43°20.0′ 70°00.0′ M5 ...... 42°45.0′ 70°10.0′ percent of DAH has been harvested. M6 ...... 42°13.0′ 69°55.0′ The closure of the directed fishery M7 ...... 41°00.0′ 69°00.0′ shall be in effect for the remainder of M8 ...... 41°45.0′ 68°15.0′ M9 ...... 42°10.0′ 67°10.0′ the fishing year with incidental M10 ...... 41°18.6′ 66°24.8′ catches allowed as specified in para- M11 ...... 40°55.5′ 66°38.0′ graph (c) of this section. M12 ...... 40°45.5′ 68°00.0′ M13 ...... 40°37.0′ 68°00.0′ (b) Notification. Upon determining M14 ...... 40°30.0′ 69°00.0′ that a closure is necessary, the Assist- M15 ...... 40°22.7′ 69°00.0′ ant Administrator will notify, in ad- M16 ...... 40°18.7′ 69°40.0′ M17 ...... 40°21.0′ 71°03.0′ vance of the closure, the Executive Di- M18 ...... 39°41.0′ 72°32.0′ rectors of the MAFMC, NEFMC, and M19 ...... 38°47.0′ 73°11.0′ SAFMC; mail notification of the clo- M20 ...... 38°04.0′ 74°06.0′ sure to all holders of mackerel, squid, M21 ...... 37°08.0′ 74°46.0′ M22 ...... 36°00.0′ 74°52.0′ and butterfish fishery permits at least M23 ...... 35°45.0′ 74°53.0′ 72 hours before the effective date of the M24 ...... 35°28.0′ 74°52.0′ closure; provide adequate notice of the closure to recreational participants in Vessels fishing under this exemption the fishery; and publish notification of may not have available for immediate closure in the FEDERAL REGISTER. use, as defined in paragraph (b) of this (c) Incidental catches. During the clo- section, any net, or any piece of net, sure of the directed fishery for mack- with a mesh size less than 17⁄8 inches (48 erel, the trip limit for mackerel is 10 mm) diamond mesh or any net, or any percent by weight of the total amount piece of net, with mesh that is rigged of fish on board. During a period of clo- in a manner that is inconsistent with sure of the directed fishery for Loligo, such minimum mesh size, when the Illex, or butterfish, the trip limit for vessel is landward of the specified co- Loligo and butterfish is 2,500 lb (1.13 mt) ordinates. each, and the trip limit for Illex is 5,000 (b) Definition of ‘‘not available for im- lb (2.27 mt). mediate use.’’ A net that can be shown not to have been in recent use and that [61 FR 34968, July 3, 1996, as amended at 62 is stowed in conformance with one of FR 8637, Feb. 26, 1997] the following methods is considered to be not available for immediate use: § 648.23 Gear restrictions. (1) Below deck stowage. (i) It is stored (a) Mesh restrictions and exemptions. below the main working deck from Owners or operators of otter trawl ves- which it is deployed and retrieved; sels possessing Loligo harvested in or (ii) The towing wires, including the from the EEZ may only fish with nets leg wires, are detached from the net; having a minimum mesh size of 17⁄8 and inches (48 mm) diamond mesh, inside (iii) It is fan-folded (flaked) and stretch measure, applied throughout bound around its circumference. the codend for at least 150 continuous (2) On-deck stowage. (i) It is fan-folded meshes forward of the terminus of the (flaked) and bound around its circum- net, or for codends with less than 150 ference; meshes, the minimum mesh size (ii) It is securely fastened to the deck codend shall be a minimum of one- or rail of the vessel; and third of the net measured from the ter- (iii) The towing wires, including the minus of the codend to the head rope, leg wires, are detached from the net. unless they are fishing during the (3) On-reel stowage. (i) It is on a reel months of June, July, August, and Sep- and its entire surface is covered with tember for Illex seaward of the fol- canvas or other similar material that lowing coordinates (copies of a map de- is securely bound; picting this area are available from the (ii) The towing wires are detached Regional Administrator upon request): from the net; and
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(iii) The codend is removed and to be considered part of the top of the stored below deck. regulated portion of a trawl net. (4) On-reel stowage for vessels [61 FR 34968, July 3, 1996, as amended at 62 transiting the GOM Rolling Closure FR 14648, Mar. 27, 1997; 63 FR 1774, Jan. 12, Areas. (i) The net is on a reel, and its 1998; 64 FR 24073, May 5, 1999] entire surface is covered with canvas or other similar material that is securely bound; Subpart C—Management (ii) The towing wires are detached Measures for Atlantic Salmon from the doors; and § 648.40 Prohibition on possession. (iii) No containment rope, codend tripping device, or other mechanism to (a) Incidental catch. All Atlantic close off the codend is attached to the salmon caught incidental to a directed codend. fishery for other species in the EEZ (5) Other methods of stowage. Any must be released in such a manner as other method of stowage authorized in to insure maximum probability of sur- writing by the Regional Administrator vival. and subsequently published in the FED- (b) Presumption. The possession of At- ERAL REGISTER. lantic salmon is prima facie evidence (c) Mesh obstruction or constriction. that such Atlantic salmon were taken The owner or operator of a fishing ves- in violation of this regulation. Evi- sel shall not use any combination of dence that such fish were harvested in mesh or liners that effectively de- state waters, or from foreign waters, or creases the mesh size below the min- from aquaculture enterprises, will be imum mesh size, except that a liner sufficient to rebut the presumption. may be used to close the opening cre- This presumption does not apply to ated by the rings in the rearmost por- fish being sorted on deck. tion of the net, provided the liner ex- tends no more than 10 meshes forward § 648.41 Framework specifications. of the rearmost portion of the net. (a) Within season management action. (d) Net obstruction or constriction. The The New England Fishery Management owner or operator of a fishing vessel Council (NEFMC) may, at any time, shall not use any device, gear, or mate- initiate action to implement, add to or rial, including, but not limited to, nets, adjust Atlantic salmon management net strengtheners, ropes, lines, or chaf- measures to allow for Atlantic salmon ing gear, on the top of the regulated aquaculture projects in the EEZ, pro- portion of a trawl net that results in an vided such an action is consistent with effective mesh opening of less than 17⁄8 the goals and objectives of the Atlantic inches (48 mm) diamond mesh, inside Salmon FMP. stretch measure. Net strengtheners (b) Framework process. After initi- (covers), splitting straps and/or bull ation of an action to implement, add to ropes or wire may be used, provided or adjust an Atlantic salmon manage- they do not constrict the top of the ment measure to allow for an Atlantic regulated portion of the net to less salmon aquaculture project in the EEZ, than an effective mesh opening of 17⁄8 the NEFMC shall develop and analyze inches (48 mm), diamond mesh, inside Atlantic salmon management meas- stretch measure. Net strengtheners ures to allow for Atlantic salmon aqua- (covers) may not have an effective culture projects in the EEZ over the mesh opening of less than 4.5 inches span of at least two NEFMC meetings. (11.43 cm), diamond mesh, inside The NEFMC shall provide the public stretch measure. ‘‘Top of the regulated with advance notice of the availability portion of the net’’ means the 50 per- of both the proposals and the analysis cent of the entire regulated portion of and opportunity to comment on them the net that (in a hypothetical situa- prior to and at the second NEFMC tion) would not be in contact with the meeting. The NEFMC’s recommenda- ocean bottom during a tow if the regu- tion on aquaculture management lated portion of the net were laid flat measures must come from one or more on the ocean floor. For the purpose of of the following categories: minimum this paragraph (d), head ropes are not fish sizes, gear restrictions, minimum
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mesh sizes, possession limits, tagging the recommended management meas- requirements, monitoring require- ures should be published first as a pro- ments, reporting requirements, permit posed rule, the measures will be pub- restrictions, area closures, establish- lished as a proposed rule in the FED- ment of special management areas or ERAL REGISTER. After additional public zones and any other management comment, if NMFS concurs with the measures currently included in the NEFMC recommendation, the measures FMP. will be issued as a final rule in the FED- (c) NEFMC recommendation. After de- ERAL REGISTER. veloping Atlantic salmon management (3) NMFS does not concur, the measures and receiving public testi- NEFMC will be notified in writing of mony, the NEFMC shall make a rec- the reasons for the non-concurrence. ommendation to NMFS. The NEFMC’s (e) Emergency action. Nothing in this recommendation must include sup- section is meant to derogate from the porting rationale and, if management authority of the Secretary to take measures are recommended, an anal- emergency action under section 305(e) ysis of impacts and a recommendation of the Magnuson-Stevens Act. to NMFS on whether to issue the man- [64 FR 40520, July 27, 1999] agement measures as a final rule. If NMFS concurs with the NEFMC’s rec- ommendation to issue the management Subpart D—Management Meas- measures as a final rule, the NEFMC ures for the Atlantic Sea Scal- must consider at least the following lop Fishery factors and provide support and anal- ysis for each factor considered: § 648.50 Shell-height standard. (1) Whether the availability of data (a) Minimum shell height. The min- on which the recommended manage- imum shell height for in-shell scallops ment measures are based allows for that may be landed, or possessed at or adequate time to publish a proposed after landing, is 3.5 inches (89 mm). rule, and whether regulations have to Shell height is a straight line measure- be in place for an entire harvest/fishing ment from the hinge to the outermost season. part of the shell, that is, the edge far- (2) Whether there has been adequate thest away from the hinge. notice and opportunity for participa- (b) Compliance and sampling. Compli- tion by the public and members of the ance with the minimum shell-height affected industry in the development of standard will be determined by inspec- the NEFMC’s recommended manage- tion and enforcement at or after land- ment measures. ing, including the time when the scal- (3) Whether there is an immediate lops are received or possessed by a need to protect the resource. dealer or person acting in the capacity (4) Whether there will be a con- of a dealer as follows: An authorized of- tinuing evaluation of measures adopted ficer will take samples of 40 scallops following their implementation as a each, at random, from the total final rule. amount of scallops in possession. The (d) NMFS action. If the NEFMC’s rec- person in possession of the scallops ommendation includes implementation may request that as many as 10 sam- of management measures and, after re- ples (400 scallops) be examined as a viewing the NEFMC’s recommendation sample group. A sample group fails to and supporting information: comply with the standard if more than (1) NMFS concurs with the NEFMC’s 10 percent of all scallops sampled are recommended management measures less than the shell height specified. The and determines that the recommended total amount of scallops in possession measures should be issued as a final will be deemed in violation of this sub- rule based on the factors specified in part and subject to forfeiture, if the paragraph (c)(1) through (4) of this sec- sample group fails to comply with the tion, the measures will be issued as a standard. All scallops will be subject to final rule in the FEDERAL REGISTER. inspection and enforcement, in accord- (2) NMFS concurs with the NEFMC’s ance with these compliance and sam- recommendation and determines that pling procedures, up to and including
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the time when a dealer receives or pos- cent of the net that (in a hypothetical sesses scallops for a commercial pur- situation) would not be in contact with pose. the ocean bottom during a tow if the net were laid flat on the ocean floor. § 648.51 Gear and crew restrictions. For the purpose of this paragraph (a) Trawl vessel gear restrictions. Trawl (a)(3), head ropes shall not be consid- vessels in possession of more than 40 lb ered part of the top of the trawl net. (18.14 kg) of shucked, or 5 bu (176.2 L) of (ii) Mesh obstruction or constriction. A in-shell scallops, trawl vessels fishing fishing vessel may not use any mesh for scallops, and trawl vessels issued a configuration, mesh construction, or limited access scallop permit under other means on or in the top of the net, § 648.4(a)(2), while fishing under or sub- as defined in paragraph (a)(3)(i) of this ject to the DAS allocation program for section, if it obstructs the meshes of scallops and authorized to fish with or the net in any manner. possess on board trawl nets pursuant to (iii) A fishing vessel may not use or § 648.51(f), must comply with the fol- possess a net capable of catching scal- lowing: (1) Maximum sweep. The trawl sweep lops in which the bars entering or of nets in use by or available for imme- exiting the knots twist around each diate use, as specified in paragraph other. (a)(2)(iii) of this section, shall not ex- (b) Dredge vessel gear restrictions. All ceed 144 ft (43.9 m) as measured by the dredge vessels fishing for or in posses- total length of the footrope that is di- sion of more than 40 lb (18.14 kg) of rectly attached to the webbing of the shucked, or 5 bu (176.1 L) of in-shell net. scallops, all trawl vessels fishing for (2) Net requirements—(i) Minimum mesh scallops, and all dredge vessels issued a size. The mesh size for any scallop limited access scallop permit and fish- trawl net in all areas shall not be ing under the DAS program with the smaller than 5.5 inches (13.97 cm). exception of hydraulic clam dredges (ii) Mesh stowage. Same as § 648.23(b). and mahogany quahog dredges in pos- (iii) Measurement of mesh size. Mesh session of 400 lb (181.44 kg), or less, of size is measured by using a wedge- scallops, must comply with the fol- shaped gauge having a taper of 2 cm in lowing restrictions, unless otherwise 8 cm and a thickness of 2.3 mm, in- specified: serted into the meshes under a pressure (1) Maximum dredge width. The com- or pull of 5 kg. The mesh size is the av- bined dredge width in use by or in pos- erage of the measurements of any se- session on board such vessels shall not ries of 20 consecutive meshes for nets exceed 31 ft (9.4 m) measured at the having 75 or more meshes, and 10 con- widest point in the bail of the dredge, secutive meshes for nets having fewer except as provided under paragraph (e) than 75 meshes. The mesh in the regu- of this section. However, component lated portion of the net will be meas- parts may be on board the vessel such ured at least five meshes away from the lacings running parallel to the long that they do not conform with the defi- axis of the net. nition of ‘‘dredge or dredge gear’’ in (3) Chafing gear and other gear obstruc- § 648.2, i.e., the metal ring bag and the tions—(i) Net obstruction or constriction. mouth frame, or bail, of the dredge are A fishing vessel may not use any device not attached, and such that no more or material, including, but not limited than one complete spare dredge could to, nets, net strengtheners, ropes, be made from these components parts. lines, or chafing gear, on the top of a (2) Minimum mesh size. (i) From June trawl net, except that one splitting 15, 1999, through December 15, 1999, for strap and one bull rope (if present), vessels fishing under a scallop DAS, consisting of line and rope no more unless otherwise restricted under than 3 inches (7.62 cm) in diameter, § 648.58, and from June 15, 1999, and be- may be used if such splitting strap and/ yond, for all vessels not fishing under or bull rope does not constrict in any the scallop DAS program, the mesh manner the top of the trawl net. ‘‘The size of a net, net material, or any other top of the trawl net’’ means the 50 per- material on the top of a scallop dredge
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in use by or in possession of such ves- scallops that would have passed sels shall not be smaller than 5.5 inches through a legal sized and configured (13.97 cm) square or diamond mesh. net and dredge, as described in this (ii) Starting December 16, 1999, unless part, that did not have in use any such otherwise restricted under § 648.58, the material, device, net, dredge, ring link mesh size of a net, net material, or any configuration or design. other material on the top of a scallop (iv) Twine top restrictions. Vessels dredge possessed or used by vessels issued limited access scallop permits fishing under a scallop DAS shall not that are fishing for scallops under the be smaller than 8–inch (20.32–cm) square or diamond mesh. DAS Program are also subject to the (iii) Mesh size is measured as pro- following restrictions: vided in paragraph (a)(2)(iii) of this sec- (A) If a vessel is rigged with more tion. than one dredge, or if rigged with only (3) Minimum ring size. (i) The inside one dredge, such dredge is greater than ring size of a scallop dredge in use by 8 ft (2.44 m) in width, there must be at or in possession of such vessels shall least seven rows of non-overlapping not be smaller than 3.5 inches (89 mm). steel rings unobstructed by netting or (ii) Ring size is determined by meas- any other material, between the ter- uring the shortest straight line passing minus of the dredge (club stick) and through the center of the ring from one the net material on the top of the inside edge to the opposite inside edge dredge (twine top). of the ring. The measurement shall not (B) For vessels rigged with only one include normal welds from ring manu- dredge, and such dredge is less than 8 ft facturing or links. The rings to be (2.44 m) in width, there must be at measured will be at least five rings least four rows of non-overlapping steel away from the mouth, and at least two rings away from other rigid portions of rings unobstructed by netting or any the dredge. other material between the club stick (4) Chafing gear and other gear obstruc- and the twine top of the dredge. (A tions—(i) Chafing gear restrictions. No copy of a diagram showing a schematic chafing gear or cookies shall be used on of a legal dredge with twine top is the top of a scallop dredge. available from the Regional Adminis- (ii) Link restrictions. No more than trator upon request). double links between rings shall be (c) Crew restrictions. Limited access used in or on all parts of the dredge vessels participating in or subject to bag, except the dredge bottom. No the scallop DAS allocation program more than triple linking shall be used may have no more than seven people in or on the dredge bottom portion and aboard, including the operator, when the diamonds. Damaged links that are not docked or moored in port, unless connected to only one ring, i.e., ‘‘hang- participating in the small dredge pro- ers,’’ are allowed, unless they occur be- gram specified in paragraph (e) of this tween two links that both couple the section, or otherwise authorized by the same two rings. Dredge rings may not Regional Administrator. be attached via links to more than four adjacent rings. Thus, dredge rings must (d) Sorting and shucking machines. (1) be rigged in a configuration such that, Shucking machines are prohibited on when a series of adjacent rings are held all limited access vessels fishing under horizontally, the neighboring rings the scallop DAS program or any vessel form a pattern of horizontal rows and in possession of more than 400 lb (181.44 vertical columns. (A copy of a diagram kg) of scallops, unless the vessel has showing a schematic of a legal dredge not been issued a limited access scallop ring pattern is available upon request permit and fishes exclusively in state to the Office of the Regional Adminis- waters. trator). (2) Sorting machines are prohibited (iii) Dredge or net obstructions. No ma- on limited access vessels fishing under terial, device, net, dredge, ring, or link the scallop DAS program that shuck configuration or design shall be used if scallops at sea. it results in obstructing the release of
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(e) Small dredge program restrictions. (C) Is a replacement vessel for a ves- Any vessel owner whose vessel is as- sel described in paragraph (f)(2)(i)(A) or signed to either the part-time or occa- (B) of this section. sional category may request, in the ap- (ii) NMFS will contact the owners of plication for the vessel’s annual per- all vessels with limited access scallop mit, to be placed in one category high- permits that have not previously been er. Vessel owners making such request issued a letter of authorization or per- will be placed in the appropriate cat- mit endorsed to fish for scallops with egory for the entire year, if they agree trawl nets as to whether, based on in- to comply with the following restric- formation available to NMFS on July tions, in addition to and notwith- 19, 1996, their vessels are eligible under standing other restrictions of this part, paragraph (f)(2)(i)(B) of this section for when fishing under the DAS program a letter of authorization or permit en- described in § 648.53, or in possession of dorsed to fish for scallops with trawl more than 400 lb (181.44 kg) of shucked, nets. If a vessel owner agrees with or 50 bu (17.62 hl) of in-shell scallops: NMFS’ determination that the vessel is (1) The vessel must fish exclusively eligible under paragraph (f)(2)(i)(B) of with one dredge no more than 10.5 ft this section to fish for scallops with (3.2 m) in width. trawl nets, the owner must, within 30 (2) The vessel may not have more days of receipt of the determination, than one dredge on board or in use. sign and submit to NMFS a declara- (3) The vessel may have no more than tion, provided by NMFS, stating that five people, including the operator, on the vessel has fished for scallops with a board. scallop dredge on no more than 10 trips (f) Restrictions on use of trawl nets—(1) from January 1, 1988, through Decem- Prohibition on use of trawl nets. A vessel ber 31, 1994, and has an engine with no issued a limited access scallop permit greater than 450 horsepower. The fishing for scallops under the scallop signed declaration shall serve as a re- DAS allocation program may not fish buttable presumption that the vessel qualifies for a letter of authorization with, possess on board, or land scallops or permit endorsement to fish for scal- while in possession of, trawl nets un- lops with trawl nets. Any replacement less such vessel has on board a valid vessel must meet the limitations on letter of authorization or permit en- fishing for scallops with scallop dorsed to fish for scallops with trawl dredges that the vessel it is replacing nets. met. The letter of authorization or per- (2) Eligibility to use trawl nets. (i) A mit endorsement must be requested by vessel is eligible for a letter of author- the vessel owner at the time the vessel ization or a permit endorsement to fish owner initially applies for a permit for for scallops with trawl nets if the ves- the replacement vessel. sel: (A) Has not fished for scallops with a [61 FR 34968, July 3, 1996, as amended at 61 scallop dredge after December 31, 1987, FR 38405, July 24, 1996; 62 FR 14648, Mar. 27, and, as of July 19, 1996, has a letter of 1997; 64 FR 31149, June 10, 1999] authorization or permit endorsed to EFFECTIVE DATE NOTE: At 64 FR 31149, June fish for scallops with trawl nets; 10, 1999, § 648.51 was amended by revising (B) Has fished for scallops with a paragraph (b)(2)(ii), effective Dec. 16, 1999. scallop dredge on no more than 10 trips For the convenience of the user, the super- seded text is set forth as follows: from January 1, 1988, through Decem- ber 31, 1994, has an engine horsepower § 648.51 Gear and crew restrictions. no greater than 450, and is eligible for or has been issued a 1996 limited access * * * * * scallop permit (if the vessel does not obtain a letter of authorization or a (b) * * * permit endorsed to fish for scallops (2) * * * with trawl nets for the 1996–97 scallop (ii) Mesh size is measured as provided in fishing year, the vessel shall not be eli- paragraph (a)(2)(iii) of this section. gible under this provision for subse- quent fishing years); or * * * * *
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§ 648.52 Possession limits. § 648.53 DAS allocations. (a) Owners or operators of vessels (a) Assignment to DAS categories. For with a limited access scallop permit each fishing year, each vessel issued a that have declared out of the DAS pro- limited access scallop permit shall be gram as specified in § 648.10, or that assigned to the DAS category (full- have used up their DAS allocations, time, part-time, or occasional) it was and vessels possessing a General scal- assigned to in the proceeding year. lop permit, unless exempted under the Limited access scallop permits will in- state waters exemption program de- dicate which category the vessel is as- scribed under § 648.54, are prohibited signed to. Vessels are prohibited from from possessing or landing per trip fishing for, landing per trip, or pos- more than 400 lb (181.44 kg) of shucked, sessing more than 400 lb (181.44 kg) of or 50 bu (17.62 hl) of in-shell scallops shucked, or 50 bu (17.62 hl) of in-shell with not more than one scallop trip al- lowable in any calendar day. scallops once their allocated number of (b) Owners or operators of vessels DAS, as specified under paragraph (b) without a scallop permit, except ves- of this section, are used up. sels fishing for scallops exclusively in (b) DAS allocations. Each vessel quali- state waters, are prohibited from pos- fying for one of the three categories sessing or landing per trip, more than specified in paragraph (a) of this sec- 40 lb (18.14 kg) of shucked, or 5 bu (176.2 tion shall be allocated, annually, the L) of in-shell scallops. Owners or opera- maximum number of DAS it may par- tors of vessels without a scallop permit ticipate in the limited access scallop are prohibited from selling, bartering, fishery, according to its category. A or trading scallops harvested from Fed- vessel whose owner/operator has de- eral waters. clared it out of the scallop fishery, pur- (c) Owners or operators of vessels suant to the provisions of § 648.10, or with a limited access scallop permit has used up its allocated DAS may that have declared into the Georges leave port without being assessed a Bank Sea Scallop Exemption Program DAS, as long as it does not possess or as described in § 648.58 are prohibited land more than 400 lb (181.44 kg) of from possessing or landing per trip shucked or 50 bu (17.62 hl) of in-shell more than the sea scallop possession scallops and complies with the other limit specified in § 648.58(c)(6). requirements of this part. The annual [61 FR 34968, July 3, 1996, as amended at 62 allocations of DAS for each category of FR 37156, July 11, 1997; 64 FR 31149, June 10, vessel for the fishing years indicated 1999] are as follows:
1999± 2000± 2001± 2002± 2003± 2004± 2005± 2006± 2007± DAS category 2000 2001 2002 2003 2004 2005 2006 2007 2008 2008+
Full-time ...... 120 51 49 46 45 34 35 38 36 60 Part-time ...... 48 20 19 18 18 14 14 15 17 24 Occasional ...... 10 4 4 4 433345
(c) Adjustments in annual DAS alloca- used DAS based on their DAS alloca- tions. Adjustments or changes in an- tion minus total DAS sanctioned. nual DAS allocations, if required to (e) Accrual of DAS. DAS shall accrue meet fishing mortality reduction goals, to the nearest minute. may be made following a reappraisal (f) Good Samaritan credit. Limited ac- and analysis under the framework pro- cess vessels fishing under the DAS pro- visions specified in § 648.55. gram and that spend time at sea assist- (d) End-of-year carry-over. Limited ac- ing in a USCG search and rescue oper- cess vessels with unused DAS on the ation or assisting the USCG in towing last day of February of any year may a disabled vessel, and that can docu- carry over a maximum of 10 DAS into the next year. At no time may more ment the occurrence through the than 10 DAS be carried over. DAS sanc- tioned vessels will be credited with un-
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USCG, will not accrue DAS for the mortality/effort reduction objectives of time documented. the Scallop FMP. [61 FR 34968, July 3, 1996, as amended at 62 (ii) The Regional Administrator shall FR 14648, Mar. 27, 1997; 62 FR 15386, Apr. 1, determine which states have a scallop 1997; 63 FR 11595, Mar. 10, 1998; 64 FR 14839, fishery and which of those states have Mar. 29, 1999] a scallop conservation program that does not jeopardize the fishing mor- § 648.54 State waters exemption. tality/effort reduction objectives of the (a) DAS exemption. Any vessel issued Scallop FMP. a limited access scallop permit is ex- (iii) Maine, New Hampshire, and Mas- empt from the DAS requirements spec- sachusetts have been determined by ified in § 648.53(b) while fishing exclu- the Regional Administrator to have sively landward of the outer boundary scallop fisheries and scallop conserva- of a state’s waters, provided the vessel tion programs that do not jeopardize complies with paragraphs (c) through the fishing mortality/effort reduction (f) of this section. (b) Gear restriction exemption—(1) Lim- objectives of the Scallop FMP. These ited access permits. Any vessel issued a states must immediately notify the Re- limited access scallop permit that is gional Administrator of any changes in exempt from the DAS requirements of their respective scallop conservation § 648.53(b) under paragraph (a) of this program. The Regional Administrator section is also exempt from the gear re- will review these changes and, if a de- strictions specified in § 648.51 (a), (b), termination is made that the state’s (e)(1) and (e)(2) while fishing exclu- conservation program jeopardizes the sively landward of the outer boundary fishing mortality/effort reduction ob- of the waters of a state that has been jectives of the Scallop FMP, or that deemed by the Regional Administrator the state no longer has a scallop fish- under paragraph (b)(3) of this section ery, the Regional Administrator shall to have a scallop fishery and a scallop publish a final rule in the FEDERAL conservation program that does not REGISTER amending this paragraph jeopardize the fishing mortality/effort (b)(3)(iii) to eliminate the exemption reduction objectives of the Scallop for that state. The Regional Adminis- FMP, provided the vessel complies trator may determine that other states with paragraphs (c) through (f) of this have scallop fisheries and scallop con- section. servation programs that do not jeop- (2) General permits. Any vessel issued ardize the fishing mortality/effort re- a general scallop permit is exempt duction objectives of the Scallop FMP. from the gear restrictions specified in In such case, the Regional Adminis- § 648.51 (a), (b), and (e)(1) and (2) while trator shall publish a final rule in the fishing exclusively landward of the FEDERAL REGISTER amending this para- outer boundary of the waters of a state graph (b)(3)(iii) to provide the exemp- that has been determined by the Re- tion for such states. gional Administrator under paragraph (c) Notification requirements. Vessels (b)(3) of this section to have a scallop fishing under the exemptions provided fishery and a scallop conservation pro- by paragraph(s) (a) and/or (b)(1) of this gram that does not jeopardize the fish- section must notify the Regional Ad- ing mortality/effort reduction objec- ministrator in accordance with the tives of the Scallop FMP, provided the provisions of § 648.10(e). vessel complies with paragraphs (c) through (f) of this section. (d) Restriction on fishing in the EEZ. A (3) State eligibility for gear exemption. vessel fishing under a state water’s ex- (i) A state is eligible to have vessels emption may not fish in the EEZ dur- fishing exclusively landward of the ing that time. outer boundary of the waters of that (e) Duration of exemption. An exemp- state exempted from the gear require- tion expires upon a change in the ves- ments specified in § 648.51 (a), (b), and sel’s name or ownership. (e) (1) and (e)(2), if it has a scallop fish- (f) Applicability of other provisions of ery and a scallop conservation program this part. A vessel fishing under the ex- that does not jeopardize the fishing emptions provided by paragraphs (a)
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and/or (b) of this section remains sub- clude a preferred option. The NEFMC ject to all other requirements of this PDT must demonstrate through anal- part. ysis and documentation that the op- (g) Possession restriction exemption. tions it develops are expected to meet Any vessel issued a limited access per- the Scallop FMP goals and objectives. mit that is exempt under paragraph (a) The range of options developed by the of this section from the DAS require- NEFMC PDT may include any of the ments of § 648.53(b), or any vessel issued management measures in the Scallop a general scallop permit is exempt FMP, including, but not limited to the from the possession restrictions speci- categories described in § 648.53(d). fied in § 648.52(a) while fishing exclu- (d) After receiving the PDT findings sively landward of the outer boundary and recommendations, the NEFMC of the waters of a state that has been shall determine whether adjustments determined by the Regional Adminis- to, or additional management meas- trator under paragraph (b)(3) of this ures are necessary to meet the goals section to have a scallop fishery and a and objectives of the Scallop FMP. scallop conservation program that does After considering the PDT’s findings not jeopardize the fishing mortality/ef- and recommendations, or at any other fort reduction objectives of the Scallop time, if the NEFMC determines that FMP, provided the vessel complies adjustments to, or additional manage- with paragraphs (c) through (f) of this ment measures are necessary, it shall section. develop and analyze appropriate man- [61 FR 34968, July 3, 1996, as amended at 62 agement actions over the span of at FR 14649, Mar. 27, 1997; 62 FR 43470, Aug. 14, least two NEFMC meetings. The 1997] NEFMC shall provide the public with advance notice of the availability of § 648.55 Framework specifications. both the proposals and the analyses, (a) Annually, or upon a request from and opportunity to comment on them the NEFMC, the Regional Adminis- prior to and at the second NEFMC trator will provide the NEFMC with in- meeting. The NEFMC’s recommenda- formation on the status of the scallop tion on adjustments or additions to resource. management measures must come (b) Within 60 days of receipt of that from one or more of the following cat- information, the NEFMC PDT shall as- egories: sess the condition of the scallop re- (1) DAS changes. source to determine the adequacy of (2) Shell height. the total allowable DAS reduction (3) Offloading window reinstatement. schedule, described in § 648.53(b), and of (4) Effort monitoring. other management measures to (5) Data reporting. achieve the stock-rebuilding objec- (6) Trip limits. tives. In addition, the PDT shall make (7) Gear restrictions. a determination whether other re- (8) Permitting restrictions. source conservation issues exist that (9) Crew limits. require a management response in (10) Small mesh line. order to meet the goals and objectives (11) Onboard observers. outlined in the Scallop FMP. The PDT (12) Modifications to the overfishing shall report its findings and rec- definition. ommendations to the NEFMC. In its (13) VMS Demarcation Line for DAS report to the NEFMC, the PDT shall monitoring. provide the appropriate rationale and (14) DAS allocations by gear type. economic and biological analysis for (15) Temporary leasing of scallop its recommendation, utilizing the most DAS requiring full public hearings. current catch, effort, and other rel- (16) Scallop size restrictions, except a evant data from the fishery. minimum size or weight of individual (c) Based on this review, the NEFMC scallop meats in the catch. PDT shall recommend total allowable (17) Aquaculture enhancement meas- DAS reduction schedules and develop ures and closures. options necessary to achieve the FMP (18) Closed areas to lessen the goals and objectives, which may in- amount of DAS reductions.
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(19) Closed areas to increase the size (4) Fixed gear marking and setting of scallops caught. practices. (20) Modifications to the opening (5) Gear restrictions for specific areas dates of closed areas. (including time and area closures). (21) Any other management measures (6) Vessel monitoring systems. currently included in the FMP. (7) Restrictions on the maximum (e) The Council may make rec- number of fishing vessels or amount of ommendations to the Regional Admin- gear. istrator to implement measures in ac- (8) Special permitting conditions. cordance with the procedures described (f) The measures shall be evaluated in this subpart to address gear conflict and approved by the relevant commit- as defined under 50 CFR 600.10. In de- tees with oversight authority for the veloping such recommendation, the affected FMPs. If there is disagreement Council shall define gear management between committees, the Council may areas, each not to exceed 2700 mi2 return the proposed framework adjust- (5000.4 km2), and seek industry com- ment to the standing or ad hoc gear ments by referring the matter to its conflict committee for further review standing industry advisory committee and discussion. for gear conflict, or to any ad hoc in- dustry advisory committee that may (g) After developing management ac- be formed. The standing industry advi- tions and receiving public testimony, sory committee or ad hoc committee the NEFMC shall make a recommenda- on gear conflict shall hold public meet- tion to the Regional Administrator. ings seeking comments from affected The NEFMC’s recommendation must fishers and develop findings and rec- include supporting rationale and, if ommendations on addressing the gear management measures are rec- conflict. After receiving the industry ommended, an analysis of impacts and advisory committee findings and rec- a recommendation to the Regional Ad- ommendations, or at any other time, ministrator on whether to publish the the Council shall determine whether it management measures as a final rule. is necessary to adjust or add manage- If the NEFMC recommends that the ment measures to address gear con- management measures should be pub- flicts and which FMPs must be modi- lished as a final rule, the NEFMC must fied to address such conflicts. If the consider at least the following factors Council determines that adjustments and provide support and analysis for or additional measures are necessary, each factor considered: it shall develop and analyze appro- (1) Whether the availability of data priate management actions for the rel- on which the recommended manage- evant FMPs over the span of at least ment measures are based allows for two Council meetings. The Council adequate time to publish a proposed shall provide the public with advance rule, and whether regulations have to notice of the availability of the rec- be in place for an entire harvest/fishing ommendation, the appropriate jus- season. tification and economic and biological (2) Whether there has been adequate analyses, and opportunity to comment notice and opportunity for participa- on them prior to and at the second or tion by the public and members of the final Council meeting before submis- affected industry in the development of sion to the Regional Administrator. the NEFMC’s recommended manage- The Council’s recommendation on ad- ment measures. justments or additions to management (3) Whether there is an immediate measures for gear conflicts must come need to protect the resource or to im- from one or more of the following cat- pose management measures to resolve egories: gear conflicts. (1) Monitoring of a radio channel by (4) Whether there will be a con- fishing vessels. tinuing evaluation of management (2) Fixed gear location reporting and measures adopted following their pro- plotting requirements. mulgation as a final rule. (3) Standards of operation when gear (h) If the NEFMC’s recommendation conflict occurs. includes adjustments or additions to
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management measures, and if, after re- § 648.57 Closed areas. viewing the NEFMC’s recommendation (a) Hudson Canyon South Closed Area. and supporting information: Through March 1, 2001, no vessel may (1) The Regional Administrator con- fish for, possess, or retain sea scallops curs with the NEFMC’s recommended in or from the area known as the Hud- management measures and determines son Canyon South Closed Area (copies that the recommended management of a chart depicting this area are avail- measures may be published as a final able from the Regional Administrator rule based on the factors specified in upon request) unless all gear on board paragraph (d) of this section, the ac- is properly stowed and not available for tion will be published in the FEDERAL immediate use in accordance with the REGISTER as a final rule; or provisions of §§ 648.23(b) and 648.81(e). (2) The Regional Administrator con- Further, vessels not fishing in the scal- curs with the NEFMC’s recommenda- lop DAS program and fishing for spe- tion and determines that the rec- cies other than scallops or not in pos- ommended management measures session of scallops in this area must should be published first as a proposed stow scallop dredge gear in accordance rule, the action will be published as a with the provisions of §§ 648.23(b) and 648.81(e). The Hudson Canyon South proposed rule in the FEDERAL REG- Closed Area is defined by straight lines ISTER. After additional public com- connecting the following points in the ment, if the Regional Administrator order stated: concurs with the NEFMC recommenda- tion, the action will be published as a Point Latitude Longitude EDERAL EGISTER final rule in the F R ; or H1 ...... 39 30′ N. 73 10′ W. (3) The Regional Administrator does H2 ...... 39 30′ N. 72 30′ W. not concur, the NEFMC will be noti- H3 ...... 38 30′ N. 73 30′ W. H4 ...... 38 40′ N. 73 50′ W. fied, in writing, of the reasons for the non-concurrence. (b) Virginia Beach Closed Area. (i) If the Regional Administrator con- Through March 1, 2001, no vessel may curs in the NEFMC’s recommendation, fish for, possess, or retain sea scallops a final rule shall be published in the in or from the area known as the Vir- FEDERAL REGISTER on or about Feb- ginia Beach Closed Area (copies of a ruary 1 of each year. If the NEFMC chart depicting this area are available fails to submit a recommendation to from the Regional Administrator upon the Regional Administrator by Decem- request) unless all gear on board is ber 1 that meets the FMP goals and ob- properly stowed and not available for jectives, the Regional Administrator immediate use in accordance with the may publish as a proposed rule one of provisions of §§ 648.23(b) and 648.81(e). the options reviewed and not rejected Further, vessels not fishing in the scal- by the NEFMC, provided that the op- lop DAS program and fishing for spe- tion meets the FMP objective and is cies other than scallops or not in pos- consistent with other applicable law. session of scallops in this area must stow scallop dredge gear in accordance If, after considering public comment, with the provisions of §§ 648.23(b) and the Regional Administrator decides to 648.81(e). The Virginia Beach Closed approve the option published as a pro- Area is defined by straight lines con- posed rule, the action will be published necting the following points in the as a final rule in the FEDERAL REG- order stated: ISTER. (j) Nothing in this section is meant Point Latitude Longitude to derogate from the authority of the V1 ...... 37 00′ N. 74 55′ W. Secretary to take emergency action V2 ...... 37 00′ N. 74 35′ W. under section 305(e) of the Magnuson V3 ...... 36 25′ N. 74 45′ W. V4 ...... 36 25′ N. 74 55′ W. Act.
[61 FR 34968, July 3, 1996, as amended at 62 EFFECTIVE DATE NOTE: At 64 FR 14840, Mar. FR 1404, Jan. 10, 1997; 64 FR 14839, Mar. 29, 29, 1999, § 648.57 was added, effective Mar. 27, 1999] 1999, through Mar. 1, 2001.
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§ 648.58 Georges Bank Sea Scallop Ex- as specified under paragraph (c)(3)(i) of emption Program. this section, vessels may fish in that (a) Eligibility. (1) During the period portion of the exemption area de- June 15, 1999, through December 31, scribed in paragraph (b) of this section 1999, all scallop vessels issued a limited that lies outside of Closed Area II, as access scallop permit may fish in the described in § 648.81(b), provided the Georges Bank Sea Scallop Exemption vessel complies with all applicable reg- Area, defined in paragraph (b) of this ulations. section, when fishing under a scallop (b) Georges Bank Sea Scallop Exemp- DAS, provided the vessel complies with tion Area. The Georges Bank Sea Scal- the requirements of paragraph (c) of lop Exemption Area (copies of a map this section. depicting the area are available from (2) Except for scallop vessels fishing the Regional Administrator upon re- under a scallop DAS that have not de- quest) is defined by straight lines con- clared a fishing trip into the Georges necting the following points in the Bank Sea Scallop Exemption Program, order stated: GEORGES BANK SEA SCALLOP EXEMPTION AREA
Point N. Lat. W. Long.
DA1 40°24.000′ 67°40.000′ DA2 40°24.000′ 65°43.121′(on U.S./Canada Maritime Boundary) G6 41°30.000′ 66°34.728′(on U.S./Canada Maritime Boundary) G7 41°30.000′ 67°20.000′ DA4 42°12.000′ 67°20.000′ DA5 42°12.000′ 67°40.000′ DA1 40°24.000′ 67°40.000′
(c) Requirements. To fish in the Bank Sea Scallop Exemption Program, Georges Bank Sea Scallop Exemption the vessel owner or operator must de- Area under the Georges Bank Sea Scal- clare into the Program through the lop Exemption Program an eligible ves- VMS, in accordance with instructions sel must comply with the following re- to be provided by the Regional Admin- quirements: istrator prior to leaving port. (1) Season. The vessel may only fish (iii) A vessel selected for observer in the Georges Bank Sea Scallop Ex- coverage must provide notice to NMFS, emption Area under the Georges Bank in accordance with the notification re- Sea Scallop Exemption Program only quirements specified under § 648.11(b), from June 15 through December 31, as to the time and port of departure at 1999, unless otherwise specified by noti- least 5 working days prior to the begin- fication in the FEDERAL REGISTER. ning of any trip on which it declares (2) VMS. The vessel must have in- into the Georges Bank Sea Scallop Ex- stalled on board an operational VMS emption Program. unit that meets the minimum perform- (4) Number of trips. If the vessel is a ance criteria specified in § 648.9(b) or as full or part-time scallop vessel, it must modified in § 648.9(a). not fish more than three trips in the (3) Declaration. (i) The vessel must Georges Bank Sea Scallop Exemption submit a monthly report through the Area during the season described in VMS e-mail messaging system, prior to paragraph (c)(1) of this section, unless the 15th of the month preceding the otherwise specified by notification in month in question, of its intention to the FEDERAL REGISTER. If the vessel is fish in the exemption area, along with an occasional scallop vessel, it must the following information: Vessel name not fish more than one trip in the and permit number, owner and opera- Georges Bank Sea Scallop Exemption tor’s name, owner and operator’s phone Area during the season described in numbers, and number of trips antici- paragraph (c)(1) of this section. pated for the month in question. (5) Area fished. A vessel that has de- (ii) In addition, on the day the vessel clared a trip into the Georges Bank Sea leaves port to fish under the Georges Scallop Exemption Program must not
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fish for, catch, or harvest scallops from ginning at 0000 hours and ending at 2400 outside of the Georges Bank Sea Scal- hours each day, and include the fol- lop Exemption Area and must not lowing information: enter or exit the Exemption Area more (i) Total pounds/kilograms of scallop than once per trip. meats kept; and (6) Possession limits. (i) Unless other- (ii) For each trip that the vessel has wise authorized by the Regional Ad- a NMFS approved observer on board, ministrator as specified in paragraph the total pounds/kilograms of scallop (e) of this section, a vessel declared meats kept and total pounds/kilograms into the Georges Bank Sea Scallop Ex- of yellowtail flounder caught on tows emption Program may possess and land that were observed by a NMFS ap- up to 10,000 lb (4,536.0 kg) of scallop proved observer. meats per trip, with a maximum of 400 (d) Accrual of DAS. A scallop vessel lb (181.4 kg) of the possession limit that has declared a fishing trip into the originating from 50 bu (176.1 L) of in- Georges Bank Sea Scallop Exemption shell scallops. Program of this section shall have a (ii) The vessel may possess and land minimum of 10 DAS deducted from its up to 500 lb (226.8 kg) of regulated DAS allocation, regardless of whether multispecies, unless otherwise re- the actual number of DAS used during stricted under § 648.86(a)(2)(i) or (b), or the trip is less than 10. Trips that ex- the vessel is carrying a NMFS approved ceed 10 DAS will be counted as actual sea sampler or observer on board the time. vessel. A vessel carrying an approved (e) Possession limit increase. The Re- sea sampler or observer may possess all gional Administrator may increase the regulated multispecies caught, pro- sea scallop possession limit specified vided the regulated multispecies in ex- under paragraph (c)(6) of this section cess of 500 lb (226.8–kg) are donated to for a vessel that has declared a fishing charity. A vessel subject to the 500–lb trip into the Georges Bank Sea Scallop (226.8–kg) possession limit must sepa- Exemption Program and on which a rate all regulated multispecies onboard NMFS approved sea sampler or ob- from other species of fish so as to be server is on board the vessel, or on readily available for inspection. which a NMFS approved research (7) Gear restrictions. The vessel must project is being conducted. Notifica- fish with or possess scallop dredge gear tion of this increase of the possession only in accordance with the dredge ves- limit will be provided to the vessel sel restrictions specified under with the observer selection notifica- § 648.51(b), except that the mesh size of tion. The amount of the possession a net, net material, or any other mate- limit increase will be determined by rial on the top of a scallop dredge in the Regional Administrator and the use by or in possession of the vessel vessel owner will be responsible for shall not be smaller than 10.0 inches paying the cost of the observer and/or (25.40 cm) square or diamond mesh. defraying the cost of the research (8) Transiting. When transiting to and project, whichever is applicable, re- from the Georges Bank Sea Scallop Ex- gardless of whether the vessel lands or emption Area, all gear on board must sells sea scallops on that trip. be properly stowed and not available (f) In-season adjustments—(1) Adjust- for immediate use in accordance with ment process for sea scallop possession the provisions of § 648.81(e). limit and number of trips under the (9) Off-loading restrictions. The vessel Georges Bank Sea Scallop Exemption Pro- may not off-load its sea scallop catch gram. On or after October 1, 1999, the at more than one location. Regional Administrator may adjust the (10) Reporting. The owner or operator sea scallop possession limit, and/or al- must submit reports through the VMS, locate one or more additional trips for in accordance with instructions to be full and part-time limited access sea provided by the Regional Adminis- scallop vessels that declared into and trator, for each day fished when de- began a trip under the Georges Bank clared in the Georges Bank Sea Scallop Sea Scallop Exemption Program prior Exemption Program. The reports must to September 1, 1999. Occasional per- be submitted in 24–hour intervals, be- mitted vessels would not be allocated
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an additional trip regardless of wheth- of allocation shall be divided by 32 to er or not they declared or began an ex- determine the appropriate number of empted trip before September 1, 1999. cage tags to be issued or acquired (2) Termination of Georges Bank Sea under § 648.75. Amounts of allocation 0.5 Scallop Exemption Program because of or smaller created by this division yellowtail flounder bycatch/incidental shall be rounded downward to the near- catch. NMFS shall publish notification est whole number and amounts of allo- in the FEDERAL REGISTER that the cation greater than 0.5 created by this Georges Bank Sea Scallop Exemption division shall be rounded upward to the Program is terminated as of the date nearest whole number so that alloca- the Regional Administrator projects tions are specified in whole cages. An that the 387 mt of yellowtail flounder allocation permit is only valid for the will be caught by vessels fishing in the entity for which it is issued. Georges Bank Sea Scallop Exemption (2) The Regional Administrator may, Program described in this section. after publication of a fee notification (g) . Limited access sea Transiting in the FEDERAL REGISTER, charge a per- scallop vessels intending to fish for mit fee before issuance of the permit to scallops under a scallop DAS that have recover administrative expenses. Fail- not declared a trip into the Georges ure to pay the fee will preclude Bank Sea Scallop Exemption Program issuance of the permit. may not enter, fish, or be in the area (b) Transfers—(1) Allocation percent- known as the Georges Bank Sea Scal- age. Subject to the approval of the Re- lop Exemption Area described in para- gional Administrator, part or all of an graph (b) of this section, unless: allocation percentage may be trans- (1) The operator has determined that there is a compelling safety reason; ferred, in amounts equivalent to not and less than 160 bu (8,500 L) (i.e., 5 cages) (2) The vessel’s fishing gear is stowed in the year in which the transfer is in accordance with the requirements of made, to any person eligible to own a § 648.81(e). documented vessel under the terms of 46 U.S.C. 12102(a). Approval of a trans- [64 FR 31149, June 10, 1999] fer by the Regional Administrator and for a new allocation permit reflecting Subpart E—Management Meas- that transfer may be requested by sub- ures for the Atlantic Surf Clam mitting a written application for ap- and Ocean Quahog Fisheries proval of the transfer and for issuance of a new allocation permit to the Re- § 648.70 Annual individual allocations. gional Administrator at least 10 days (a) General. (1) For each fishing year, before the date on which the applicant the Regional Administrator shall de- desires the transfer to be effective, in termine the allocation of surf clams the form of a completed transfer log and ocean quahogs for each vessel supplied by the Regional Adminis- owner issued an allocation for the pre- trator. The transfer is not effective ceding fishing year, by multiplying the until the new holder receives a new or quotas specified for each species by the revised annual allocation permit from Regional Administrator under § 648.71 the Regional Administrator. An appli- by the allocation percentage, specified cation for transfer may not be made for that owner on the allocation permit between October 15 and December 31 of for the preceding fishing year, adjusted each year. to account for any transfer pursuant to (2) Cage tags. Cage tags issued pursu- paragraph (b) of this section. These al- ant to § 648.75 may be transferred in locations shall be made in the form of quantities of not less than 5 tags at an allocation permit specifying for any one time, subject to the restric- each species the allocation percentage tions and procedure specified in para- and the allocation in bushels. Such per- graph (b)(1) of this section; provided mits shall be issued on or before De- that application for such cage tag cember 15, to the registered holders transfers may be made at any time be- who were assigned an allocation by No- fore December 10 of each year and the vember 1. The total number of bushels transfer is effective upon the receipt by
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the transferee of written authorization shall prepare a written report, based on from the Regional Administrator. the latest available stock assessment (3) Review. If the Regional Adminis- report prepared by NMFS, data re- trator determines that the applicant ported by harvesters and processors ac- has been issued a Notice of Permit cording to these regulations, and other Sanction for a violation of the Magnu- relevant data. The report will include son Act that has not been resolved, he/ consideration of: she may decline to approve such trans- (i) Exploitable biomass and spawning fer pending resolution of the matter. biomass relative to OY. (ii) Fishing mortality rates relative § 648.71 Catch quotas. to OY. (a) Surf clams. The amount of surf (iii) Magnitude of incoming recruit- clams that may be caught annually by ment. fishing vessels subject to these regula- (iv) Projected effort and cor- tions will be specified by the Assistant responding catches. Administrator, on or about December 1 (v) Status of areas previously closed of each year, within the range of 1.85 to to surf clams fishing that are to be 3.4 million bu (98.5 to 181 million L). opened during the year and areas likely (1) Establishing quotas. (i) Prior to the to be closed to fishing during the year. beginning of each year, the MAFMC, (vi) Geographical distribution of the following an opportunity for public catch relative to the geographical dis- comment, will recommend to the As- tribution of the resource. sistant Administrator quotas and esti- (3) Public review. Based on the infor- mates of DAH and DAP within the mation presented in the report, and in ranges specified. In selecting the consultation with the MAFMC, the As- quota, the MAFMC shall consider cur- sistant Administrator shall propose an rent stock assessments, catch reports, annual surf clam quota and an annual and other relevant information con- ocean quahog quota and shall publish cerning: them in the FEDERAL REGISTER. Com- (A) Exploitable and spawning bio- ments on the proposed annual quotas mass relative to the OY. may be submitted to the Regional Ad- (B) Fishing mortality rates relative ministrator within 30 days after publi- to the OY. cation. The Assistant Administrator (C) Magnitude of incoming recruit- shall consider all comments, determine ment. the appropriate annual quotas, and (D) Projected effort and cor- publish the annual quotas in the FED- responding catches. ERAL REGISTER on or about December 1 (E) Geographical distribution of the of each year. catch relative to the geographical dis- (b) Ocean quahogs. The amount of tribution of the resource. ocean quahogs that may be caught by (F) Status of areas previously closed fishing vessels subject to these regula- to surf clam fishing that are to be tions shall be specified annually by the opened during the year and areas likely Assistant Administrator, on or about to be closed to fishing during the year. December 1, within the range of 4 to 6 (ii) The quota shall be set at that million bu (213 to 319.4 million L), fol- amount that is most consistent with lowing the same procedures set forth in the objectives of the Atlantic Surf paragraph (a) of this section for surf Clam and Ocean Quahog FMP. The As- clams. sistant Administrator may set quotas at quantities different from the § 648.72 Minimum surf clam size. MAFMC’s recommendations only if he/ (a) Minimum length. The minimum she can demonstrate that the length for surf clams is 4.75 inches MAFMC’s recommendations violate (12.065 cm). the national standards of the Magnu- (b) Determination of compliance. No son Act and the objectives of the At- more than 50 surf clams in any cage lantic Surf Clam and Ocean Quahog may be less than 4.75 inches (12.065 cm) FMP. in length. If more than 50 surf clams in (2) Report. Prior to the beginning of any inspected cage of surf clams are each year, the Regional Administrator less than 4.75 inches (12.065 cm) in
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length, all cages landed by the same state territorial waters of New Jersey vessel from the same trip are deemed at 40°14′00″ N. lat., 73°55′42″ W. long. to be in violation of the minimum size (3) 106 Dumpsite. The toxic industrial restriction. site known as the ‘‘106 Dumpsite″ and (c) Suspension. Upon the rec- located between 38°40′00″ and 39°00′00″ N. ommendation of the MAFMC, the Re- lat., and between 72°00′00″ and 72°30′00″ gional Administrator may suspend an- W. long. nually, by publication in the FEDERAL (b) Areas closed because of small surf REGISTER, the minimum shell-height clams. Areas may be closed because standard, unless discard, catch, and they contain small surf clams. survey data indicate that 30 percent of (1) Closure. The Assistant Adminis- the surf clams are smaller than 4.75 trator may close an area to surf clams inches (12.065 cm) and the overall re- and ocean quahog fishing if he/she de- duced shell height is not attributable termines, based on logbook entries, to beds where the growth of individual processors’ reports, survey cruises, or surf clams has been reduced because of other information, that the area con- density dependent factors. tains surf clams of which: (d) Measurement. Length is measured (i) Sixty percent or more are smaller at the longest dimension of the surf than the minimum size (4.5 inches clam shell. (11.43 cm)); and (ii) Not more than 15 percent are § 648.73 Closed areas. larger than 5.5 inches (13.97 cm) in size. (a) Areas closed because of environ- (2) Reopening. The Assistant Adminis- mental degradation. Certain areas are trator may reopen areas or parts of closed to all surf clam and ocean qua- areas closed under paragraph (b)(1) of hog fishing because of adverse environ- this section if he/she determines, based mental conditions. These areas will re- on survey cruises or other information, main closed until the Assistant Admin- that: istrator determines that the adverse (i) The average length of the domi- environmental conditions no longer nant (in terms of weight) size class in exist. If additional areas are identified the area to be reopened is equal to or by the Assistant Administrator as greater than 4.75 inches (12.065 cm); or being contaminated by the introduc- (ii) The yield or rate of growth of the tion or presence of hazardous materials dominant shell-height class in the area or pollutants, they may be closed by to be reopened would be significantly the Assistant Administrator in accord- enhanced through selective, controlled, ance with paragraph (c) of this section. or limited harvest of surf clams in the The areas closed are: area. (1) Boston Foul Ground. The waste dis- (c) Procedure. (1) The Regional Ad- posal site known as the ‘‘Boston Foul ministrator may hold a public hearing Ground’’ and located at 42°2′36″ N. lat., on the proposed closure or reopening of 70°35′00″ W. long., with a radius of 1 nm any area under paragraph (a) or (b) of in every direction from that point. this section. The Assistant Adminis- (2) New York Bight. The polluted area trator shall publish notification in the and waste disposal site known as the FEDERAL REGISTER of any proposed ‘‘New York Bight’’ and located at area closure or reopening, including 40°25′04″ N. lat., 73°42′38″ W. long., and any restrictions on harvest in a re- with a radius of 6 nm in every direction opened area. Comments on the pro- from that point, extending further posed closure or reopening may be sub- northwestward, westward and south- mitted to the Regional Administrator westward between a line from a point within 30 days after publication. The on the arc at 40°31′00″ N. lat., 73°43′38″ Assistant Administrator shall consider W. long., directly northward toward all comments and publish the final no- Atlantic Beach Light in New York to tification of closure or reopening, and the limit of the state territorial waters any restrictions on harvest, in the FED- of New York; and a line from the point ERAL REGISTER. Any adjustment to on the arc at 40°19′48″ N. lat., 73°45′42″ harvest restrictions in a reopened area W. long., to a point at the limit of the shall be made by notification in the
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FEDERAL REGISTER. The Regional Ad- at sea. The application shall specify: ministrator shall send notice of any ac- Name and address of the applicant, per- tion under this paragraph (c)(1) to each mit number of the vessel, method of surf clam and ocean quahog processor calculating the amount of surf clams and to each surf clam and ocean qua- or ocean quahogs harvested in the hog permit holder. shell, vessel dimensions and accom- (2) If the Regional Administrator de- modations, and length of fishing trip. termines, as the result of testing by (3) The Regional Administrator shall state, Federal, or private entities, that provide an observer to any vessel a closure of an area under paragraph owner whose application is approved. (a) of this section is necessary to pre- The owner shall pay all reasonable ex- vent any adverse effects fishing may penses of carrying the observer on have on the public health, he/she may board the vessel. close the area for 60 days by publica- (4) Any observer shall certify at the tion of notification in the FEDERAL end of each trip the amount of surf REGISTER, without prior comment or clams or ocean quahogs harvested in public hearing. If an extension of the the shell by the vessel. Such certifi- 60-day closure period is necessary to cation shall be made by the observer’s protect the public health, the hearing signature on the daily fishing log re- and notice requirements of paragraph quired by § 648.7. (c)(1) of this section shall be followed. (b) Conversion factor. (1) Based on the (d) Areas closed due to the presence of recommendation of the MAFMC, the paralytic shellfish poisoning toxin—(1) Regional Administrator may allow Maine mahogany quahog zone. The shucking at sea of surf clams or ocean Maine mahogany quahog zone is closed quahogs, with or without an observer, to fishing for ocean quahogs except in if he/she determines a conversion fac- those areas of the zone that are tested tor for shucked meats to calculate ac- by the State of Maine and deemed to be curately the amount of surf clams or within the requirements of the Na- ocean quahogs harvested in the shell. tional Shellfish Sanitation Program (2) The Regional Administrator shall and adopted by the Interstate Shellfish publish notification in the FEDERAL Sanitation Conference as acceptable REGISTER specifying a conversion fac- limits for the toxin responsible for par- tor together with the data used in its alytic shellfish poisoning. Harvesting calculation for a 30-day comment pe- is allowed in such areas during the pe- riod. After consideration of the public riods specified by the Maine Depart- comments and any other relevant data, ment of Marine Resources during the Regional Administrator may pub- which quahogs are safe for human con- lish final notification in the FEDERAL sumption. For information regarding REGISTER specifying the conversion these areas contact the State of Maine factor. Division of Marine Resources at (207– (3) If the Regional Administrator 624–6550). makes the determination specified in (2) [Reserved] paragraph (b)(1) of this section, he/she [61 FR 34968, July 3, 1996, as amended at 62 may authorize the vessel owner to FR 14649, Mar. 27, 1997; 62 FR 37156, July 11, shuck surf clams or ocean quahogs at 1997; 63 FR 27485, May 19, 1998] sea. Such authorization shall be in writing and be carried aboard the ves- § 648.74 Shucking at sea. sel. (a) Observers. (1) The Regional Ad- ministrator may allow the shucking of § 648.75 Cage identification. surf clams or ocean quahogs at sea if Except as provided in § 648.76, the fol- he/she determines that an observer car- lowing cage identification require- ried aboard the vessel can measure ac- ments apply to all vessels issued a Fed- curately the total amount of surf eral fishing permit for surf clams and clams and ocean quahogs harvested in ocean quahogs: the shell prior to shucking. (a) Tagging. Before offloading, all (2) Any vessel owner may apply in cages that contain surf clams or ocean writing to the Regional Administrator quahogs must be tagged with tags ac- to shuck surf clams or ocean quahogs quired annually under paragraph (b) of
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this section. A tag must be fixed on or tags, issued and still valid pursuant to as near as possible to the upper cross- this section, affixed thereto are deemed bar of the cage for every 60 ft 3 (1,700 L), to have been harvested by the indi- or portion thereof, of the cage. A tag or vidual allocation holder to whom the tags must not be removed until the tags were issued under § 648.75(b) or cage is emptied by the processor, at transferred under § 648.70(b). which time the processor must prompt- [61 FR 34968, July 3, 1996, as amended at 63 ly remove and retain the tag(s) for col- FR 27485, May 19, 1998] lection or disposal as specified by the Regional Administrator. § 648.76 Maine mahogany quahog zone. (b) Issuance. The Regional Adminis- (a) Landing requirements. (1) A vessel trator will issue a supply of tags to issued a valid Maine mahogany quahog each individual vessel owner qualifying permit pursuant to § 648.4(a)(4)(i), and for an allocation under § 648.70 prior to fishing for or possessing ocean quahogs the beginning of each fishing year or within the Maine mahogany quahog he/she may specify, in the FEDERAL zone, must land its catch in the State REGISTER, a vendor from whom the of Maine. tags shall be purchased. The number of (2) A vessel fishing under an indi- tags will be based on the owner’s allo- vidual allocation permit, regardless of cation. Each tag represents 32 bu (1,700 whether it has a Maine mahogany qua- L) of allocation. hog permit, fishing for or possessing (c) Expiration. Tags will expire at the ocean quahogs within the zone, may end of the fishing year for which they land its catch in the State of Maine, or, are issued, or if rendered null and void consistent with applicable state law in in accordance with 15 CFR part 904. any other state that utilizes food safe- (d) Return. Tags that have been ren- ty-based procedures including sampling dered null and void must be returned to and analyzing for PSP toxin consistent the Regional Administrator, if pos- with those food safety-based proce- sible. dures used by the State of Maine for (e) Loss. Loss or theft of tags must be such purpose, and must comply with reported by the owner, numerically all requirements in §§ 648.70 and 648.75. identifying the tags to the Regional Documentation required by the state Administrator by telephone as soon as and other laws and regulations applica- the loss or theft is discovered and in ble to food safety-based procedures writing within 24 hours. Thereafter, must be made available by federally- the reported tags shall no longer be permitted dealers for inspection by valid for use under this part. NMFS . (f) Replacement. Lost or stolen tags (b) Quota monitoring and closures—(1) may be replaced by the Regional Ad- Catch quota. (i) The annual quota for ministrator if proper notice of the loss harvest of mahogany quahogs from is provided by the person to whom the within the Maine mahogany quahog tags were issued. Replacement tags zone is 100,000 Maine bushels (35,150 may be purchased from the Regional hL). The quota may be revised annu- Administrator or a vendor with a writ- ally within the range of 17,000 and ten authorization from the Regional 100,000 Maine bushels (5,975 and 35,150 Administrator. hL) following the procedures set forth (g) Transfer. See § 648.70(b)(2). in § 648.71. (h) Presumptions. Surf clams and (ii) All mahogany quahogs landed for ocean quahogs found in cages without a sale in Maine by vessels issued a Maine valid state tag are deemed to have been mahogany quahog permit and not fish- harvested in the EEZ and to be part of ing for an individual allocation of an individual’s allocation, unless the ocean quahogs under § 648.70 shall be individual demonstrates that he/she applied against the Maine mahogany has surrendered his/her Federal vessel quahog quota, regardless of where the permit issued under § 648.4(a)(4) and mahogany quahogs are harvested. conducted fishing operations exclu- (iii) All mahogany quahogs landed by sively within waters under the jurisdic- vessels fishing in the Maine mahogany tion of any state. Surf clams and ocean quahog zone for an individual alloca- quahogs in cages with a Federal tag or tion of quahogs under § 648.70 will be
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counted against the ocean quahog allo- Subpart F—Management Meas- cation for which the vessel is fishing. ures for the NE Multispecies (iv) The Regional Administrator will Fishery monitor the quota based on dealer re- ports and other available information § 648.80 Regulated mesh areas and re- and shall determine the date when the strictions on gear and methods of quota will be harvested. NMFS shall fishing. publish notification in the FEDERAL Except as provided in § 648.17, all ves- REGISTER advising the public that, ef- sels must comply with the following fective upon a specific date, the Maine minimum mesh size, gear and methods mahogany quahog quota has been har- of fishing requirements, unless other- vested and notifying vessel and dealer wise exempted or prohibited: permit holders that no Maine mahog- (a) Gulf of Maine/Georges Bank (GOM/ any quahog quota is available for the GB) Regulated Mesh Area—(1) Area defi- remainder of the year. nition. The GOM/GB Regulated Mesh (2) Maine Mahogany Quahog Advisory Area (copies of a map depicting the area are available from the Regional Panel. The Council shall establish a Administrator upon request) is that Maine Mahogany Quahog Advisory area: Panel consisting of representatives of (i) Bounded on the east by the U.S.- harvesters, dealers, and the Maine De- Canada maritime boundary, defined by partment of Marine Resources. The Ad- straight lines connecting the following visory Panel shall make recommenda- points in the order stated: tions, through the Surf Clam and Ocean Quahog Committee of the Coun- GULF OF MAINE/GEORGES BANK REGULATED cil, regarding revisions to the annual MESH AREA quota and other management meas- Point N. Lat. W. Long. ures. G1 ...... (1)(1) [63 FR 27485, May 19, 1998] G2 ...... 43°58′ 67°22′ G3 ...... 42°53.1′ 67°44.4′ G4 ...... 42°31′ 67°28.1′ G5 ...... 41°18.6′ 66°24.8′ 1 The intersection of the shoreline and the U.S.-Canada Maritime Boundary. (ii) Bounded on the south by straight lines connecting the following points in the order stated:
Point N. Lat. W. Long. Approximate loran C bearings
G6 ...... 40°55.5′ 66°38′ 5930±Y±30750 and 9960±Y±43500. G7 ...... 40°45.5′ 68°00′ 9960±Y±43500 and 68°00′ W. lat. G8 ...... 40°37′ 68°00′ 9960±Y±43450 and 68°00′ W. lat. G9 ...... 40°30′ 69°00′ NL3 ...... 40°22.7′ 69°00′ NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′ G11 ...... 40°50′ 70°00′ G12 ...... 1 70°00′ 1 Northward to its intersection with the shoreline of mainland Massachusetts.
(2) Gear restrictions. (i) Minimum mesh multispecies DAS program in the GOM/ size. Except as provided in paragraphs GB Regulated Mesh Area is 6-inch (a)(2) (i) and (iii) of this section, and (15.24-cm) diamond mesh or 6.5-inch unless otherwise restricted under para- (16.51 cm) square mesh throughout the graph (a)(2)(ii) of this section, the min- entire net, or any combination thereof, imum mesh size for any trawl net, sink provided the vessel complies with the gillnet, Scottish seine, midwater trawl, requirements of paragraph (a)(2)(iv) of or purse seine on a vessel or used by a this section. This restriction does not vessel fishing under a DAS in the NE apply to nets or pieces of nets smaller
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than 3 ft (0.9 m) × 3 ft (0.9 m), (9 sq ft INSHORE RESTRICTED ROLLER GEAR AREA (0.81 sq m)), or to vessels that have not been issued a multispecies permit and Point N. lat. W. long. that are fishing exclusively in state GM1 ...... 42°00′ (1) ° ′ 2 waters. GM2 ...... 42 00 ( ) GM3 ...... 42°00′ (3) (ii) Large-mesh vessels. When fishing GM23 ...... 42°00′ 69°50′ in the GOM/GB regulated mesh area, GM24 ...... 43°00′ 69°50′ GM11 ...... 43°00′ 70°00′ the minimum mesh size for any sink GM17 ...... 43°30′ 70°00′ gillnet on a vessel or used by a vessel GM18 ...... 43°30′ (4) fishing under a DAS in the large-mesh 1 Massachusetts shoreline. DAS program specified in § 648.82(b) (6) 2 Cape Cod shoreline on Cape Cod Bay. 3 Cape Cod shoreline on the Atlantic Ocean. and (7) is 7-inch (17.78-cm) diamond 4 Maine shoreline. mesh throughout the entire net. The (3) Small Mesh Northern Shrimp Fish- minimum mesh size for any trawl net ery Exemption Area. Vessels subject to on a vessel or used by a vessel fishing the minimum mesh size restrictions under a DAS in the large-mesh DAS specified in paragraph (a)(2) of this sec- program is 8-inch (20.32-cm) diamond tion may fish for, harvest, possess, or mesh throughout the entire net. This land northern shrimp in the Small restriction does not apply to nets or Mesh Northern Shrimp Fishery Exemp- pieces of nets smaller than 3 ft (0.9 m) tion Area with nets with a mesh size × 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to ves- smaller than the minimum size speci- sels that have not been issued a multi- fied, if the vessel complies with the re- species permit and that are fishing ex- quirements of paragraphs (a)(3) (i) clusively in state waters. through (iii) of this section. The Small (iii) Other restrictions and exemptions. Mesh Northern Shrimp Fishery Exemp- Vessels are prohibited from fishing in tion Area is defined by straight lines the GOM/GB Regulated Mesh Area ex- connecting the following points in the cept if fishing with exempted gear (as order stated (copies of a map depicting defined under this part) or under the the area are available from the Re- exemptions specified in paragraphs gional Administrator upon request): (a)(3), (a)(4), (a)(6), (a)(8) through (13), SMALL MESH NORTHERN SHRIMP FISHERY (d), (e), (h), and (i) of this section, if EXEMPTION AREA fishing under a NE multispecies DAS, if fishing under the small vessel exemp- Point N. Lat. W. Long. tion specified in § 648.82((b)(3), if fishing SM1 ...... 41°35′ 70°00′ under the scallop state waters exemp- SM2 ...... 41°35′ 69°40′ tions specified in § 648.54 and (a)(10) of SM3 ...... 42°49.5′ 69°40′ SM4 ...... 43°12′ 69°00′ this section, or if fishing pursuant to a SM5 ...... 43°41′ 68°00′ NE multispecies open access Charter/ G2 ...... 43°58′ 67°22′; (the U.S.-Canada maritime Boundary). Party or Handgear permit. Any gear on G1 ...... (1)(1) a vessel, or used by a vessel, in this 1 Northward along the irregular U.S.-Canada maritime area must be authorized under one of boundary to the shoreline. these exemptions or must be stowed as (i) Restrictions on fishing for, pos- specified in § 648.81(e). sessing, or landing fish other than shrimp. (iv) Rockhopper and roller gear restric- A vessel fishing in the northern shrimp tions. For all trawl vessels fishing in fishery described in this section under the GOM/GB Inshore Restricted Roller this exemption may not fish for, pos- Gear Area, the diameter of any part of sess on board, or land any species of the trawl footrope, including discs, fish other than shrimp, except for the rollers, or rockhoppers must not exceed following, with the restrictions noted, 12 inches (30.48 cm). The GOM/GB as allowable bycatch species: Longhorn Inshore Restricted Roller Gear Area is sculpin; silver hake—up to an amount defined by straight lines connecting equal to the total weight of shrimp the following points in the order stat- landed; and American lobster—up to 10 ed: percent, by weight, of all other species
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on board, or 200 lobsters (whichever is CULTIVATOR SHOAL WHITING FISHERY less). EXEMPTION AREA (ii) Requirement to use a finfish ex- cluder device (FED). A vessel must have Point N. Lat. W. Long. a rigid or semi-rigid grate consisting of C1 ...... 42°10′ 68°10′ parallel bars of not more than 1-inch C2 ...... 41°30′ 68°41′ CI4 ...... 41°30′ 68°30′ (2.54-cm) spacing that excludes all fish C3 ...... 41°12.8′ 68°30′ and other objects, except those that C4 ...... 41°05′ 68°20′ are small enough to pass between its C5 ...... 41°55′ 67°40′ ° ′ ° ′ bars into the codend of the trawl, se- C1 ...... 42 10 68 10 cured in the trawl, forward of the (i) Requirements. (A) A vessel fishing codend, in such a manner that it pre- in the Cultivator Shoal Whiting Fish- cludes the passage of fish or other ob- ery Exemption Area under this exemp- jects into the codend without the fish tion must have a letter of authoriza- or objects having to first pass between tion issued by the Regional Adminis- the bars of the grate, in any net with trator on board and may not fish for, mesh smaller than the minimum size possess on board, or land any species of specified in paragraph (a)(2) of this sec- fish other than whiting, except for the tion. The net must have a outlet or following, with the restrictions noted, hole to allow fish or other objects that as allowable incidental species: Her- are too large to pass between the bars ring; longhorn sculpin; squid; of the grate to exit out of the net. The butterfish; mackerel; monkfish and aftermost edge of this outlet or hole monkfish parts, dogfish, and red hake— must be at least as wide as the grate at up to 10 percent each, by weight, of all the point of attachment. The outlet or other species on board; and American hole must extend forward from the lobster—up to 10 percent by weight of grate toward the mouth of the net. A all other species on board or 200 lob- funnel of net material is allowed in the sters, whichever is less. lengthening piece of the net forward of (B) All nets must comply with a min- the grate to direct catch towards the imum mesh size of 3-inch (7.62 cm) grate. (Copies of a schematic example square or diamond mesh applied to the of a properly configured and installed first 160 meshes counted from the ter- FED are available from the Regional minus of the net. Administrator upon request.) (C) Fishing is confined to a season of (iii) Time restrictions. A vessel may June 15 through October 31, unless oth- only fish under this exemption during erwise specified by notification in the the northern shrimp season, as estab- FEDERAL REGISTER. lished by the Commission and an- (D) When transiting through the GOM/GB Regulated Mesh Area speci- nounced in the Commission’s letter to fied under paragraph (a)(1) of this sec- participants. tion, any nets with a mesh size smaller (4) Cultivator Shoal Whiting Fishery than the minimum mesh size specified Exemption Area. Vessels subject to the in paragraph (a)(2) of this section must minimum mesh size restrictions speci- be stowed in accordance with one of fied in paragraph (a)(2) of this section the methods specified in § 648.23(b). may fish with, use, or possess nets in (ii) Sea sampling. The Regional Ad- the Cultivator Shoal Whiting Fishery ministrator shall conduct periodic sea Exemption Area with a mesh size sampling to determine if there is a smaller than the minimum size speci- need to change the area or season des- fied, if the vessel complies with the re- ignation, and to evaluate the bycatch quirements specified in paragraph of regulated species, especially had- (a)(4)(i) of this section. The Cultivator dock. Shoal Whiting Fishery Exemption Area (iii) Annual review. The NEFMC shall (copies of a map depicting the area are conduct an annual review of data to de- available from the Regional Adminis- termine if there are any changes in trator upon request) is defined by area or season designation necessary, straight lines connecting the following and to make appropriate recommenda- points in the order stated: tions to the Regional Administrator
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following the procedures specified in ficient data or information to ascertain § 648.90 of this part. the amount of regulated species by- (5) [Reserved] catch, if the Regional Administrator, (6) Transiting. (i) Vessels fishing in after consultation with the NEFMC, the Small Mesh Northern Shrimp Fish- determines that the percentage of reg- ery or the Small Mesh Area 1/Small ulated species caught as bycatch is, or Mesh Area 2 fishery, as specified in can be reduced to, less than 5 percent, paragraphs (a)(3) and (a)(8) of this sec- by weight, of total catch and that such tion, may transit through the Small exemption will not jeopardize fishing Mesh Northern Shrimp Fishery Exemp- mortality objectives. In determining tion Area as specified in paragraph whether exempting a fishery may jeop- (a)(3) of this section with nets of mesh ardize meeting fishing mortality objec- size smaller than the minimum mesh tives, the Regional Administrator may size specified in paragraph (a)(2) of this take into consideration factors such as, section, provided that the nets are but not limited to, juvenile mortality. stowed and not available for immediate A fishery can be defined, restricted, or use in accordance with one of the allowed by area, gear, season, or other methods specified in § 648.23(b). (ii) Vessels subject to the minimum means determined to be appropriate to mesh size restrictions specified in para- reduce bycatch of regulated species. An graph (a)(2) of this section may transit existing exemption may be deleted or through the Small Mesh Northern modified if the Regional Administrator Shrimp Fishery Exemption Area de- determines that the catch of regulated fined in paragraph (a)(3) of this section species is equal to or greater than 5 with nets on board with a mesh size percent, by weight, of total catch, or smaller than the minimum size speci- that continuing the exemption may fied, provided that the nets are stowed jeopardize meeting fishing mortality in accordance with one of the methods objectives. Notification of additions, specified in § 648.23(b), and provided the deletions or modifications will be made vessel has no fish on board. through issuance of a rule in the FED- (iii) Vessels subject to the minimum ERAL REGISTER. mesh size restrictions specified in para- (ii) The NEFMC may recommend to graph (a)(2) of this section may transit the Regional Administrator, through through the GOM/GB Regulated Mesh the framework procedure specified in Area defined in paragraph (a)(1) of this § 648.90(b), additions or deletions to ex- section with nets on board with a mesh emptions for fisheries, either existing size smaller than the minimum mesh or proposed, for which there may be in- size specified and with small mesh ex- sufficient data or information for the empted species on board, provided that Regional Administrator to determine, the following conditions are met: without public comment, percentage (A) All nets with a mesh size smaller catch of regulated species. than the minimum mesh size specified (iii) The Regional Administrator in paragraph (a)(2) of this section are may, using the process described in ei- stowed in accordance with one of the ther paragraph (a)(7)(i) or (ii) of this methods specified in § 648.23(b). section, authorize an exemption for a (B) A letter of authorization issued by the Regional Administrator is on white hake fishery by vessels using board. regulated mesh or hook gear. Deter- (C) Vessels do not fish for, possess on mination of the percentage of regu- board, or land any fish, except when lated species caught in such fishery fishing in the areas specified in para- shall not include white hake. graphs (a)(4), (a)(9), (b), and (c) of this (iv) Bycatch in exempted fisheries section. Vessels may retain exempted authorized under this paragraph (a)(7) small mesh species as provided in para- are subject, at minimum, to the fol- graphs (a)(4)(i), (a)(9)(i), (b)(3), and lowing restrictions: (c)(3) of this section. (A) With the exception of fisheries (7) Addition or deletion of exemptions. authorized under paragraph (a)(7)(iii) (i) An exemption may be added in an of this section, a prohibition on the existing fishery for which there are suf- possession of regulated species.
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(B) A limit on the possession of SMALL MESH AREA 1ÐContinued monkfish or monkfish parts of 10 per- cent, by weight, of all other species on Point N. lat. W. long. board. SM10 ...... 42°55′ 70°40′ (C) A limit on the possession of lob- SM11 ...... 42°59′ 70°32′ ° ′ ° ′ sters of 10 percent, by weight, of all SM1 ...... 43 03 70 27 other species on board or 200 lobsters, whichever is less. SMALL MESH AREA 2 (D) A limit on the possession of skate Point N. lat. W. long. or skate parts in the Southern New England regulated mesh area described SM13 ...... 43°05.6′ 69°55.0′ SM14 ...... 43°10.1′ 69°43.3′ in paragraph (b) of this section of 10 SM15 ...... 42°49.5′ 69°40.0′ percent, by weight, of all other species SM16 ...... 42°41.5′ 69°40.0′ on board. SM17 ...... 42°36.6′ 69°55.0′ ° ′ ° ′ (8) Small Mesh Area 1/Small Mesh Area SM13 ...... 43 05.6 69 55.0 2. (i) Unless otherwise prohibited in (ii) Raised footrope trawl. Vessels fish- § 648.81, vessels subject to the minimum ing with trawl gear must configure it mesh size restrictions specified in para- in such a way that, when towed, the graph (a)(2) of this section may fish gear is not in contact with the ocean with or possess nets with a mesh size bottom. Vessels are presumed to be smaller than the minimum size, pro- fishing in such a manner if their trawl vided the vessel complies with the re- gear is designed as specified in para- quirements of paragraph (a)(3)(ii) or graphs (a)(8)(ii) (A) through (D) of this (a)(8)(ii) of this section, from July 15 section and is towed so that it does not through November 15 when fishing in come into contact with the ocean bot- Small Mesh Area 1 and from January 1 tom: through June 30 when fishing in Small (A) Eight inch (20.3 cm) diameter Mesh Area 2. A vessel may not fish for, floats must be attached to the entire possess on board, or land any species of length of the headrope with a max- fish other than: butterfish, dogfish, imum spacing of 4 feet (12.2 cm) be- herring, mackerel, ocean pout, scup, tween floats; squid, silver hake, and red hake, except (B) The ground gear must all be bare for the following allowable incidental wire not larger than 1⁄2-inch (1.2 cm) for species (bycatch as the term is used the top leg, not larger than 5⁄8-inch (1.6 elsewhere in this part), with the re- cm) for the bottom leg, and not larger strictions noted: Longhorn sculpin; than 3⁄4-inch (1.9 cm) for the ground ca- monkfish and monkfish parts—up to 10 bles. The top and bottom legs must be percent, by weight, of all other species equal in length with no extensions. The on board; and American lobster—up to total length of ground cables and legs 10 percent, by weight, of all other spe- must not be greater than 40 fathoms cies on board or 200 lobsters, whichever from the doors to wingends; is less. These areas are defined by (C) The footrope must be at least 20 straight lines connecting the following feet (6.1 m) longer than the length of points in the order stated (copies of a the headrope; and chart depicting these areas are avail- (D) The sweep must be rigged so it is able from the Regional Administrator behind and below the footrope, and the upon request (see Table 1 to § 600.502 of footrope is off the bottom. This is ac- this chapter)): complished by having the sweep longer than the footrope and having long SMALL MESH AREA 1 dropper chains attaching the sweep to Point N. lat. W. long. the footrope at regular intervals. The forward end of the sweep and footrope SM1 ...... 43°03′ 70°27′ must be connected to the bottom leg at SM2 ...... 42°57′ 70°22′ SM3 ...... 42°47′ 70°32′ the same point. This attachment, in SM4 ...... 42°45′ 70°29′ conjunction with the headrope flota- SM5 ...... 42°43′ 70°32′ tion, keeps the footrope off the bottom. SM6 ...... 42°44′ 70°39′ ° ′ ° ′ The sweep and its rigging must be SM7 ...... 42 49 70 43 5 SM8 ...... 42°50′ 70°41′ made entirely of ⁄16 inch (0.8 cm) di- SM9 ...... 42°53′ 70°43′ ameter bare chain. No wrapping or
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cookies are allowed on the chain. The tion must have on board a letter of au- total length of the sweep must be at thorization issued by the Regional Ad- least 7 feet (2.1 m) longer than the ministrator and may not fish for, pos- total length of the footrope, or 3.5 feet sess on board, or land any species of (1.1 m) longer on each side. Drop chains fish other than dogfish, except as pro- must connect the footrope to the sweep vided under paragraph (a)(9)(i)(D) of chain, and the length of each drop this section. chain must be at least 42 inches (106.7 (B) Fishing is confined to June 1 cm). One drop chain must be hung from through October 15. the center of the footrope to the center (C) When transitting the GOM/GB of the sweep, and one drop chain must regulated mesh area, specified under be hung from each corner (the quarter paragraph (a)(1) of this section, any or the junction of the bottom wing to nets with a mesh size smaller than the the belly at the footrope). The attach- minimum mesh size specified in para- ment points of each drop chain on the graph (a)(2) of this section must be sweep and the footrope must be the stowed and unavailable for immediate same distance from the center drop use in accordance with § 648.23(b). chain attachments. Drop chains must (D) The following species may be re- be hung at 8-foot (2.4-m) intervals from tained, with the restrictions noted, as the corners toward the wing ends. The allowable bycatch species in the Nan- distance of the drop chain that is near- tucket Shoals Dogfish Fishery Exemp- est the wing end to the end of the tion Area: Longhorn sculpin; silver footrope may differ from net to net. hake—up to two standard totes; However, the sweep must be at least 3.5 monkfish and monkfish parts—up to 10 feet (1.1 m) longer than the footrope be- percent, by weight, of all other species tween the drop chain closest to the on board; American lobster—up to 10 wing ends and the end of the sweep percent, by weight, of all other species that attaches to the wing end. on board or 200 lobsters, whichever is (9) Nantucket Shoals dogfish fishery ex- less; and skate or skate parts—up to 10 emption area. Vessels subject to the percent, by weight, of all other species minimum mesh size restrictions speci- on board. fied in paragraph (a)(2) of this section (E) A vessel fishing in the Nantucket may fish with, use, or possess nets of Shoals Dogfish Fishery Exemption mesh smaller than the minimum size Area under the exemption must comply specified in the Nantucket Shoals with any additional gear restrictions Dogfish Fishery Exemption Area, if the specified in the letter of authorization vessel complies with the requirements issued by the Regional Administrator. specified in paragraph (a)(9)(i) of this (ii) Sea sampling. The Regional Ad- section. The Nantucket Shoals Dogfish ministrator may conduct periodic sea Fishery Exemption Area (copies of a sampling to determine if there is a map depicting this area are available need to change the area or season des- from the Regional Administrator upon ignation, and to evaluate the bycatch request) is defined by straight lines of regulated species. connecting the following points in the (10) Scallop Dredge Fishery Exemption order stated: within the Gulf of Maine (GOM) Small Mesh Northern Shrimp Fishery Exemption NANTUCKET SHOALS DOGFISH EXEMPTION AREA Area. Unless otherwise prohibited in Point N. Lat. W. Long. § 648.81, vessels with a limited access scallop permit that have declared out NS1 ...... 41°45′ 70°00′ of the DAS program as specified in NS2 ...... 41°45′ 69°20′ NS3 ...... 41°30′ 69°20′ § 648.10, or have used up their DAS allo- Cl1 ...... 41°30′ 69°23′ cations, and vessels issued a general NS5 ...... 41°26.5′ 69°20′ scallop permit, may fish in the GOM NS6 ...... 40°50′ 69°20′ NS7 ...... 40°50′ 70°00′ Small Mesh Northern Shrimp Fishery NS1 ...... 41°45′ 70°00′ Exemption Area when not under a NE multispecies DAS providing the vessel (i) Requirements. (A) A vessel fishing complies with the requirements speci- in the Nantucket Shoals Dogfish Fish- fied in paragraph (a)(10)(i) of this sec- ery Exemption Area under the exemp- tion. The GOM Scallop Dredge Fishery
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Exemption Area is the same as the (i) Requirements. (A) A vessel fishing area defined in paragraph (a)(3) of this under this exemption may not fish for, section and designated as the Small possess on board, or land any species of Mesh Northern Shrimp Fishery Exemp- fish other than monkfish, or lobsters in tion Area. an amount not to exceed 10 percent by (i) Requirements. (A) A vessel fishing weight of the total catch on board, or in the GOM Scallop Dredge Fishery Ex- 200 lobsters (whichever is less). emption Area specified in paragraph (B) All gillnets must have a min- (a)(10) of this section, may not fish for, imum mesh size of 10 inches (25.4 cm) possess on board, or land any species of diamond mesh throughout the net. fish other than Atlantic sea scallops. (C) Fishing is confined to July 1 (B) The combined dredge width in use through September 14. by or in possession on board vessels (ii) [Reserved] fishing in the GOM Scallop Dredge (13) GOM/GB Dogfish Gillnet Exemp- Fishery Exemption Area shall not ex- tion. Unless otherwise prohibited in ceed 10.5 ft (3.2 m) measured at the § 648.81, a vessel may fish with gillnets widest point in the bail of the dredge. in the GOM/GB Dogfish and Monkfish (C) The exemption does not apply to Gillnet Fishery Exemption Area when the Western GOM Area Closure speci- not under a NE multispecies DAS if the fied in § 648.81(i). vessel complies with the requirements (ii) [Reserved] specified in paragraph (a)(13)(i) of this (11) Nantucket Shoals Mussel and Sea section. The area coordinates of the Urchin Dredge Exemption Area. A vessel GOM/GB Dogfish and Monkfish Gillnet may fish with a dredge in the Nan- Fishery Exemption Area are specified tucket Shoals Mussel and Sea Urchin in paragraph (a)(12) of this section. Dredge Exemption Area, provided that (i) Requirements. (A) A vessel fishing any dredge on board the vessel does not under this exemption may not fish for, exceed 8 ft (2.44 m) measured at the possess on board, or land any species of widest point in the bail of the dredge, fish other than dogfish, or lobsters in and the vessel does not fish for, har- an amount not to exceed 10 percent by vest, possess, or land any species of fish weight of the total catch on board, or other than mussels and sea urchins. 200 lobsters (whichever is less). The area coordinates of the Nantucket (B) All gillnets must have a min- Shoals Mussel and Sea Urchin Dredge imum mesh size of 6.5 inches (16.5 cm) Exemption Area are the same coordi- diamond mesh throughout the net. nates as those of the Nantucket Shoals Dogfish Fishery Exemption Area speci- (C) Fishing is confined to July 1 fied under paragraph (a)(9) of this sec- through August 31. tion. (b) Southern New England (SNE) Regu- (12) GOM/GB Monkfish Gillnet Exemp- lated Mesh Area—(1) Area definition. The tion. Unless otherwise prohibited in SNE Regulated Mesh Area (copies of a § 648.81, a vessel may fish with gillnets map depicting this area are available in the GOM/GB Dogfish and Monkfish from the Regional Administrator upon Gillnet Fishery Exemption Area when request) is that area: not under a NE multispecies DAS if the (i) Bounded on the east by straight vessel complies with the requirements lines connecting the following points in specified in paragraph (a)(12)(i) of this the order stated: section. The GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption SOUTHERN NEW ENGLAND REGULATED MESH Area is defined by straight lines con- AREA necting the following points in the Point N. Lat. W. Long. order stated: G5 ...... 41°18.6′ 66°24.8′ N. lat. W. long. G6 ...... 40°55.5′ 66°38′ G7 ...... 40°45.5′ 68°00′ 41°35″ ...... 70°00′ G8 ...... 40°37′ 68°00′ 42°49.5″ ...... 70°00′ G9 ...... 40°30.5′ 69°00′ ° ″ ° ′ 42 49.5 ...... 69 40 NL3 ...... 40°22.7′ 69°00′ ° ″ ° ′ 43 12 ...... 69 00 NL2 ...... 40°18.7′ 69°40′ (1) ...... 69°00′ NL1 ...... 40°50′ 69°40′ 1 Due north to Maine shoreline. G11 ...... 40°50′ 70°00′
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SOUTHERN NEW ENGLAND REGULATED MESH § 648.82(b)(3), if fishing under the scallop AREAÐContinued state waters exemption specified in § 648.54, or if fishing pursuant to a NE Point N. Lat. W. Long. multispecies open access Charter/Party G12 ...... 1 70°00′ or Handgear permit. Any gear on a ves- 1 Northward to its intersection with the shoreline of mainland sel, or used by a vessel, in this area Massachusetts. must be authorized under one of these (ii) Bounded on the west by the east- exemptions or must be stowed as speci- ern boundary of the Mid-Atlantic Reg- fied in § 648.81(e). ulated Mesh Area. (3) Exemptions—(i) Species exemptions. (2) Gear restrictions—(i) Minimum mesh Vessels subject to the minimum mesh size. Except as provided in paragraphs size restrictions specified in paragraph (b)(2) (i) and (iii) of this section, and (b)(2) of this section may fish for, har- unless otherwise restricted under para- vest, possess, or land butterfish, graph (b)(2)(ii) of this section, the min- dogfish (trawl only), herring, mackerel, imum mesh size for any trawl net, sink ocean pout, scup, shrimp, squid, sum- gillnet, Scottish seine, purse seine or mer flounder, silver hake, and weakfish midwater trawl, not stowed and not with nets of a mesh size smaller than available for immediate use in accord- the minimum size specified in the SNE ance with § 648.23(b), by a vessel fishing Regulated Mesh Area, provided such under a DAS in the multispecies DAS vessels comply with the requirements program in the SNE regulated mesh specified in paragraph (b)(3)(ii) of this area, is 6-inch (15.24-cm) diamond mesh section. or 6.5-inch (16.51-cm) square mesh (ii) Possession and net stowage require- throughout the entire net, or any com- ments. Vessels may possess regulated bination thereof. This minimum mesh species while in possession of nets with size restriction does not apply to ves- mesh smaller than the minimum size sels that have not been issued a multi- specified in paragraph (b)(2)(i) of this species permit and that are fishing ex- section, provided that such nets are clusively in state waters. stowed and are not available for imme- (ii) Large Mesh vessels. When fishing diate use in accordance with § 648.23(b), in the SNE regulated mesh area, the and provided that regulated species minimum mesh size for any sink were not harvested by nets of mesh size gillnet on a vessel, or used by a vessel, smaller than the minimum mesh size fishing under a DAS in the Large Mesh specified in paragraph (b)(2)(i) of this DAS program specified in § 648.82(b) (6) section. Vessels fishing for the exempt- and (7) is 7-inch (17.78-cm) diamond ed species identified in paragraph mesh throughout the entire net. The (b)(3)(i) of this section may also possess minimum mesh size for any trawl net and retain the following species, with on a vessel or used by a vessel fishing the restrictions noted, as incidental under a DAS in the Large Mesh DAS take to these exempted fisheries: Con- program is 8-inch (20.32-cm) diamond ger eels; searobins; black sea bass; red mesh throughout the entire net. This hake; tautog (blackfish); blowfish; restriction does not apply to nets or cunner; John Dory; mullet; bluefish; pieces of nets smaller than 3 ft (0.9 m) tilefish; longhorn sculpin; fourspot × 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to ves- flounder; alewife; hickory shad; Amer- sels that have not been issued a multi- ican shad; blueback herring; sea species permit and that are fishing ex- ravens; Atlantic croaker; spot; sword- clusively in state waters. fish; monkfish and monkfish parts—up (iii) Other restrictions and exemptions. to 10 percent, by weight, of all other Vessels are prohibited from fishing in species on board; American lobster—up the SNE Regulated Mesh Area except if to 10 percent, by weight, of all other fishing with exempted gear (as defined species on board or 200 lobsters, which- under this part) or under the exemp- ever is less; and skate and skate tions specified in paragraphs (b)(3), parts—up to 10 percent, by weight, of (b)(5) through (8), (c), (e), (h), and (i) of all other species on board. this section, if fishing under a NE (4) Addition or deletion of exemptions. multispecies DAS, if fishing under the Same as paragraph (a)(7) of this sec- small vessel exemption specified in tion.
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(5) SNE Monkfish and Skate Trawl Ex- (7) SNE Dogfish Gillnet Exemption emption Area. A vessel may fish with Area. A gillnet vessel may fish in the trawl gear in the SNE Monkfish and SNE Dogfish Gillnet Fishery Exemp- Skate Trawl Fishery Exemption Area tion Area when not operating under a when not operating under a NE multi- NE multispecies DAS if the vessel com- species DAS if the vessel complies with plies with the requirements specified in the requirements specified in para- paragraph (b)(7)(i) of this section. The graph (b)(5)(i) of this section. The SNE SNE Dogfish Gillnet Fishery Exemp- Monkfish and Skate Trawl Fishery Ex- tion Area is defined by a line running emption Area is defined as the area from the Massachusetts shoreline at bounded on the north by a line extend- 41°35′ N. lat. and 70°00′ W. long. south to ing eastward along 40°10′ N. lat., and its intersection with the outer bound- bounded on the west by the eastern ary of the EEZ, southwesterly along boundary of the Mid-Atlantic Regu- the outer boundary of the EEZ, and lated Mesh Area. bounded on the west by the eastern (i) Requirements. (A) A vessel fishing boundary of the Mid-Atlantic Regu- under this exemption may only fish lated Mesh Area. for, possess on board, or land monkfish, (i) Requirements. (A) A vessel fishing skates, and the bycatch species and under this exemption may only fish amounts specified in paragraph (b)(3) of for, possess on board, or land dogfish this section. and the bycatch species and amounts (B) All trawl nets must have a min- specified in paragraph (b)(3) of this sec- imum mesh size of 8-inches (20.3-cm) tion. square or diamond mesh throughout (B) All gillnets must have a min- the codend for at least 45 continuous imum mesh size of 6-inches (15.24-cm) meshes forward of the terminus of the diamond mesh throughout the net. net. (C) Fishing is confined to May 1 (6) SNE Monkfish and Skate Gillnet Ex- through October 31. emption Area. A vessel may fish with gillnet gear in the SNE Monkfish and (8) SNE Mussel and Sea Urchin Dredge Skate Gillnet Fishery Exemption Area Exemption. A vessel may fish with a when not operating under a NE multi- dredge in the SNE Regulated Mesh species DAS if the vessel complies with Area, provided that any dredge on the requirements specified in para- board the vessel does not exceed 8 ft graph (b)(6)(i) of this section. The SNE (2.44 m) measured at the widest point Monkfish and Skate Gillnet Fishery in the bail of the dredge, and the vessel Exemption Area is defined by a line does not fish for, harvest, possess, or running from the Massachusetts shore- land any species of fish other than line at 41°35′ N. lat. and 70°00′ W. long. mussels and sea urchins. south to its intersection with the outer (9) SNE Little Tunny Gillnet Exemption boundary of the EEZ, southwesterly Area. A vessel may fish with gillnet along the outer boundary of the EEZ, gear in the SNE Little Tunny Gillnet and bounded on the west by the eastern Exemption Area when not operating boundary of the Mid-Atlantic Regu- under a NE multispecies DAS with lated Mesh Area. mesh size smaller than the minimum (i) Requirements. (A) A vessel fishing required in the SNE Regulated Mesh under this exemption may only fish Area, if the vessel complies with the for, possess on board, or land monkfish, requirements specified in paragraph skates, and the bycatch species and (b)(9)(i) of this section. The SNE Little amounts specified in paragraph (b)(3) of Tunny Gillnet Exemption Area is de- this section. fined by a line running from the Rhode (B) All gillnets must have a min- Island shoreline at 41°18.2′ N. lat. and imum mesh size of 10 inch (25.4 cm) dia- 71°51.5′ W. long. (Watch Hill, RI) south- mond mesh throughout the net. westerly through Fishers Island, NY; to (C) All nets with a mesh size smaller Race Point, Fishers Island, NY; and than the minimum mesh size specified from Race Point, Fishers Island, NY, in paragraph (b)(6)(i)(B) of this section southeasterly to 41°06.5′ N. lat. and must be stowed as specified in 71°50.2′ W. long.; east northeast through § 648.81(e)(4). Block Island, RI, to 41°15′ N. lat. and
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71°07′ W. long.; then due north to the (2) Gear restrictions—(i) Minimum mesh intersection of the RI-MA shoreline. size. Except as provided in paragraph (i) (i) Requirements. (A) A vessel fishing of this section, and unless otherwise re- under this exemption may fish only stricted under paragraph (c)(2)(ii) of for, possess on board, or land little this section, the minimum mesh size tunny and the allowable incidental spe- for any trawl net, sink gillnet, Scottish cies and amounts specified in para- seine, purse seine, or midwater trawl in graph (b)(3) and, if applicable, para- use or available for immediate use, as graph (b)(9)(i)(B) of this section. Ves- described in § 648.23(b), by a vessel fish- sels fishing under this exemption may ing under a DAS in the NE multispe- not possess regulated species. cies DAS program in the MA Regulated (B) A vessel may possess bonito as an Mesh Area shall be that specified by allowable incidental species provided § 648.104(a). This restriction does not an exempted fishing permit is obtained apply to vessels that have not been from the Highly Migratory Species Di- issued a NE multispecies permit and vision (HMS), Office of Sustainable that are fishing exclusively in state Fisheries, NMFS, Gloucester, Massa- waters. chusetts. The HMS reserves the au- (ii) Large mesh vessels. When fishing thority to cap the number of partici- in the MA Regulated Mesh Area, the pants who retain bonito as allowable minimum mesh size for any sink incidental species should conservation gillnet on a vessel, or used by a vessel, and/or protected resource concerns de- fishing under a DAS in the Large Mesh velop. DAS program specified in § 648.82(b) (6) (C) The vessel must have a letter of and (7) is 7-inch (17.78-cm) diamond authorization issued by the Regional mesh throughout the entire net. The Administrator on board. minimum mesh size for any trawl net (D) All gillnets must have a min- on a vessel, or used by a vessel, fishing imum mesh size of 5.5 inch (13.97 cm) under a DAS in the Large Mesh DAS diamond mesh throughout the net. program is 8-inch (20.32-cm) diamond (E) All nets with a mesh size smaller mesh throughout the net. This restric- than the minimum mesh size specified tion does not apply to nets or pieces of in paragraph (b)(9)(i)(D) of this section nets smaller than 3 ft (0.9 m) × 3 ft (0.9 must be stowed in accordance with one 2 2 of the methods described under m), (9 ft (0.81 m )), or to vessels that § 648.81(e) while fishing under this ex- have not been issued a multispecies emption. permit and that are fishing exclusively (F) Fishing is confined to September in state waters. 1 through October 31. (3) Net stowage exemption. Vessels may (ii) The Regional Adminstrator shall possess regulated species while in pos- conduct periodic sea sampling to evalu- session of nets with mesh smaller than ate the likelihood of gear interactions the minimum size specified in para- with protected resources. graph (c)(2)(i) of this section, provided (c) Mid-Atlantic regulated mesh area. that such nets are stowed and are not (1) Area definition. The Mid-Atlantic available for immediate use in accord- Regulated Mesh Area is that area ance with § 648.23(b), and provided that bounded on the east by a line running regulated species were not harvested from the Rhode Island shoreline at by nets of mesh size smaller than the 41°18.2′ N. lat. and 71°51.5′ W. long. minimum mesh size specified in para- (Watch Hill, RI) southwesterly through graph (c)(2)(i) of this section. Fishers Island, NY, to Race Point, (4) Additional exemptions. The Re- Fishers Island, NY, and from Race gional Administrator may, using the Point, Fishers Island, NY, southeast- process described in either paragraph erly to the intersection of the 3-nau- (a)(7) (i) or (ii) of this section, author- tical mile line east of Montauk Point, ize an exemption for a white hake fish- southwesterly along the 3-nautical ery by vessels using regulated mesh or mile line to the intersection of 72°30′ W. hook gear. Determination of the per- long. and south along that line to the centage of regulated species caught in intersection of the outer boundary of such a fishery shall not include white the EEZ. hake.
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(d) Midwater trawl gear exemption. (2) All other nets. With the exception Fishing may take place throughout the of gillnets, mesh size shall be measured fishing year with midwater trawl gear by a wedged-shaped gauge having a of mesh size less than the applicable taper of 2 cm in 8 cm and a thickness minimum size specified in this section, of 2.3 mm, inserted into the meshes provided that: under a pressure or pull of 5 kg. (1) Midwater trawl gear is used exclu- (i) Square-mesh measurement. Square sively; mesh in the regulated portion of the (2) When fishing under this exemp- net is measured by placing the net tion in the GOM/GB Regulated Mesh gauge along the diagonal line that con- Area, and in the area described in nects the largest opening between op- § 648.81(c)(1), the vessel has on board a posite corners of the square. The letter of authorization issued by the square mesh size is the average of the Regional Administrator, and complies measurements of 20 consecutive adja- with all restrictions and conditions cent meshes from the terminus forward thereof; along the long axis of the net. The (3) The vessel only fishes for, pos- square mesh is measured at least five sesses, or lands Atlantic herring, meshes away from the lacings of the blueback herring, or mackerel in areas net. north of 42°20′ N. lat. and in the areas (ii) Diamond-mesh measurement. Dia- described in § 648.81(a)(1), (b)(1), and mond mesh in the regulated portion of (c)(1); and Atlantic herring, blueback the net is measured running parallel to herring, mackerel, or squid in all other the long axis of the net. The mesh size areas south of 42°20′ N. lat.; is the average of the measurements of (4) The vessel does not fish for, pos- any series of 20 consecutive meshes. sess, or land NE multispecies; and The mesh is measured at least five (5) The vessel must carry a NMFS-ap- meshes away from the lacings of the proved sea sampler/observer, if re- net. quested by the regional Administrator. (g) Restrictions on gear and methods of (e) Purse seine gear exemption. Fishing fishing—(1) Net obstruction or constric- may take place throughout the fishing tion. A fishing vessel shall not use any year with purse seine gear of mesh size device or material, including, but not smaller than the applicable minimum limited to, nets, net strengtheners, size specified in this section, provided ropes, lines, or chafing gear, on the top that: of a trawl net, except that one splitting (1) The vessel uses purse seine gear strap and one bull rope (if present), exclusively; consisting of line and rope no more (2) When fishing under this exemp- than 3 inches (7.62 cm) in diameter, tion in the GOM/GB Regulated Mesh may be used if such splitting strap and/ Area, the vessel has on board a letter or bull rope does not constrict in any of authorization issued by the Regional manner the top of the trawl net. ‘‘The Administrator; top of the trawl net’’ means the 50 per- (3) The vessel only fishes for, pos- cent of the net that (in a hypothetical sesses, or lands Atlantic herring, situation) would not be in contact with blueback herring, mackerel, or menha- the ocean bottom during a tow if the den; and net were laid flat on the ocean floor. (4) The vessel does not fish for, pos- For the purpose of this paragraph sess, or land NE multispecies. (g)(1), head ropes are not considered (f) Mesh measurements—(1) Gillnets. part of the top of the trawl net. Beginning October 15, 1996, mesh size of (2) Mesh obstruction or constriction. (i) gillnet gear shall be measured by lin- A fishing vessel may not use any mesh ing up five consecutive knots perpen- configuration, mesh construction, or dicular to the float line and, with a other means on or in the top of the net, ruler or tape measure, measuring ten as defined in paragraph (g)(1) of this consecutive measures on the diamond, section, if it obstructs the meshes of inside knot to inside knot. The mesh the net in any manner. shall be the average of the measure- (ii) A fishing vessel may not use a net ments of ten consecutive measures. capable of catching multispecies if the
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bars entering or exiting the knots in the exemption program described by twist around each other. this section. (3) Pair trawl prohibition. No vessel (5) The vessel does not enter or tran- may fish for NE multispecies while pair sit the EEZ. trawling, or possess or land NE multi- (6) The vessel does not enter or tran- species that have been harvested by sit the waters of another state, unless means of pair trawling. such other state is participating in the (h) Scallop vessels. (1) Except as pro- exemption program described by this vided in paragraph (h)(2) of this section section and the vessel is enrolled in and in § 648.58(c)(6)(ii), a scallop vessel that state’s program. that possesses a limited access scallop (7) The vessel, when not fishing under permit and either a multispecies com- the DAS program, does not fish for, bination vessel permit or a scallop possess, or land more than 500 lb (226.8 multispecies possession limit permit, kg) of winter flounder, and has at least and that is fishing under a scallop DAS one standard tote on board. allocated under § 648.53, may possess (8) The vessel does not fish for, pos- and land up to 300 lb (136.1 kg) of regu- sess, or land any species of fish other lated species per trip, provided that the than winter flounder and the exempted amount of cod on board does not exceed small mesh species specified under the daily cod limit specified in paragraphs (a)(3)(i), (a)(8)(i), (b)(3), and § 648.86(b), up to a maximum of 300 lb (c)(3) of this section when fishing in the (136.1 kg) of cod for the entire trip, and areas specified under paragraphs (a)(3), provided the vessel has at least one (a)(8), (b)(1), and (c)(1) of this section, standard tote on board, unless other- respectively. Vessels fishing under this wise restricted by § 648.86(a)(2). exemption in New York and Con- (2) Combination vessels fishing under necticut state waters may also possess a NE multispecies DAS are subject to and retain skate as incidental take in the gear restrictions specified in § 648.80 this fishery. and may possess and land unlimited (9) The vessel complies with all other amounts of regulated species, unless applicable requirements. otherwise restricted by § 648.86(b). Such [61 FR 34968, July 3, 1996, as amended at 61 vessels may simultaneously fish under FR 54106, Oct. 17, 1996; 61 FR 55777, Oct. 29, a scallop DAS. 1996; 61 FR 68165, Dec. 27, 1996; 62 FR 8406, (i) State waters winter flounder exemp- Feb. 25, 1997; 62 FR 14649, Mar. 27, 1997; 62 FR tion. Any vessel issued a multispecies 15387, Apr. 1, 1997; 62 FR 49149, Sept. 19, 1997; 63 FR 7730, Feb. 17, 1998; 63 FR 11595, Mar. 10, permit may fish for, possess, or land 1998; 63 FR 15330, Mar. 31, 1998; 63 FR 25416, winter flounder while fishing with nets May 8, 1998; 63 FR 40377, July 29, 1998; 63 FR of mesh smaller than the minimum size 42592, Aug. 10, 1998; 63 FR 45966, Aug. 28, 1998; specified in paragraphs (a)(2), (b)(2), 64 FR 24073, May 5, 1999; 64 FR 31151, June 10, and (c)(2) of this section, provided that: 1999; 64 FR 42048, Aug. 3, 1999] (1) The vessel has on board a certifi- cate approved by the Regional Admin- § 648.81 Closed areas. istrator and issued by the state agency (a) Closed Area I. (1) No fishing vessel authorizing the vessel’s participation or person on a fishing vessel may enter, in the state’s winter flounder fishing fish, or be in the area known as Closed program and is in compliance with the Area I (copies of a map depicting this applicable state laws pertaining to area are available from the Regional minimum mesh size for winter floun- Administrator upon request), as de- der. fined by straight lines connecting the (2) Fishing is conducted exclusively following points in the order stated, ex- in the waters of the state from which cept as specified in paragraphs (a)(2) the certificate was obtained. and (d) of this section: (3) The state’s winter flounder plan has been approved by the Commission CLOSED AREA I as being in compliance with the Com- Point N. Lat. W. Long. mission’s winter flounder fishery man- agement plan. CI1 ...... 41°30′ 69°23′ CI2 ...... 40°45′ 68°45′ (4) The state elects, by a letter to the CI3 ...... 40°45′ 68°30′ Regional Administrator, to participate CI4 ...... 41°30′ 68°30′
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CLOSED AREA IÐContinued CLOSED AREA II
Point N. Lat. W. Long. Point N. Lat. W. Long.
CI1 ...... 41°30′ 69°23′ ClI1 ...... 41°00′ 67°20′ ClI2 ...... 41°00′ 66°35.8′ (2) Paragraph (a)(1) of this section G5 ...... 41°18.6′ 66°24.8′ (the U.S.-Can- ada Maritime Bound- does not apply to persons on fishing ary) vessels or fishing vessels— ClI3 ...... 42°22′ 67°20′ (the U.S.-Can- (i) Fishing with or using pot gear de- ada Maritime Bound- ary) signed and used to take lobsters, or pot ClI1 ...... 41°00′ 67°20′ gear designed and used to take hagfish, provided that there is no retention of (2) Paragraph (b)(1) of this section regulated species and no other gear on does not apply to persons on fishing board capable of catching NE multispe- vessels or fishing vessels fishing with cies; or gears as described in paragraph (a)(2) of (ii) Fishing with or using pelagic this section, or that are transiting the longline gear or pelagic hook and line area provided— gear or harpoon gear, provided that (i) The operator has determined that there is no retention of regulated spe- there is a compelling safety reason; cies, and provided that there is no and other gear on board capable of catching (ii) The vessel’s fishing gear is stowed NE multispecies; or in accordance with the requirements of (iii) Fishing with pelagic midwater paragraph (e) of this section. trawl gear, consistent with § 648.80(d), (c) Nantucket Lightship Closed Area. provided that the Regional Adminis- (1) No fishing vessel or person on a fish- trator shall review information per- ing vessel may enter, fish, or be in the taining to the bycatch of regulated area known as the Nantucket multispecies, and, if the Regional Ad- Lightship Closed Area (copies of a map depicting this area are available from ministrator determines, on the basis of the Regional Administrator upon re- sea sampling data or other credible in- quest), as defined by straight lines con- formation for this fishery, that the by- necting the following points in the catch of regulated multispecies ex- order stated, except as specified in ceeds, or is likely to exceed, 1 percent paragraphs (c)(2) and (d) of this section: of herring and mackerel harvested, by weight, in the fishery or by any indi- NANTUCKET LIGHTSHIP CLOSED AREA vidual fishing operation, the Regional Administrator may place restrictions Point N. Lat. W. Long. and conditions in the letter of author- G10 ...... 40°50′ 69°00′ ization for any or all individual fishing CN1 ...... 40°20′ 69°00′ operations or, after consulting with the CN2 ...... 40°20′ 70°20′ ° ′ ° ′ Council, suspend or prohibit any or all CN3 ...... 40 50 70 20 G10 ...... 40°50′ 69°00′ midwater trawl activities in the closed areas. (2) Paragraph (c)(1) of this section (b) Closed Area II. (1) No fishing vessel does not apply to persons on fishing or person on a fishing vessel may enter, vessels or fishing vessels— fish, or be in the area known as Closed (i) Fishing with gears as described in Area II (copies of a map depicting this paragraph (a)(2) of this section; area are available from the Regional (ii) Fishing with or using dredge gear Administrator upon request), as de- designed and used to take surf clams or fined by straight lines connecting the ocean quahogs, provided that there is following points in the order stated, ex- no retention of regulated species and cept as specified in paragraph (b)(2) of no other gear on board capable of this section, or unless exempt under catching NE multispecies; or the Georges Bank Sea Scallop Exemp- (iii) Classified as charter, party or tion Program specified under § 648.58 recreational vessel, provided that— during the time and in the portion of (A) If the vessel is a party or charter Closed Area II described in § 648.58(b): vessel, it has a letter of authorization
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issued by the Regional Administrator (i) Rolling Closure Area I. From March on board; 1 through March 31, the restrictions (B) Fish harvested or possessed by specified in paragraph (g)(1) of this sec- the vessel are not sold or intended for tion apply to Rolling Closure Area I, trade, barter or sale, regardless of which is the area bounded by straight where the fish are caught; and lines connecting the following points in (C) The vessel has no gear other than the order stated: rod and reel or handline gear on board. (d) Transiting. Vessels may transit ROLLING CLOSURE AREA I Closed Area I, the Nantucket Lightship (March 1±March 31) Closed Area, the GOM Rolling Closure Point N. lat. W. long. Areas, the Cashes Ledge Closure Area, and the Western GOM Closure Area, as GM1 ...... 42°00′ (1) GM2 ...... 42°00′ (2) defined in paragraphs (a)(1), (c)(1), GM3 ...... 42°00′ (3) (f)(1), (g)(1), (h)(1), and (i)(1), respec- GM5 ...... 42°00′ 68°30′ tively, of this section, provided that GM6 ...... 42°30′ 68°30′ their gear is stowed in accordance with GM9 ...... 42°30′ (1) the provisions of paragraph (e) of this 1 Massachusetts shoreline. section. 2 Cape Cod shoreline on Cape Cod Bay. 3 Cape Cod shoreline on the Atlantic Ocean. (e) Gear stowage requirements. (1) Nets. In accordance with one of (ii) Rolling Closure Area II. From the methods specified in § 648.23(b) and April 1 through April 30, the restric- capable of being shown not to have tions specified in paragraph (g)(1) of been in recent use. this section apply to Rolling Closure (2) Scallop dredges. The towing wire is Area II, which is the area bounded by detached from the scallop dredge, the straight lines connecting the following towing wire is reeled up onto the points in the order stated: winch, and the dredge is secured and covered so that it is rendered unusable ROLLING CLOSURE AREA II for fishing. [April 1±April 30] (3) Hook gear (other than pelagic). All Point N. lat. W. long. anchors and buoys are secured and all hook gear, including jigging machines, GM1 ...... 42°00′ (1) GM2 ...... 42°00′ (2) is covered. GM3 ...... 42°00′ (3) (4) Sink gillnet gear. All nets are cov- GM5 ...... 42°00′ 68°30′ ered with canvas or other similar ma- GM13 ...... 43°00′ 68°30′ terial and lashed or otherwise securely GM10 ...... 43°00′ (4) fastened to the deck or rail, and all 1 Massachusetts shoreline. buoys larger than 6 inches (15.24 cm) in 2 Cape Cod shoreline on Cape Cod Bay. 3 Cape Cod shoreline on the Atlantic Ocean. diameter, high flyers, and anchors are 4 New Hampshire shoreline. disconnected. (f) [Reserved] (iii) Rolling Closure Area III. From May 1 through May 31, the restrictions (g) GOM Rolling Closure Areas. (1) No specified in paragraph (g)(1) of this sec- fishing vessel or person on a fishing tion apply to Rolling Closure Area III, vessel may enter, fish in, or be in, and which is the area bounded by straight no fishing gear capable of catching NE lines connecting the following points in multispecies, unless otherwise allowed the order stated: in this part, may be in, or on board a vessel in, GOM Rolling Closure Areas I ROLLING CLOSURE AREA III through V, as described in paragraphs [May 1±May 31] (g)(1) (i) through (v) of this section, for the times specified in paragraphs (g)(1) Point N. lat. W. long. (i) through (v) of this section, except as GM9 ...... 42°30′ (1) specified in paragraphs (d), and (g)(2) of GM6 ...... 42°30′ 68°30′ this section. A chart depicting these GM14 ...... 43°30′ 68°30′ areas is available from the Regional GM18 ...... 43°30′ (2) Administrator upon request (see Table 1 Massachusetts shoreline. 1 to § 600.502 of this chapter)). 2 Maine shoreline.
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(iv) Rolling Closure Area IV. From (A) The net is attached to the boat June 1 through June 30, the restric- and fished in the upper two-thirds of tions specified in paragraph (g)(1) of the water column; this section apply to Rolling Closure (B) The net is marked with the own- Area IV, which is the area bounded by er’s name and vessel identification straight lines connecting the following number; points in the order stated: (C) There is no retention of regulated species; and ROLLING CLOSURE AREA IV (D) There is no other gear on board [June 1±June 30] capable of catching NE multispecies; (iii) That are classified as charter, Point N. lat. W. long. party, or recreational; or GM10 ...... 43°00′ (1) (iv) That are fishing with or using GM11 ...... 43°00′ 70°00′ scallop dredge gear when fishing under ° ′ ° ′ GM17 ...... 43 30 70 00 a scallop DAS or when lawfully fishing GM19 ...... 43°30′ 67°32.0′ or (2) in the Scallop Dredge Fishery Exemp- GM20 ...... 44°00′ 67°21.0′ tion Area as described in § 648.80(a)(10), or (2) provided the vessel does not retain any GM21 ...... 44°00′ 69°00′ GM22 ...... (3)69°00′ regulated multispecies during a trip, or on any part of a trip. 1 New Hampshire shoreline. 2 U.S.-Canada maritime boundary. (h) Cashes Ledge Closure Area. (1) 3 Maine shoreline. From July 1 through October 31, no (v) Rolling Closure Area V. From Octo- fishing vessel or person on a fishing ber 1 through November 30, the restric- vessel may enter, fish in, or be in, and tions specified in paragraph (g)(1) of no fishing gear capable of catching NE this section apply to Rolling Closure multispecies, unless otherwise allowed Area V, which is the area bounded by in this part, may be in, or on board a straight lines connecting the following vessel in, the area known as the Cashes points in the order stated: Ledge Closure Area, as defined by straight lines connecting the following ROLLING CLOSURE AREA V points in the order stated, except as [October 1±November 30] specified in paragraphs (d) and (h)(2) of this section: Point N. lat. W. long. CASHES LEDGE CLOSURE AREA GM1 ...... 42°00′ (1) GM2 ...... 42°00′ (2) [July 1±October 31] GM3 ...... 42°00′ (3) GM4 ...... 42°00′ 70°00′ Point N. lat. W. long. GM8 ...... 42°30′ 70°00′ ° ′ ° ′ GM9 ...... 42°30′ (1) CL1 ...... 43 07 69 02 CL2 ...... 42°49.5′ 68°46′ 1 Massachusetts shoreline. CL3 ...... 42°46.5′ 68°50.5′ 2 Cape Cod shoreline on Cape Cod Bay. CL4 ...... 42°43.5′ 68°58.5′ 3 Cape Cod shoreline on the Atlantic Ocean. CL5 ...... 42°42.5′ 69°17.5′ CL6 ...... 42°49.5′ 69°26′ (2) Paragraph (g)(1) of this section CL1 ...... 43°07′ 69°02′ does not apply to persons aboard fish- ing vessels or fishing vessels: (i) A chart depicting this area is (i) That have not been issued a multi- available from the Regional Adminis- species permit and that are fishing ex- trator upon request (see Table 1 to clusively in state waters; § 600.502 of this chapter)). (ii) That are fishing with or using ex- (ii) [Reserved] empted gear as defined under this part, (2) Paragraph (h)(1) of this section subject to the restrictions on midwater does not apply to persons on fishing trawl gear in paragraph (a)(2)(iii) of vessels or fishing vessels: this section, and excluding pelagic (i) That meet the criteria in para- gillnet gear capable of catching multi- graph (g)(2)(ii), (iii), or (iv) of this sec- species, except for vessels fishing with tion. a single pelagic gillnet, not longer than (ii) [Reserved] 300 ft (91.44 m) and not greater than 6 ft (i) Western GOM Area Closure. (1) (1.83 m) deep, with a maximum mesh From May 1, 1998, through April 30, size of 3 inches (7.62 cm), provided: 2001, no fishing vessel or person on a
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fishing vessel may enter, fish in, or be Point Latitude Longitude in, and no fishing gear capable of 102 ...... 39°56.2′ N. 69°40.2′′ W. catching multispecies, unless other- 103 ...... 39°55.75′ N. 69°41.4′ W. wise allowed in this part, may be in, or 104 ...... 39°56.7′ N. 69°53.6′ W. on board a vessel in, the area known as 105 ...... 39°57.55′ N. 69°54.05′ W. the Western GOM Area Closure (a chart 106 ...... 39°57.4′ N. 69°55.9′ W. 107 ...... 39°56.9′ N. 69°57.45′ W. depicting this area is available from 108 ...... 39°58.25′ N. 70°03.0′ W. the Regional Administrator upon re- 110 ...... 39°59.2′ N. 70°04.9′ W. quest (see Table 1 to § 600.502)), as de- 111 ...... 40°00.7′ N. 70°08.7′ W. 112 ...... 40°03.75′ N. 70°10.15′ W. fined by straight lines connecting the 115 ...... 40°05.2′ N. 70°10.9′ W. following points in the order stated, ex- 116 ...... 40°02.45′ N. 70°14.1′ W. cept as specified in paragraphs (d) and 119 ...... 40°02.75′ N. 70°16.1′ W. (i)(2) of this section: to 181 Offshore Boundary WESTERN GOM AREA CLOSURE to 69 Point N. lat. W. long. 120 ...... 40°06.4′ N. 68°35.8′ W. 121 ...... 40°05.25′ N. 68°39.3′ W. WGM1 ...... 42°15′ 70°15′ 122 ...... 40°05.4′ N. 68°44.5′ W. WGM2 ...... 42°15′ 69°55′ 123 ...... 40°06.0′ N. 68°46.5′ W. WGM3 ...... 43°15′ 69°55′ 124 ...... 40°07.4′ N. 68°49.6′ W. WGM4 ...... 43°15′ 70°15′ 125 ...... 40°05.55′ N. 68°49.8′ W. WGM1 ...... 42°15′ 70°15′ 126 ...... 40°03.9′ N. 68°51.7′ W. 127 ...... 40°02.25′ N. 68°55.4′ W. (2) Paragraph (i)(1) of this section 128 ...... 40°02.6′ N. 69°00.0′ W. 129 ...... 40°02.75′ N. 69°00.75′ W. does not apply to persons on fishing 130 ...... 40°04.2′ N. 69°01.75′ W. vessels or fishing vessels that meet the 131 ...... 40°06.15′ N. 69°01.95′ W. criteria in paragraph (g)(2)(ii) or (iii) of 132 ...... 40°07.25′ N. 69°02.0′ W. this section. 133 ...... 40°08.5′ N. 69°02.25′ W. 134 ...... 40°09.2′ N. 69°02.95′ W. (j) Restricted Gear Area I. (1) Re- 135 ...... 40°09.75′ N. 69°03.3′ W. stricted Gear Area I is defined by 136 ...... 40°09.55′ N. 69°03.85′ W. straight lines connecting the following 137 ...... 40°08.4′ N. 69°03.4′ W. 138 ...... 40°07.2′ N. 69°03.3′ W. points in the order stated: 139 ...... 40°06.0′ N. 69°03.1′ W. 140 ...... 40°05.4′ N. 69°03.05′ W. Point Latitude Longitude 141 ...... 40°04.8′ N. 69°03.05′ W. 142 ...... 40°03.55′ N. 69°03.55′ W. Inshore Boundary 143 ...... 40°01.9′ N. 69°03.95′ W. ° ′ ° ′ to 120 144 ...... 40 01.0 N. 69 04.4 W. ° ′ ° ′ 146 ...... 39°59.9′ N. 69°06.25′ W. 69 ...... 40 07.9 N. 68 36.0 W. ° ′ ° ′ 70 ...... 40°07.2′ N. 68°38.4′ W. 147 ...... 40 00.6 N. 69 10.05 W. ° ′ ° ′ 71 ...... 40°06.9′ N. 68°46.5′ W. 148 ...... 39 59.25 N. 69 11.15 W. ° ′ ° ′ 73 ...... 40°08.1′ N. 68°51.0′ W. 149 ...... 39 57.45 N. 69 16.05 W. ° ′ ° ′ 74 ...... 40°05.7′ N. 68°52.4′ W. 150 ...... 39 56.1 N. 69 20.1 W. ° ′ ° ′ 75 ...... 40°03.6′ N. 68°57.2′ W. 151 ...... 39 54.6 N. 69 25.65 W. ° ′ ° ′ 76 ...... 40°03.65′ N. 69°00.0′ W. 152 ...... 39 54.65 N. 69 26.9 W. ° ′ ° ′ 77 ...... 40°04.35′ N. 69°00.5′ W. 153 ...... 39 54.8 N. 69 30.95 W. ° ′ ° ′ 78 ...... 40°05.2′ N. 69°00.5′ W 154 ...... 39 54.35 N. 69 33.4 W. ° ′ ° ′ 79 ...... 40°05.3′ N. 69°01.1′ W. 155 ...... 39 55.0 N. 69 34.9 W. ° ′ ° ′ 80 ...... 40°08.9′ N. 69°01.75′ W. 156 ...... 39 56.55 N. 69 36.0 W. 81 ...... 40°11.0′ N. 69°03.8′ W. 157 ...... 39°57.95′ N. 69°36.45′ W. 82 ...... 40°11.6′ N. 69°05.4′ W. 158 ...... 39°58.75′ N. 69°36.3′ W. 83 ...... 40°10.25′ N. 69°04.4′ W. 159 ...... 39°58.8′ N. 69°36.95′ W. 84 ...... 40°09.75′ N. 69°04.15′ W. 160 ...... 39°57.95′ N. 69°38.1′ W. 85 ...... 40°08.45′ N. 69°03.6′ W. 161 ...... 39°54.5′ N. 69°38.25′ W. 86 ...... 40°05.65′ N. 69°03.55′ W. 162 ...... 39°53.6′ N. 69°46.5′ W. 87 ...... 40°04.1′ N. 69°03.9′ W. 163 ...... 39°54.7′ N. 69°50.0′ W. 88 ...... 40°02.65′ N. 69°05.6′ W. 164 ...... 39°55.25′ N. 69°51.4′ W. 89 ...... 40°02.00′ N. 69°08.35′ W. 165 ...... 39°55.2′ N. 69°53.1′ W. 90 ...... 40°02.65′ N. 69°11.15′ W. 166 ...... 39°54.85′ N. 69°53.9′ W. 91 ...... 40°00.05′ N. 69°14.6′ W. 167 ...... 39°55.7′ N. 69°54.9′ W. 92 ...... 39°57.8′ N. 69°20.35′ W. 168 ...... 39°56.15′ N. 69°55.35′ W. 93 ...... 39°56.65′ N. 69°24.4′ W. 169 ...... 39°56.05′ N. 69°56.25′ W. 94 ...... 39°56.1′ N. 69°26.35′ W. 170 ...... 39°55.3′ N. 69°57.1′ W. 95 ...... 39°56.55′ N. 69°34.1′ W. 171 ...... 39°54.8′ N. 69°58.6′ W. 96 ...... 39°57.85′ N. 69°35.5′ W. 172 ...... 39°56.05′ N. 70°00.65′ W. 97 ...... 40°00.65′ N. 69°36.5′ W. 173 ...... 39°55.3′ N. 70°02.95′ W. 98 ...... 40°00.9′ N. 69°37.3′ W. 174 ...... 39°56.9′ N. 70°11.3′ W. 99 ...... 39°59.15′ N. 69°37.3′ W. 175 ...... 39°58.9′ N. 70°11.5′ W. 100 ...... 39°58.8′ N. 69°38.45′ W. 176 ...... 39°59.6′ N. 70°11.1′ W.
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Point Latitude Longitude Point Latitude Longitude
177 ...... 40°01.35′ N. 70°11.2′ W. 9...... 39°57.65′ N. 70°27.05′ W. 178 ...... 40°02.6′ N. 70°12.0′ W. 10...... 39°58.58′ N. 70°27.7′ W. 179 ...... 40°00.4′ N. 70°12.3′ W. 11...... 40°00.65′ N. 70°28.8′ W. 180 ...... 39°59.75′ N. 70°13.05′ W. 12...... 40°02.2′ N. 70°29.15′ W. 181 ...... 39°59.3′ N. 70°14.0′ W. 13...... 40°01.0′ N. 70°30.2′ W. to 119 14...... 39°58.58′ N. 70°31.85′ W. 15...... 39°57.05′ N. 70°34.35′ W. (2) Duration. (i) Mobile gear. From Oc- 16...... 39°56.42′ N. 70°36.8′ W. 21...... 39°58.15′ N. 70°48.0′ W. tober 1 through June 15, no fishing ves- 24...... 39°58.3′ N. 70°51.1′ W. sel with mobile gear or person on a 25...... 39°58.1′ N. 70°52.25′ W. fishing vessel with mobile gear may 26...... 39°58.05′ N. 70°53.55′ W. 27...... 39°58.4′ N. 70°59.6′ W. fish, or be in Restricted Gear Area I 28...... 39°59.8′ N. 71°01.05′ W. unless transiting. Vessels may transit 29...... 39°58.2′ N. 71° 05.85′ W. this area provided that mobile gear is 30...... 39°57.45′ N. 71°12.15′ W. 31...... 39°57.2′ N. 71°15.0′ W. on board the vessel while inside the 32...... 39°56.3′ N. 71°18.95′ W. area. 33...... 39°51.4′ N. 71°36.1′ W. (ii) Lobster pot gear. From June 16 34...... 39°51.75′ N. 71°41.5′ W. through September 30, no fishing vessel 35...... 39°50.05′ N. 71°42.5′ W. 36...... 39°50.0′ N. 71°45.0′ W. with lobster pot gear or person on a 37...... 39°48.95′ N. 71°46.05′ W. fishing vessel with lobster pot gear 38...... 39°46.6′ N. 71°46.1′ W. may fish, and no lobster pot gear may 39...... 39°43.5′ N. 71°49.4′ W. 40...... 39°41.3′ N. 71°55.0′ W. be deployed or remain, in Restricted 41...... 39°39.0′ N. 71°55.6′ W. Gear Area I. 42...... 39°36.72′ N. 71°58.25′ W. (k) Restricted Gear Area II. (1) Re- 43...... 39°35.15′ N. 71°58.55′ W. stricted Gear Area II is defined by 44...... 39°34.5′ N. 72°00.75′ W. 45...... 39°32.2′ N. 72°02.25′ W. straight lines connecting the following 46...... 39°32.15′ N. 72°04.1′ W. points in the order stated: 47...... 39°28.5′ N. 72°06.5′ W. 48...... 39°29.0′ N. 72°09.25′ W. Point Latitude Longitude to 70.
Inshore Boundary (2) Duration. (i) Mobile Gear. From to 1 November 27 through June 15, no fish- 49...... 40°02.75′ N. 70°16.1′ W. ing vessel with mobile gear or person 50...... 40°00.7′ N. 70°18.6′ W. on a fishing vessel with mobile gear 51...... 39°59.8′ N. 70°21.75′ W. 52...... 39°59.75′ N. 70°25.5′ W. may fish, or be in Restricted Gear Area 53...... 40°03.85′ N. 70°28.75′ W. II unless transiting. Vessels may tran- 54...... 40°00.55′ N. 70°32.1′ W. sit this area provided that all mobile ° ′ ° ′ 55...... 39 59.15 N. 70 34.45 W. gear is on board the vessel while inside 56...... 39°58.9′ N. 70°38.65′ W. 57...... 40°00.1′ N. 70°45.1′ W. the area. 58...... 40°00.5′ N. 70°57.6′ W. (ii) Lobster pot gear. From June 16 59...... 40°02.0′ N. 71°01.3′ W. through November 26, no fishing vessel 60...... 39°59.3′ N. 71°18.4′ W. 61...... 40°00.7′ N. 71°19.8′ W. with lobster pot gear or person on a 62...... 39°57.5′ N. 71°20.6′ W. fishing vessel with lobster pot gear 63...... 39°53.1′ N. 71°36.1′ W. may fish, and no lobster pot gear may ° ′ ° ′ 64...... 39 52.6 N. 71 40.35 W. be deployed or remain, in Restricted 65...... 39°53.1′ N. 71°42.7′ W. 66...... 39°46.95′ N. 71°49.0′ W. Gear Area II. 67...... 39°41.15′ N. 71°57.1′ W. (l) Restricted Gear Area III. (1) Re- 68...... 39°35.45′ N. 72°02.0′ W. stricted Gear Area III is defined by 69...... 39°32.65′ N. 72°06.1′ W. 70...... 39°29.75′ N. 72°09.8′ W. straight lines connecting the following to 48 points in the order stated:
Offshore Boundary Point Latitude Longitude
to 49 Inshore Boundary 1...... 39°59.3′ N. 70°14.0′ W. 2...... 39°58.85′ N. 70°15.2′ W. to 49 3...... 39°59.3′ N. 70°18.4′ W. 182 ...... 40°05.6′ N. 70°17.7′ W. 4...... 39°58.1′ N. 70°19.4′ W. 183 ...... 40°06.5′ N. 70°40.05′ W. 5...... 39°57.0′ N. 70°19.85′ W. 184 ...... 40°11.05′ N. 70°45.8′ W. 6...... 39°57.55′ N. 70°21.25′ W. 185 ...... 40°12.75′ N. 70°55.05′ W. 7...... 39°57.5′ N. 70°22.8′ W. 186 ...... 40°10.7′ N. 71°10.25′ W. 8...... 39°57.1′ N. 70°25.4′ W. 187 ...... 39°57.9′ N. 71°28.7′ W.
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Point Latitude Longitude Point Latitude Longitude
188 ...... 39°55.6′ N. 71°41.2′ W. 201 ...... 40°01.70′ N. 69°37.40′ W. 189 ...... 39°55.85′ N. 71°45.0′ W. 202 ...... 40°00.50′ N. 69°38.80′ W. ° ′ ° ′ 190 ...... 39 53.75 N. 71 52.25 W. 203 ...... 40°01.30′ N. 69°45.00′ W. ° ′ ° ′ 191 ...... 39 47.2 N. 72 01.6 W. 204 ...... 40°02.10′ N. 69°45.00′ W. 192 ...... 39°33.65′ N. 72°15.0′ W. 205 ...... 40°07.60′ N. 70°04.50′ W. to 70 206 ...... 40°07.80′ N. 70°09.20′ W. Offshore Boundary to 119
to 182 Offshore Boundary 49 ...... 40°02.75′ N. 70°16.1′ W. 50 ...... 40°00.7′ N. 70°18.6′ W. 69 ...... 40°07.90′ N. 68°36.00′ W. 51 ...... 39°59.8′ N. 70°21.75′ W. 70 ...... 40°07.20′ N. 68°38.40′ W. ° ′ ° ′ 52 ...... 39 59.75 N. 70 25.5 W. 71 ...... 40°06.90′ N. 68°46.50′ W. 53 ...... 40°03.85′ N. 70°28.75′ W. ° ′ ° ′ ° ′ ° ′ 72 ...... 40 08.70 N. 68 49.60 W. 54 ...... 40 00.55 N. 70 32.1 W. ° ′ ° ′ 55 ...... 39°59.15′ N. 70°34.45′ W. 73 ...... 40 08.10 N. 68 51.00 W. ° ′ ° ′ 56 ...... 39°58.9′ N. 70°38.65′ W. 74 ...... 40 05.70 N. 68 52.40 W. 57 ...... 40°00.1′ N. 70°45.1′ W. 75 ...... 40°03.60′ N. 68°57.20′ W. 58 ...... 40°00.5′ N. 70°57.6′ W. 76 ...... 40°03.65′ N. 69°00.00′ W. 59 ...... 40°02.0′ N. 71°01.3′ W. 77...... 40°04.35′ N. 69°00.50′ W. 60 ...... 39°59.3′ N. 71°18.4′ W. 78 ...... 40°05.20′ N. 69°00.50′ W. ° ′ ° ′ 61 ...... 40 00.7 N. 71 19.8 W. 79 ...... 40°05.30′ N. 69°01.10′ W. ° ′ ° ′ 62 ...... 39 57.5 N. 71 20.6 W. 80 ...... 40°08.90′ N. 69°01.75′ W. 63 ...... 39°53.1′ N. 71°36.1′ W. 81 ...... 40°11.00′ N. 69°03.80′ W. 64 ...... 39°52.6′ N. 71°40.35′ W. ° ′ ° ′ 65 ...... 39°53.1′ N. 71°42.7′ W. 82 ...... 40 11.60 N. 69 05.40 W. ° ′ ° ′ 66 ...... 39°46.95′ N. 71°49.0′ W. 83 ...... 40 10.25 N. 69 04.40 W. 67 ...... 39°41.15′ N. 71°57.1′ W. 84 ...... 40°09.75′ N. 69°04.15′ W. 68 ...... 39°35.45′ N. 72°02.0′ W. 85 ...... 40°08.45′ N. 69°03.60′ W. 69 ...... 39°32.65′ N. 72°06.1′ W. 86 ...... 40°05.65′ N. 69°03.55′ W. 70 ...... 39°29.75′ N. 72°09.8′ W. 87 ...... 40°04.10′ N. 69°03.90′ W. to 192 88 ...... 40°02.65′ N. 69°05.60′ W. 89 ...... 40°02.00′ N. 69°08.35′ W. (2) Duration. (i) Mobile gear. From 90 ...... 40°02.65′ N. 69°11.15′ W. June 16 through November 26, no fish- 91 ...... 40°00.05′ N. 69°14.60′ W. ing vessel with mobile gear or person 92 ...... 39°57.80′ N. 69°20.35′ W. on a fishing vessel with mobile gear 93 ...... 39.56.75′ N. 69°24.40′ W. ° ′ ° ′ may fish, or be in Restricted Gear Area 94 ...... 39 56.50 N. 69 26.35 W. 95 ...... 39.56.80′ N. 69°34.10′ W. III unless transiting. Vessels may tran- 96 ...... 39°57.85′ N. 69°35.05′ W. sit this area provided that all mobile 97 ...... 40°00.65′ N. 69°36.50′ W. gear is on board the vessel while inside 98 ...... 40°00.90′ N. 69°37.30′ W. the area. 99 ...... 39°59.15′ N. 69°37.30′ W. (ii) Lobster pot gear. From January 1 100 ...... 39°58.80′ N. 69°38.45′ W. ° ′ ° ′ through April 30, no fishing vessel with 102 ...... 39 56.20 N. 69 40.20 W. 103 ...... 39°55.75′ N. 69°41.40′ W. lobster pot gear or person on a fishing 104 ...... 39°56.70′ N. 69°53.60′ W. vessel with lobster pot gear may fish, 105 ...... 39°57.55′ N. 69°54.05′ W. and no lobster pot gear may be de- 106 ...... 39°57.40′ N. 69°55.90′ W. ployed or remain, in Restricted Gear 107 ...... 39°56.90′ N. 69°57.45′ W. Area III. 108 ...... 39°58.25′ N. 70°03.00′ W. (m) Restricted Gear Area IV. (1) Re- 110 ...... 39°59.20′ N. 70°04.90′ W. ° ′ ° ′ stricted Gear Area IV is defined by 111 ...... 40 00.70 N. 70 08.70 W. 112 ...... 40°03.75′ N. 70°10.15′ W. straight lines connecting the following 115 ...... 40°05.20′ N. 70°10.90′ W. points in the order stated: 116 ...... 40°02.45′ N. 70°14.1′ W. 119 ...... 40°02.75′ N. 70°16.1′ W. Point Latitude Longitude to 206 Inshore Boundary (2) Duration. (i) Mobile gear. From 193 ...... 40°13.60′ N. 68°40.60′ W. June 16 through September 30, no fish- 194 ...... 40°11.60′ N. 68°53.00′ W. 195 ...... 40°14.00′ N. 69°04.70′ W. ing vessel with mobile gear or person 196 ...... 40°14.30′ N. 69°05.80′ W. on a fishing vessel with mobile gear 197 ...... 40°05.50′ N. 69°09.00′ W. may fish, or be in Restricted Gear Area 198 ...... 39°57.30′ N. 69°25.10′ W. 199 ...... 40°00.40′ N. 69°35.20′ W. IV unless transiting. Vessels may tran- 200 ...... 40°01.70′ N. 69°35.40′ W. sit this area provided that all mobile
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gear is on board the vessel while inside cation baseline for the 1997 fishing year the area. and beyond, as calculated under para- graph (d)(1) of this section. [61 FR 34968, July 3, 1996, as amended at 61 FR 55777, Oct. 29, 1996; 62 FR 9379, Mar. 3, (ii) Initial assignment. Any vessel 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 15388, issued a valid limited access multispe- Apr. 1, 1997; 63 FR 7730, Feb. 17, 1998; 63 FR cies Individual DAS permit as of July 11595, Mar. 10, 1998; 63 FR 15331, Mar. 31, 1998; 1, 1996, except those that have been 63 FR 25416, May 8, 1998; 64 FR 24075, May 5, issued a gillnet permit, shall be ini- 1999; 64 FR 31151, June 10, 1999; 64 FR 42048, tially assigned to the Individual DAS Aug. 3, 1999] category. § 648.82 Effort-control program for (2) Fleet DAS category—(i) DAS alloca- limited access vessels. tion. A vessel fishing under the Fleet DAS category shall be allocated 116 (a) General. Except as provided in DAS (139 DAS multiplied by the prora- § 648.17, a vessel issued a limited access tion factor of 0.833) for the 1996 fishing multispecies permit may not fish for, year, unless a vessel qualifies for a res- possess, or land regulated species, ex- toration of DAS under paragraph (j) of cept during a DAS as allocated under this section, and 88 DAS for the 1997 and in accordance with the applicable DAS program described in this section, fishing year and beyond. unless otherwise provided elsewhere in (ii) Initial assignment. Any vessel this part. issued a valid Fleet DAS permit, (1) End-of-year carry-over. With the Gillnet permit, limited access Hook- exception of vessels that held a Con- Gear permit, or a vessel issued a Less firmation of Permit History as de- than or equal to 45 ft (13.7 m) permit scribed in § 648.4(a)(1)(i)(J) for the en- that is larger than 20 ft (6.1 m) in tire fishing year preceding the carry- length as determined by its most re- over year, limited access vessels that cent permit application, as of July 1, have unused DAS on the last day of 1996, shall be initially assigned to the April of any year, may carry over a Fleet DAS category. maximum of 10 DAS into the next year. (3) Small vessel category—(i) DAS allo- DAS sanctioned vessels will be credited cation. A vessel qualified and electing with unused DAS based on their DAS to fish under the small vessel category allocation minus total DAS sanctioned. may retain up to 300 lb (136.1 kg) of (2) [Reserved] cod, haddock, and yellowtail flounder, (b) DAS program—permit categories, al- combined, per trip without being sub- locations and initial assignments to cat- ject to DAS restrictions, provided that egories. Beginning with the 1996 fishing the amount of cod on board does not year, all limited access multispecies exceed the daily cod limit specified in permit holders shall be assigned to one § 648.86(a)(2) and (b), up to a maximum of the following DAS permit categories of 300 lb (136.1 kg) of cod for the entire according to the criteria specified. Per- trip. Such a vessel is not subject to a mit holders may request a change in possession limit for other NE multispe- permit category for the 1996 fishing cies. year and all fishing years thereafter, as (ii) Initial assignment. A vessel issued specified in § 648.4(a)(1)(i)(I)(2). Each a valid limited access multispecies per- fishing year shall begin on May 1 and mit and fishing under the small vessel extend through April 30 of the fol- category (less than or equal to 45 ft lowing year. (13.7 m)) permit as of July 1, 1996, and (1) Individual DAS category—(i) DAS that is 20 ft (6.1 m) or less in length as allocation. A vessel fishing under the determined by the vessel’s last applica- Individual DAS category shall be allo- tion for a permit, shall be initially as- cated 65 percent of its initial 1994 allo- signed to the small vessel category. cation baseline, as established under Any other vessel may elect to switch Amendment 5 to the NE Multispecies into this category, as provided for in FMP, multiplied by the proration fac- § 648.4(a)(1)(i)(I)(2), if such vessel meets tor of 0.833 for the 1996 fishing year, un- or complies with the following: less a vessel qualifies for a restoration (A) The vessel is 30 ft (9.1 m) or less of DAS under paragraph (j) of this sec- in length overall as determined by tion, and 50 percent of its initial allo- measuring along a horizontal line
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drawn from a perpendicular raised from (ii) Initial assignment. No vessel shall the outside of the most forward portion be initially assigned to the Hook-Gear of the stem of the vessel to a perpen- category. Any vessel that meets the dicular raised from the after most por- qualifications specified in § 648.4(a)(1)(i) tion of the stern. may apply for and obtain a permit to (B) If construction of the vessel was fish under this category. begun after May 1, 1994, the vessel (5) Combination vessel category—(i) must be constructed such that the DAS allocation. A vessel fishing under quotient of the overall length divided the Combination Vessel category shall by the beam is not less than 2.5. be allocated 65 percent of its initial (C) Acceptable verification for ves- 1994 allocation baseline, as established sels 20 ft (6.1 m) or less in length shall under Amendment 5 to the NE Multi- be USCG documentation or state reg- species FMP, multiplied by the prora- istration papers. For vessels over 20 ft tion factor of 0.833 for the 1996 fishing (6.1 m) in length, the measurement of year, unless a vessel qualifies for a res- length must be verified in writing by a toration of DAS under paragraph (j) of qualified marine surveyor, or the build- this section, and 50 percent of its ini- er, based on the vessel’s construction tial allocation baseline for the 1997 plans, or by other means determined fishing year and beyond, as calculated acceptable by the Regional Adminis- under paragraph (d)(1) of this section. trator. A copy of the verification must (ii) Initial assignment. A vessel issued accompany an application for a multi- a valid limited access multispecies per- species permit. mit qualified to fish as a combination vessel as of July 1, 1996, shall be as- (D) Adjustments to the small vessel signed to the combination vessel cat- category requirements, including egory. changes to the length requirement, if (6) Large Mesh Individual DAS cat- required to meet fishing mortality egory—(i) DAS allocation. A vessel fish- goals, may be made by the Regional ing under the Large Mesh Individual Administrator following framework DAS category shall be allocated a DAS procedures of § 648.90. increase of 12 percent in year 1 and 36 (4) Hook-Gear category—(i) DAS alloca- percent in year 2 and beyond over the tion. Any vessel issued a valid limited DAS allocations specified in paragraph access multispecies Hook-Gear permit (b)(1)(i) of this section (this includes shall be allocated 116 DAS (139 DAS the proration factor for 1996). To be eli- multiplied by the proration factor of gible to fish under the Large Mesh In- 0.833) for the 1996 fishing year and 88 dividual DAS category, a vessel, while DAS for the 1997 fishing year and be- fishing under this category, must fish yond. A vessel fishing under this cat- with gillnet gear with a minimum size egory in the DAS program must meet of 7-inch (17.78 cm) diamond mesh or or comply with the following while with trawl gear with a minimum mesh fishing for, in possession of, or landing size of 8-inch (20.32 cm) diamond mesh, regulated species: for the entire year, as described under (A) Vessels, and persons on such ves- § 648.80(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). sels, are prohibited from possessing (ii) Initial assignment. No vessel shall gear other than hook gear on board the be initially assigned to the large mesh vessel. individual DAS category. Any vessel (B) Vessels, and persons on such ves- that is initially assigned to the indi- sels, are prohibited from fishing, set- vidual DAS, fleet DAS, or small vessel ting, or hauling back, per day, or pos- category may request and be granted a sessing on board the vessel, more than switch into this category as specified 4,500 rigged hooks. An unbaited hook in § 648.4(a)(1)(i)(I)(2). and gangion that has not been secured (7) Large Mesh Fleet DAS category—(i) to the ground line of the trawl on DAS allocation. A vessel fishing under board a vessel is deemed to be a re- the Large Mesh Fleet DAS category placement hook and is not counted to- shall be allocated 129 DAS (155 DAS ward the 4,500-hook limit. A ‘‘snap-on’’ multiplied by the proration factor of hook is deemed to be a replacement 0.833) for the 1996 fishing year, unless a hook if it is not rigged or baited. vessel qualifies for a restoration of
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DAS under paragraph (j) of this sec- from port for a trip where greater than tion, and 120 DAS for the 1997 fishing 10 percent of the vessel’s total landings year, and beyond. To be eligible to fish were comprised of regulated species, under the Large Mesh Fleet DAS cat- minus any days for such trips in which egory, a vessel while fishing under this a scallop dredge was used; category must fish with gillnet gear (ii) Exclude the year of least NE with a minimum mesh size of 7–inch multispecies DAS; and (17.78–cm) diamond mesh or trawl gear (iii) If 2 years of multispecies DAS with a minimum mesh size of 8–inch are remaining, average those years’ (20.32–cm) diamond mesh, as described DAS; or under § 648.80(a)(2)(ii), (b)(2)(ii), and (iv) If only 1 year remains, use that (c)(2)(ii). year’s DAS. (ii) Initial assignment. No vessel shall (2) Appeal of DAS allocation—(i) Ini- be initially assigned to the large mesh tial allocations of individual DAS to fleet DAS category. Any vessel that is those vessels authorized to appeal initially assigned to the individual under paragraph (c) of this section may DAS, fleet DAS, or small vessel cat- be appealed to the Regional Adminis- egory may request and be granted a trator if a request to appeal is received switch into this category as specified by the Regional Administrator no later in § 648.4(a)(1)(i)(I)(2). than August 31, 1996, or 30 days after (c) 1996 DAS appeals. (1) Previously ex- the initial allocation is made, which- empted vessels. A vessel that was issued ever is later. Any such appeal must be a valid 1995 limited access multispecies in writing and be based on one or more permit, and that has been fishing under of the following grounds: the small vessel (less than or equal to (A) The information used by the Re- 45 ft (13.7 m)), hook-gear, or gillnet cat- gional Administrator was based on egories, is eligible to appeal its alloca- mistaken or incorrect data. tion of DAS, if it has not previously (B) The applicant was prevented by done so, as described under paragraph circumstances beyond his/her control (d)(2) of this section. Each vessel’s ini- from meeting relevant criteria. tial allocation of DAS will be consid- (C) The applicant has new or addi- ered to be 176 DAS for purposes of this tional information. appeal (i.e., the fleet DAS category (ii) The Regional Administrator will baseline prior to the 1996–1997 reduc- appoint a designee who will make an tions). initial decision on the written appeal. (2) Exempted gillnet vessels that held an (iii) If the applicant is not satisfied individual DAS permit. A vessel that was with the initial decision, the applicant issued a valid 1995 limited access may request that the appeal be pre- multispecies permit and that has been sented at a hearing before an officer fishing under both the gillnet and indi- appointed by the Regional Adminis- vidual DAS categories, is eligible to trator. appeal its allocation of gillnet DAS, as (iv) The hearing officer shall present described under paragraph (d)(2) of this his/her findings to the Regional Admin- section. Each vessel’s initial allocation istrator and the Regional Adminis- of DAS will be considered to be 176 trator will make a decision on the ap- DAS for purposes of this appeal (i.e., peal. The Regional Administrator’s de- the fleet DAS category baseline prior cision on this appeal is the final admin- to the 1996–1997 reductions). istrative decision of the Department of (d) Individual DAS allocations—(1) Cal- Commerce. culation of a vessel’s individual DAS. The (3) Status of vessels pending appeal of DAS assigned to a vessel for purposes DAS allocations. While a vessel’s indi- of determining that vessel’s annual al- vidual DAS allocation is under appeal, location under the individual DAS pro- the vessel may fish under the fleet DAS gram is calculated as follows: category until the Regional Adminis- (i) Count the total number of the ves- trator has made a final determination sel’s NE multispecies DAS for the on the appeal. Any DAS spent fishing years 1988, 1989, and 1990. NE multispe- for regulated species by a vessel while cies DAS are deemed to be the total that vessel’s initial DAS allocation is number of days the vessel was absent under appeal, shall be counted against
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any DAS allocation that the vessel Regional Administrator following the may ultimately receive. framework procedures of § 648.90. (e) Accrual of DAS. Same as § 648.53(e). (j) Restoration of unused DAS. Vessels (f) Good Samaritan credit. Same as that held valid 1996 Amendment 5 NE § 648.53(f). multispecies permits in the Individual, (g) Spawning season restrictions. A ves- Fleet or Combination Vessel categories sel issued a valid Small Vessel permit are eligible for restoration of unused under paragraph (b)(3) of this section DAS if DAS fished during May and may not fish for, possess, or land regu- June 1996 was less than one-sixth of lated species from March 1 through their 1996 Amendment 7 allocation. March 20 of each year. Any other vessel Restoration of DAS will be based on issued a limited access multispecies the NE multispecies permit category permit must declare out and be out of held on August 16, 1996. These vessels the NE multispecies DAS program, as will be automatically credited with described in paragraph (b) of this sec- DAS equal to the difference between tion, for a 20-day period between March the proration reduction and their DAS 1 and May 31 of each calendar year fished during May and June 1996, as re- using the notification requirements corded in the NMFS call-in system specified in § 648.10. A vessel fishing specified at § 648.10(c) (or on other under a Day gillnet category designa- verifiable evidence of days spent fish- tion is prohibited from fishing with ing for multispecies). If the number of gillnet gear capable of catching multi- DAS fished during this time period ex- species during its declared 20-day ceeded the proration reduction spawning block, unless the vessel is amount, those days will not be sub- fishing in an exempted fishery as de- tracted from a vessel’s 1996 allocation. scribed in § 648.80. If a vessel owner has (k) Gillnet restrictions. Vessels issued not declared and been out for a 20-day a limited access NE multispecies per- period between March 1 and May 31 of mit fishing under a multispecies DAS each calendar year on or before May 12 with gillnet gear must obtain an an- of each year, the vessel is prohibited nual designation as either a Day from fishing for, possessing or landing gillnet or Trip gillnet vessel as de- any regulated species or non-exempt scribed in § 648.4(c)(2)(iii)(B). species during the period May 12 through May 31, inclusive. If a vessel (1) Day gillnet vessels. A Day gillnet has taken a spawning season 20-day vessel fishing with gillnet gear under a block out of the NE multispecies DAS multispecies DAS is not required to re- program during May 1996, it is not re- move gillnet gear from the water upon quired to take a 20-day block out of the returning to the dock and calling-out NE multispecies DAS program in 1997. of the DAS program, provided: Beginning January 1, 1998, any such (i) Number and size of nets. Vessels vessel must comply with the spawning may not fish with, haul, possess, or de- season restriction specified in this ploy more than 80 roundfish gillnets or part. 160 flatfish gillnets. Vessels may fish (h) Declaring DAS and blocks of time any combination of roundfish and flat- out. A vessel’s owner or authorized rep- fish gillnets, up to 160 nets, provided resentative shall notify the Regional that the number of roundfish and flat- Administrator of a vessel’s participa- fish gillnets does not exceed the limita- tion in the DAS program, declaration tions specified in this subparagraph, of its 120 days out of the non-exempt and the nets are tagged in accordance gillnet fishery if designated as a Day with paragraph (k)(1)(ii) of this sec- gillnet category vessel, and declaration tion. Nets may not be longer than 300 ft of its 20-day period out of the NE (91.44 m), or 50 fathoms, in length. multispecies DAS program, using the (ii) Tagging requirements. Beginning notification requirements specified in June 1, 1997, when under a NE multi- § 648.10. species DAS, all roundfish gillnets (i) Adjustments in annual DAS alloca- fished, hauled, possessed, or deployed tions. Adjustments in annual DAS allo- must have two tags per net, with one cations, if required to meet fishing tag secured to each bridle of every net mortality goals, may be made by the within a string of nets and all flatfish
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gillnets fished, hauled, possessed, or de- 15 hours DAS for each trip greater than ployed must have one tag per net, with 3 hours but less than or equal to 15 one tag secured to every other bridle of hours. Such vessels will accrue actual every net within a string of nets. Tags DAS time at sea for trips less than or must be obtained as described in equal to 3 hours or greater than 15 § 648.4(c)(2)(iii), and vessels must have hours. on board written confirmation issued (vi) Lost tags. Vessel owners or opera- by the Regional Administrator, indi- tors are required to report lost, de- cating that the vessel is a Day gillnet stroyed, and missing tag numbers as vessel. The vessel operator must soon as feasible after tags have been produce all net tags upon request by an discovered lost, destroyed or missing, authorized officer. by letter or fax to the Regional Admin- (iii) All gillnet gear is brought to istrator. port prior to the vessel fishing in an (vii) Replacement tags. Vessel owners exempted fishery. or operators seeking replacement of (iv) Declaration of time out of the lost, destroyed, or missing tags must gillnet fishery. (A) During each fishing request replacement of tags by letter year, vessels must declare, and take, a or fax to the Regional Administrator. total of 120 days out of the non-exempt A check for the cost of the replacement gillnet fishery. Each period of time de- tags must be received before tags will clared and taken must be a minimum be re-issued. of 7 consecutive days. At least 21 days (2) Trip gillnet vessels. When fishing of this time must be taken between under a multispecies DAS, a Trip June 1 and September 30 of each fishing gillnet vessel is required to remove all year. The spawning season time out pe- gillnet gear from the water before call- riod required by § 648.82(g) will be cred- ing-out of a multispecies DAS under ited toward the 120 days time out of § 648.10(c)(3). When not fishing under a the non-exempt gillnet fishery. If a multispecies DAS, Trip gillnet vessels vessel owner has not declared and may fish in an exempted fishery with taken, any or all of the remaining peri- gillnet gear as authorized under the ex- ods of time required by the last pos- emptions described in § 648.80. Vessels sible date to meet these requirements, electing to fish under the Trip gillnet the vessel is prohibited from fishing designation must have on board writ- for, possessing, or landing regulated ten confirmation issued by the Re- multispecies or non-exempt species gional Administrator, that the vessel is harvested with gillnet gear, and from a Trip gillnet vessel. having gillnet gear on board the vessel [61 FR 34968, July 3, 1996, as amended at 62 that is not stowed in accordance with FR 2620, Jan. 17, 1997; 62 FR 14650, Mar. 27, § 648.81(e)(4), while fishing under a 1997; 62 FR 15388, Apr. 1, 1997; 62 FR 37156, multispecies DAS, from that date July 11, 1997; 62 FR 49149, Sept. 19, 1997; 63 FR through the end of the period between 11595, Mar. 10, 1998; 63 FR 42592, Aug. 10, 1998; June 1 and September 30, or through 64 FR 24076, May 5, 1999] the end of the fishing year, as applica- EFFECTIVE DATE NOTE: At 64 FR 42045, Aug. ble. 3, 1999, § 648.82 was amended by suspending (B) Vessels shall declare their periods paragraph (b)(3)(i) and adding paragraph of required time out following the noti- (b)(3)(iii), effective Aug. 3, 1999 through Jan. fication procedures specified in 30, 2000. For the convenience of the user, the § 648.10(f)(2). added text follows: (C) During each period of time de- clared out, a vessel is prohibited from § 648.82 Effort-control program for limited access vessels. fishing with non-exempted gillnet gear. However, the vessel may fish in an ex- empted fishery as described in § 648.80, * * * * * or it may fish under a multispecies (b) * * * DAS provided it fishes with gear other (3) * * * than non-exempted gillnet gear. (iii) DAS allocation. A vessel qualified (v) Method of counting DAS. Day and electing to fish under the small gillnet vessels fishing with gillnet gear vessel category may retain up to 300 lb under a multispecies DAS will accrue (136.1 kg) of cod, haddock, and
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yellowtail flounder, combined, per trip pliance with the possession limits spec- without being subject to DAS restric- ified in § 648.86, the weight of fillets and tions, provided that the amount of cod parts of fish, other than whole-gutted on board does not exceed the daily cod or gilled fish, will be multiplied by 3. limit specified in § 648.86(b), up to a (2) Recreational, party, and charter maximum of 300 lb (136.1 kg) of cod for vessels may possess fillets less than the the entire trip. Such a vessel is not minimum size specified, if the fillets subject to a possession limit for other are taken from legal-sized fish and are NE multispecies. not offered or intended for sale, trade or barter. * * * * * (3) Vessels fishing exclusively with pot gear may possess multispecies § 648.83 Minimum fish sizes. frames used, or to be used, as bait that (a) Minimum fish sizes. (1) Minimum measure less than the minimum fish fish sizes for recreational vessels and size, if there is a receipt for purchase of charter/party vessels that are not fish- those frames on board the vessel. ing under a NE multispecies DAS are (c) Adjustments. (1) At any time when specified in § 648.89. Except as provided information is available, the NEFMC in § 648.17, all other vessels are subject will review the best available mesh se- to the following minimum fish sizes lectivity information to determine the (TL): appropriate minimum size for the spe- cies listed in paragraph (a) of this sec- MINIMUM FISH SIZES (TL) tion, except winter flounder, according to the length at which 25 percent of the Species Size (Inches) regulated species would be retained by Cod ...... 19 (48.3 cm) the applicable minimum mesh size. Haddock ...... 19 (48.3 cm) (2) Upon determination of the appro- Pollock ...... 19 (48.3 cm) Witch flounder (gray sole) ...... 14 (35.6 cm) priate minimum sizes, the NEFMC Yellowtail flounder ...... 13 (33.0 cm) shall propose the minimum fish sizes to American plaice (dab) ...... 14 (35.6 cm) be implemented following the proce- Winter flounder (blackback) ...... 12 (30.48 cm) Redfish ...... 9 (22.9 cm) dures specified in § 648.90. (3) Additional adjustments or (2) The minimum fish size applies to changes to the minimum fish sizes whole fish or to any part of a fish while specified in paragraph (a) of this sec- possessed on board a vessel, except as tion, and exemptions as specified in provided in paragraph (b) of this sec- paragraph (b) of this section, may be tion, and to whole, whole gutted or made at any time after implementa- gilled fish only, after landing. For pur- tion of the final rule as specified under poses of determining compliance with § 648.90. the possession limits in § 648.86, the [61 FR 34968, July 3, 1996, as amended at 61 weight of fillets and parts of fish, other FR 49277, Sept. 19, 1996; 63 FR 11595, Mar. 10, than whole-gutted or gilled fish, will be 1998; 63 FR 42592, Aug. 10, 1998; 64 FR 24076, multiplied by 3. Fish fillets, or parts of May 5, 1999] fish, must have skin on while possessed on board a vessel and at the time of § 648.84 Gear-marking requirements landing in order to meet minimum size and gear restrictions. requirements. ‘‘Skin on’’ means the en- (a) Bottom-tending fixed gear, in- tire portion of the skin normally at- cluding, but not limited to gillnets and tached to the portion of the fish or to longlines, designed for, capable of, or fish parts possessed is still attached. fishing for NE multispecies must have (b) Exceptions. (1) Each person aboard the name of the owner or vessel, or the a vessel issued a multispecies limited official number of that vessel perma- access permit and fishing under the nently affixed to any buoys, gillnets, DAS program may possess up to 25 lb longlines, or other appropriate gear so (11.3 kg) of fillets that measure less that the name of the owner or vessel or than the minimum size if such fillets official number of the vessel is visible are from legal-sized fish and are not of- on the surface of the water. fered or intended for sale, trade, or bar- (b) Bottom-tending fixed gear, in- ter. For purposes of determining com- cluding, but not limited to gillnets or
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longline gear, must be marked so that (c) The NEFMC shall prepare an eco- the westernmost end (measuring the nomic impact analysis of the potential half compass circle from magnetic management options under consider- south through west to, and including, ation within the deadlines specified in north) of the gear displays a standard Amendment 3. 12-inch (30.5-cm) tetrahedral corner (d) Copies of the analysis and reports radar reflector and a pennant posi- prepared by the Regional Adminis- tioned on a staff at least 6 ft (1.8 m) trator and the NEFMC shall be made above the buoy. The easternmost end available for public review at the (meaning the half compass circle from NEFMC’s office and the Committee magnetic north through east to, and shall hold a meeting/public hearing, at including, south) of the gear need dis- which time it shall review the analysis play only the standard 12-inch (30.5-cm) and reports and request public com- tetrahedral radar reflector positioned ments. Upon review of all available in the same way. sources of information, the Committee (c) Continuous gillnets must not ex- shall determine what course of action ceed 6,600 ft (2,011.7 m) between the end is warranted by the facts and make a buoys. recommendation, consistent with the (d) In the GOM/GB regulated mesh provisions of Amendment 3 to the Re- area specified in § 648.80(a), gillnet gear gional Administrator. set in an irregular pattern or in any (e) By the deadline set in Amendment way that deviates more than 30° from 3 the Regional Administrator shall ei- the original course of the set must be ther accept or reject the Committee’s marked at the extremity of the devi- recommendation. If the recommended ation with an additional marker, which action is consistent with the record es- must display two or more visible tablished by the fact-finding report, streamers and may either be attached impact analysis, and comments re- to or independent of the gear. ceived at the public hearing, he/she § 648.85 Flexible Area Action System. shall accept the Committee’s rec- ommendation and implement it (a) The Chair of the Multispecies through notification in the FEDERAL Oversight Committee, upon learning of Register and by notice sent to all ves- the presence of discard problems asso- sel owners holding multispecies per- ciated with large concentrations of ju- venile, sublegal, or spawning multispe- mits. The Regional Administrator shall cies, shall determine if the situation also use other appropriate media, in- warrants further investigation and pos- cluding, but not limited to, mailings to sible action. In making this determina- the news media, fishing industry asso- tion, the Committee Chair shall con- ciations and radio broadcasts, to dis- sider the amount of discard of regu- seminate information on the action to lated species, the species targeted, the be implemented. number and types of vessels operating (f) Once implemented, the Regional in the area, the location and size of the Administrator shall monitor the af- area, and the resource condition of the fected area to determine if the action impacted species. If he/she determines is still warranted. If the Regional Ad- it is necessary, the Committee Chair ministrator determines that the cir- will request the Regional Adminis- cumstances under which the action was trator to initiate a fact finding inves- taken, based on the Regional Adminis- tigation to verify the situation and trator’s report, the NEFMC’s report, publish notification in the FEDERAL and the public comments, are no longer REGISTER requesting public comments in existence, he/she shall terminate the in accordance with the procedures action by notification in the FEDERAL therefor in Amendment 3 to the NE REGISTER. Multispecies FMP. (g) Actions taken under this section (b) After examining the facts, the Re- will ordinarily become effective upon gional Administrator shall, within the the date of filing with the Office of the deadlines specified in Amendment 3, Federal Register. The Regional Admin- provide the technical analysis required istrator may determine that facts war- by Amendment 3. rant a delayed effective date.
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§ 648.86 Possession restrictions. (2) Scallop dredge vessels. (i) No person owning or operating a scallop dredge Except as provided in § 648.17, the fol- vessel issued a multispecies permit lowing possession restrictions apply: may land haddock from, or possess (a) Haddock—(1) NE multispecies DAS haddock on board, a scallop dredge ves- vessels. (i) Except as provided in para- sel, from January 1 through June 30. graphs (a)(1)(ii) and (a)(1)(iii) of this (ii) No person owning or operating a section, a vessel that fishes under a NE scallop dredge vessel without a multi- multispecies DAS may land up to 2,000 species permit may possess haddock in, lb (907.2 kg) of haddock per DAS fished, or harvested from, the EEZ, from Janu- or any part of a DAS fished, up to 20,000 ary 1 through June 30. lb (9071.8 kg) per trip, provided it has at (iii) Except for vessels fishing under least one standard tote on board. Had- the Georges Bank Sea Scallop Exemp- dock on board a vessel subject to this tion Program from July 1 through De- landing limit must be separated from cember 31, 1999, as provided in other species of fish and stored so as to § 648.58(c)(6)(ii), scallop dredge vessels be readily available for inspection. or persons owning or operating a scal- (ii) When the Regional Administrator lop dredge vessel that is fishing under projects that 75 percent of the target a scallop DAS allocated under § 648.53 TAC will be harvested (9.3 million lb may land or possess on board up to 300 (4,218.5 mt) for the 1999 fishing year), lb (136.1 kg) of haddock, provided that NMFS may publish a notification in the vessel has at least one standard the FEDERAL REGISTER that, as of a tote on board. This restriction does not specific date, the limit specified in apply to vessels issued NE multispecies paragraph (a)(1)(i) of this section is re- Combination Vessel permits that are duced to either a 1,000 lb (453.6 kg) per fishing under a multispecies DAS. Had- trip possession limit restriction, or to dock on board a vessel subject to this a landing limit restriction of 1,000 lb possession limit must be separated (453.6 kg) per DAS fished, 10,000 lb from other species of fish and stored so (4,536.0 kg) maximum, depending on the as to be readily available for inspec- risk of exceeding the target TAC. Had- tion. dock on board a vessel subject to this (b) Cod—(1) Gulf of Maine Cod Landing landing limit must be separated from Limit. (i) Except as provided in para- other species of fish and stored so as to graphs (b)(1)(ii) and (b)(4) of this sec- be readily available for inspection. tion, and subject to the cod landing Vessels subject to this landing limit limit call-in provision specified at must have at least one standard tote § 648.10(f)(3)(i), a vessel fishing under a on board. NE multispecies DAS may land up to (iii) Paragraph (a)(1)(ii) of this sec- 200 lb (90.7 kg) of cod per DAS, or any tion notwithstanding, beginning Octo- part of a DAS, unless otherwise speci- ber 1, 1999, through April 30, 2000, if the fied in this paragraph. Vessels calling- Regional Administrator projects that out of the multispecies DAS program less than 75 percent of the target TAC under § 648.10(c)(3) that have utilized will be harvested (9.3 million lb (4,218.5 part of a DAS (less than 24 hours) may mt) for the 1999 fishing year) by April land up to an additional 200 lb (90.7 kg) 30, 2000, NMFS may publish a notifica- of cod for that part of a DAS; however, tion in the FEDERAL REGISTER that, as such vessels may not end any subse- of a specific date, the limit is increased quent trip with cod on board within the to the amount that the Regional Ad- 24-hour period following the beginning ministrator projects will be sufficient of the part of the DAS utilized (e.g., a to allow harvesting of at least 9.3 mil- vessel that has called-in to the multi- lion lb (4,218.5 mt) by April 30, 2000. species DAS program at 3 p.m. on a Haddock on board a vessel subject to Monday and ends its trip the next day this landing limit must be separated (Tuesday) at 4 p.m. (accruing a total of from other species of fish and stored so 25 hours) may legally land up to 400 lb as to be readily available for inspec- (181.4 kg) of cod on such a trip, but the tion. Vessels subject to this landing vessel may not end any subsequent trip limit must have at least one standard with cod on board until after 3 p.m. on tote on board. the following day (Wednesday)). When
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the Regional Administrator projects and is offloading and ending its trip by that 30 percent of the FMAX target calling out of the multispecies DAS TAC will be harvested (886,000 lb (402 program does not have to report under mt) for the 1999 fishing year), NMFS this call-in system. will publish a notification in the FED- (iii) A vessel that has not exceeded ERAL REGISTER that, as of a specific the cod landing limit restrictions de- date, the limit is reduced to a specified scribed in paragraph (b)(1)(i) of this amount between 5 lb (2.3 kg) and 100 lb section and that is offloading some or (45.3 kg) per DAS, depending on the all of its catch without calling out of risk of exceeding the target TAC. Cod the multispecies DAS program under on board a vessel subject to this land- § 648.10(c)(3), is subject to the call-in re- ing limit must be separated from other quirement described in paragraph species of fish and stored so as to be (b)(1)(ii)(B) of this section. readily available for inspection. (2) Georges Bank Cod Landing and (ii) A vessel subject to the cod land- Maximum Possession Limits. For the 1999 ing limit restrictions described in para- fishing year, beginning August 15, 1999, graph (b)(1)(i) of this section, and sub- and, ject to the cod landing limit call-in (i) For each fishing year thereafter, provision specified at § 648.10(f)(3)(ii), beginning on May 1, a vessel that is ex- may come into port with and offload empt from the landing limit described cod in excess of the landing limit as de- in paragraph (b)(1) of this section fish- termined by the number of DAS ing under a NE multispecies DAS may elapsed since the vessel called into the land only up to 2,000 lb (907.2 kg) of cod DAS program, provided that: per DAS, or any part of a DAS, up to a (A) The vessel operator does not call- maximum possession limit of 20,000 lb out of the DAS program as described (9,071.8 kg) per trip, unless otherwise under § 648.10(c)(3) and does not depart specified pursuant to paragraph from a dock or mooring in port to en- (b)(2)(ii) of this section. The vessel gage in fishing, unless transiting as al- must have a standard tote on board. lowed in paragraph (b)(3) of this sec- tion, until sufficient time has elapsed Cod on board a vessel subject to these to account for and justify the amount landing and maximum possession lim- of cod harvested at the time of off- its must be separated from other spe- loading regardless of whether all of the cies of fish and stored so as to be read- cod on board is offloaded (e.g., a vessel ily available for inspection. subject to the landing limit restriction, (ii) When the Regional Administrator described in paragraph (b)(1)(i) of this projects that 75 percent of the target section, that has called-in to the multi- TAC will be harvested (8.9 million lb species DAS program at 3 p.m. on Mon- (4,012 mt) for the 1999 fishing year), day and that fishes and comes back NMFS may publish a notification in into port at 4 p.m. on Wednesday of the FEDERAL REGISTER that, as of a that same week with 800 lb (362.9 kg) of specific date, the landing and/or max- cod to offload some or all of its catch imum possession limits specified in cannot call-out of the DAS program or paragraph (b)(2) of this section are re- leave port until 3:01 p.m. the next day, duced to a level calculated to keep Thursday (i.e., 3 days plus one landings below the target TAC based minute)); and on the risk of exceeding the target (B) Upon returning to port and before TAC. Cod on board a vessel subject to offloading, the vessel operator notifies these landings and maximum posses- the Regional Administrator (see Table sion limits must be separated from 1 to § 600.502 of this chapter for the Re- other species of fish and stored so as to gional Administrator’s address) and be readily available for inspection. provides the following information: (iii) Paragraph (b)(2)(i) of this section Vessel name and permit number, owner notwithstanding, between January 1, and caller name, DAS confirmation and April 30 of each fishing year, if the number, phone number, and the hail Regional Administrator projects that weight of cod on board and the amount less than 75 percent of the target TAC of cod to be offloaded, if any. A vessel (8.9 million lb (4,012 mt) for the 1999 that has not exceeded the landing limit fishing year) will be harvested by April
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30, of the fishing year, NMFS may pub- (c) Other possession restrictions. Ves- lish a notification in the FEDERAL REG- sels are subject to all other applicable ISTER that, as of a specific date, the possession limit restrictions as speci- landings and/or maximum possession fied under § 648.58(c)(6), § 648.82(b)(3), limits are increased to the amount § 648.83(b)(1), § 648.88(a) and (c), and that the Regional Administrator § 648.89(c). projects will be sufficient to allow har- (d) Calculation of weight of fillets or vesting of up to 8.9 million lb (4,012 mt) parts of fish. The possession limits de- for the 1999 fishing year by April 30, scribed under this part are based on the 2000. weight of whole, whole-gutted, or gilled (3) Transiting. A vessel that has ex- fish. For purposes of determining com- ceeded the cod landing limit as speci- pliance with the possession limits spec- fied in paragraph (b)(1) of this section, ified in paragraph (a), (b), or (c) of this and is, therefore, subject to the re- section, the weight of fillets and parts quirement to remain in port for the pe- of fish, other than whole-gutted or riod of time described in paragraph gilled fish, as allowed under § 648.83(a) (b)(1)(ii)(A) of this section may transit and (b) will be multiplied by 3. to another port during this time, pro- vided that the vessel operator notifies [61 FR 34968, July 3, 1996, as amended at 62 the Regional Administrator (see Table FR 14650, Mar. 27, 1997; 62 FR 15389, Apr. 1, 1 to § 600.502 of this chapter) either at 1997; 62 FR 37157, July 11, 1997; 63 FR 11595, Mar. 10, 1998; 63 FR 15332, Mar. 31, 1998; 63 FR the time the vessel reports its hailed 42592, Aug. 10, 1998; 64 FR 24076, May 5, 1999; weight of cod or at a later time prior to 64 FR 31151, June 10, 1999; 64 FR 42048, Aug. transiting and provides the following 3, 1999] information: vessel name and permit number, destination port, time of de- EFFECTIVE DATE NOTE: At 64 FR 42045, Aug. 3, 1999, § 648.86 was amended by suspending parture, and estimated time of arrival. paragraphs (b)(1)(i), (b)(1)(ii)(A), and (b)(3) A vessel transiting under this provision and revising paragraphs (b)(1)(iv) and (b)(5), must stow its gear in accordance with effective Aug. 3, 1999 through Jan. 30, 2000. one of the methods specified in For the convenience of the user, the revised § 648.81(e) and may not have any fish on text is set forth as follows: board the vessel. (4) Exemption. A vessel fishing under § 648.86 Possession restrictions. a NE multispecies DAS is exempt from the landing limit described in para- * * * * * graph (b)(1) of this section when fishing south of a line beginning at the Cape (b) * * * Cod, MA coastline at 42°00′ N. lat. and (1) * * * running eastward along 42°00′ N. lat. (iv) Landing limit. Notwithstanding until it intersects with 69°30′ W. long., any other provisions of this part, the then northward along 69°30′ W. long. following measures shall be in effect until it intersects with 42°20′ N. lat., from August 3, 1999 until January 30, then eastward along 42°20′ N. lat. until 2000. Except as provided in paragraph it intersects with 67°20′ W. long., then (b)(2) of this section, and subject to the northward along 67°20′ W. long. until it call-in provision specified in intersects with the U.S.-Canada mari- § 648.10(f)(3)(iii), a vessel fishing under a time boundary, provided that it does NE multispecies DAS may land only up not fish north of this exemption area to 100 lb (45.4 kg) of cod during the first for a minimum of 30 consecutive days 24–hour period after the vessel has (when fishing under the multispecies started a trip on which cod were landed DAS program), and has on board an au- (e.g., a vessel that starts a trip at 6 thorization letter issued by the Re- a.m. may call out of the DAS program gional Administrator. Vessels exempt at ll a.m. and land up to a 100 lb (45.4 from the landing limit requirement kg), but the vessel cannot land any may transit the GOM/GB Regulated more cod on a subsequent trip until at Mesh Area north of this exemption least 6 a.m. on the following day). For area, provided that their gear is stowed each trip longer than 24 hours, a vessel in accordance with one of the provi- may land up to an additional 100 lbs sions of § 648.81(e). (45.4 kg) for each additional 24–hour
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block of DAS fished, or part of an addi- A vessel transiting under this provision tional 24–hour block of DAS fished, up must stow its gear in accordance with to a maximum of 500 lb (226.8 kg) per one of the methods specified in trip (e.g., a vessel that has been called § 648.81(e) and may not have any fish on into the DAS program for 48 hours or board the vessel. less, but more than 24 hours, may land up to but no more than 200 lb (90.7 kg) * * * * * of cod). A vessel that has only been called into part of an additional 24– § 648.87 Gillnet requirements to re- hour block of a DAS (e.g., a vessel that duce or prevent marine mammal has been called into the DAS program takes. for more than 24 hours but less than 48 hours) may land up to an additional 100 (a) Areas closed to gillnet gear capable lb (45.4 kg) of cod for that trip provided of catching multispecies to reduce harbor that the vessel complies with the fol- porpoise takes. All persons owning or lowing: operating vessels in the EEZ portion of (A) The vessel operator does not call- the areas and times specified in para- out of the DAS program as described graphs (a)(1), (2), (3) and (4) of this sec- under § 648.10(c)(3) and does not depart tion must remove all of their sink from a dock or mooring in port, unless gillnet gear and other gillnet gear ca- transiting as allowed in paragraph pable of catching multispecies, with (b)(5) of this section, until the rest of the exception of single pelagic gillnets the additional 24–hour block of the (as described in § 648.81(g)(2)(ii)), and DAS has elapsed regardless of whether may not use, set, haul back, fish with, all of the cod on board is offloaded or possess on board, unless stowed in (e.g., a vessel that has been called into accordance with the requirements of the DAS program for 25 hours, at the § 648.81(e)(4), sink gillnet gear or other time of landing, may land only up to gillnet gear capable of catching multi- 200 lb (90.7 kg) of cod, provided the ves- species, with the exception of single pe- sel does not call out of the DAS pro- lagic gillnet gear (as described in gram or leave port until 48 hours have § 648.81(g)(2)(ii)) in the EEZ portion of elapsed from the beginning of the trip). (B) Comply with paragraph the areas and for the times specified in (b)(1)(ii)(B) of this section. paragraphs (a)(1) through (a)(4) of this (C) Vessels must have at least one section. Also, all persons owning or op- standard tote on board. Cod on board a erating vessels issued a limited access vessel subject to this landing limit multispecies permit must remove all of must be separated from other species of their sink gillnet gear and other gillnet fish and stored so as to be readily gear capable of catching multispecies, available for inspection. with the exception of single pelagic gillnets (as described in * * * * * § 648.81(g)(2)(ii)), from the areas and for the times specified in paragraphs (a)(1) (5) Transiting. A vessel that has ex- through (a)(4) of this section, and may ceeded the cod landing limit as speci- fied in paragraph (b)(1) of this section, not use, set, haul back, fish with, or and is therefore, subject to the require- possess on board, unless stowed in ac- ment to remain in port for the period cordance with the requirements of of time described in paragraph (b)(1)(iv) § 648.81(e)(4), sink gillnets or other of this section may transit to another gillnet gear capable of catching multi- port during this time, provided that species, with the exception of single pe- the vessel operator notifies the Re- lagic gillnets (as described in gional Administrator (see Table 1 to § 648.81(g)(2)(ii)) in the areas and for the § 600.502 of this chapter) either at the times specified in paragraphs (a)(1) time the vessel reports its hailed through (a)(4) of this section. weight of cod or at a later time prior to (1) Mid-coast Closure Area. (i) From transiting and provides the following September 15 through May 31 of each information: vessel name and permit fishing year, the restrictions and re- number, destination port, time of de- quirements specified in paragraph (a) parture, and estimated time of arrival. of this section apply to the Mid-coast
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Closure Area (copies of a chart depict- day of February and April 1 through ing this area are available from the Re- May 31 of each fishing year, provided gional Administrator upon request), that pingers are used in accordance except as provided in paragraph with the requirements found at (a)(1)(ii) of this section, which is the § 229.33(b) of this title. area bounded by straight lines con- (3) Massachusetts Bay Closure Area. (i) necting the following points in the From December 1 through May 31 of order stated. each fishing year, the restrictions and requirements specified in paragraph (a) MID-COAST CLOSURE AREA of this section apply to the Massachu- setts Bay Closure Area (copies of a Point N. latitude W. longitude chart depicting this area are available MC1 ...... 42°30′ (1) from the Regional Administrator upon MC2 ...... 42°30′ 70°15′ request), except as provided in para- MC3 ...... 42°40′ 70°15′ MC4 ...... 42°40′ 70°00′ graph (a)(3)(ii) of this section, which is MC5 ...... 43°00′ 70°00′ the area bounded by straight lines con- MC6 ...... 43°00′ 69°30′ necting the following points in the MC7 ...... 43°30′ 69°30′ MC8 ...... 43°30′ 69°00′ order stated. MC9 ...... (2)69°00′ MASSACHUSETTS BAY CLOSURE AREA 1 Massachusetts shoreline. 2 Maine shoreline. Point N. latitude W. longitude (ii) Vessels subject to the restrictions MB1 ...... 42°30′ (1) and regulations specified in paragraph MB2 ...... 42°30′ 70°30′ (a) of this section may fish in the Mid- MB3 ...... 42°12′ 70°30′ coast Closure Area, as defined under MB4 ...... 42°12′ 70°00′ paragraph (a)(1)(i) of this section, from MB5 ...... (2)70°00′ MB6 ...... 42°00′ (2) September 15 through May 31 of each MB7 ...... 42°00′ (1) fishing year, provided that pingers are 1 Massachusetts shoreline. used in accordance with the require- 2 Cape Cod shoreline. ments found at § 229.33(b) of this title. (ii) Vessels subject to the restrictions (2) Cape Cod South Closure Area. (i) and regulations specified in paragraph From December 1 through May 31 of (a) of this section may fish in the Mas- each fishing year, the restrictions and sachusetts Bay Closure Area, as de- requirements specified in paragraph (a) fined under paragraph (a)(3)(i) of this of this section apply to the Cape Cod section, from December 1 through the South Closure Area (copies of a chart last day of February and April 1 depicting this area are available from through May 31 of each fishing year, the Regional Administrator upon re- provided that pingers are used in ac- quest), except as provided in paragraph cordance with the requirements found (a)(2)(ii) of this section, which is the at § 229.33(b) of this title. area bounded by straight lines con- necting the following points in the (4) NE Closure Area. From August 15 order stated. through September 13, of each fishing year, the restrictions and requirements CAPE COD SOUTH CLOSURE AREA specified in this paragraph (a) apply to the NE Closure Area, which is the area Point N. latitude W. longitude bounded by straight lines connecting CCS1 ...... (1)71°45′ the following points in the order stat- CCS2 ...... 40°40′ 71°45′ ed: CCS3 ...... 40°40′ 70°30′ CCS4 ...... (2)70°30′ NORTHEAST CLOSURE AREA 1 RI Shoreline. 2 MA Shoreline. Point N. lat. W. long. (ii) Vessels subject to the restrictions NE1 ...... (1)68°55.0′ and regulations specified in paragraph NE2 ...... 43°29.6′ 68°55.0′ NE3 ...... 44°04.4′ 67°48.7′ (a) of this section may fish in the Cape NE4 ...... 44°06.9′ 67°52.8′ Cod South Closure Area, as defined NE5 ...... 44°31.2′ 67°02.7′ under paragraph (a)(2)(i) of this sec- NE6 ...... (1)67°02.7′ tion, from December 1 through the last 1 Maine shoreline.
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(i) Copies of a chart depicting this CAPE COD BAY CRITICAL HABITAT CLOSURE area are available from the Regional AREA Administrator upon request. Point N. latitude W. longitude (ii) [Reserved] (b) Areas closed to gillnet gear capable CCB1 ...... 42°12′ N70°30′ W CCB2 ...... 42°12′ N70°15′ W of catching multispecies to prevent right CCB3 ...... 42°08′ N70°12.4′ W whale takes. All persons owning or op- Then westerly along the 3 erating vessels must remove all of NM state boundary to. their sink gillnet gear and gillnet gear CCB4 ...... 42°08′ N70°30′ W capable of catching multispecies, with Then due north to CCB1. the exception of single pelagic gillnets (as described in § 648.81(g)(2)(ii)), from (2) Great South Channel Critical Habi- the EEZ portion of the areas and for tat Closure Area. From April 1 through June 30 of each year, the restrictions the times specified in paragraphs (b)(1) and requirements specified in para- and (2) of this section, and may not graph (b) of this section apply to the use, set, haul back, fish with, or pos- Great South Channel Critical Habitat sess on board, unless stowed in accord- Closure Area (copies of a chart depict- ance with the requirements of ing this area are available from the Re- § 648.81(e)(4), sink gillnet gear or gillnet gional Administrator upon request), gear capable of catching multispecies, which is the area bounded by straight with the exception of single pelagic lines connecting the following points in gillnet gear (as described in the order stated. § 648.81(g)(2)(ii)) in the EEZ portion of the areas and for the times specified in GREAT SOUTH CHANNEL CRITICAL HABITAT paragraphs (b)(1) and (2) of this section. CLOSURE AREA Also, all persons owning or operating Point N. latitude W. longitude vessels issued a limited access multi- species permit must remove all of their GSC1 ...... 41°02.2′ N69°02′ W GSC2 ...... 41°43.5′ N69°36.3′ W sink gillnet gear and other gillnet gear GSC3 ...... 42°10′ N68°31′ W capable of catching multispecies, with GSC4 ...... 41°38′ N68°13′ W the exception of single pelagic gillnets (as described in § 648.81(g)(2)(ii)), from (c) Framework adjustment. (1) The the areas and for the times specified in Harbor Porpoise Take Reduction Team paragraphs (b)(1) and (2) of this section, will provide the NEFMC with the best and, may not use, set, haul back, fish available information on the status of with, or possess on board, unless Gulf of Maine harbor porpoise, includ- stowed in accordance with the require- ing estimates of abundance and esti- ments of § 648.81(e)(4), sink gillnet gear mates of bycatch in the sink gillnet or other gillnet gear capable of catch- fishery. (2) After receiving and reviewing the ing multispecies, with the exception of Harbor Porpoise Take Review Team’s single pelagic gillnets (as described in findings and recommendations, the § 648.81(g)(2)(ii)) in the areas and for the NEFMC shall determine whether ad- times specified in paragraphs (b)(1) and justments or additional management (2) of this section. measures are necessary to avoid incon- (1) Cape Cod Bay Critical Habitat Clo- sistencies with the Harbor Porpoise sure Area. From March 27, 1997 through Take Reduction Plan. If the NEFMC May 15, 1997 and from January 1 determines that adjustments or addi- through May 15 of each subsequent tional management measures are nec- year, the restrictions and requirements essary, it shall develop and analyze ap- specified in paragraph (b) of this sec- propriate management actions over the tion apply to the Cape Cod Bay Critical span of at least two NEFMC meetings. Habitat Closure Area (copies of a chart (3) The NEFMC shall provide the pub- depicting this area are available from lic with advance notice of the avail- the Regional Administrator upon re- ability of the proposals, appropriate ra- quest), which is the area bounded by tionale, economic and biological anal- straight lines connecting the following yses, and opportunity to comment on points in the order stated. them prior to and at the second
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NEFMC meeting. The NEFMC’s rec- tion Program, a vessel that has been ommendation on adjustments or addi- issued a valid open access scallop tions to management measures must multispecies possession limit permit come from one or more of the cat- may possess and land up to 300 lb (136.1 egories specified under § 648.90(b)(1). kg) of regulated species when fishing (4) If the NEFMC recommends that under a scallop DAS allocated under the management measures should be § 648.53, provided that the amount of issued as a final rule, the NEFMC must cod on board does not exceed the daily consider at least the factors specified cod limit specified in § 648.86(b), up to a in § 648.90(b)(2). maximum of 300 lb (136.1 kg) of cod for (5) The Regional Administrator may the entire trip, and that the vessel does accept, reject, or with NEFMC ap- not fish for, possess, or land haddock proval, modify the NEFMC’s rec- from January 1 through June 30 as ommendation, including the NEFMC’s specified under § 648.86(a)(2)(i), and pro- recommendation to issue a final rule, vided the vessel has at least one stand- as specified under § 648.90(b)(3). ard tote on board. [61 FR 34968, July 3, 1996, as amended at 61 (d) A vessel issued a valid open access FR 47828, Sept. 11, 1996; 62 FR 52274, Oct. 7, nonregulated multispecies permit may 1997; 62 FR 52274, Oct. 7, 1997; 63 FR 15333, possess and land nonregulated multi- Mar. 31, 1998; 63 FR 19850, Apr. 22, 1998; 64 FR 15706, Apr. 1, 1999; 64 FR 24077, May 5, 1999] species. The vessel is subject to restric- tions on gear, area, and time of fishing § 648.88 Open access permit restric- specified in § 648.80 and any other appli- tions. cable provisions of this part. (a) Handgear permit. A vessel issued a [61 FR 34968, July 3, 1996, as amended at 61 valid open access multispecies FR 39910, July 31, 1996; 64 FR 24078, May 5, handgear permit is subject to the fol- 1999; 64 FR 31151, June 10, 1999] lowing restrictions: EFFECTIVE DATE NOTE: At 64 FR 42045, Aug. (1) The vessel may possess and land 3, 1999, § 648.88 was amended by suspending up to 300 lb (136.1 kg) of cod, haddock, paragraph (a)(1) and adding paragraph (a)(3), and yellowtail flounder, combined, per effective Aug. 3, 1999 through Jan. 30, 2000. trip, and unlimited amounts of the For the convenience of the user, the added other NE multispecies, provided that text is set forth as follows: the amount of cod on board does not exceed the daily cod limit specified in § 648.88 Open access permit restric- § 648.86(a)(2) and (b), up to a maximum tions. of 300 lb (136.1 kg) of cod for the entire (a) * * * trip, and that the vessel does not use or (3) Notwithstanding any other provi- possess on board gear other than rod sions of this part, the following meas- and reel or handlines while in posses- ures shall be in effect from August 3, sion of, fishing for, or landing NE 1999 until January 30, 2000. The vessel multispecies, and provided it has at may possess and land up to 300 lb (136.1 least one standard tote on board. kg) of cod, haddock, and yellowtail (2) A vessel may not fish for, possess, flounder, combined, per trip, and un- or land regulated species from March 1 limited amounts of the other NE multi- through March 20 of each year. species, provided that the amount of (b) Charter/party permit. A vessel that cod on board does not exceed the daily has been issued a valid open access cod limit specified in § 648.86(b)(1)(iv), multispecies charter/party permit is up to a maximum of 300 lb (136.1 kg) of subject to the restrictions on gear, rec- cod for the entire trip, and that the reational minimum fish sizes and pro- hibitions on sale specified in § 648.89, vessel does not use or possess on board and any other applicable provisions of gear other than rod and reel or this part. handlines while in possession of, fish- (c) Scallop multispecies possession limit ing for, or landing NE multispecies, permit. Unless otherwise prohibited in and provided it has at least one stand- § 648.86(b), and except as provided in ard tote on board. § 648.58(c)(6)(ii) for vessels fishing under the Georges Bank Sea Scallop Exemp- * * * * *
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§ 648.89 Recreational and charter/ person, the violation shall be deemed party restrictions. to have been committed by the owner (a) Recreational gear restrictions. Per- and operator. sons aboard charter or party vessels (3) Cod and haddock must be stored permitted under this part and not fish- so as to be readily available for inspec- ing under the DAS program, and rec- tion. reational fishing vessels in the EEZ, (d) Restrictions on sale. It is unlawful are prohibited from fishing with more to sell, barter, trade, or otherwise than two hooks per line and one line transfer for a commercial purpose, or per angler and must stow all other fish- to attempt to sell, barter, trade, or ing gear on board the vessel as speci- otherwise transfer for a commercial fied under §§ 648.23(b) and 648.81(e) (2), purpose, NE multispecies caught or (3), and (4). landed by charter or party vessels per- (b) Recreational minimum fish sizes—(1) mitted under this part not fishing Minimum fish sizes. Persons aboard under a DAS or a recreational fishing charter or party vessels permitted vessels fishing in the EEZ. under this part and not fishing under § 648.90 Framework specifications. the DAS program, and recreational fishing vessels in the EEZ, are subject (a) Annual review. The Multispecies to minimum fish sizes (TL) as follows: Monitoring Committee (MSMC) shall meet on or before November 15 of each MINIMUM FISH SIZES (TL) year to develop target TACs for the up- coming fishing year and options for Inches NEFMC consideration on any changes, Species 1996 1997+ adjustment or additions to DAS alloca- tions, closed areas, or other measures Cod ...... 20 (50.8 cm) 21 (53.3 cm) Haddock ...... 20 (50.8 cm) 21 (53.3 cm) necessary to achieve the NE Multispe- Pollock ...... 19 (48.3 cm) 19 (48.3 cm) cies FMP goals and objectives. Witch flounder (gray sole) 14 (35.6 cm) 14 (35.6 cm) (1) The MSMC shall review available Yellowtail flounder ...... 13 (33.0 cm) 13 (33.0 cm) data pertaining to: Catch and landings, American plaice (dab) ...... 14 (35.6 cm) 14 (35.6 cm) Winter flounder (blackback) 12 (30.5 cm) 12 (30.5 cm) DAS and other measures of fishing ef- Redfish ...... 9 (22.9 cm) 9 (22.9 cm) fort, survey results, stock status, cur- rent estimates of fishing mortality, (2) Exception. Vessels may possess fil- and any other relevant information. lets less than the minimum size speci- (2) Based on this review, the MSMC fied, if the fillets are taken from legal- shall recommend target TACs and de- sized fish and are not offered or in- velop options necessary to achieve the tended for sale, trade or barter. FMP goals and objectives, which may (c) Possession restrictions. Each person include a preferred option. The MSMC on a recreational vessel may not pos- must demonstrate through analysis sess more than 10 cod and/or haddock, and documentation that the options it combined, in or harvested from the develops are expected to meet the NE EEZ. Multispecies FMP goals and objectives. (1) For purposes of counting fish, fil- The MSMC may review the perform- lets will be converted to whole fish at ance of different user groups or fleet the place of landing by dividing fillet sectors in developing options. The number by two. If fish are filleted into range of options developed by the a single (butterfly) fillet, such fillet MSMC may include any of the manage- shall be deemed to be from one whole ment measures in the NE Multispecies fish. FMP, including, but not limited to: An- (2) Cod and haddock harvested by rec- nual target TACs, which must be based reational vessels with more than one on the projected fishing mortality lev- person aboard may be pooled in one or els required to meet the goals and ob- more containers. Compliance with the jectives outlined in the NE Multispe- possession limit will be determined by cies FMP for the 10 regulated species; dividing the number of fish on board by DAS changes; possession limits; gear the number of persons aboard. If there restrictions; closed areas; permitting is a violation of the possession limit on restrictions; minimum fish sizes; rec- board a vessel carrying more than one reational fishing measures; and any
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other management measures currently a final rule, the action will be pub- included in the NE Multispecies FMP. lished as a final rule in the FEDERAL (3) The NEFMC shall review the rec- REGISTER. If the Regional Adminis- ommended target TACs and all of the trator concurs that the recommenda- options developed by the MSMC and tion meets the FMP objective and is other relevant information, consider consistent with other applicable law public comment, and develop a rec- and determines that a proposed rule is ommendation to meet the NE Multi- warranted, and, as a result, the effec- species FMP objective that is con- tive date of a final rule falls after the sistent with the other applicable law. If start of the fishing year on May 1, fish- the NEFMC does not submit a rec- ing may continue. However, DAS used ommendation that meets the NE by a vessel on or after May 1 will be Multispecies FMP objectives and is counted against any DAS allocation consistent with other applicable law, the vessel ultimately receives for that the Regional Administrator may adopt year. any option developed by the MSMC, (6) If the Regional Administrator unless rejected by the NEFMC, as spec- concurs in the NEFMC’s recommenda- ified in paragraph (a)(6) of this section, tion, a final rule shall be published in provided the option meets the NE the FEDERAL REGISTER on or about Multispecies FMP objective and is con- April 1 of each year, with the exception sistent with other applicable law. noted in paragraph (a)(5) of this sec- (4) Based on this review, the NEFMC tion. If the NEFMC fails to submit a shall submit a recommendation to the recommendation to the Regional Ad- Regional Administrator of any ministrator by February 1 that meets changes, adjustments or additions to the FMP goals and objectives, the Re- DAS allocations, closed areas or other gional Administrator may publish as a measures necessary to achieve the NE proposed rule one of the options re- Multispecies FMP’s goals and objec- viewed and not rejected by the NEFMC, tives. Included in the NEFMC’s rec- provided that the option meets the ommendation will be supporting docu- FMP objective and is consistent with ments, as appropriate, concerning the other applicable law. If, after consid- environmental and economic impacts ering public comment, the Regional of the proposed action and the other Administrator decides to approve the options considered by the NEFMC. option published as a proposed rule, the (5) If the NEFMC submits, on or be- action will be published as a final rule fore January 7, a recommendation to in the FEDERAL REGISTER. the Regional Administrator after one (b) Within season management action. NEFMC meeting, and the Regional Ad- The Council may, at any time, initiate ministrator concurs with the rec- action to add or adjust management ommendation, the Regional Adminis- measures if it finds that action is nec- trator shall publish the NEFMC’s rec- essary to meet or be consistent with ommendation in the FEDERAL REG- the goals and objectives of the North- ISTER as a proposed rule. The FEDERAL east Multispecies FMP or to address REGISTER notification of the proposed gear conflicts as defined under § 600.10 action will provide a 30-day public of this chapter. comment period. The NEFMC may in- (1) Adjustment process. After a man- stead submit its recommendation on or agement action has been initiated, the before February 1, if it chooses to fol- Council shall develop and analyze ap- low the framework process outlined in propriate management actions over the paragraph (b) of this section and re- span of at least two Council meetings. quests that the Regional Adminis- The Council shall provide the public trator publish the recommendation as with advance notice of the availability a final rule. If the Regional Adminis- of both the proposals and the analysis trator concurs that the NEFMC’s rec- and opportunity to comment on them ommendation meets the NE Multispe- prior to and at the second Council cies FMP objective and is consistent meeting. The Council’s recommenda- with other applicable law, and deter- tion on adjustments or additions to mines that the recommended manage- management measures, other than to ment measures should be published as address gear conflicts, must come from
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one or more of the following cat- measures adopted following their im- egories: DAS changes, effort moni- plementation as a final rule. toring, data reporting, possession lim- (4) Regional Administrator action. If its, gear restrictions, closed areas, per- the NEFMC’s recommendation includes mitting restrictions, crew limits, min- adjustments or additions to manage- imum fish sizes, onboard observers, ment measures and, after reviewing the minimum hook size and hook style, the NEFMC’s recommendation and sup- use of crucifiers in the hook-gear fish- porting information: ery, fleet sector shares, recreational (i) If the Regional Administrator con- fishing measures, area closures and curs with the NEFMC’s recommended other appropriate measures to mitigate management measures and determines marine mammal entanglements and that the recommended management interactions, and any other manage- measures should be issued as a final ment measures currently included in rule based on the factors specified in the FMP. paragraph (b)(2) of this section, the (2) Adjustment process for gear con- measures will be issued as a final rule in the FEDERAL REGISTER. flicts. The Council may develop a rec- (ii) If the Regional Administrator ommendation on measures to address concurs with the NEFMC’s rec- gear conflict as defined under 50 CFR ommendation and determines that the 600.10, in accordance with the proce- recommended management measures dure specified in § 648.55(d) and (e). should be published first as a proposed (3) NEFMC recommendation. After de- rule, the measures will be published as veloping management actions and re- a proposed rule in the FEDERAL REG- ceiving public testimony, the NEFMC ISTER. After additional public com- shall make a recommendation to the ment, if the Regional Administrator Regional Administrator. The NEFMC’s concurs with the NEFMC recommenda- recommendation must include sup- tion, the measures will be issued as a porting rationale and, if management final rule in the FEDERAL REGISTER. measures are recommended, an anal- (iii) If the Regional Administrator ysis of impacts and a recommendation does not concur, the NEFMC will be to the Regional Administrator on notified in writing of the reasons for whether to issue the management the non-concurrence. measures as a final rule. If the NEFMC (c) Emergency action. Nothing in this recommends that the management section is meant to derogate from the measures should be issued as a final authority of the Secretary to take rule, the NEFMC must consider at emergency action under section 305(e) least the following factors and provide of the Magnuson Act. support and analysis for each factor [61 FR 34968, July 3, 1996, as amended at 62 considered: FR 1405, Jan. 10, 1997; 62 FR 14650, Mar. 27, (i) Whether the availability of data 1997] on which the recommended manage- ment measures are based allows for Subpart G—Management Meas- adequate time to publish a proposed ures for the Summer Flounder rule, and whether regulations have to Fisheries be in place for an entire harvest/fishing season. § 648.100 Catch quotas and other re- (ii) Whether there has been adequate strictions. notice and opportunity for participa- (a) Annual review. The Summer tion by the public and members of the Flounder Monitoring Committee shall affected industry in the development of review the following data on or before the NEFMC’s recommended manage- August 15 of each year to determine ment measures. the allowable levels of fishing and (iii) Whether there is an immediate other restrictions necessary to achieve need to protect the resource or to im- a fishing mortality rate (F) of 0.30 in pose management measures to resolve 1997, and the F that produces the max- gear conflicts. imum yield per recruit (Fmax) in 1998 (iv) Whether there will be a con- and thereafter, provided the allowable tinuing evaluation of management levels of fishing in 1997 may not exceed
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18,518,830 lb (8,400 mt), unless such fish- gional Administrator measures nec- ing levels have an associated F of Fmax: essary to assure that the applicable Commercial and recreational catch specified F will not be exceeded. The data; current estimates of fishing mor- MAFMC’s recommendations must in- tality; stock status; recent estimates clude supporting documentation, as ap- of recruitment; virtual population propriate, concerning the environ- analysis results; levels of noncompli- mental and economic impacts of the ance by fishermen or individual states; recommendations. The Regional Ad- impact of size/mesh regulations; sea ministrator shall review these rec- sampling and winter trawl survey data ommendations and any recommenda- or, if sea sampling data are unavail- tions of the Commission. After such re- able, length frequency information view, the Regional Administrator will from the winter trawl survey and mesh publish a proposed rule in the FEDERAL selectivity analyses; impact of gear REGISTER by October 15 to implement a other than otter trawls on the mor- coastwide commercial quota and rec- tality of summer flounder; and any reational harvest limit and additional other relevant information. management measures for the commer- (b) Recommended measures. Based on cial fishery, and will publish a proposed this review, the Summer Flounder rule in the FEDERAL REGISTER by Feb- Monitoring Committee shall rec- ruary 15 to implement additional man- ommend to the Demersal Species Com- agement measures for the recreational mittee of the MAFMC and the Commis- fishery, if he/she determines that such sion the following measures to assure measures are necessary to assure that that the F specified in paragraph (a) of the applicable specified F will not be this section will not be exceeded: exceeded. After considering public (1) Commercial quota set from a comment, the Regional Administrator range of 0 to the maximum allowed to will publish a final rule in the FEDERAL achieve the specified F. REGISTER to implement the measures (2) Commercial minimum fish size. necessary to assure that the applicable (3) Minimum mesh size. specified F will not be exceeded. (4) Recreational possession limit set (d) Distribution of annual quota. (1) from a range of 0 to 15 summer floun- The annual commercial quota will be der to achieve the specified F. distributed to the states, based upon (5) Recreational minimum fish size. the following percentages: (6) Recreational season. (7) Restrictions on gear other than ANNUAL COMMERCIAL QUOTA SHARES otter trawls. Share (8) Adjustments to the exempted area State (percent) boundary and season specified in Maine ...... 0.04756 § 648.104(b)(1) by 30-minute intervals of New Hampshire ...... 0.00046 latitude and longitude and 2-week in- Massachusetts ...... 6.82046 tervals, respectively, based on data Rhode Island ...... 15.68298 Connecticut ...... 2.25708 specified in paragraph (a) of this sec- New York ...... 7.64699 tion to prevent discarding of sublegal New Jersey ...... 16.72499 sized summer flounder in excess of 10 Delaware ...... 0.01779 Maryland ...... 2.03910 percent, by weight. Virginia ...... 21.31676 (c) Annual fishing measures. The North Carolina ...... 27.44584 Demersal Species Committee shall re- view the recommendations of the Sum- (2) All summer flounder landed for mer Flounder Monitoring Committee. sale in a state shall be applied against Based on these recommendations and that state’s annual commercial quota, any public comment, the Demersal regardless of where the summer floun- Species Committee shall recommend to der were harvested. Any overages of the MAFMC measures necessary to as- the commercial quota landed in any sure that the applicable specified F state will be deducted from that state’s will not be exceeded. The MAFMC shall annual quota for the following year. review these recommendations and, (e) Quota transfers and combinations. based on the recommendations and any Any state implementing a state com- public comment, recommend to the Re- mercial quota for summer flounder
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may request approval from the Re- (4) If there is a quota overage among gional Administrator to transfer part states involved in the combination of or all of its annual quota to one or quotas at the end of the fishing year, more states. Two or more states imple- the overage will be deducted from the menting a state commercial quota for following year’s quota for each of the summer flounder may request approval states involved in the combined quota. from the Regional Administrator to The deduction will be proportional, combine their quotas, or part of their based on each state’s relative share of quotas, into an overall regional quota. the combined quota for the previous Requests for transfer or combination of year. A transfer of quota or combina- commercial quotas for summer floun- tion of quotas does not alter any der must be made by individual or joint state’s percentage share of the overall letter(s) signed by the principal state quota specified in paragraph (d) of this official with marine fishery manage- section. ment responsibility and expertise, or his/her previously named designee, for [61 FR 34968, July 3, 1996, as amended at 62 each state involved. The letter(s) must FR 14650, Mar. 27, 1997; 62 FR 66310, Dec. 18, certify that all pertinent state require- 1997] ments have been met and identify the states involved and the amount of § 648.101 Closures. quota to be transferred or combined. (a) EEZ closure. The Regional Admin- (1) Within 10 working days following istrator shall close the EEZ to fishing the receipt of the letter(s) from the for summer flounder by commercial states involved, the Regional Adminis- vessels for the remainder of the cal- trator shall notify the appropriate endar year by publishing notification state officials of the disposition of the in the FEDERAL REGISTER if he/she de- request. In evaluating requests to termines that the inaction of one or transfer a quota or combine quotas, the more states will cause the applicable F Regional Administrator shall consider specified in § 648.100(a) to be exceeded, whether: or if the commercial fisheries in all (i) The transfer or combination would states have been closed. The Regional preclude the overall annual quota from Administrator may reopen the EEZ if being fully harvested. earlier inaction by a state has been (ii) The transfer addresses an unfore- remedied by that state, or if commer- seen variation or contingency in the cial fisheries in one or more states fishery. have been reopened without causing (iii) The transfer is consistent with the applicable specified F to be exceed- the objectives of the Summer Flounder ed. FMP and Magnuson Act. (b) State quotas. The Regional Admin- (2) The transfer of quota or the com- istrator will monitor state commercial bination of quotas will be valid only for quotas based on dealer reports and the calendar year for which the request other available information and shall was made and will be effective upon the determine the date when a state com- filing by NMFS of a notice of the ap- mercial quota will be harvested. The proval of the transfer or combination with the Office of the Federal Register. Regional Administrator shall publish notification in the FEDERAL REGISTER (3) A state may not submit a request to transfer quota or combine quotas if advising a state that, effective upon a a request to which it is party is pend- specific date, its commercial quota has ing before the Regional Administrator. been harvested and notifying vessel A state may submit a new request and dealer permit holders that no com- when it receives notice that the Re- mercial quota is available for landing gional Administrator has disapproved summer flounder in that state. the previous request or when notice of the approval of the transfer or com- § 648.102 Time restrictions. bination has been filed at the Office of Vessels that are not eligible for a the Federal Register. moratorium permit under § 648.4(a)(3)
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and any person subject to the posses- inserted into the meshes under a pres- sion limit may fish for summer floun- sure or pull of 5 kg. The mesh size is der only from May 29 through Sep- the average of the measurement of any tember 11. This time period may be ad- series of 20 consecutive meshes for nets justed pursuant to the procedures in having 75 or more meshes, and 10 con- § 648.100. secutive meshes for nets having fewer [64 FR 48967, Sept. 9, 1999] than 75 meshes. The mesh in the regu- lated portion of the net is measured at § 648.103 Minimum fish sizes. least five meshes away from the (a) The minimum size for summer lacings, running parallel to the long flounder is 14 inches (35.6 cm) TL for all axis of the net. vessels issued a moratorium permit (b) Exemptions. The minimum mesh- under § 648.4 (a)(3), except on board size requirements specified in para- party and charter boats carrying pas- graph (a)(1) of this section do not apply sengers for hire or carrying more than to: three crew members, if a charter boat, (1) Vessels issued a summer flounder or more than five crew members, if a moratorium permit and fishing from party boat; November 1 through April 30 in the (b) The minimum size for summer ‘‘exemption area,’’ which is east of the flounder is 15 inches (38 cm) TL for all line that follows 72°30.0′ W. long. until vessels that do not qualify for a mora- it intersects the outer boundary of the torium permit, and party boats holding EEZ. Vessels fishing with a summer a moratorium permit if fishing with flounder exemption permit shall not passengers for hire or carrying more fish west of the line. Vessels issued a than five crew members, or charter permit under § 648.4(a)(3)(iii) may tran- boats holding a moratorium permit if sit the area west or south of the line, if fishing with more than three crew the vessel’s fishing gear is stowed in a members. manner prescribed under § 648.100(e), so (c) The minimum sizes in this section that it is not ‘‘available for immediate apply to whole fish or to any part of a use’’ outside the exempted area. The fish found in possession, e.g., fillets, ex- Regional Administrator may terminate cept that party and charter vessels pos- this exemption if he/she determines, sessing valid state permits authorizing after a review of sea sampling data, filleting at sea may possess fillets that vessels fishing under the exemp- smaller that the size specified if all state requirements are met. tion are discarding more than 10 per- cent, by weight, of their entire catch of [61 FR 34968, July 3, 1996, as amended at 62 summer flounder per trip. If the Re- FR 10478, Mar. 7, 1997; 62 FR 37157, July 11, gional Administrator makes such a de- 1997; 62 FR 63875, Dec. 3, 1997; 63 FR 27868, termination, he/she shall publish noti- May 21, 1998] fication in the FEDERAL REGISTER ter- § 648.104 Gear restrictions. minating the exemption for the re- mainder of the exemption season. (a) General. (1) Otter trawlers whose (2) Vessels fishing with a two-seam owners are issued a summer flounder otter trawl fly net with the following permit and that land or possess 100 or configuration, provided that no other more lb (45.4 or more kg) of summer flounder from May 1 through October nets or netting with mesh smaller than 31, or 200 lb or more (90.8 kg or more) of 5.5 inches (14.0 cm) are on board: summer flounder from November 1 (i) The net has large mesh in the through April 30, per trip, must fish wings that measures 8 inches (20.3 cm) with nets that have a minimum mesh to 64 inches (162.6 cm). size of 5.5–inch (14.0–cm) diamond or (ii) The first body section (belly) of 6.0–inch (15.2–cm) square mesh applied the net has 35 or more meshes that are throughout the body, extension(s), and at least 8 inches (20.3 cm). codend portion of the net. (iii) The mesh decreases in size (2) Mesh sizes are measured by a throughout the body of the net to 2 wedge-shaped gauge having a taper of 2 inches (5 cm) or smaller towards the cm in 8 cm and a thickness of 2.3 mm terminus of the net.
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(3) The Regional Administrator may entering or exiting the knots twist terminate this exemption if he/she de- around each other. termines, after a review of sea sam- (e) Stowage of nets. Otter trawl ves- pling data, that vessels fishing under sels retaining 100 lb (45.3 kg) or more of the exemption, on average, are dis- summer flounder from May 1 through carding more than 1 percent of their October 31, or 200 lb (90.6 kg) or more of entire catch of summer flounder per summer flounder from November 1 trip. If the Regional Administrator through April 30, and subject to the makes such a determination, he/she minimum mesh size requirement of shall publish a notice in the FEDERAL paragraph (a)(1) of this section may not REGISTER terminating the exemption have ‘‘available for immediate use’’ for the remainder of the calendar year. any net or any piece of net that does (c) Net modifications. No vessel subject not meet the minimum mesh size re- to this part shall use any device, gear, quirement, or any net, or any piece of or material, including, but not limited net, with mesh that is rigged in a man- to nets, net strengtheners, ropes, lines, ner that is inconsistent with the min- or chafing gear, on the top of the regu- imum mesh size requirement. A net lated portion of a trawl net; except that is stowed in conformance with one that, one splitting strap and one bull of the methods specified in § 648.23(b) rope (if present) consisting of line or and that can be shown not to have been rope no more than 3 inches (7.2 cm) in in recent use is considered to be not diameter may be used if such splitting ‘‘available for immediate use.’’ strap and/or bull rope does not con- (f) The minimum net mesh require- strict, in any manner, the top of the ment may apply to any portion of the regulated portion of the net, and one net. The minimum mesh size and the rope no greater than 0.75 inches (1.9 portion of the net regulated by the cm) in diameter extending the length minimum mesh size may be adjusted of the net from the belly to the ter- pursuant to the procedures in § 648.100. minus of the codend along the top, bot- [61 FR 34968, July 3, 1996, as amended at 62 tom, and each side of the net. ‘‘Top of FR 63876, Dec. 3, 1997] the regulated portion of the net’’ means the 50 percent of the entire reg- § 648.105 Possession restrictions. ulated portion of the net that (in a hy- (a) No person shall possess more than pothetical situation) will not be in con- eight summer flounder in, or harvested tact with the ocean bottom during a from, the EEZ unless that person is the tow if the regulated portion of the net owner or operator of a fishing vessel were laid flat on the ocean floor. For issued a summer flounder moratorium the purpose of this paragraph (c), head permit or is issued a summer flounder ropes shall not be considered part of dealer permit. Persons aboard a com- the top of the regulated portion of a mercial vessel that is not eligible for a trawl net. A vessel shall not use any summer flounder moratorium permit means or mesh configuration on the are subject to this possession limit. top of the regulated portion of the net, The owner, operator, and crew of a as defined in § 648.104(e), if it obstructs charter or party boat issued a summer the meshes of the net or otherwise flounder moratorium permit are not causes the size of the meshes of the net subject to the possession limit when while in use to diminish to a size not carrying passengers for hire and smaller than the minimum specified in when the crew size does not exceed five § 648.100(a). for a party boat and three for a charter (d) Mesh obstruction or constriction. (1) boat. A fishing vessel may not use any mesh (b) If whole summer flounder are configuration, mesh construction, or processed into fillets, the number of other means on or in the top of the net, fillets will be converted to whole sum- as defined in paragraph (c) of this sec- mer flounder at the place of landing by tion, that obstructs the meshes of the dividing the fillet number by two. If net in any manner. summer flounder are filleted into sin- (2) No person on any vessel may pos- gle (butterfly) fillets, each fillet is sess or fish with a net capable of catch- deemed to be from one whole summer ing summer flounder in which the bars flounder.
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(c) Summer flounder harvested by tion with the MAFMC and the State of vessels subject to the possession limit North Carolina, to measure the inci- with more than one person on board dental take of sea turtles in the sum- may be pooled in one or more con- mer flounder fishery, monitor compli- tainers. Compliance with the daily pos- ance with required conservation meas- session limit will be determined by di- ures by trawlers, and predict inter- viding the number of summer flounder actions between the fishery and sea on board by the number of persons on turtles to prevent turtle mortalities. board, other than the captain and the (2) A scientifically designed, ob- crew. If there is a violation of the pos- server-based monitoring program in ac- session limit on board a vessel carrying cordance with § 648.11 may be used to more than one person, the violation gather scientific data measuring the shall be deemed to have been com- incidental take of turtles by trawlers mitted by the owner and operator. in the summer flounder fishery and to (d) Owners and operators of otter report turtle distribution and abun- trawl vessels issued a permit under dance. § 648.4(a)(3) that fish with or possess nets or pieces of net on board that do (3) A cooperative sea turtle moni- not meet the minimum mesh require- toring and assessment program uti- ments and that are not stowed in ac- lizing a variety of information, includ- cordance with § 648.104(f), may not re- ing aerial and vessel surveys; onboard tain 100 lb (45.3 kg) or more of summer observers; individually tagged turtles; flounder from May 1 through October physical parameters, such as sea sur- 31, or 200 lb (90.6 kg) or more of summer face temperatures, and reports from flounder from November 1 through the sea turtle stranding network; and April 30. Summer flounder on board other relevant and reliable informa- these vessels must be stored so as to be tion, will assess and predict turtle dis- readily available for inspection in tribution, abundance, movement pat- standard 100-lb (45.3-kg) totes or fish terns, and timing to provide informa- boxes having a liquid capacity of 18.2 tion to NMFS to prevent turtle mor- gal (70 L), or a volume of not more tality caused by the summer flounder than 4,320 in 3 (2.5 ft 3 or 70.79 cm 3). fishery. (c) Required use of Turtle Excluder De- [61 FR 34968, July 3, 1996, as amended at 62 vices (TED). The Regional Adminis- FR 37157, July 11, 1997; 63 FR 27868, May 21, 1998] trator will require the use of a NMFS- approved TED by any vessels engaged § 648.106 Sea turtle conservation. in summer flounder fishing operations This section will be suspended during and utilizing trawl gear on or after Oc- the effectiveness of any temporary reg- tober 15 as necessary to protect sea ulations issued to regulate incidental turtles. The Regional Administrator take of sea turtles in the summer will publish notification in the FED- flounder fishery under authority of the ERAL REGISTER with the specific time ESA under parts 222 and 223 of this period. Descriptions of NMFS-approved title. Such suspensions and temporary TEDs can be found in § 223.207(b)(1) of regulations will be issued by publica- this title. This requirement applies to tion in the FEDERAL REGISTER and will vessels within the EEZ bounded on the be effective for a specified period of north by a line along 37°05′ N. lat., time, not to exceed 1 year. bounded on the south by a line along (a) Sea turtle handling and resuscita- 33°35′ N. lat. tion. The sea turtle handling and resus- (d) Closure of the fishery. The Re- citation requirements specified in gional Administrator may close the § 223.206(d)(1) of this title apply with re- summer flounder fishery in the EEZ, or spect to sea turtles incidentally taken any part thereof, after consultation by a vessel fishing for summer floun- with the MAFMC, the Director of the der. State of North Carolina Division of Ma- (b) Sea turtle monitoring and assess- rine Fisheries, and the marine fisheries ment program. (1) The Regional Admin- agency of any other affected state, by istrator will establish a monitoring publishing notification in the FEDERAL and assessment program, in coopera- REGISTER. The Regional Administrator
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shall take such action if he/she deter- trator may impose additional sea tur- mines a closure is necessary to avoid tle conservation measures, including jeopardizing the continued existence of tow-time requirements, in the EEZ, any species listed under the ESA. The after consultation with the MAFMC, determination of the impact on sea the Director of the State of North turtles must be based on turtle mor- Carolina Division of Marine Fisheries, talities and projections of turtle mor- and the marine fisheries agency of any tality by the NMFS monitoring and as- other affected state, by publishing no- sessment program. A closure will be tification in the FEDERAL REGISTER. applicable to those areas specified in The Regional Administrator shall take the notification and for the period such action if he/she determines fur- specified in the notification. The Re- ther measures are necessary to avoid gional Administrator will provide as jeopardizing the continued existence of much advance notice as possible, con- any species listed under the ESA or if sistent with the requirements of the such action would allow reopening of ESA, and will have the closure an- the summer flounder fishery in the nounced on channel 16 of the marine EEZ. The determination of the impact VHF radio. A closure may prohibit all on sea turtles must be based on turtle fishing operations, may prohibit the mortalities and projections of turtle use of certain gear, may require that mortality by the NMFS monitoring gear be stowed, or may impose similar and assessment program. types of restrictions on fishing activi- (2) Consistent with the procedures ties. The prohibitions, restrictions, and specified in § 648.10, the Regional Ad- duration of the closure will be specified ministrator may require that all or a in the notification. certain portion of the vessels engaged (e) Reopening of the fishery. (1) The in fishing for summer flounder carry Regional Administrator may reopen observers, consistent with the require- the summer flounder fishery in the ments of § 648.10, to gather data on inci- EEZ, or any part thereof, after con- dental capture of sea turtles and to sultation with the MAFMC, the Direc- monitor compliance with required con- tor of the State of North Carolina Divi- servation measures. This requirement sion of Marine Fisheries, and the ma- may apply to certain types of vessels, rine fisheries agency of any other af- certain areas, or during certain times fected state, by publishing notification of the year. in the FEDERAL REGISTER. The Re- (g) Experimental projects. Notwith- gional Administrator may reopen the standing paragraphs (a) through (f) of summer flounder fishery in the EEZ, or any part thereof, if additional sea tur- this section, the Regional Adminis- tle conservation measures are imple- trator may authorize summer flounder mented and if projections of NMFS′ sea fishing, as a part of experimental turtle monitoring program indicate projects to measure turtle capture that such measures will ensure that rates, to monitor turtle abundance, to continued operation of the summer test alternative gear or equipment, or flounder fishery is not likely to jeop- for other research purposes. Research ardize the continued existence of any must be approved by the Regional Ad- species listed under the ESA. ministrator, and it must not be likely (2) The Regional Administrator may to jeopardize the continued existence reopen the summer flounder fishery in of any species listed under the ESA. the EEZ, or any part thereof, if the sea The Regional Administrator will im- turtle monitoring program indicates pose such conditions as he/she deter- changed conditions and if projections mines necessary to ensure adequate of the sea turtle monitoring program turtle protection during experimental indicate that NMFS can ensure that projects. Individual authorizations continued operation of the summer may be issued in writing. Authoriza- flounder fishery is not likely to jeop- tions applying to multiple vessels will ardize the continued existence of any be published in the FEDERAL REGISTER. species listed under the ESA. [61 FR 34968, July 3, 1996, as amended at 62 (f) Additional sea turtle conservation FR 14651, Mar. 27, 1997; 64 FR 14077, Mar. 23, measures. (1) The Regional Adminis- 1999]
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§ 648.107 Conservation equivalent visions of the Fishery Management measures for the recreational sum- Plan for the Summer Flounder, Scup, mer flounder fishery. and Black Sea Bass Fisheries. (a) Through March 9, 2000, states may [64 FR 48967, Sept. 9, 1999] implement on an annual basis con- servation equivalent measures that re- duce the recreational catch to the Subpart H—Management same extent as the annual Federal Measures for the Scup Fishery summer flounder measures specified under § 648.100(c) to achieve the rec- SOURCE: 61 FR 43426, Aug. 23, 1996, unless reational harvest limit in any year. otherwise noted. These measures would be a different combination of minimum fish sizes, § 648.120 Catch quotas and other re- possession limits, and closed seasons strictions. that are the conservation equivalent of (a) Annual review. The Scup Moni- those Federal summer flounder meas- toring Committee shall review the fol- ures specified on an annual basis. lowing data, subject to availability, on (b) A determination of equivalency or before August 15 of each year. This would be made annually for any state review will be conducted to determine proposing alternative recreational the allowable levels of fishing and measures by the Summer Flounder other restrictions necessary to achieve Technical Committee of the Commis- an exploitation rate of 47 percent in sion. Conservation equivalent measures 1997, 1998, and 1999, 33 percent in 2000 may be implemented by any state and 2001, and 19 percent in 2002 and without a determination of equiva- thereafter: Commercial and rec- lency by the Summer Flounder Tech- reational catch data; current estimates nical Committee review, but only if of fishing mortality; stock status; re- states use the state-specific tables pro- cent estimates of recruitment; virtual vided by the Commission and maintain population analysis results; levels of a 15-inch (38-cm) or greater minimum noncompliance by fishermen or indi- fish size. vidual states; impact of size/mesh regu- (1) Once a state receives a determina- lations; impact of gear on the mor- tion of equivalency from the Summer tality of scup; and any other relevant Flounder Technical Committee or a information. state implements conservation equiva- (b) Recommended measures. Based on lent measures contained in the state- this review, the Scup Monitoring Com- specific table provided by the Commis- mittee shall recommend the following sion, the Commission will recommend measures to the Demersal Species to the Regional Administrator that a Committee of the MAFMC and the notification be published in the FED- Commission to assure that the exploi- ERAL REGISTER to waive the annual tation rate specified in paragraph (a) of Federal summer flounder measures this section will not be exceeded: specified under § 648.100(c) and to notify (1) The commercial quota for each of vessel permit holders of the equivalent the three periods specified in paragraph measures approved by the Summer (d)(1) of this section, to be set from a Flounder Technical Committee for range of 0 to the maximum allowed to landing summer flounder in that state. achieve the specified exploitation rate. (2) States electing not to implement The commercial quota will be estab- conservation equivalent measures or lished by estimating the annual total states that did not receive a deter- allowable catch (TAC), allocating it mination of equivalency from the Sum- into the three periods, and deducting mer Flounder Technical Committee the discard estimates for each period. and not implementing conservation (2) Landing limits for the Winter I equivalent measures contained in the and Winter II periods. state-specific table provided by the (3) Percent of landings attained at Commission would be required to im- which the landing limit for the Winter plement the annual Federal summer I period will be reduced. flounder measures specified under (4) Commercial minimum fish size. § 648.100(c) in accordance with the pro- (5) Minimum mesh size.
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(6) Recreational possession limit set (d) Distribution of Commercial Quota. from a range of 0 to 50 scup to achieve (1) The annual commercial quota will the specified exploitation rate. be allocated into three periods, based (7) Recreational minimum fish size on the following percentages: set from a range of 7 inches (17.8 cm) Period Percent TL to 10 inches (25.4 cm) TL. (8) Recreational season. Winter IÐJanuary±April ...... 45.11 Summer-May±October ...... 38.95 (9) Restrictions on gear. Winter IIÐNovember±December ...... 15.94 (10) Season and area closures in the commercial fishery. (2) The Winter I and Winter II com- (c) Annual fishing measures. The mercial quotas will each be distributed Demersal Species Committee shall re- to the coastal states from Maine view the recommendations of the Scup through North Carolina on a coastwide Monitoring Committee. Based on these basis. recommendations and any public com- (3) The Summer commercial quota ment, the Demersal Species Committee will be allocated to the coastal states shall recommend to the MAFMC meas- from Maine through North Carolina, ures necessary to assure that the speci- based upon the following percentages: fied exploitation rate will not be ex- SUMMER PERIOD (MAY±OCTOBER) COMMERCIAL ceeded. The MAFMC shall review these QUOTA SHARES recommendations and, based on these recommendations and any public com- State Share ment, recommend to the Regional Ad- (percent) ministrator measures necessary to as- Maine ...... 0.13042 sure that the specified exploitation New Hampshire ...... 0.00004 rate will not be exceeded. The Massachusetts ...... 15.49120 Rhode Island ...... 60.56589 MAFMC’s recommendation must in- Connecticut ...... 3.39884 clude supporting documentation, as ap- New York ...... 17.05295 propriate, concerning the environ- New Jersey ...... 3.14307 Delaware ...... 0.00000 mental and economic impacts of the Maryland ...... 0.01286 recommendations. The Regional Ad- Virginia ...... 0.17789 ministrator shall review these rec- North Carolina ...... 0.02690 Total ...... 100.00000 ommendations and any recommenda- tions of the Commission. After such re- (4) All scup landed for sale in any view, NMFS will publish a proposed state during either Winter I or Winter rule in the FEDERAL REGISTER by Octo- II shall be applied against the ber 15 to implement a commercial coastwide commercial quota for that quota, specifying the amount of quota period, regardless of where the scup allocated to each of the three periods, were harvested. All scup landed for sale landing limits for the Winter I and in a state during the Summer period Winter II periods, the percentage of shall be applied against that state’s landings attained during the Winter I summer commercial quota, regardless fishery at which the landing limits will of where the scup were harvested. be reduced, a recreational harvest (5) All scup landed for sale in any limit and additional management state during the period January 1, 1997, measures for the commercial fishery. through April 30, 1997, shall be applied NMFS will publish a proposed rule in against the coastwide commercial the FEDERAL REGISTER by February 15 quota for the 1997 Winter I period, re- to implement additional management gardless of where the scup were har- measures for the recreational fishery, vested. Any landings during that time if the Regional Administrator deter- in excess of the 1997 Winter I commer- mines that such measures are nec- cial quota will be subtracted from the essary to assure that the specified ex- 1997 Winter II period’s allocation. Any ploitation rate will not be exceeded. overage beyond the 1997 Winter II allo- After considering public comment, cation will be deducted from subse- NMFS will publish a final rule in the quent winter periods. FEDERAL REGISTER to implement the (6) Beginning in 1997, any overages of annual measures. the commercial quota landed in any
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state during the Summer period will be state officials of the disposition of the deducted from that state’s Summer pe- request. In evaluating requests to riod quota for the following year. Be- transfer a quota or combine quotas, the ginning in 1998, any overages of the Regional Administrator shall consider commercial quota landed in any Win- whether: ter period will be subtracted from the (i) The transfer or combination would period’s allocation for the following preclude the overall Summer period year. quota from being fully harvested. (7) Based upon any changes in the (ii) The transfer addresses an unfore- landings data available from the states seen variation or contingency in the for the base years 1983–92, the Commis- fishery. sion and the Council may recommend (iii) The transfer is consistent with to the Regional Administrator that the the objectives of the Summer Floun- states’ shares specified in paragraph der, Scup, and Black Sea Bass FMP and (d)(3) of this section and the period al- the Magnuson-Stevens Act. locations specified in paragraph (d)(1) (2) The transfer of quota or the com- of this section be revised. The Council’s bination of quotas will be valid only for and the Commission’s recommendation the Summer period for which the re- must include supporting documenta- quest was made and will be effective tion, as appropriate, concerning the en- upon the filing by NMFS of a notifica- vironmental and economic impacts of tion of approval of the quota transfer the recommendation. The Regional Ad- or combination with the Office of the ministrator shall review the rec- Federal Register. ommendation of the Commission and (3) A state may not submit a request the Council. After such review, NMFS to transfer quota or combine quotas if will publish a proposed rule in the FED- a request to which it is party is pend- ERAL REGISTER to implement a revision ing before the Regional Administrator. in the state shares. After considering A state may submit a new request public comment, NMFS will publish a when it receives notice that the Re- final rule in the FEDERAL REGISTER to gional Administrator has disapproved implement the changes in allocation. the previous request or when notifica- (e) Quota transfers and combinations. tion of approval of the quota transfer Any state implementing a state com- or combination has been filed at the mercial quota for scup may request ap- Office of the Federal Register. proval from the Regional Adminis- (4) If there is a quota overage among trator to transfer part or all of its states involved in the combination of Summer period quota to one or more quotas at the end of the Summer pe- states. Two or more states imple- riod, the overage will be deducted from menting a state commercial quota for the following Summer period’s quota scup may request approval from the for each of the states involved in the Regional Administrator to combine combined quota. The deduction will be their quotas, or part of their quotas, proportional, based on each state’s rel- into an overall regional quota. Re- ative share of the combined quota for quests for transfer or combination of the previous Summer period. A trans- commercial quotas for scup must be fer of quota or combination of quotas made by individual or joint letter(s) does not alter any state’s percentage signed by the principal state official share of the overall Summer period with marine fishery management re- quota specified in paragraph (d) of this sponsibility and expertise, or his or her section. previously named designee, for each [61 FR 43426, Aug. 23, 1996, as amended at 62 state involved. The letter(s) must cer- FR 27984, May 22, 1997] tify that all pertinent state require- ments have been met and identify the § 648.121 Closures. states involved and the amount of (a) Winter closures. The Regional Ad- quota to be transferred or combined. ministrator will monitor the harvest of (1) Within 10 working days following commercial quota for each Winter pe- the receipt of the letter(s) from the riod based on dealer reports, state states involved, the Regional Adminis- data, and other available information trator shall notify the appropriate and shall determine the date when the
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commercial quota for a Winter period terminus of the codend to the head will be harvested. NMFS shall close the rope, excluding any turtle excluder de- EEZ to fishing for scup by commercial vice extension. Scup on board these vessels for the remainder of the indi- vessels shall be stored separately and cated period by publishing notification kept readily available for inspection. in the FEDERAL REGISTER advising (2) Mesh-size measurement. Mesh sizes that, effective upon a specific date, the will be measured according to the pro- commercial quota for that period has cedure specified in § 648.104(a)(2). been harvested, and notifying vessel (3) Net modification. The owner or op- and dealer permit holders that no com- erator of a fishing vessel subject to the mercial quota is available for landing minimum mesh requirement in para- scup for the remainder of the period. graph (a)(1) of this section shall not use (b) Summer closure. The Regional Ad- any device, gear, or material, includ- ministrator will monitor the Summer ing, but not limited to, nets, net period state commercial quota based strengtheners, ropes, lines, or chafing on dealer reports, state data, and other gear, on the top of the regulated por- available information, and shall deter- tion of a trawl net. However, one split- mine the date when a state’s commer- ting strap and one bull rope (if cial quota will be harvested. NMFS present), consisting of line or rope no shall publish notification in the FED- more than 3 inches (7.2 cm) in diame- ERAL REGISTER advising a state that, ter, may be used if such splitting strap effective upon a specific date, its Sum- and/or bull rope does not constrict in mer period commercial quota has been any manner the top of the regulated harvested and notifying vessel and portion of the net, and one rope no dealer permit holders that no Summer greater that 0.75 inches (1.9 cm) in di- period commercial quota is available ameter extending the length of the net for landing scup in that state for the from the belly to the terminus of the remainder of the period. codend along the top, bottom, and each [62 FR 27985, May 22, 1997] side of the net. ‘‘Top of the regulated portion of the net’’ means the 50 per- § 648.122 Season and area restrictions. cent of the entire regulated portion of If the MAFMC determines through the net that (in a hypothetical situa- its annual review process that seasonal tion) will not be in contact with the restrictions or area closures are nec- ocean bottom during a tow if the regu- essary for the commercial or rec- lated portion of the net were laid flat reational sectors to assure that the ex- on the ocean floor. For the purpose of ploitation rate is not exceeded, or to this paragraph (a)(3), head ropes are attain other FMP objectives, such not considered part of the top of the measures will be enacted through the regulated portion of a trawl net. procedure specified in § 648.120. (4) Mesh obstruction or constriction. (i) The owner or operator of a fishing ves- § 648.123 Gear restrictions. sel subject to the minimum mesh re- (a) Trawl vessel gear restrictions—(1) striction in paragraph (a)(1) of this sec- Minimum mesh size. The owners or oper- tion shall not use any mesh construc- ators of otter trawlers who are issued a tion, mesh configuration, or other scup moratorium permit and who pos- means on or in the top of the regulated sess 200 lb or more (90.7 kg or more) of portion of the net, as defined in para- scup from November 1 through April 30 graph (a)(3) of this section, if it ob- or 100 lb or more (45.4 kg or more) of structs the meshes of the net in any scup from May 1 through October 31, manner. must fish with nets that have a min- (ii) The owner or operator of a fishing imum mesh size of 4.5 inches (11.43 cm) vessel subject to the minimum mesh diamond mesh, applied throughout the requirement in paragraph (a)(1) of this codend for at least 75 continuous section may not use a net capable of meshes forward of the terminus of the catching scup if the bars entering or net, or for codends with fewer than 75 exiting the knots twist around each meshes, the minimum-mesh-size other. codend must be a minimum of one- (5) Stowage of nets. The owner or oper- third of the net, measured from the ator of an otter trawl vessel retaining
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4,000 lb or more (1,814 kg or more) of that may be the number assigned by scup and subject to the minimum mesh the Regional Administrator and/or the requirement in paragraph (a)(1) of this identification marking as required by section, may not have available for im- the vessel’s home port state. mediate use any net, or any piece of [61 FR 43426, Aug. 23, 1996, as amended at 61 net, not meeting the minimum mesh FR 56126, Oct. 31, 1996; 62 FR 12107, Mar. 14, size requirement, or mesh that is 1997; 63 FR 72215, Dec. 31, 1998] rigged in a manner that is inconsistent with the minimum mesh size. A net § 648.124 Minimum fish sizes. that conforms to one of the methods (a) The minimum size for scup is 9 specified in § 648.23(b) and that can be inches (22.9 cm) TL for all vessels shown not to have been in recent use is issued a moratorium permit under considered to be not ‘‘available for im- § 648.4(a)(6). If such a vessel is also mediate use.’’ issued a charter and party boat permit (6) Roller gear. The owner or operator and is carrying passengers for hire, or of an otter trawl vessel issued a mora- carrying more than three crew mem- torium permit pursuant to § 648.4(a)(6) bers if a charter boat, or more than shall not use roller rig trawl gear five crew members if a party boat, then equipped with rollers greater than 18 the minimum size specified in para- inches (45.7 cm) in diameter. graph (b) of this section applies. (7) Procedures for changes. The min- (b) The minimum size for scup is 7 imum net mesh and the threshold inches (17.8 cm) TL for all vessels that catch level at which it is required set do not have a moratorium permit, or forth in paragraph (a)(1) of this section, for party and charter vessels that are and the maximum roller diameter set issued a moratorium permit but are forth in paragraph (a)(6) of this section, fishing with passengers for hire, or car- may be changed following the proce- rying more than three crew members if dures in § 648.120. a charter boat, or more than five crew (b) Pot and trap gear restrictions. Own- members if a party boat. ers or operators of vessels subject to (c) The minimum size applies to this part must fish with scup pots or whole fish or any part of a fish found in traps that comply with the following: possession, e.g., fillets. These min- (1) Degradable hinges. A scup pot or imum sizes may be adjusted pursuant trap must have degradable hinges and to the procedures in § 648.120. fasteners made of one of the following degradable materials: § 648.125 Possession limit. (i) Untreated hemp, jute, or cotton (a) Pursuant to the procedures in string of 3⁄16 inches (4.8 mm) diameter § 648.120, the Regional Administrator or smaller; may limit the number of scup that may (ii) Magnesium alloy, timed float re- be possessed in or harvested from the leases (pop-up devices) or similar mag- EEZ north of 35°15.3′ N. lat. by persons nesium alloy fasteners; or aboard vessels that have not been (iii) Ungalvanized or uncoated iron issued a valid moratorium permit. wire of 0.094 inches (2.4 mm) diameter (b) If whole scup are processed into or smaller. fillets, an authorized officer will con- (2) Escape vents. (i) All scup pots or vert the number of fillets to whole scup traps that have a circular escape vent at the place of landing by dividing fil- with a minimum of 3.1 inches (7.9 cm) let number by 2. If scup are filleted in diameter, or a square escape vent into a single (butterfly) fillet, such fil- with a minimum of 2.25 inches (5.7 cm) let shall be deemed to be from one for each side, or an equivalent rectan- whole scup. gular escape vent. (c) Scup harvested by vessels subject (ii) The minimum escape vent size to the possession limit with more than set forth in paragraph (b)(2)(i) of this one person aboard may be pooled in one section may be revised following the or more containers. Compliance with procedures in § 648.120. the daily possession limit will be deter- (3) Pot and trap identification. Pots or mined by dividing the number of scup traps used in fishing for scup must be on board by the number of persons marked with a code of identification aboard other than the captain and
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crew. If there is a violation of the pos- unavailable, length frequency informa- session limit on board a vessel carrying tion from the winter trawl survey and more than one person, the violation mesh selectivity analyses; impact of shall be deemed to have been com- gear other than otter trawls, pots and mitted by the owner and operator. traps on the mortality of black sea (d) Scup and scup parts harvested by bass; and any other relevant informa- a vessel with a moratorium or charter tion. or party boat scup permit, or in or (b) Recommended measures. Based on from the EEZ north of 35°15.3′ N. lat., this review, the Black Sea Bass Moni- may not be landed with the skin re- toring Committee will recommend to moved. the Demersal Species Committee of the Council and the Commission the fol- § 648.126 Protection of threatened and lowing measures to assure that the tar- endangered sea turtles. get exploitation rate specified in para- This section supplements existing graph (a) of this section is not exceed- regulations issued to regulate inci- ed: dental take of sea turtles under au- (1) A commercial quota allocated to thority of the Endangered Species Act quarterly periods set from a range of under 50 CFR parts 222 and 223. In addi- (0) to the maximum allowed to achieve tion to the measures required under the specified target exploitation rate those parts, NMFS will investigate the specified in paragraph (a) of this sec- extent of take in flynet gear and if tion. Implementation of this measure deemed appropriate, may develop and will begin in 1998. certify a Turtle Excluder Device for (2) A commercial trip limit for all that gear. moratorium vessels set from a range of (0) to the maximum allowed to assure [61 FR 43426, Aug. 23, 1996, as amended at 64 FR 14077, Mar. 23, 1999] that the quarterly quota is not exceed- ed. (3) Commercial minimum fish size. Subpart I—Management Meas- (4) Minimum mesh size in the codend ures for the Black Sea Bass or throughout the net and the catch Fishery threshold that will require compliance with the minimum mesh requirement. SOURCE: 61 FR 58467, Nov. 15, 1996, unless (5) Escape vent size. otherwise noted. (6) A recreational possession limit set from a range of (0) to the maximum al- § 648.140 Catch quotas and other re- lowed to achieve the target exploi- strictions. tation rate specified in paragraph (a) of (a) Annual review. The Black Sea this section. Implementation of this Bass Monitoring Committee will re- measure will begin in 1998. view the following data, subject to (7) Recreational minimum fish size. availability, on or before August 15 of (8) Recreational season. This measure each year to determine the allowable may be adjusted beginning in 1998. levels of fishing and other restrictions (9) Restrictions on gear other than necessary to result in a target exploi- otter trawls and pots or traps. tation rate of 48 percent for black sea (c) Annual fishing measures. The bass in 1998, 1999, and 2000; a target ex- Demersal Species Committee shall re- ploitation rate of 37 percent in 2001 and view the recommendations of the 2002; and a target exploitation rate of Black Sea Bass Monitoring Committee. 23 percent (based on Fmax) in 2003 and Based on these recommendations and subsequent years: Commercial and rec- any public comment, the Demersal reational catch data; current estimates Species Committee shall make its rec- of fishing mortality; stock status; re- ommendations to the Council with re- cent estimates of recruitment; virtual spect to the measures necessary to as- population analysis results; levels of sure that the target exploitation rate noncompliance by fishermen or indi- specified in paragraph (a) of this sec- vidual states; impact of size/mesh regu- tion is not exceeded. The Council shall lations; sea sampling and winter trawl review these recommendations and, survey data, or if sea sampling data are based on the recommendations and
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public comment, make recommenda- Maine by any vessel without a morato- tions to the Regional Administrator rium permit and fishing exclusively in with respect to the measures necessary state waters will be counted against to assure that the target exploitation the quota by the state in which it is rate specified in paragraph (a) of this landed pursuant to the Fishery Man- section is not exceeded. Included in the agement Plan for the Black Sea Bass recommendation will be supporting Fishery adopted by the Commission. documents, as appropriate, concerning The Regional Administrator will deter- the environmental and economic im- mine the date on which the quarterly pacts of the proposed action. The Re- quota will be harvested and the EEZ gional Administrator will review these north of 35°15.3′ N. lat. closed. The Re- recommendations and any rec- gional Administrator will publish a no- ommendations of the Commission. tice in the FEDERAL REGISTER advising After such review, the Regional Admin- istrator will publish a proposed rule in that, upon that date, no vessel may possess black sea bass in the EEZ north the FEDERAL REGISTER by October 15 to ° ′ implement a commercial quota and a of 35 15.3 N. lat. during a closure, nor recreational harvest limit, and addi- may vessels issued a moratorium per- tional management measures for the mit land black sea bass during the clo- commercial fishery, and will publish a sure. Individual states will have the re- proposed rule in the FEDERAL REGISTER sponsibility to close their ports to by February 15 to implement addi- landings of black sea bass during a clo- tional management measures for the sure pursuant to the Fishery Manage- recreational fishery, if he or she deter- ment Plan for the Black Sea Bass Fish- mines that such measures are nec- ery adopted by the Commission. Any essary to assure that the target exploi- overages of the commercial quarterly tation rate specified in paragraph (a) of quota landed will be deducted from this section is not exceeded. After con- that quarter’s quota for the following sidering public comment, the Regional year. Administrator will publish a final rule in the FEDERAL REGISTER to implement § 648.141 Closure. the measures necessary to assure that EEZ closure. The Regional Adminis- the target exploitation rate specified trator shall close the EEZ to fishing in paragraph (a) of this section is not for black sea bass by commercial ves- exceeded. sels issued a moratorium permit for (d) Distribution of annual quota. (1) Beginning January 1, 1998, a commer- the remainder of the calendar year by cial quota will be allocated by quar- publishing notification in the FEDERAL terly periods based upon the following REGISTER if he or she determines that percentages: the action or inaction of one or more states will cause the applicable target QUARTERLY COMMERCIAL QUOTA SHARES exploitation rate specified in § 648.140(a) to be exceeded. The Regional Share Quarter (percent) Administrator may reopen the EEZ if earlier action or inaction by a state January±March ...... 38.64 has been remedied by that state with- April±June ...... 29.26 July±September ...... 12.33 out causing the applicable specified October±December ...... 19.77 target exploitation rate to be exceeded.
(2) All black sea bass landed for sale § 648.142 Time restrictions. in the states from North Carolina Vessels that are not eligible for a through Maine by a vessel with a mora- moratorium permit under § 648.4(a)(6) torium permit issued under § 648.4(a)(7) and fishermen subject to the possession shall be applied against that quarter’s limit may not fish for black sea bass commercial quota, regardless of where from August 1 through August 15. This the black sea bass were harvested. All time period may be adjusted pursuant black sea bass harvested north of to the procedures in § 648.140. 35°15.3′ N. lat., and landed for sale in the states from North Carolina through [63 FR 27868, May 21, 1998]
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§ 648.143 Minimum sizes. (ii) Mesh sizes shall be measured pur- suant to the procedure specified in (a) The minimum size for black sea § 648.104(a)(2). bass is 10 inches (25.4 cm) total length (2) Net modifications. No vessel subject for all vessels issued a moratorium per- to this part shall use any device, gear, mit under § 648.4(a)(7) that fish for or or material, including, but not limited retain black sea bass in or from U.S. to nets, net strengtheners, ropes, lines, waters of the western Atlantic Ocean or chafing gear, on the top of the regu- from 35°15.3’ N. Lat., the latitude of lated portion of a trawl net; except Cape Hatteras Light, North Carolina, that, one splitting strap and one bull northward to the U.S.-Canada border. rope (if present) consisting of line or The minimum size may be adjusted for rope no more than 3 inches (7.6 cm) in commercial vessels pursuant to the diameter may be used if such splitting procedures in § 648.140. strap and/or bull rope does not con- (b) The minimum size for black sea strict, in any manner, the top of the bass is 10 inches (25.4 cm) TL for all regulated portion of the net, and one vessels that do not qualify for a mora- rope no greater than 0.75 inches (1.9 torium permit, and party boats holding cm) in diameter extending the length a moratorium permit if fishing with of the net from the belly to the ter- passengers for hire or carrying more minus of the codend along the top, bot- than five crew members, or charter tom, and each side of the net. ‘‘Top of boats, holding a moratorium permit if the regulated portion of the net’’ fishing with more than three crew means the 50 percent of the entire reg- members. The minimum size may be ulated portion of the net that (in a hy- adjusted for recreational vessels pursu- pothetical situation) will not be in con- ant to the procedures in § 648.140. tact with the ocean bottom during a (c) The minimum size in this section tow if the regulated portion of the net applies to the whole fish or any part of were laid flat on the ocean floor. For a fish found in possession (e.g., fillets), the purpose of this paragraph, head except that party or charter vessels ropes shall not be considered part of possessing valid state permits author- the top of the regulated portion of a izing filleting at sea may possess fillets trawl net. smaller than the size specified if skin (3) Mesh obstruction or constriction. (i) remains on the fillet and all other A fishing vessel may not use any mesh state requirements are met. configuration, mesh construction, or other means on or in the top of the net, [61 FR 58467, Nov. 15, 1996, as amended at 63 as defined in paragraph (a)(2) of this FR 27868, May 21, 1998] section, that obstructs the meshes of the net in any manner, or otherwise § 648.144 Gear restrictions. causes the size of the meshes of the net (a) Trawl gear restrictions—(1) General. while in use to diminish to a size (i) Otter trawlers whose owners are smaller than the minimum established issued a black sea bass moratorium pursuant to paragraph (a)(1)(i) of this permit and that land or possess 1,000 lb section. or more (453.6 kg or more) of black sea (ii) No person on any vessel may pos- bass per trip, must fish with nets that sess or fish with a net capable of catch- have a minimum mesh size of 4.0 inches ing black sea bass in which the bars en- (10.2 cm) diamond or 3.5 inches (8.9 cm) tering or exiting the knots twist square (inside measure) mesh applied around each other. throughout the codend for at least 75 (4) Stowage of nets. Otter trawl vessels continuous meshes forward of the ter- subject to the minimum mesh-size re- minus of the net, or, for codends with quirement of paragraph (a)(1)(i) of this less than 75 meshes, the minimum- section may not have ‘‘available for mesh-size codend must be a minimum immediate use’’ any net or any piece of of one-third of the net, measured from net that does not meet the minimum the terminus of the codend to the cen- mesh size requirement, or any net, or ter of the head rope, excluding any tur- any piece of net, with mesh that is tle excluder device extension. rigged in a manner that is inconsistent
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with the minimum mesh size require- § 648.145 Possession limit. ment. A net that is stowed in conform- A possession limit will be established ance with one of the methods specified pursuant to the procedures in § 648.140 in § 648.23(b) and that can be shown not to assure that the recreational harvest to have been in recent use, is consid- limit is not exceeded. ered to be not ‘‘available for immediate (a) If whole black sea bass are proc- use.’’ essed into fillets, an authorized officer (5) Roller gear. Rollers used in roller rig or rock hopper trawl gear shall be will convert the number of fillets to no larger than 18 inches (45.7 cm) in di- whole black sea bass at the place of ameter. landing by dividing fillet number by (b) Pot and trap gear restrictions—(1) two. If black sea bass are filleted into Gear marking. The owner of a vessel a single (butterfly) fillet, such fillet issued a black sea bass moratorium shall be deemed to be from one whole permit must mark all black sea bass black sea bass. pots or traps with the vessel’s USCG (b) Black sea bass harvested by ves- documentation number or state reg- sels subject to the possession limit istration number. with more than one person aboard may (2) Escape vents. All black sea bass be pooled in one or more containers. traps or pots must have an escape vent Compliance with the daily possession placed in a lower corner of the parlor limit will be determined by dividing portion of the pot or trap which com- the number of black sea bass on board plies with one of the following min- by the number of persons aboard, other imum sizes: 1.125 inches (2.86 cm) by than the captain and the crew. If there 5.75 inches (14.61 cm); or a circular vent is a violation of the possession limit on 2 inches (5.08 cm) in diameter; or a board a vessel carrying more than one square vent with sides of 1.5 inches person, the violation shall be deemed (3.81 cm), inside measure; however, to have been committed by the owner black sea bass traps or pots con- and operator. structed of wooden laths may instead (c) Owners or operators of otter trawl have an escape vent constructed by vessels issued a moratorium permit leaving a space of at least 1.125 inches under § 648.4(a)(6) and fishing with, or (2.86 cm) between one set of laths in possessing on board, nets or pieces of the parlor portion of the trap. The di- net that do not meet the minimum mensions for escape vents and lath mesh requirements and that are not spacing may be adjusted pursuant to stowed in accordance with the procedures in § 648.140. § 648.144(a)(4), may not retain 1,000 lb (3) Ghost panel. Black sea bass traps (453.6 kg) or more of black sea bass. or pots must contain a ghost panel af- Black sea bass on board these vessels fixed to the trap or pot with degradable shall be stored so as to be readily avail- fasteners and hinges. The opening to be able for inspection in a standard 100-lb covered by the ghost panel must meas- (45.4-kg) tote. ure at least 3.0 inches (7.62 cm) by 6.0 [61 FR 58467, Nov. 15, 1996, as amended at 63 inches (15.24 cm). The ghost panel must FR 11160, Mar. 6, 1998] be affixed to the pot or trap with hinges and fasteners made of one of the § 648.146 Special management zones. following degradable materials: The recipient of a Corps of Engineers (i) Untreated hemp, jute, or cotton permit for an artificial reef, fish at- string of 3/16 inches (4.8 mm) diameter traction device, or other modification or smaller; or of habitat for purposes of fishing may (ii) Magnesium alloy, timed float re- request that an area surrounding and leases (pop-up devices) or similar mag- including the site be designated by the nesium alloy fasteners; or Council as a special management zone (iii) Ungalvanized or uncoated iron (SMZ). The SMZ will prohibit or re- wire of 0.094 inches (2.4 mm) diameter strain the use of specific types of fish- or smaller. ing gear that are not compatible with [61 FR 58467, Nov. 15, 1996, as amended at 62 the intent of the artificial reef or fish FR 25138, May 8, 1997; 62 FR 66310, Dec. 18, attraction device or other habitat 1997] modification. The establishment of an
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SMZ will be effected by a regulatory with the Magnuson-Stevens Act and amendment pursuant to the following other applicable law. procedure: (a) A SMZ monitoring team com- Subpart J—Management Meas- prised of members of staff from the ures for the Atlantic Bluefish Mid-Atlantic FMC, NMFS Northeast Fishery Region, and NMFS Northeast Fisheries Science Center will evaluate the re- quest in the form of a written report SOURCE: 62 FR 13300, Mar. 20, 1997, unless considering the following criteria: otherwise noted. (1) Fairness and equity. § 648.160 Fishing year. (2) Promotion of conservation. (3) Avoidance of excessive shares. The fishing year is from January 1 (4) Consistency with the objectives of through December 31. Amendment 9 to the Fishery Manage- § 648.161 Possession limit. ment Plan for the Summer Flounder, Scup and Black Sea Bass fisheries, the (a) Possession limit. (1) No person shall Magnuson-Stevens Act, and other ap- possess more than ten bluefish unless plicable law. he/she has a permit meeting the re- (5) The natural bottom in and sur- quirements of § 648.4(a)(8). rounding potential SMZs. (2) Bluefish caught while in posses- (6) Impacts on historical uses. sion of a permit meeting the require- (b) The Council Chairman may sched- ments of § 648.4(a)(8) must be kept sepa- ule meetings of Industry Advisors and/ rate from the pooled catch and in the or the Scientific and Statistical Com- possession of the permit holder at all mittee to review the report and associ- times. ated documents and to advise the (3) If Atlantic bluefish are filleted Council. The Council Chairman may into two or more sections, such fillets also schedule public hearings. shall be deemed to be whole Atlantic (c) The Council, following review of bluefish using a ratio of 1:2 (two fillets the SMZ monitoring teams’s report, to one whole fish). If Atlantic bluefish supporting data, public comments, and are filleted into single (butterfly) fil- other relevant information, may rec- lets, such fillets shall be deemed to be ommend to the Regional Administrator whole Atlantic bluefish. that a SMZ be approved. Such a rec- (4) Atlantic bluefish harvested from ommendation will be accompanied by party and charter boats or other ves- all relevant background information. sels carrying more than one person (d) The Regional Administrator will may be commingled. Compliance with review the Council’s recommendation. the daily possession limit will be deter- If the Regional Administrator concurs mined by dividing the number of Atlan- in the recommendation, he or she will tic bluefish on board by the number of publish a proposed rule in the FEDERAL persons aboard, provided, however, REGISTER in accordance with the rec- that if a person or persons aboard are ommendations. If the Regional Admin- fishing under a permit meeting the re- istrator rejects the Council’s rec- quirements of § 648.4(a)(8), his/her catch ommendation, he or she shall advise shall not be counted for determining the Council in writing of the basis for compliance with the possession limit, the rejection. if it is maintained in the possession of (e) The proposed rule shall afford a such person(s). If there is a violation of reasonable period for public comment. the possession limit on board a vessel Following a review of public comments carrying more than one person, the and any information or data not pre- violation shall be deemed to have been viously available, the Regional Admin- committed by the owner and/or oper- istrator will publish a final rule if he or ator. she determines that the establishment (b) Adjustment of the possession limit. of the SMZ is supported by the sub- After notice and 15 days opportunity stantial weight of evidence in the ad- for public comment, NMFS may adjust ministrative record and consistent the possession limit within a range of 0
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to 15 Atlantic bluefish based on a rec- ings in each state, regardless of where ommendation of the MAFMC and Com- the bluefish were caught. mission. NMFS will publish a notice of (d) If whole Atlantic bluefish are any proposed adjustment, together processed into fillets at sea, then fillet with the basis for such adjustment, in weight will be converted to whole the FEDERAL REGISTER. After consider- weight at the state of landing by mul- ation of any public comments, NMFS tiplying fillet weight by 2.5. If whole may adjust the possession limit by Atlantic bluefish are headed and gutted publishing a notice of adjustment in at sea, then the conversion is accom- the FEDERAL REGISTER. plished by multiplying headed/gutted weight by 1.5. § 648.162 Catch monitoring, commer- (e) If the MAFMC concludes that the cial controls, and gear restrictions. increase in the commercial catch is at- (a) The Bluefish Committee will re- tributable to the use of purse seines, view bluefish catch statistics, a projec- pair trawls, or encircling (runaround) tion of the commercial share for the gillnets, then it will propose restric- next fishing year, and the most recent tions applicable to that gear type. In stock assessment prior to August 15th determining what restrictions are nec- of each year. The Bluefish Committee essary to control the catch of Atlantic will report to the MAFMC and the bluefish by commercial fishermen Commission. using these gear types, the MAFMC (b) The MAFMC and the Commission may consider: will review the report of the Bluefish (1) Trip limits; Committee. If the report indicates that (2) Area closures; the commercial catch for the next fish- (3) Banning the use of these gear ing year will equal or exceed 20 percent types; or of the total catch (recreational catch (4) Any other measures it deems ap- plus commercial landings) of Atlantic propriate. bluefish, the MAFMC and Commission (f) The Regional Administrator will will propose the commercial controls review any gear restrictions proposed to be implemented at the start of the by the MAFMC. If the Regional Admin- upcoming year. If the report indicates istrator concurs that the proposed gear that the commercial catch will be restrictions are consistent with the greater than 17 percent but less than 20 goals and objectives of the FMP, the percent of the total catch of Atlantic national standards, and other applica- bluefish, or that the commercial share ble law, the Regional Administrator for the last full year is 50 percent will recommend that NMFS publish a greater than the previous year’s com- notice of the proposed restrictions in mercial share, the MAFMC and Com- the FEDERAL REGISTER with a 30-day mission will determine whether com- public comment period. After publica- mercial controls are necessary. In tion of such notice and after consider- making such a determination the ation of any public comments, NMFS MAFMC and Commission will consider: may impose such restrictions by pub- (1) The most recent catch data. lishing a notice of gear restrictions in (2) Trends in the fishery. the FEDERAL REGISTER. (3) Any other relevant factors. (g) NMFS may rescind any gear re- (c) If the catch in the commercial striction if it finds, based on the advice fishery is projected to equal or exceed of the MAFMC through the process set the 20 percent limit during the upcom- forth in paragraphs (a) and (b) of this ing year, then a state allocation sys- section, that the restriction is no tem will be implemented. This will en- longer necessary. tail the use of landings data from the most recent 10-year period for each § 648.163 Closure of the fishery. state, to determine the average per- The Regional Administrator shall centage of each state’s coastwide com- close the commercial fishery for Atlan- mercial landings. These percentages tic bluefish in the EEZ if the commer- will be used to determine the amount cial fisheries for Atlantic bluefish have of the coastwide quota allocated to been closed in all Atlantic coastal each state. Quotas will apply to land- states.
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PART 649—AMERICAN LOBSTER gear, which is fished deeper than 200 FISHERY fathoms (365.8 m), is gear not capable of taking lobsters, and is not subject to Subpart A—General Provisions the provisions of this part. Sec. § 649.2 Definitions. 649.1 Purpose and scope. 649.2 Definitions. In addition to the definitions in the 649.3 Relation to other laws. Magnuson Act and in § 620.2 of this 649.4 Vessel permits. chapter, the terms used in this part 649.5 Operator permits. have the following meanings: 649.6 Dealer permits. American lobster or lobster means the 649.7 Vessel identification. 649.8 Prohibitions. species Homarus americanus. 649.9 Facilitation of enforcement. Beam trawl means gear, consisting of 649.10 Penalties. a twine bag attached to a beam at- tached to a towing wire, designed so Subpart B—Management Measures that the beam does not contact the 649.20 Harvesting and landing requirements. bottom. The beam is constructed with 649.21 Gear identification and marking, es- sinkers or shoes on either side that cape vent, and ghost panel requirements. support the beam above the bottom or 649.22 Experimental fishing exemption. any other modification so that the 649.23 Restricted gear areas. beam does not contact the bottom. The 649.24 Exempted waters for Maine State beam trawl is designed to slide along American lobster permits. the bottom rather than dredge the bot- Subpart C—Stock Rebuilding Program and tom. Framework Adjustments to Manage- Berried female means a female Amer- ment Measures ican lobster bearing eggs attached to the abdominal appendages. 649.41 Purpose and scope. 649.42 Stock rebuilding program require- Carapace length is the straight line ments and time frame. measurement from the rear of the eye 649.43 First-year framework specifications. socket parallel to the center line of the 649.44 Framework specifications. carapace to the posterior edge of the FIGURES—PART 649 carapace. The carapace is the FIGURE 1—STANDARD TETRAHEDRAL CORNER unsegmented body shell of the Amer- RADAR REFLECTOR ican lobster. FIGURE 2—AMERICAN LOBSTER MANAGEMENT Council means the New England Fish- AREAS ESTABLISHED FOR THE PURPOSES OF REGIONAL LOBSTER MANAGEMENT ery Management Council. FIGURE 3—SEAWARD BOUNDARY LINES OF THE Dealer means any person who re- SOUTHERN NEW ENGLAND NEARSHORE ceives American lobsters for a commer- AREA (AREA 2) AND THE OFFSHORE AREA cial purpose from the owner or oper- (AREA 3) ator of a vessel issued a valid Federal AUTHORITY: 16 U.S.C. 1801 et seq. vessel permit under this part, other SOURCE: 59 FR 31943, June 21, 1994, unless than exclusively for transport on land. otherwise noted. Dive vessel means any vessel carrying divers for a per capita fee or a charter Subpart A—General Provisions fee. Effort Monitoring Team (EMT) means § 649.1 Purpose and scope. a group of technical experts made up of This part implements the Fishery representatives from the Council, Management Plan for the American NMFS, the appropriate states, and a Lobster Fishery (FMP), as amended by group of American lobster industry the New England Fishery Management representatives (appointed by the Council in consultation with the Mid- Council), per management area, to Atlantic Fishery Management Council each EMT. and the Atlantic States Marine Fish- Escape vent means an opening in a eries Commission (ASMFC), and ap- lobster trap designed to allow lobster proved by the Assistant Administrator smaller than the legal minimum size to for Fisheries, NOAA. Red crab fishing escape from the trap.
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Fishery Management Plan (FMP) capable of fishing commercially for means the Fishery Management Plan American lobsters. for American Lobsters, as amended. Scrubbing is the forcible removal of Ghost panel means a panel, or other eggs from a berried female American mechanism, designed to allow for the lobster. escapement of lobster after a period of Trawl means gear consisting of a net time if the trap has been abandoned or that is towed, including but not lim- lost. ited to beam trawls, pair trawls, otter Gross registered tonnage means the trawls, and Danish and Scottish seine gross registered tonnage specified on gear. the U.S. Coast Guard documentation Under agreement for construction for a vessel. means that the keel has been laid and Land means to enter port with fish that there is a written agreement to on board, to begin offloading fish, or to construct a fishing vessel. offload fish. V-notched American lobster means any female American lobster bearing a V- Lobster pot trawl means a number of shaped notch in the flipper next to and lobster traps, all attached to a single to the right of the center flipper as groundline. viewed from the rear of the lobster (un- Mobile gear means trawls, beam derside of the lobster down and tail to- trawls, and dredges that are designed ward the viewer). to maneuver with that vessel. V-shaped notch means a straight- Net tonnage means the net tonnage sided triangular cut, without setal specified on the U.S. Coast Guard docu- hairs, as least 1/4 inch (0.64 cm) in mentation for a vessel. depth and tapering to a point. Offload means to begin to remove, to Whole American lobster means a lob- remove, to pass over the rail, or other- ster with an intact and measurable wise take away fish from any vessel. body (tail and carapace). A cull whole Operator means the master or captain American lobster is an American lob- of the vessel, or other individual on ster with one or both claws missing. board the vessel, who is in charge of [59 FR 31943, June 21, 1994, as amended at 62 that vessel’s operations. FR 10750, Mar. 10, 1997] Party/charter boat means any vessel carrying fishing persons or parties for § 649.3 Relation to other laws. a per capita fee or for a charter fee. (a) The relation of this part to other Postmark means independently laws is set forth in § 620.3 of this chap- verifiable evidence of date of mailing, ter. such as U.S. Postal Service postmark, (b) Nothing in these regulations shall United Parcel Service (U.P.S.) or other supersede more restrictive state man- private carrier postmark, certified agement measures for American lob- mail receipt, overnight mail receipt, or sters. receipt received upon hand delivery to an authorized representative of NMFS. § 649.4 Vessel permits. Recreational fishing means fishing (a) 1994 vessel permits. (1) Through that is not intended to, nor results in April 30, 1995, any vessel of the United the barter, trade, or sale of fish. States fishing for American lobster in Recreational fishing vessel means any the EEZ must have been issued and vessel from which no fishing other than carry on board a valid permit required recreational fishing is conducted. Char- by or issued under this part. The Re- ter and party boats and dive boats are gional Director may, by agreement not considered recreational fishing ves- with State agencies, recognize permits sels. or licenses issued by those agencies en- Regional Director means the Director, dorsed for fishing for lobster in the Northeast Region, NMFS, 1 Blackburn EEZ, providing that such permitting Drive, Gloucester, MA 01930–2298, or a programs accurately identify persons designee. who fish in the EEZ, and that the Re- Re-rig or re-rigged means physical al- gional Director can either individually, teration of the vessel or its gear in or in concert with the state agency, act order to transform the vessel into one to suspend the permit or license for
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EEZ fishing for any violation under and vessels that fish exclusively in this part. state waters for American lobsters. (2) Alternate State EEZ permitting (1) Eligibility in 1995. (i) To be eligible programs will be established through a for a limited access permit for 1995, a letter of agreement between the Re- vessel or the permit applicant must gional Director and the director of the meet one of the following criteria: State marine fisheries agency con- (A) The vessel was issued a Federal cerned. The letter of agreement will American lobster permit and landed specify the information to be collected American lobster prior to March 25, by the alternate EEZ permitting pro- 1991, while in possession of the lobster gram and the mode and frequency of permit. provision of that information to the (B) To qualify for the limited access Regional Director. The Regional Direc- permit based on a federally endorsed tor will, in cooperation with the State state permit history, one of the fol- director, arrange for notification of the lowing criteria must be met: existence and terms of any such agree- (1) The permit applicant was issued a ments to the affected persons. Persons federally endorsed state American lob- intending to fish in the EEZ should de- ster permit, and landed American lob- termine whether an alternate EEZ per- ster prior to March 25, 1991, and owned mitting program is in force for their a vessel that landed American lobster state before applying for a Federal per- prior to March 25, 1991, while in posses- mit under paragraph (d) of this section. sion of the lobster permit; or (2) The vessel was owned by a person (3) Vessel owners or operators who who landed lobster prior to March 25, apply for a fishing vessel permit under 1991, while in possession of a valid fed- this section, or for a State permit en- erally endorsed state American lobster dorsed for EEZ fishing under paragraph permit, and the vessel was transferred (a)(2) of this section, must agree, as a to the current vessel owner in accord- condition of the permit, that all the ance with the exception to the pre- vessel’s lobster fishing, catch, and gear sumption specified in paragraph (without regard to whether such fish- (b)(3)(ii) of this section; or ing occurs in the EEZ or landward of (3) The permit applicant owned a ves- the EEZ, and without regard to where sel that landed American lobster prior such lobster, lobster meats, or parts, or to March 25, 1991, while under the oper- gear are possessed, taken or landed) ation of an individual with a valid fed- will be subject to all the requirements erally endorsed state lobster permit; or of this part. All such fishing, catch, (4) The permit applicant owned a ves- and gear will remain subject to any ap- sel that landed American lobster prior plicable state or local requirements. If to March 25, 1991, while the applicant a requirement of this part and a con- held a valid signed written lease, rec- servation measure required by state or ognized and authorized by the issuing local law differ, any vessel owner or op- state, granting the rights to a federally erator permitted to fish in the EEZ endorsed state lobster permit. must comply with the more restrictive (C) The vessel was under written requirement. agreement for construction or rerig- (b) Limited access American lobster per- ging for directed American lobster fish- mits. From May 1, 1995, through Decem- ing, or was under written contract for ber 31, 1999, any vessel of the United purchase as of March 25, 1991, and the States that fishes for, possesses, or applicant meets one of the eligibility lands American lobster in or harvested criteria set forth in paragraph from the EEZ must have been issued (b)(1)(i)(A) or (B) of this section. For and carry on board a valid Federal lim- the purposes of paragraph (b)(1)(i)(C) ited access American lobster permit. all references to March 25, 1991, in This requirement does not apply to paragraph (b)(1)(i)(A) or (B) of this sec- party, charter and dive boats that pos- tion should be March 25, 1992. sess six or fewer American lobsters, not (D) The vessel is replacing a vessel intended for or resulting in trade, bar- that meets the criteria set forth in ter or sale, per person aboard the vessel paragraph (b)(1)(i)(A), (B), or (C) of this at any time, or to recreational vessels, section.
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(ii) No more than one vessel may presumed to transfer with the vessel qualify, at any one time, for a limited whenever it is bought, sold or other- access American lobster permit based wise transferred, unless there is a writ- on that or another vessel’s fishing and ten agreement, signed by the trans- permit history. If more than one vessel feror/seller and transferee/buyer, or owner claims eligibility for a limited other credible written evidence, access American lobster permit, based verifying that the transferor/seller is on one vessel’s fishing and permit his- retaining the vessel fishing and permit tory, the Regional Director shall deter- history for purposes of replacing the mine who is entitled to qualify for the vessel. limited access American lobster per- (ii) The fishing and permit history of mit. a vessel owner and a vessel that quali- (iii) A limited access American lob- fies based on issuance of a federally en- ster permit for 1995 will not be issued dorsed state lobster permit under para- unless an application for such permit is graphs (b)(1)(i)(B) and (C) of this sec- received by the Regional Director on or tion is presumed to remain with such before December 31, 1995. owner for any transfers of the vessel (2) Eligibility in 1996 and thereafter. (i) before and including March 25, 1991; To be eligible to renew or apply for a and for any transfers of ownership of limited access lobster permit, a vessel the vessel after March 25, 1991, the fish- or permit applicant must have been ing and permit history necessary to issued a limited access lobster permit qualify for a limited access lobster per- for the preceding year, be replacing a mit under paragraphs (b)(1)(i)(B) and vessel that was issued a limited access (C) of this section is presumed to re- lobster permit for the preceding year, main with the last owner of the vessel or be replacing a vessel that was issued as of or prior to March 25, 1991, unless a confirmation of permit history. If there is a written agreement, signed by more than one applicant claims eligi- the transferor/seller and transferee/ bility to apply for a limited access buyer, or other credible written evi- American lobster permit or CPH based dence, verifying that the transferor/ on one fishing and permit history, the seller is transferring the fishing and Regional Administrator shall deter- permit history of a vessel necessary to mine who is entitled to qualify for the qualify for a limited access lobster per- limited access permit or permit history mit under paragraph (b)(1)(i)(B) or (C) confirmation. of this section to the transferee/buyer. (ii) Beginning January 1, 2000, any (iii) Restriction on permit splitting. A vessel of the United States that fishes limited access American lobster permit for, possesses, or lands American lob- may not be issued to a vessel or to its ster, in or harvested from the EEZ, replacement, or remain valid, if a ves- must have been issued and carry on sel’s permit or fishing history has been board a valid Federal American lobster used to qualify another vessel for an- permit. This requirement does not other Federal fishery. apply to party, charter and dive boats (iv) Consolidation restriction. Limited that possess six or fewer American lob- access permits may not be combined or sters, not intended for or resulting in consolidated. trade, barter, or sale, per person aboard (v) Confirmation of permit history. Not- the vessel at any time, or to rec- withstanding any other provisions of reational vessels and vessels that fish this part, a person who does not cur- exclusively in state waters for Amer- rently own a fishing vessel, but who ican lobsters. The eligibility require- has owned a qualifying vessel that has ments for limited access permits for sunk, been destroyed, or transferred to the years 1996 - 1999 are not applicable another person, must apply for and re- for obtaining an American lobster per- ceive a CPH if the fishing and permit mit for the year 2000 and thereafter. history of such vessel has been retained (3) Change in ownership. (i) The fish- lawfully by the applicant. To be eligi- ing and permit history of a vessel that ble to obtain a CPH, the applicant qualifies based on issuance of a Federal must show that the qualifying vessel lobster permit under paragraphs meets the eligibility requirements, as (b)(1)(i)(A) and (C) of this section is applicable, in this part. Issuance of a
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valid CPH preserves the eligibility of may apply for a limited access Amer- the applicant to apply for a limited ac- ican lobster permit by submitting the cess permit for a replacement vessel information described in paragraphs (d) based on the qualifying vessel’s fishing through (e) of this section. In the event and permit history at a subsequent the application is denied, the applicant time, subject to the replacement provi- may appeal as specified in paragraph sions specified in this section. A CPH (b)(5) of this section. If, through either must be applied for in order for the ap- of these procedures, the Regional Di- plicant to preserve the fishing rights rector determines that the vessel and limited access eligibility of the meets the eligibility criteria, a limited qualifying vessel. If fishing privileges access American lobster permit will be have been assigned or allocated pre- issued to the vessel. viously under this part, based on the (5) Appeal of denial of limited access qualifying vessel’s fishing and permit American lobster permit or of permit cat- history, the CPH also preserves such egory assignment. (i) Any applicant de- fishing privileges. Any decision regard- nied a limited access American lobster ing the issuance of a CPH for a quali- permit may appeal the denial to the fying vessel that has applied for or Regional Director within 30 days of the been issued previously a limited access notice of denial. Any such appeal must permit is a final agency action subject be based on one or more of the fol- to judicial review under 5 U.S.C. 704. lowing grounds, must be in writing, An application for a CPH must be re- and must state the grounds for the ap- ceived by the Regional Administrator peal: no later than 30 days prior to the end of (A) The information used by the Re- the first full fishing year in which a gional Director was based on mistaken vessel permit cannot be issued. Failure or incorrect data; to do so is considered abandonment of (B) The applicant was prevented by the permit as described in paragraph circumstances beyond his/her control (q) of this section. A CPH issued under from meeting relevant criteria; or this part will remain valid until the fishing and permit history preserved by (C) The applicant has new or addi- the CPH is used to qualify a replace- tional information. ment vessel for a limited access per- (ii) The Regional Director will ap- mit. Information requirements for the point a designee who will make the ini- CPH application are the same as those tial decision on the appeal. for a limited access permit with any re- (iii) The appellant may request a re- quest for information about the vessel view of the initial decision by the Re- being applicable to the qualifying ves- gional Director by so requesting, in sel that has been sunk, destroyed, or writing, within 30 days of the notice of transferred. Vessel permit applicants initial decision. If the appellant does who have been issued a CPH and who not request a review of the initial deci- wish to obtain a vessel permit for a re- sion within 30 days, the initial decision placement vessel based upon the pre- shall become the final administrative vious vessel history may do so pursu- action of the Department of Com- ant to paragraph (b)(1)(i)(D) of this sec- merce. tion. (iv) Recommendations to the Regional (4) Notification of eligibility for a lim- Director by a hearing officer. A hearing ited access permit. (i) NMFS will at- officer shall be appointed by the Re- tempt to notify all owners of vessels gional Director to review the initial for which NMFS has credible evidence decision. The hearing officer shall that they meet the criteria in para- make findings and a recommendation graph (b)(1) of this section. to the Regional Director, which shall (ii) If a vessel owner has not been no- be advisory only. tified that the vessel is eligible to be (v) Upon receiving the findings and a issued a limited access American lob- recommendation, the Regional Direc- ster permit, and the vessel owner be- tor will issue a final decision on the ap- lieves that there is credible evidence peal. The Regional Director’s decision that the vessel does qualify under the is the final administrative action of pertinent criteria, the vessel owner the Department of Commerce.
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(vi) Fishing during appeal. A vessel for endar year in which the Confirmation which an appeal has been initiated and of Permit History expires. Information that was issued a 1994 Federal or feder- requirements for the Confirmation of ally endorsed state lobster permit, may Permit History application shall be the fish for American lobster in the EEZ if same as those for a limited access per- the appeal is pending and the vessel mit with any request for information has on board an authorizing letter from about the vessel being applicable to the the Regional Director. If the appeal is qualifying vessel that has been sunk, finally denied, the Regional Director destroyed, or transferred. Vessel per- shall send a notice of final denial to mit applicants who hold a Confirma- the vessel owner; the authorizing letter tion of Permit History and who wish to becomes invalid 5 days after receipt of obtain a vessel permit for a replace- the notice of denial. ment vessel based upon the previous (6) Confirmation of Permit History. Not- vessel history may do so pursuant to withstanding any other provisions of paragraph (b) of this section. this part, a person who does not cur- (c) Condition. Vessel owners who rently own a fishing vessel, but who apply for a permit under this section has owned a qualifying vessel that has must agree, as a condition of the per- sunk, been destroyed, or transferred to mit, that the vessel and vessel’s fish- another person, may apply for and re- ing, catch, and pertinent gear (without ceive a Confirmation of Permit History regard to whether such fishing occurs if the fishing and permit history of in the EEZ or landward of the EEZ, and such vessel has been retained lawfully without regard to where such fish or by the applicant. To be eligible to ob- gear are possessed, taken, or landed), tain a Confirmation of Permit History, are subject to all requirements of this the applicant must show that the qualifying vessel meets the eligibility part. The vessel and all such fishing, requirements, as applicable, in this catch, and gear shall remain subject to part. Issuance of a valid and current all applicable state or local require- Confirmation of Permit History pre- ments. If a requirement of this part serves the eligibility of the applicant and a management measure required to apply for or renew a limited access by state or local law differ, any vessel permit for a replacement vessel based owner permitted to fish in the EEZ on the qualifying vessel’s fishing and must comply with the more restrictive permit history at a subsequent time, requirement. subject to the replacement provisions (d) Vessel permit application. Appli- specified at § 649.4. A Confirmation of cants for a permit under this section Permit History must be applied for and must submit a completed application received on an annual basis in order for on an appropriate form obtained from the applicant to preserve the fishing the Regional Director. The application rights and limited access eligibility of must be signed by the owner of the ves- the qualifying vessel. If fishing privi- sel, or the owner’s authorized rep- leges have been assigned or allocated resentative, and be submitted to the previously under this part based on the Regional Director at least 30 days be- qualifying vessel’s fishing and permit fore the date on which the applicant history, the Confirmation of Permit desires to have the permit made effec- History also preserves such fishing tive. The Regional Director will notify privileges. Any decision regarding the the applicant of any deficiency in the issuance of a Confirmation of Permit application pursuant to this section. History for a qualifying vessel that has Applicants for 1995 limited access applied for or been issued previously a American lobster permits who have not limited access permit under this part is been notified of eligibility by the Re- a final agency action subject to judi- gional Director shall provide informa- cial review under 5 U.S.C. 704. Applica- tion with the application sufficient for tions for a Confirmation of Permit His- the Regional Director to determine tory shall be accepted by the Regional whether the vessel meets the eligi- Director on or before December 31, 1995. bility requirements specified under For subsequent years, applications paragraph (b)(1) of this section. Accept- must be received by the end of the cal- able forms of proof include, but are not
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limited to, state weigh-out records, (i) The applicant has failed to submit packout forms, and settlement sheets. a completed application. An applica- (e) Information requirements. In addi- tion is complete when all requested tion to applicable information required forms, information, documentation, to be provided by paragraph (d) of this and fees, if applicable, have been re- section, an application for a Federal ceived; or American lobster permit must contain (ii) The application was not received at least the following information, and by the Regional Director by the dead- any other information required by the lines set forth in paragraph (b)(1)(iii) of Regional Director: Vessel name; owner this section; or name, mailing address, and telephone (iii) The applicant and applicant’s number; U.S. Coast Guard documenta- vessel failed to meet all eligibility re- tion number and a copy of the vessel’s quirements described in paragraphs U.S. Coast Guard documentation or, if (b)(1) and (2) of this section; or undocumented, state registration num- (iv) The applicant has failed to meet ber and a copy of the state registra- any other application requirements tion; home port and principal port of stated in this part. landing; overall length; gross tonnage; (2) Upon receipt of an incomplete or net tonnage; engine horsepower; year improperly executed application, the the vessel was built; type of construc- Regional Director shall notify the ap- tion; type of propulsion; approximate plicant of the deficiency in the applica- fish-hold capacity; type of fishing gear tion. If the applicant fails to correct the deficiency within 30 days following used by the vessel; permit category; if the date of notification, the applica- the owner is a corporation, a copy of tion will be considered abandoned. the Certificate of Incorporation; and (h) Expiration. A Federal American the names and addresses of all share- lobster permit will expire upon the re- holders owning 25 percent or more of newal date specified in the permit. the corporation’s shares; if the owner (i) Duration. A permit is valid until it is a partnership, a copy of the Partner- is revoked, suspended, or modified ship Agreement and the names and ad- under 15 CFR part 904, or until it other- dresses of all partners; if there is more wise expires, or ownership changes, or than one owner, names of all owners the applicant has failed to report any having more than a 25 percent interest; change in the information on the per- and name and signature of the owner mit application to the Regional Direc- or the owner’s authorized representa- tor as specified in paragraph (l) of this tive. section. (f) Fees. The Regional Director may (j) Replacement. Replacement per- charge a fee to recover the administra- mits, for an otherwise valid permit, tive expense of issuing a permit re- may be issued by the Regional Director quired under this section. The amount when requested in writing by the owner of the fee shall be calculated in accord- or authorized representative, stating ance with the procedures of the NOAA the need for replacement, the name of Finance Handbook for determining ad- the vessel, and the Federal Fisheries ministrative costs of each special prod- Permit number assigned. An applica- uct or service. The fee may not exceed tion for a replacement permit will not such costs and is specified with each be considered a new application. An ap- application form. The appropriate fee propriate fee may be charged for must accompany each application; if it issuance of the replacement permit. does not, the application will be con- (k) Transfer. Permits issued under sidered incomplete for purposes of this section are not transferable or as- paragraph (g)(1) of this section. signable. A permit is valid only for the (g) Issuance. (1) Except as provided in vessel and owner to whom it is issued. subpart D of 15 CFR part 904 and under (l) Change in application information. paragraph (b)(5) of this section, the Re- Within 15 days after a change in the in- gional Director shall issue a Federal formation contained in an application American lobster vessel permit within submitted under this section, a written 30 days of receipt of the application un- notice of the change must be submitted less: to the Regional Director. If the written
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notice of the change in information is and vessels that fish exclusively in not received by the Regional Director state waters for American lobsters. within 15 days, the permit is void. (b) Operator application. Applicants (m) Alteration. Any permit that has for a permit under this section must been altered, erased, or mutilated is in- submit a completed permit application valid. on an appropriate form obtained from (n) Display. Any permit issued under the Regional Director. The application this part must be maintained in legible must be signed by the applicant and condition and displayed for inspection submitted to the Regional Director at upon request by any authorized officer. least 30 days prior to the date on which (o) Sanctions. Procedures governing the applicant desires to have the per- enforcement-related permit sanctions mit made effective. The Regional Di- and denials are found at subpart D of 15 rector will notify the applicant of any CFR part 904. deficiency in the application, pursuant (p) Limited access American lobster per- to this section. mit renewal. To renew a limited access (c) Condition. Vessel operators who permit in 1996 and thereafter, a com- apply for an operator’s permit under pleted application must be received by this section must agree, as a condition the Regional Director by December 31 of this permit, that the operator and of the year in which the permit is re- vessel’s fishing, catch, crew size, and quired. Failure to renew a limited ac- pertinent gear (without regard to cess American lobster permit or con- firmation of permit history in any year whether such fishing occurs in the EEZ prevents the renewal of such in subse- or landward of the EEZ, and without quent years. regard to where such fish or gear are (q) Abandonment or voluntary relin- possessed, taken, or landed), are sub- quishment of limited access American lob- ject to all requirements of this part ster permits. If a vessel’s limited access while fishing in the EEZ or on board a American lobster permit or confirma- vessel permitted under § 649.4(b). The tion of permit history is voluntarily re- vessel and all such fishing, catch, and linquished to the Regional Director, or gear will remain subject to all applica- abandoned through failure to renew or ble state or local requirements. Fur- otherwise, no limited access American ther, such operators must agree, as a lobster permit or confirmation of per- condition of this permit, that if the mit history may be reissued or renewed permit is suspended or revoked pursu- based on that vessel’s history. ant to 15 CFR part 904, the operator [59 FR 31943, June 21, 1994, as amended at 60 cannot be on board any fishing vessel FR 21997, May 4, 1995; 60 FR 45682, Sept. 1, issued a Federal Fisheries Permit or 1995; 60 FR 62225, Dec. 5, 1995; 64 FR 8268, Feb. any vessel subject to Federal fishing 19, 1999] regulations while the vessel is at sea or engaged in offloading. If a requirement § 649.5 Operator permits. of this part and a management meas- (a) General. Beginning on January 1, ure required by state or local law dif- 1995, any operator of a vessel issued a fer, any operator issued a permit under Federal limited access American lob- this part must comply with the more ster permit under § 649.4(b), or any op- restrictive requirement. erator of a vessel of the United States (d) Information requirements. An appli- that fishes for, possesses, or lands cant must provide at least all the fol- American lobsters, in or harvested lowing information and any other in- from the EEZ must have been issued formation required by the Regional Di- and carry on board a valid operator’s rector: Name, mailing address, and permit issued under this section. This telephone number; date of birth; hair requirement does not apply to party, color; eye color; height; weight; social charter, and dive boats that possess six security number (optional) and signa- or fewer American lobsters, not in- ture of the applicant. The applicant tended for or resulting in trade, barter must also provide two color passport- or sale, per person aboard the vessel at any time, or to recreational vessels, size photographs.
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(e) Fees. The Regional Director may er’s name, address, or telephone num- charge a fee to recover the administra- ber must be submitted in writing to, tive expense of issuing a permit re- and received by, the Regional Director quired under this section. The amount within 15 days of the change in infor- of the fee is calculated in accordance mation. If written notice of the change with the procedures of the NOAA Fi- in information is not received by the nancial Handbook for determining the Regional Director within 15 days, the administrative costs of each special permit is void. product or service. The fee may not ex- (l) Alteration. Any permit that has ceed such costs and is specified with been altered, erased, or mutilated is in- each application form. The appropriate valid. fee must accompany each application; (m) Display. Any permit issued under if it does not, the application will be this part must be maintained in legible considered incomplete for purposes of condition and displayed for inspection paragraph (f) of this section. upon request by any authorized officer. (f) Issuance. Except as provided in (n) Sanctions. Vessel operators with subpart D of 15 CFR part 904, the Re- suspended or revoked permits may not gional Director shall issue an opera- be on board a federally permitted fish- tor’s permit within 30 days of receipt of ing vessel in any capacity while the a completed application, if the criteria vessel is at sea or engaged in off- specified in this section are met. Upon loading. Procedures governing enforce- receipt of an incomplete or improperly ment related permit sanctions and de- executed application, the Regional Di- nials are found at subpart D of 15 CFR rector will notify the applicant of the part 904. deficiency in the application. If the ap- (o) Vessel owner responsibility. Vessel plicant fails to correct the deficiency owners are responsible for ensuring within 30 days following the date of no- that their vessels are operated by an tification, the application will be con- individual with a valid operator’s per- sidered abandoned. mit issued under this section. (g) Expiration. A Federal operator permit will expire upon the renewal § 649.6 Dealer permits. date specified in the permit. (a) All dealers must have been issued, (h) Duration. A permit is valid until and have in their possession, a valid it is revoked, suspended, or modified permit issued under this section. under 15 CFR part 904, or otherwise ex- (b) Dealer application. Applicants for pires, or the applicant has failed to re- a permit under this section must sub- port a change in the information on mit a completed application on an ap- the permit application to the Regional propriate form provided by the Re- Director as specified in paragraph (k) gional Director. The application must of this section. be signed by the applicant and sub- (i) Replacement. Replacement per- mitted to the Regional Director at mits, for otherwise valid permits, may least 30 days before the date upon be issued by the Regional Director which the applicant desires to have the when requested in writing by the appli- permit made effective. For 1994, a copy cant, stating the need for replacement of an applicant’s completed application and the Federal operator permit num- will serve as a temporary permit until ber assigned. An applicant for a re- the applicant has received a permanent placement permit must also provide permit. The Regional Director will no- two color passport-size photos of the tify the applicant of any deficiency in applicant. An application for a replace- the application, pursuant to this sec- ment permit will not be considered a tion. new application. An appropriate fee (c) Information requirements. Applica- may be charged. tions must contain at least the fol- (j) Transfer. Permits issued under this lowing information and any other in- section are not transferable or assign- formation required by the Regional Di- able. A permit is valid only for the per- rector: Company name, place(s) of busi- son to whom it is issued. ness, mailing address(es) and telephone (k) Change in application information. number(s); owner’s name; dealer permit Notice of a change in the permit hold- number (if a renewal); and name and
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signature of the person responsible for ment permit will not be considered a the truth and accuracy of the report. If new application. An appropriate fee the dealer is a corporation, a copy of may be charged. the Certificate of Incorporation must (i) Transfer. Permits issued under this be included with the application. If the section are not transferable or assign- dealer is a partnership, a copy of the able. A permit is valid only for the per- Partnership Agreement and the names son, or other business entity, to which and addresses of all partners must be it is issued. included with the application. (j) Change in application information. (d) Fees. The Regional Director may Within 15 days after a change in the in- charge a fee to recover the administra- formation contained in an application tive expense of issuing a permit re- submitted under this section, a written quired under this section. The amount report of the change must be submitted of the fee is calculated in accordance to, and received by, the Regional Direc- with the procedures of the NOAA Fi- tor. If written notice of the change in nance Handbook for determining the information is not received by the Re- administrative costs of each special gional Director within 15 days, the per- product or service. The fee may not ex- mit is void. ceed such costs and is specified with (k) Alteration. Any permit that has each application form. The appropriate been altered, erased, or mutilated is in- fee must accompany each application; valid. if it does not, the application will be (l) Display. Any permit, or a valid du- considered incomplete for purposes of plicate thereof, issued under this sec- paragraph (e) of this section. tion must be maintained in legible con- (e) Issuance. Except as provided in dition and displayed for inspection subpart D of 15 CFR part 904, the Re- upon request by any authorized officer. gional Director will issue a permit at (m) Federal versus state requirements. any time during the fishing year to an If a requirement of this part differs applicant, unless the applicant has from a fisheries management measure failed to submit a completed applica- required by state law, any dealer issued tion. An application is complete when a Federal dealer permit must comply all requested forms, information, and with the more restrictive requirement. documentation have been received. (n) Sanctions. Procedures governing Upon receipt of an incomplete or im- enforcement-related permit sanctions properly executed application, the Re- and denials are found at subpart D of 15 gional Director will notify the appli- CFR part 904. cant of the deficiency in the applica- tion. If the applicant fails to correct § 649.7 Vessel identification. the deficiency within 30 days following (a) Vessel name. Each fishing vessel the date of notification, the applica- subject to this part that is over 25 ft tion will be considered abandoned. (7.6 m) in length must display its name (f) Expiration. A Federal dealer per- on the port and starboard sides of its mit will expire upon the renewal date bow and, if possible, on its stern. specified in the permit. (b) Official number. Each fishing ves- (g) Duration. A permit is valid until sel subject to this part that is over 25 it is revoked, suspended, or modified ft (7.6 m) in length must display its of- under 15 CFR part 904, or otherwise ex- ficial number on the port and starboard pires, or ownership changes, or the ap- sides of its deckhouse or hull, and on plicant has failed to report any change an appropriate weather deck, so as to in the information on the permit appli- be visible from above by enforcement cation to the Regional Director as re- vessels and aircraft. The official num- quired by paragraph (j) of this section. ber is the U.S. Coast Guard documenta- (h) Replacement. Replacement per- tion number or the vessel’s state reg- mits, for otherwise valid permits, may istration number for vessels not re- be issued by the Regional Director quired to be documented under chapter when requested in writing by the appli- 123 of title 46 U.S.C. cant, stating the need for replacement (c) Numerals. The official number and the Federal dealer permit number must be permanently affixed in con- assigned. An application for a replace- trasting block Arabic numerals at least
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18 inches (45.7 cm) in height for vessels quirements specified in § 649.21, unless over 65 ft (19.8 m), and at least 10 such gear has been rendered unfishable. inches (25.4 cm) in height for all other (7) Fish for, land, or possess Amer- vessels over 25 ft (7.6 m) in length. ican lobsters after December 31, 1994, (d) Duties of owner and operator. The unless the operator of the vessel has owner and operator of each vessel sub- been issued an operator’s permit under ject to this part must: § 649.5, and the permit is on board the (1) Keep the vessel name and official vessel and is valid. number clearly legible and in good re- (8) Fail to report to the Regional Di- pair; and rector within 15 days any change in the (2) Ensure that no part of the vessel, information contained in the permit its rigging, its fishing gear, or any application as required under § 649.4(l) other object obstructs the view of the or § 649.5(k). official number from an enforcement (9) Make any false statement in con- vessel or aircraft. nection with an application under § 649.8 Prohibitions. § 649.4 or § 649.5. (10) Fail to affix and maintain perma- (a) In addition to the general prohibi- nent markings, as required by § 649.7. tions specified in § 600.725 of this chap- (11) Sell, transfer, or barter or at- ter, it is unlawful for any person own- tempt to sell, transfer, or barter to a ing or operating a vessel issued a Fed- eral American lobster permit under dealer any American lobsters, unless § 649.4 or a vessel or person holding a the dealer has a valid Federal Dealer’s valid State of Maine American lobster Permit issued under § 649.6. permit or license and fishing under the (b) In addition to the prohibitions provisions of and under the areas des- specified in paragraph (a) of this sec- ignated in § 649.24 to do any of the fol- tion, it is unlawful for any person own- lowing: ing or operating a vessel that has not (1) Retain on board, land, or possess been issued a limited access American at or after landing, American lobsters lobster permit as described under that fail to meet the carapace length § 649.4(b) or a vessel or person holding a standard specified in § 649.20(b). All valid State of Maine American lobster American lobsters will be subject to in- permit or license and fishing under the spection and enforcement, up to and in- provisions of and in the area des- cluding the time when a dealer receives ignated under § 649.24, to possess on or possesses American lobsters for a board a vessel or land American lob- commercial purpose. sters unless the vessel is a party, char- (2) Retain on board, land, or possess ter, or dive boat and there are six or any American lobster or parts thereof fewer American lobsters per person on in violation of the mutilation stand- such boats, and the lobster are not ards specified in § 649.20(c). sold, traded or bartered, or unless the (3) Retain on board, possess, or land vessel is a recreational vessel, or a ves- any berried female American lobster sel fishing for American lobsters exclu- specified in § 649.20(d). sively in State waters. (4) Remove eggs from any berried fe- (c) In addition to the general prohibi- male American lobster, land, or possess tions specified in § 600.725 of this chap- any such lobster from which eggs have ter and the prohibitions specified in been removed. No such person may paragraphs (a) and (b) of this section, it land or possess any lobster that has is unlawful for any person to do any of come in contact with any substance ca- the following: pable of removing lobster eggs. (1) Possess on board a vessel or land (5) Retain on board, land, or possess American lobsters unless: any V-notched female American lob- (i) The American lobsters were har- sters throughout the range of the vested by a vessel that has been issued stock. and carries on board a valid Federal (6) Possess, deploy, haul, harvest lob- American lobster permit under ster from, or carry aboard a vessel any § 649.4(a); or a valid limited access gear not identified, marked, vented, American lobster permit under and panelled in accordance with the re- § 649.4(b); or
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(ii) The American lobsters were har- American lobster exclusively in state vested by a vessel without a Federal waters. American lobster permit and that (5) Beginning January 1, 1995, to be, fishes for American lobsters exclu- or act as, an operator of a vessel fish- sively in state waters; or ing for or possessing American lobsters (iii) The American lobsters were har- in or from the EEZ, or issued a Federal vested by a party, charter, or dive ves- American lobster permit under § 649.4 sel that possesses six or fewer Amer- (b), without having been issued and ican lobsters per person on board the possessing a valid operator’s permit vessel and the lobsters are not intended issued under § 649.5. to be or are not traded, bartered, or (6) Assault, resist, oppose, impede, sold; or harass, intimidate, or interfere with ei- (iv) The American lobsters were har- ther a NMFS-approved observer aboard vested by a recreational fishing vessel; a vessel, or an authorized officer con- or ducting any search, inspection, inves- (v) The American lobsters were har- tigation, or seizure in connection with vested by a vessel or person holding a enforcement of this part; valid State of Maine American lobster (7) Make any false statement, oral or permit or license that is fishing under written, to an authorized officer, con- the provisions of and in the areas des- cerning the taking, catching, har- ignated in § 649.24. vesting, landing, purchase, sale, or (2) Sell, barter or trade, or otherwise transfer of any American lobsters; transfer, or attempt to sell, barter, or (8) Violate any provision of this part, trade, or otherwise transfer for a com- the Magnuson Act, or any regulation, mercial purpose, any American lob- permit, or notification issued under the sters from a vessel, unless the vessel Magnuson Act or these regulations; had been issued a valid Federal Amer- ican lobster permit under § 649.4, the (9) Possess or land any American lob- American lobsters were harvested by a sters harvested in or from the EEZ in vessel without a Federal lobster permit violation of § 649.20; or that fishes for lobsters exclusively in (10) Ship, transport, offer for sale, State waters or unless the vessel or sell, or purchase, in interstate or for- person holds a valid State of Maine eign commerce, any whole live Amer- American lobster permit or license and ican lobster in violation of § 649.20. is fishing under the provisions of and in (11) Fish, or be in the areas described the areas designated in § 649.24. in § 649.23(a)(1), (b)(1), (c)(1), and (d)(1) (3) Purchase, possess, or receive for a on a fishing vessel with mobile gear commercial purpose, or attempt to pur- during the time periods specified in chase, possess, or receive for a com- § 649.23(a)(2), (b)(2), (c)(2), and (d)(2), ex- mercial purpose, as, or in the capacity cept as provided in § 649.23(a)(2), (b)(2), of, a dealer, American lobsters taken (c)(2), and (d)(2). from or harvested by a fishing vessel (12) Fish, or be in the areas described issued a Federal American lobster per- in § 649.23(a)(1), (b)(1), and (c)(1) on a mit, unless in possession of a valid fishing vessel with lobster pot gear dealer’s permit issued under § 649.6; during the time periods specified in (4) Purchase, possess, or attempt to § 649.23(a)(2), (b)(2), and (c)(2). purchase or receive for commercial (13) Deploy or fail to remove lobster purposes, as, or in the capacity of, a pot gear in the areas described in dealer, American lobsters caught by a § 649.23(a)(1), (b)(1), and (c)(1) during the vessel other than one issued a Federal time periods specified in § 649.23(a)(2), American lobster permit under § 649.4 (b)(2), and (c)(2). or one holding or owned or operated by (d) Any person possessing, or landing one holding a valid State of Maine American lobsters at or prior to the American lobster permit or license and time when those American lobsters are fishing under the provisions of and in landed, or are received or possessed by the areas designated in § 649.24, unless a dealer, is subject to all of the prohibi- the American lobsters were harvested tions specified in paragraphs (a), (b) by a vessel without a Federal American and (c) of this section, unless the lobster permit and that fishes for American lobsters were harvested by a
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vessel without a Federal American lob- of where American lobsters were har- ster permit and that fishes for Amer- vested. ican lobsters exclusively in state wa- (b) Carapace length. (1) The minimum ters; or are from a party, charter, or carapace length for all American lob- dive vessel that possesses or possessed sters harvested in or from the EEZ is six or fewer American lobsters per per- 31⁄4 inches (8.26 cm). son aboard the vessel at any time and (2) The minimum carapace length for the lobsters are not intended for sale, all American lobsters landed, har- trade, or barter; or are from a rec- vested, or possessed at or after landing reational vessel. by vessels issued a Federal American (e) Presumption. American lobsters lobster permit, is 31⁄4 inches (8.26 cm). that are possessed, or landed at or (3) No person may ship, transport, prior to the time when the American offer for sale, sell, or purchase, in lobsters are received by a dealer, or interstate or foreign commerce, any American lobsters that are possessed whole live American lobster that is by a dealer, are presumed to be har- smaller than the minimum size speci- vested from the EEZ or by a vessel fied in this paragraph (b). with a Federal lobster permit. A pre- (c) Mutilation. (1) No person may re- ponderance of all submitted evidence move meat or any body appendage that such American lobsters were har- from any American lobster harvested vested by a vessel without a Federal in or from the EEZ before landing, or American lobster permit and fishing to have in possession on board any exclusively for American lobsters in American lobster part other than state waters will be sufficient to rebut whole lobsters. the presumption. (2) No owner, operator or person (f) The possession of egg-bearing fe- aboard a vessel issued a Federal Amer- male American lobsters, V-notched fe- ican lobster permit may remove meat male American lobsters, or American or any body appendage from any Amer- lobsters that are smaller than the min- ican lobster before landing, or to have imum size set forth in § 649.20(b), will in possession on board any American be prima facie evidence that such Amer- lobster part other than whole lobsters. ican lobsters were taken or imported in (d) Berried females. (1) Any berried fe- violation of these regulations. Evi- male American lobster harvested in or dence that such American lobsters from the EEZ must be returned to the were harvested by a vessel not holding sea immediately. a permit under this part and fishing ex- (2) Any berried female American lob- clusively within state or foreign waters ster harvested or possessed by a vessel will be sufficient to rebut the presump- issued a Federal American lobster per- tion. mit must be returned to the sea imme- diately. [59 FR 31943, June 21, 1994, as amended at 61 FR 16883, Apr. 18, 1996; 62 FR 9993, Mar. 5, (3) No person may ship, transport, 1997; 62 FR 10750, Mar. 10, 1997] offer for sale, sell, or purchase, in interstate or foreign commerce, any § 649.9 Facilitation of enforcement. berried female American lobster as See § 620.8 of this chapter. specified in this paragraph (d). (e) Scrubbing. (1) No person may re- § 649.10 Penalties. move extruded eggs attached to the ab- dominal appendages from any female See § 620.9 of this chapter. American lobster harvested on or from the EEZ. Subpart B—Management (2) No owner, operator or person Measures aboard a vessel issued a Federal Amer- ican lobster permit may remove ex- § 649.20 Harvesting and landing re- truded eggs attached to the abdominal quirements. appendages from any female American (a) Condition. By being issued a Fed- lobster. eral limited access American lobster (3) No person may ship, transport, permit, the vessel owner is subject to offer for sale, sell, or purchase, in all measures in this subpart, regardless interstate or foreign commerce, any
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whole live American lobster that bears boundary of the territorial sea, which- evidence of the forcible removal of ex- ever lies farther east; truded eggs from its abdominal append- (iii) Southern New England gear Area. ages as specified in this paragraph (e). All waters of the EEZ west of 70°00′ W. long., east of 71°30′ W. long. at a depth § 649.21 Gear identification and mark- greater than 25 fathoms (45.72 m); and ing, escape vent, and ghost panel (iv) Mid-Atlantic gear Area. All waters requirements. of the EEZ, west of 71°30′ W. long. and (a) Identification. All lobster gear de- north of 36°33′ N. lat. at a depth greater ployed in the EEZ or possessed by a than 40 fathoms (73.15 m). person whose vessel is permitted for (c) Escape vents. All American lobster fishing in the EEZ, and not perma- traps deployed in the EEZ or possessed nently attached to the vessel, must be by a person whose vessel is permitted legibly and indelibly marked with one for fishing in the EEZ, as specified of the following codes of identification: under § 649.4, must be constructed to in- (1) A number assigned by the Re- clude one of the following escape vents gional Director; and/or in the parlor section of the trap. The (2) Whatever positive identification vent must be located in such a manner marking is required by the vessel’s that it would not be blocked or ob- home-port state. structed by any portion of the trap, as- (b) Marking. In the areas of the EEZ sociated gear, or the sea floor in nor- described in paragraph (b)(4) of this mal use. section, lobster pot trawls are to be (1) The specifications for escape marked as follows: vents are as follows: (1) Lobster pot trawls of three or (i) A rectangular portal with an un- fewer pots must be marked with a sin- obstructed opening not less than 17⁄8 gle buoy. inches (4.76 cm) by 53⁄4 inches (14.61 cm); (2) Lobster pot trawls consisting of (ii) Two circular portals with unob- more than three pots must have a structed openings not less than 23⁄8 radar reflector and a single flag or pen- inches (6.03 cm) in diameter. nant on the westernmost end (marking (2) The Regional Director may, at the the half compass circle from magnetic request of, or after consultation with, south through west, to and including the Lobster Oversight Committee of north), while the easternmost end the Council, approve, and publish in (meaning the half compass circle from the FEDERAL REGISTER any other type magnetic north through east, to and of acceptable escape vent that the Re- including south) of an American lob- gional Director finds to be consistent ster pot trawl must be marked with a with paragraphs (c)(1)(i) and (ii) of this radar reflector only. Standard tetra- section. hedral corner radar reflectors (see Fig- (d) Ghost panel. Lobster traps not ure 1 of this part) of at least 8 inches constructed entirely of wood must con- (20.32 cm)(both in height and width, tain a ghost panel. and made from metal) must be em- (1) The specifications of this require- ployed. ment are as follows: (3) No American lobster pot trawl (i) The opening to be covered by the shall exceed 1.5 nautical miles (2.78 ghost panel must be rectangular and km) in length, as measured from buoy shall not be less than 33⁄4 inches (9.53 to buoy. cm) by 33⁄4 inches (9.53 cm). (4) Gear marking requirements apply (ii) The panel must be constructed of, in the following areas: or fastened to the trap with, one of the (i) Gulf of Maine gear area. All waters following untreated materials: Wood of the EEZ north of 42°20′ N. lat. sea- lath, cotton, hemp, sisal or jute twine ward of a line drawn 12 nautical miles not greater than 3⁄16 inch (0.48 cm) in (22.2 km) from the baseline of the terri- diameter, or non-stainless, uncoated torial sea; ferrous metal not greater than 3⁄32 inch (ii) Georges Bank gear Area. All waters (0.24 cm) in diameter. of the EEZ south of 42°20′ N. lat. and (iii) The door of the trap may serve east of 70°00′ W. long. or the outer as the ghost panel, if fastened with a
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material specified in paragraph straight lines connecting the following (d)(1)(ii) of this section. points in the order stated: (iv) The ghost panel must be located in the outer parlor(s) of the trap and Point Latitude Longitude not the bottom of the trap. Inshore Boundary (2) The Regional Director may, at the to 120 request of, or after consultation with, 69 ...... 40°07.9′ N. 68°36.0′ W. the Lobster Oversight Committee of 70 ...... 40°07.2′ N. 68°38.4′ W. the Council, approve, and publish in 71 ...... 40°06.9′ N. 68°46.5′ W. 72 ...... 40°08.7′ N. 68°49.6′ W. the FEDERAL REGISTER, any other de- 73 ...... 40°08.1′ N. 68°51.0′ W. sign, mechanism, material, or speci- 74 ...... 40°05.7′ N. 68°52.4′ W. fication not described in the regula- 75 ...... 40°03.6′ N. 68°57.2′ W. 76 ...... 40°03.65′ N. 69°00.0′ W. tions in this part that serves to create 77 ...... 40°04.35′ N. 69°00.5′ W. an escape portal not less than 33⁄4 78 ...... 40°05.2′ N. 69°00.5′ W. ° ′ ° ′ inches (9.53 cm) by 33⁄4 inches (9.53 cm). 79 ...... 40 05.3 N. 69 01.1 W. 80 ...... 40°08.9′ N. 69°01.75′ W. (e) Enforcement action. Unidentified, 81 ...... 40°11.0′ N. 69°03.8′ W. unmarked, unvented, or improperly 82 ...... 40°11.6′ N. 69°05.4′ W. vented American lobster traps will be 83 ...... 40°10.25′ N. 69°04.4′ W. 84 ...... 40°09.75′ N. 69°04.15′ W. seized and disposed of in accordance 85 ...... 40°08.45′ N. 69°03.6′ W. with the provisions of part 219 of this 86 ...... 40°05.65′ N. 69°03.55′ W. title. 87 ...... 40°04.1′ N. 69°03.9′ W. 88 ...... 40°02.65′ N. 69°05.6′ W. 89 ...... 40°02.00′ N. 69°08.35′ W. § 649.22 Experimental fishing exemp- 90 ...... 40°02.65′ N. 69°11.15′ W. tion. 91 ...... 40°00.05′ N. 69°14.6′ W. 92 ...... 39°57.8′ N. 69°20.35′ W. (a) The Regional Director may ex- 93 ...... 39°56.65′ N. 69°24.4′ W. empt any person or vessel from the re- 94 ...... 39°56.1′ N. 69°26.35′ W. quirements of this part for the conduct 95 ...... 39°56.55′ N. 69°34.1′ W. of experimental fishing beneficial to 96 ...... 39°57.85′ N. 69°35.5′ W. 97 ...... 40°00.65′ N. 69°36.5′ W. the management of the American lob- 98 ...... 40°00.9′ N. 69°37.3′ W. ster resource or fishery. 99 ...... 39°59.15′ N. 69°37.3′ W. ° ′ ° ′ (b) The Regional Director may not 100 ...... 39 58.8 N. 69 38.45 W. 102 ...... 39°56.2′ N. 69°40.2′ W. grant such exemption unless it is de- 103 ...... 39°55.75′ N. 69°41.4′ W. termined that the purpose, design, and 104 ...... 39°56.7′ N. 69°53.6′ W. administration of the exemption is 105 ...... 39°57.55′ N. 69°54.05′ W. 106 ...... 39°57.4′ N. 69°55.9′ W. consistent with the objectives of the 107 ...... 39°56.9′ N. 69°57.45′ W. FMP, the provisions of the Magnuson 108 ...... 39°58.25′ N. 70°03.0′ W. Act, and other applicable law, and that 110 ...... 39°59.2′ N. 70°04.9′ W. 111 ...... 40°00.7′ N. 70°08.7′ W. granting the exemption will not: 112 ...... 40°03.75′ N. 70°10.15′ W. (1) Have a detrimental effect on the 115 ...... 40°05.2′ N. 70°10.9′ W. American lobster resource and fishery; 116 ...... 40°02.45′ N. 70°14.1′ W. ° ′ ° ′ or 119 ...... 40 02.75 N. 70 16.1 W. (2) Create significant enforcement to 181 problems. Offshore Boundary (c) Each vessel participating in any to 69 exempted experimental fishing activity 120 ...... 40°06.4′ N. 68°35.8′ W. is subject to all provisions of this part, 121 ...... 40°05.25′ N. 68°39.3′ W. 122 ...... 40°05.4′ N. 68°44.5′ W. except those necessarily relating to the 123 ...... 40°06.0′ N. 68°46.5′ W. purpose and nature of the exemption. 124 ...... 40°07.4′ N. 68°49.6′ W. The exemption will be specified in a 125 ...... 40°05.55′ N. 68°49.8′ W. letter issued by the Regional Director 126 ...... 40°03.9′ N. 68°51.7′ W. 127 ...... 40°02.25′ N. 68°55.4′ W. to each vessel participating in the ex- 128 ...... 40°02.6′ N. 69°00.0′ W. empted activity. This letter must be 129 ...... 40°02.75′ N. 69°00.75′ W. carried aboard the vessel seeking the 130 ...... 40°04.2′ N. 69°01.75′ W. 131 ...... 40°06.15′ N. 69°01.95′ W. benefit of such exemption. 132 ...... 40°07.25′ N. 69°02.0′ W. 133 ...... 40°08.5′ N. 69°02.25′ W. § 649.23 Restricted gear areas. 134 ...... 40°09.2′ N. 69°02.95′ W. 135 ...... 40°09.75′ N. 69°03.3′ W. (a) Restricted Gear Area I. (1) Re- 136 ...... 40°09.55′ N. 69°03.85′ W. stricted Gear Area I is defined by 137 ...... 40°08.4′ N. 69°03.4′ W.
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Point Latitude Longitude Point Latitude Longitude
138 ...... 40°07.2′ N. 69°03.3′ W. Inshore Boundary 139 ...... 40°06.0′ N. 69°03.1′ W. 140 ...... 40°05.4′ N. 69°03.05′ W. to 1 141 ...... 40°04.8′ N. 69°03.05′ W. 49 ...... 40°02.75′ N. 70°16.1′ W. ° ′ ° ′ 142 ...... 40°03.55′ N. 69°03.55′ W. 50 ...... 40 00.7 N. 70 18.6 W. ° ′ ° ′ 143 ...... 40°01.9′ N. 69°03.95′ W. 51 ...... 39 59.8 N. 70 21.75 W. ° ′ ° ′ 144 ...... 40°01.0′ N. 69°04.4′ W. 52 ...... 39 59.75 N. 70 25.5 W. ° ′ ° ′ 146 ...... 39°59.9′ N. 69°06.25′ W. 53 ...... 40 03.85 N. 70 28.75 W. 54 ...... 40°00.55′ N. 70°32.1′ W. 147 ...... 40°00.6′ N. 69°10.05′ W. 55 ...... 39°59.15′ N. 70°34.45′ W. 148 ...... 39°59.25′ N. 69°11.15′ W. 56 ...... 39°58.9′ N. 70°38.65′ W. 149 ...... 39°57.45′ N. 69°16.05′ W. 57 ...... 40°00.1′ N. 70°45.1′ W. ° ′ ° ′ 150 ...... 39 56.1 N. 69 20.1 W. 58 ...... 40°00.5′ N. 70°57.6′ W. ° ′ ° ′ 151 ...... 39 54.6 N. 69 25.65 W. 59 ...... 40°02.0′ N. 71°01.3′ W. ° ′ ° ′ 152 ...... 39 54.65 N. 69 26.9 W. 60 ...... 39°59.3′ N. 71°18.4′ W. 153 ...... 39°54.8′ N. 69°30.95′ W. 61 ...... 40°00.7′ N. 71°19.8′ W. 154 ...... 39°54.35′ N. 69°33.4′ W. 62 ...... 39°57.5′ N. 71°20.6′ W. 155 ...... 39°55.0′ N. 69°34.9′ W. 63 ...... 39°53.1′ N. 71°36.1′ W. 156 ...... 39°56.55′ N. 69°36.0′ W. 64 ...... 39°52.6′ N. 71°40.35′ W. 157 ...... 39°57.95′ N. 69°36.45′ W. 65 ...... 39°53.1′ N. 71°42.7′ W. 158 ...... 39°58.75′ N. 69°36.3′ W. 66 ...... 39°46.95′ N. 71°49.0′ W. 159 ...... 39°58.8′ N. 69°36.95′ W. 67 ...... 39°41.15′ N. 71°57.1′ W. 160 ...... 39°57.95′ N. 69°38.1′ W. 68 ...... 39°35.45′ N. 72°02.0′ W. 161 ...... 39°54.5′ N. 69°38.25′ W. 69 ...... 39°32.65′ N. 72°06.1′ W. ° ′ ° ′ 162 ...... 39°53.6′ N. 69°46.5′ W. 70 ...... 39 29.75 N. 72 09.8 W. 163 ...... 39°54.7′ N. 69°50.0′ W. to 48 164 ...... 39°55.25′ N. 69°51.4′ W. Offshore Boundary 165 ...... 39°55.2′ N. 69°53.1′ W. ° ′ ° ′ 166 ...... 39 54.85 N. 69 53.9 W. to 49 ° ′ ° ′ 167 ...... 39 55.7 N. 69 54.9 W. 1 ...... 39°59.3′ N. 70°14.0′ W. 168 ...... 39°56.15′ N. 69°55.35′ W. 2 ...... 39°58.85′ N. 70°15.2′ W. 169 ...... 39°56.05′ N. 69°56.25′ W. 3 ...... 39°59.3′ N. 70°18.4′ W. 170 ...... 39°55.3′ N. 69°57.1′ W. 4 ...... 39°58.1′ N. 70°19.4′ W. 171 ...... 39°54.8′ N. 69°58.6′ W. 5 ...... 39°57.0′ N. 70°19.85′ W. 172 ...... 39°56.05′ N. 70°00.65′ W. 6 ...... 39°57.55′ N. 70°21.25′ W. 173 ...... 39°55.3′ N. 70°02.95′ W. 7 ...... 39°57.5′ N. 70°22.8′ W. 174 ...... 39°56.9′ N. 70°11.3′ W. 8 ...... 39°57.1′ N. 70°25.4′ W. 175 ...... 39°58.9′ N. 70°11.5′ W. 9 ...... 39°57.65′ N. 70°27.05′ W. 176 ...... 39°59.6′ N. 70°11.1′ W. 10 ...... 39°58.58′ N. 70°27.7′ W. ° ′ ° ′ 177 ...... 40°01.35′ N. 70°11.2′ W. 11 ...... 40 00.65 N. 70 28.8 W. ° ′ ° ′ 178 ...... 40°02.6′ N. 70°12.0′ W. 12 ...... 40 02.2 N. 70 29.15 W. ° ′ ° ′ 179 ...... 40°00.4′ N. 70°12.3′ W. 13 ...... 40 01.0 N. 70 30.2 W. 14 ...... 39°58.58′ N. 70°31.85′ W. 180 ...... 39°59.75′ N. 70°13.05′ W. 15 ...... 39°57.05′ N. 70°34.35′ W. 181 ...... 39°59.3′ N. 70°14.0′ W. 16 ...... 39°56.42′ N. 70°36.8′ W. to 119 21 ...... 39°58.15′ N. 70°48.0′ W. 24 ...... 39°58.3′ N. 70°51.1′ W. (2) Duration—(i) Mobile Gear. From 25 ...... 39°58.1′ N. 70°52.25′ W. October 1 through June 15, no fishing 26 ...... 39°58.05′ N. 70°53.55′ W. 27 ...... 39°58.4′ N. 70°59.6′ W. vessel with mobile gear or person on a 28 ...... 39°59.8′ N. 71°01.05′ W. fishing vessel with mobile gear may 29 ...... 39°58.2′ N. 71°05.85′ W. fish, or be in Restricted Gear Area I 30 ...... 39°57.45′ N. 71°12.15′ W. ° ′ ° ′ unless transiting. Vessels may transit 31 ...... 39 57.2 N. 71 15.0 W. 32 ...... 39°56.3′ N. 71°18.95′ W. this area provided that all mobile gear 33 ...... 39°51.4′ N. 71°36.1′ W. is on board the vessel while inside the 34 ...... 39°51.75′ N. 71°41.5′ W. area. 35 ...... 39°50.05′ N. 71°42.5′ W. 36 ...... 39°50.0′ N. 71°45.0′ W. (ii) Lobster pot gear. From June 16 37 ...... 39°48.95′ N. 71°46.05′ W. through September 30, no fishing vessel 38 ...... 39°46.6′ N. 71°46.1′ W. with lobster pot gear or person on a 39 ...... 39°43.5′ N. 71°49.4′ W. 40 ...... 39°41.3′ N. 71°55.0′ W. fishing vessel with lobster pot gear 41 ...... 39°39.0′ N. 71°55.6′ W. may fish, and no lobster pot gear may 42 ...... 39°36.72′ N. 71°58.25′ W. be deployed or remain, in Restricted 43 ...... 39°35.15′ N. 71°58.55′ W. Gear Area I. 44 ...... 39°34.5′ N. 72°00.75′ W. 45 ...... 39°32.2′ N. 72°02.25′ W. (b) Restricted Gear Area II. (1) Re- 46 ...... 39°32.15′ N. 72°04.1′ W. stricted Gear Area II is defined by 47 ...... 39°28.5′ N. 72°06.5′ W. straight lines connecting the following 48 ...... 39°29.0′ N. 72°09.25′ W. points in the order stated: to 70
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(2) Duration—(i) Mobile Gear. From ing vessel with mobile gear or person November 27 through June 15, no fish- on a fishing vessel with mobile gear ing vessel with mobile gear or person may fish, or be in Restricted Gear Area on a fishing vessel with mobile gear III unless transiting. Vessels may tran- may fish, or be in Restricted Gear Area sit this area provided that all mobile II unless transiting Vessels may tran- gear is on board the vessel while inside sit this area provided that all mobile the area. gear is on board the vessel while inside (ii) Lobster pot gear. From January 1 the area. through April 30, no fishing vessel with (ii) Lobster pot gear. From June 16 lobster pot gear or person on a fishing through November 26, no fishing vessel vessel with lobster pot gear may fish, with lobster pot gear or person on a and no lobster pot gear may be de- fishing vessel with lobster pot gear ployed or remain, in Restricted Gear may fish, and no lobster pot gear may Area III. be deployed or remain, in Restricted (d) Restricted Gear Area IV. (1) Re- Gear Area II. stricted Gear Area IV is defined by (c) Restricted Gear Area III. (1) Re- straight lines connecting the following stricted Gear Area III is defined by points in the order stated: straight lines connecting the following points in the order stated, except as Point Latitude Longitude specified in paragraph (c)(3) of this sec- Inshore Boundary tion: 193 ...... 40°13.60′ N. 68°40.60′ W. ° ′ ° ′ Point Latitude Longitude 194 ...... 40 11.60 N. 68 53.00 W. 195 ...... 40°14.00′ N. 69°04.70′ W. Inshore Boundary 196 ...... 40°14.30′ N. 69°05.80′ W. 197 ...... 40°05.50′ N. 69°09.00′ W. to 49 198 ...... 39°57.30′ N. 69°25.10′ W. 182 ...... 40°05.6′ N. 70°17.7′ W. 199 ...... 40°00.40′ N. 69°35.20′ W. 183 ...... 40°06.5′ N. 70°40.05′ W. 200 ...... 40°01.70′ N. 69°35.40′ W. 184 ...... 40°11.05′ N. 70°45.8′ W. 201 ...... 40°01.70′ N. 69°37.40′ W. 185 ...... 40°12.75′ N. 70°55.05′ W. 202 ...... 40°00.50′ N. 69°38.80′ W. 186 ...... 40°10.7′ N. 71°10.25′ W. 203 ...... 40°01.30′ N. 69°45.00′ W. 187 ...... 39°57.9′ N. 71°28.7′ W. 204 ...... 40°02.10′ N. 69°45.00′ W. 188 ...... 39°55.6′ N. 71°41.2′ W. 205 ...... 40°07.60′ N. 70°04.50′ W. 189 ...... 39°55.85′ N. 71°45.0′ W. 206 ...... 40°07.80′ N. 70°09.20′ W. 190 ...... 39°53.75′ N. 71°52.25′ W. to 119 191 ...... 39°47.2′ N. 72°01.6′ W. 192 ...... 39°33.65′ N. 72°15.0′ W. Offshore Boundary to 70 to 193 Offshore Boundary 69 ...... 40°07.90′ N. 68°36.00′ W. 70 ...... 40°07.20′ N. 68°38.40′ W. to 182 71 ...... 40°06.90′ N. 68°46.50′ W. ° ′ ° ′ 49 ...... 40 02.75 N. 70 16.1 W. 72 ...... 40°08.70′ N. 68°49.60′ W. ° ′ ° ′ 50 ...... 40 00.7 N. 70 18.6 W. 73 ...... 40°08.10′ N. 68°51.00′ W. ° ′ ° ′ 51 ...... 39 59.8 N. 70 21.75 W. 74 ...... 40°05.70′ N. 68°52.40′ W. 52 ...... 39°59.75′ N. 70°25.5′ W. ° ′ ° ′ ° ′ ° ′ 75 ...... 40 03.60 N. 68 57.20 W. 53 ...... 40 03.85 N. 70 28.75 W. 76 ...... 40°03.65′ N. 69°00.00′ W. 54 ...... 40°00.55′ N. 70°32.1′ W. 77 ...... 40°04.35′ N. 69°00.50′ W. 55 ...... 39°59.15′ N. 70°34.45′ W. 78 ...... 40°05.20′ N. 69°00.50′ W. 56 ...... 39°58.9′ N. 70°38.65′ W. 79 ...... 40°05.30′ N. 69°01.10′ W. 57 ...... 40°00.1′ N. 70°45.1′ W. 80 ...... 40°08.90′ N. 69°01.75′ W. 58 ...... 40°00.5′ N. 70°57.6′ W. ° ′ ° ′ 81 ...... 40°11.00′ N. 69°03.80′ W. 59 ...... 40 02.0 N. 71 01.3 W. ° ′ ° ′ 60 ...... 39°59.3′ N. 71°18.4′ W. 82 ...... 40 11.60 N. 69 05.40 W. ° ′ ° ′ 83 ...... 40°10.25′ N. 69°04.40′ W. 61 ...... 40 00.7 N. 71 19.8 W. ° ′ ° ′ 62 ...... 39°57.5′ N. 71°20.6′ W. 84 ...... 40 09.75 N. 69 04.15 W. ° ′ ° ′ 63 ...... 39°53.1′ N. 71°36.1′ W. 85 ...... 40 08.45 N. 69 03.60 W. ° ′ ° ′ 64 ...... 39°52.6′ N. 71°40.35′ W. 86 ...... 40 05.65 N. 69 03.55 W. ° ′ ° ′ 65 ...... 39°53.1′ N. 71°42.7′ W. 87 ...... 40 04.10 N. 69 03.90 W. ° ′ ° ′ 66 ...... 39°46.95′ N. 71°49.0′ W. 88 ...... 40 02.65 N. 69 05.60 W. ° ′ ° ′ 67 ...... 39°41.15′ N. 71°57.1′ W. 89 ...... 40 02.00 N. 69 08.35 W. ° ′ ° ′ 68 ...... 39°35.45′ N. 72°02.0′ W. 90 ...... 40 02.65 N. 69 11.15 W. ° ′ ° ′ 69 ...... 39°32.65′ N. 72°06.1′ W. 91 ...... 40 00.05 N. 69 14.60 W. ° ′ ° ′ 70 ...... 39°29.75′ N. 72°09.8′ W. 92 ...... 39 57.80 N. 69 20.35 W. ′ ° ′ to 192 93 ...... 39.56.75 N. 69 24.40 W. 94 ...... 39°56.50′ N. 69°26.35′ W. 95 ...... 39.56.80′ N. 69°34.10′ W. (2) Duration—(i) Mobile Gear. From 96 ...... 39°57.85′ N. 69°35.05′ W. June 16 through November 26, no fish- 97 ...... 40°00.65′ N. 69°36.50′ W.
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Point Latitude Longitude Subpart C—Stock Rebuilding Pro- 98 ...... 40°00.90′ N. 69°37.30′ W. gram and Framework Adjust- 99 ...... 39°59.15′ N. 69°37.30′ W. ments to Management Meas- 100 ...... 39°58.80′ N. 69°38.45′ W. 102 ...... 39°56.20′ N. 69°40.20′ W. ures 103 ...... 39°55.75′ N. 69°41.40′ W. 104 ...... 39°56.70′ N. 69°53.60′ W. § 649.41 Purpose and scope. 105 ...... 39°57.55′ N. 69°54.05′ W. 106 ...... 39°57.40′ N. 69°55.90′ W. The purpose of this subpart is to 107 ...... 39°56.90′ N. 69°57.45′ W. specify the requirements and frame- 108 ...... 39°58.25′ N. 70°03.00′ W. work procedures for implementing the 110 ...... 39°59.20′ N. 70°04.90′ W. Stock Rebuilding Program, intended to 111 ...... 40°00.70′ N. 70°08.70′ W. 112 ...... 40°03.75′ N. 70°10.15′ W. eliminate overfishing in any resource 115 ...... 40°05.20′ N. 70°10.90′ W. areas. 116 ...... 40°02.45′ N. 70°14.1′ W. 119 ...... 40°02.75′ N. 70°16.1′ W. § 649.42 Stock rebuilding program re- to 206 quirements and time frame. (2) Duration—(i) Mobile Gear. From (a) General. (1) The Council has until June 16 through September 30, no fish- July 20, 1995 to submit to NMFS man- ing vessel with mobile gear or person agement measures to achieve the ob- on a fishing vessel with mobile gear jectives of the FMP. The measures may fish, or be in Restricted Gear Area must be designed to achieve the FMP IV unless transiting. Vessels may tran- objectives for reducing fishing mor- sit this area provided that all mobile tality within 5 years for the stock in gear is on board the vessel while inside the Gulf of Maine segment of the fish- the area. ery and 10 years for the Southern New England segment of the stock. Such [62 FR 10750, Mar. 10, 1997] measures may be submitted through the Magnuson Act amendment process § 649.24 Exempted waters for Maine State American lobster permits. or through the first-year area manage- ment framework specifications in A person or vessel holding a valid § 649.43. permit or license issued by the State of (2) In developing such management Maine that lawfully permits that per- measures, the Council shall submit son to engage in commercial fishing for management measures to reduce fish- American lobster may, with the ap- ing mortality in each of four manage- proval of the State of Maine, engage in ment areas specified in paragraph (b) of commercial fishing for American lob- this section. These management meas- sters in the following areas designated ures shall be implemented according to as EEZ, if such fishing is conducted in the first-year area management frame- such waters in accordance with all work specifications in § 649.43. other applicable Federal and State reg- (3) If the Council has not submitted ulations: management measures sufficient to (a) West of Monhegan Island in the achieve the objectives of the FMP on ° ′ ′′ area located north of the line 43.5 42 08 or before July 20, 1995, the Secretary ° ′ ′′ N. lat., 69.5 34 18 W. long., and shall determine, according to provi- ° ′ ′′ ° ′ ′′ 43.5 42 15 N. lat., 69.5 19 18 W. long. sions of 16 U.S.C. 1854(c), whether to (b) East of Monhegan Island in the prepare an amendment to the FMP. area located west of the line 43.5°44′00′′ (b) Management areas. The Stock Re- N. lat., 69.5°15′05′′ W. long., and ° ′ ′′ ° ′ ′′ building Program to be submitted by 43.5 48 10 N. lat., 69.5 08 01 W. long. the Council shall be developed based on (c) South of Vinalhaven in the area ° ′ ′′ the status of stock of American lob- located west of the line 43.5 52 21 N. sters and management considerations lat., 68.5°39′54′′ W. long., and 43.5°48′10′′ ° ′ ′′ for each of the areas described and de- N. lat., 67.5 40 33 W. long. fined in this paragraph (b) (see Figures (d) South of Boris Bubert Island in 2 and 3 of this part). the area located north of the line (1) Area 1. Near-shore EEZ Waters of 44.5°19′15′′ N. lat, 67.5°49′30′′ W. long. and the Gulf of Maine. This area is defined 44.5°23′5′′ N. lat., 67.5°40′33′′ W. long. by the area bounded by straight lines [62 FR 9993, Mar. 5, 1997] (rhumb lines) connecting the following
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points, in the order stated, and the ter- Point Latitude Longitude ritorial sea: M ...... 37°12′ N. 74°44′ W. ° ′ ° ′ Point Latitude Longitude N ...... 35 41 N. 75 10 W. O ...... 35°15′ N. 75°28′ W. A ...... 44°04′ N. 67°19′ W. and northward along the irregular U.S. - Canada (c) Effort Management Teams (EMT). Maritime Boundary to the terri- (1) The Council shall establish EMTs torial sea. B ...... 43°03′ N. 70°00′ W. for each area specified in paragraph (b) C ...... 42°14′ N. 70°00′ W. of this section, for the purpose of mak- D ...... 42°08′ N. 69°55′ W. ° ′ ° ′ ing recommendations to the Council on E ...... 42 06 N. 70 04 W. management measures to achieve the (2) Area 2. Near-shore EEZ Waters of objectives of the FMP. Southern New England. This area is de- (2) Members of each EMT shall be ap- fined by the area bounded by straight pointed by the Council, in consultation lines (rhumb lines) connecting the fol- with appropriate states and NMFS. lowing points in the order stated and Members of the EMT shall consist of a the territorial sea: group of technical representatives that serve on each EMT and a group of rep- Point Latitude Longitude resentatives from the lobster industry, based on their geographical affiliation E ...... 42°06′ N. 70°04′ W. D ...... 42°08′ N. 69°55′ W. with an EMT. The Council may decide F ...... 41°10′ N. 69°06′ W. the number of representatives and op- G ...... 40°46′ N. 71°34′ W. erating procedures of the EMTs. H ...... 41°06′ N. 71°43′ W. I ...... 41°05′ N. 71°49′ W. (3) No later than January 20, 1995, each EMT shall report its rec- (3) Area 3. EEZ Offshore Waters. This ommendations for management meas- area is defined by the area bounded by ures for the stock rebuilding program straight lines (rhumb lines) connecting for the area it represents to the Coun- the following points, in the order stat- cil. ed, and westerly of the U.S. - Canada Maritime Boundary: § 649.43 First year framework speci- fications. Point Longitude (a) On or before January 20, 1995, each A ...... 44°04′ N. 67°19′ W. and northward along EMT shall submit its recommendations the irregular U.S. - Canada for management measures for the area Maritime Boundary to the terri- it represents to the Council. In devel- torial sea. B ...... 43°03′ N. 70°00′ W. oping these recommendations, the C ...... 42°14′ N. 70°00′ W. EMTs may consider and recommend D ...... 42°08′ N. 69°55′ W. additional restrictions or limitations F ...... 41°10′ N. 69°06′ W. on vessels participating in the lobster G ...... 40°46′ N. 71°34′ W. J ...... 40°13′ N. 72°44′ W. fishery according to the categories and K ...... 38°39′ N. 73°24′ W. guidelines contained in paragraph (b) L ...... 38°12′ N. 73°55′ W. of this section. M ...... 37°12′ N. 74°44′ W. N ...... 35°41′ N. 75°10′ W. (b) After receiving the recommenda- O ...... 35°15′ N. 75°28′ W. tions of the EMTs, the Council shall determine what management measures (4) Area 4. Near-shore EEZ Waters of are necessary for each management the Middle Atlantic. This area is defined area, in order to achieve the objectives by the area bounded by straight lines of stock rebuilding specified in the (rhumb lines) connecting the following FMP. For the management measures points, in the order stated, and the ter- the Council determines are necessary ritorial sea: to meet FMP objectives, the Council shall provide appropriate rationale and Point Latitude Longitude economic and biological analysis of the I ...... 41°05′ N. 71°49′ W. determinations. The Council shall H ...... 41°06′ N. 71°43′ W. make these determinations over the ° ′ ° ′ G ...... 40 46 N. 71 34 W. span of at least two Council meetings J ...... 40°13′ N. 72°44′ W. K ...... 38°39′ N. 73°24′ W. and provide the public with advance L ...... 38°12′ N. 73°55′ W. notice of, and opportunity to comment
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on, the determinations and the anal- (iv) The Council further intends that yses before making final recommenda- any system of assigning fishing rights tions to be submitted to NMFS. The will take into consideration the fol- Council’s recommendation on nec- lowing concerns relative to individuals essary management measures may or corporations that have sold a vessel come from one or more of the following within the time that may be chosen to categories: determine historical fishing rights: (1) Minimum-size changes; (A) The degree of economic depend- (2) A maximum-size limit; ence upon the lobster fishery including, (3) Trap limits; but not limited to, the percentage of (4) Seasonal closures of one or more income derived from the lobster fish- management areas; ery; (5) Closed areas or zones within a (B) Extent of past participation in management area; the lobster fishery; and (6) Restrictions on allowable fishing (C) Demonstration of intent prior to time; March 25, 1991, to re-enter the lobster (7) Restrictions on allowable catches; fishery with a different vessel. (8) Permitting restrictions; (12) Any other restrictions that the (9) Additional restrictions on gear; Council may designate for the purpose (10) Overfishing definition; of reducing or controlling fishing mor- (11) Limitations on participation in tality rates, except that an Individual the fishery in accordance with the con- Transferable Quota (ITQ) system would trol date guidelines listed below. These require a full FMP amendment. guidelines will apply until a stock re- (c) After developing necessary man- building program is established. agement measures and receiving public (i) It is the intent of the Council that testimony, the Council shall make a in the event that a system of assigning recommendation to the Regional Di- fishing rights is developed as part of rector on or before July 20, 1995. The the FMP, such assignments shall be Council’s recommendation must in- based upon historical levels of partici- clude supporting rationale and, if man- pation in the fishery prior to March 25, agement measures are recommended, 1991, with consideration for recent in- an analysis of impacts, and a rec- vestments that have not yet been re- ommendation to the Regional Director flected in measures of participation. on whether to publish the management (ii) New or re-rigged vessels will be measures as a final rule. If the Council given consideration in the assignment recommends that the management of fishing rights if: measures should be published as a final (A) They were under construction or rule, the Council must consider at least re-rigging for directed lobster fishing the following factors and provide sup- as of March 25, 1991, as evidenced by port and analysis for each factor con- written construction contracts, work sidered: orders, equipment purchases, or other (1) Whether the availability of data evidence of substantial investment and on which the recommended manage- intent to participate in the lobster ment measures are based allows for fishery; and adequate time to publish a proposed (B) They possessed an American lob- rule, and whether regulations have to ster permit and landed lobster prior to be in place for an entire harvest/fishing March 25, 1992. season; (iii) The public is further notified (2) Whether there has been adequate that it is the intent of the Council that notice and opportunity for participa- historical participation will transfer tion by the public and members of the with a vessel, for transfers made after affected industry in the development of March 25, 1991, unless such transfer is the Council’s recommended manage- accompanied by a written document in- ment measures; dication the agreement of both buyer (3) Whether there is an immediate and seller that any future fishing need to protect the resource; and rights applicable to that vessel are not (4) Whether there will be a con- being transferred with the vessel. tinuing evaluation of management
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measures adopted, following their pro- agement Area) do not shift costs from mulgation as a final rule. one Management Area to another. (d) If the Council’s recommendation (c) In addition, the EMTs, on at least includes adjustments or additions to an annual basis, shall determine the management measures, after reviewing extent to which the objectives of the the Council’s recommendation and sup- FMP are being achieved and shall porting information: make recommendations to the Council (1) If the Regional Director concurs for further management actions, if re- with the Council’s recommended man- quired. agement measures and determines that (d) After receiving the EMT rec- the recommended management meas- ommendations, the Council shall deter- ures may be published as a final rule, mine whether adjustments to, or addi- based on the factors specified in para- tional management measures are nec- graph (c) of this section, the action will essary to meet the goals and objectives be published in the FEDERAL REGISTER of the FMP. After considering the as a final rule; or EMT’s recommendations, or at any (2) If the Regional Director concurs other time, if the Council determines with the Council’s recommendation that adjustments to, or additional and determines that the recommended management measures are necessary, management measures should be pub- it shall develop and analyze appro- lished first as a proposed rule, the ac- priate management actions over the tion will be published as a proposed span of at least two Council meetings. rule in the FEDERAL REGISTER. After The Council shall provide the appro- additional public comment, if the Re- priate rationale and economic and bio- gional Director concurs with the Coun- logical analysis for its recommenda- cil recommendation, the action will be tion, utilizing the most current catch, published as a final rule in the FED- effort, and other relevant data from ERAL REGISTER; or the fishery. The Council shall provide (3) If the Regional Director does not the public with advance notice of the concur, the Council will be notified, in availability of both the proposals and writing, of the reasons for the non-con- the analyses, and opportunity to com- currence. ment on them prior to, and at, the sec- (e) At any time, the Council may ond Council meeting. The Council’s make other adjustments to manage- recommendation on adjustments or ad- ment measures implemented under this ditions to management measures may part pursuant to the provisions in come from one or more of the following § 649.44. categories: (f) Nothing in this section is meant (1) Minimum-size changes; to diminish the authority of the Sec- (2) A maximum-size limit; retary to take emergency action under (3) Trap limits; section 305(c) of the Magnuson Act. (4) Seasonal closures of one or more management areas; § 649.44 Framework specifications. (5) Closed areas or zones within a (a) Annually, upon request from the management area; Council, the Regional Director will (6) Restrictions on allowable fishing provide the Council with information time; of the status of the American lobster (7) Restrictions on allowable catches; resource, based on the most recent (8) Permitting restrictions; stock assessment report. (9) Additional restrictions on gear; (b) The Council and Atlantic States (10) Overfishing definition; Fisheries Commission, through con- (11) Limitations on participation in sultation with the ASMFC Lobster Sci- the fishery in accordance with the con- entific Committee within the stock as- trol date guidelines contained in sessment process and with the EMTs, § 649.44(b)(11). These guidelines will shall continue to monitor the effective- apply until a stock rebuilding program ness of the Stock Rebuilding Program is established. and to ensure, to the extent possible, (12) Any other restrictions which the that regional measures (within a Man- Council may designate for the purpose
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of reducing or controlling fishing mor- pose management measures to resolve tality rates, except that an Individual gear conflicts; and Transferable Quota (ITQ) system would (4) Whether there will be a con- require a full FMP amendment. tinuing evaluation of management (e) The Council may develop a rec- measures adopted, following their pro- ommendation on measures to address mulgation as a final rule. gear conflicts as defined under 50 CFR (g) If the Council’s recommendation 600.10 in accordance with the procedure includes adjustments or additions to specified in § 648.55(d) and (e). management measures, after reviewing (f) After developing management ac- the Council’s recommendation and sup- porting information: tions and receiving public testimony, (1) If the Regional Director concurs the Council shall make a recommenda- with the Council’s recommended man- tion to the Regional Director. The agement measures and determines that Council’s recommendation must in- the recommended management meas- clude supporting rationale and, if man- ures may be published as a final rule, agement measures are recommended, based on the factors specified in para- an analysis of impacts, and a rec- graph (d) of this section, the action ommendation to the Regional Director will be published in the FEDERAL REG- on whether to publish the management ISTER as a final rule; or measures as a final rule. If the Council (2) If the Regional Director concurs recommends that the management with the Council’s recommendation measures should be published as a final and determines that the recommended rule, the Council must consider at least management measures should be pub- the following factors and provide sup- lished first as a proposed rule, the ac- port and analysis for each factor con- tion will be published as a proposed sidered: rule in the FEDERAL REGISTER. After (1) Whether the availability of data additional public comment, if the Re- on which the recommended manage- gional Director concurs with the Coun- ment measures are based allows for cil recommendation, the action will be adequate time to publish a proposed published as a final rule in the FED- rule, and whether regulations have to ERAL REGISTER; or be in place for an entire harvest/fishing (3) If the Regional Director does not season; concur, the Council will be notified, in (2) Whether there has been adequate writing, of the reasons for the non-con- notice and opportunity for participa- currence. tion by the public and members of the (h) Nothing in this section shall im- affected industry in the development of pair the authority of the Secretary to the Council’s recommended manage- take emergency action under section ment measures; 305(c) of the Magnuson Act. (3) Whether there is an immediate [59 FR 31943, June 21, 1994, as amended at 62 need to protect the resource or to im- FR 1405, Jan. 10, 1997]
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PART 654—STONE CRAB FISHERY 654.3 Relation to other laws. OF THE GULF OF MEXICO 654.4 Permits and fees. [Reserved] 654.5 Recordkeeping and reporting. [Re- served] Subpart A—General Measures 654.6 Vessel and gear identification. Sec. 654.7 Prohibitions. 654.1 Purpose and scope. 654.8 Facilitation of enforcement. 654.2 Definitions. 654.9 Penalties.
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Subpart B—Management Measures § 654.3 Relation to other laws. 654.20 Seasons. (a) The relation of this part to other 654.21 Harvest limitations. laws is set forth in § 620.3 of this chap- 654.22 Gear restrictions. ter and paragraphs (b), (c), and (d) of 654.23 Southwest Florida seasonal trawl clo- this section. sure. (b) The regulations in this part are 654.24 Shrimp/stone crab separation zones. intended to be compatible with, and do 654.25 Prevention of gear conflicts. not supersede, similar regulations in 654.26 Adjustment of management meas- effect for the Everglades National Park ures. (36 CFR 7.45). 654.27 Specifically authorized activities. (c) The regulations in this part are APPENDIX A TO PART 654—FIGURES intended to be compatible with similar FIGURE 1—STONE CRAB CLAW regulations and statutes in effect in FIGURE 2—SOUTHWEST FLORIDA SEASONAL Florida’s waters. TRAWL CLOSURE (d) Under Amendment 6 to the Fish- FIGURE 3—SHRIMP/STONE CRAB SEPARATION ery Management Plan for the Stone ZONES Crab Fishery of the Gulf of Mexico, AUTHORITY: 16 U.S.C. 1801 et seq. there is a temporary moratorium on SOURCE: 60 FR 13919, Mar. 15, 1995, unless the issuance by the Regional Director otherwise noted. of Federal identification numbers and color codes for vessels and gear in the Subpart A—General Measures stone crab fishery in the management area. The moratorium will end not § 654.1 Purpose and scope. later than June 30, 2002. During the moratorium, fishermen must obtain (a) The purpose of this part is to im- identification numbers and color codes plement the Fishery Management Plan for these vessels and gear from the for the Stone Crab Fishery of the Gulf State of Florida. (See § 654.6(a).) of Mexico, prepared by the Gulf of Mex- ico Fishery Management Council under [60 FR 13919, Mar. 15, 1995, as amended at 63 the Magnuson Act. FR 44595, Aug. 20, 1998] (b) This part governs conservation § 654.4 Permits and fees. [Reserved] and management of stone crab and re- stricts the trawl fishery in the manage- § 654.5 Recordkeeping and reporting. ment area. [Reserved] (c) ‘‘EEZ’’ refers to the EEZ in the management area, unless the context § 654.6 Vessel and gear identification. clearly indicates otherwise. (a) An owner or operator of a vessel that is used to harvest stone crabs by § 654.2 Definitions. traps in the management area must In addition to the definitions in the comply with the vessel and gear identi- Magnuson Act and in § 620.2 of this fication requirements applicable to the chapter, the terms used in this part harvesting of stone crabs by traps in have the following meanings: Florida’s waters in effect as of April 14, Management area means the EEZ off 1995, in Rule 62N–8.001 and Rule 46– the coast of Florida from a line extend- 13.002(2) (e) and (f), Florida Administra- ing directly south from the Alabama/ tive Code. This incorporation by ref- Florida boundary (87°31′06″ W. long.) to erence was approved by the Director of a line extending directly east from the the Office of the Federal Register in Dade/Monroe County, FL boundary accordance with 5 U.S.C. 552(a) and 1 (25°20.4′ N. lat.). CFR part 51. Copies may be obtained Regional Director means the Director, from the Florida Marine Fisheries Southeast Region, NMFS, 9721 Execu- Commission, 2540 Executive Center Cir- tive Center Drive N., St. Petersburg, cle West, Suite 106, Tallahassee, FL FL 33702, telephone: 813–570–5301; or a 32301; telephone: 904–487–0554. Copies designee. may be inspected at the office of the Stone crab means Menippe mercenaria, Regional Director; the Office of Fish- M. adina or the hybrid, M. adina X M. eries Conservation and Management, mercenaria, or a part thereof. NMFS, 1315 East-West Highway, Silver
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Spring, MD 20910; or the Office of the trap, buoy, or line in the management Federal Register, 800 North Capitol area, as specified in § 654.22(c). Street, NW, Suite 700, Washington, DC. (j) Trawl in a closed area or during a (b) A stone crab trap or buoy in the closed season, as specified in §§ 654.23 or EEZ that is not in compliance with the 654.24, or as may be implemented under gear identification requirements speci- § 654.25(b). fied in paragraph (a) of this section is (k) Place a stone crab trap in a closed illegal. Such trap or buoy, and any con- area or during a closed season, as speci- necting lines, will be considered un- fied in § 654.24, or as may be imple- claimed or abandoned property and mented under § 654.25(b). may be disposed of in any manner con- (l) Interfere with fishing or obstruct sidered appropriate by the Assistant or damage fishing gear or the fishing Administrator or an authorized officer. vessel of another, as specified in An owner of such trap or buoy remains § 654.25(a). subject to appropriate civil penalties. (m) Make any false statement, oral A stone crab trap will be presumed to or written, to an authorized officer be the property of the most recently concerning the taking, catching, har- documented owner. vesting, landing, purchase, sale, posses- sion, or transfer of stone crab. [60 FR 13919, Mar. 15, 1995; 60 FR 20196, Apr. (n) Interfere with, obstruct, delay, or 28, 1995] prevent by any means an investigation, search, seizure, or disposition of seized § 654.7 Prohibitions. property in connection with enforce- In addition to the general prohibi- ment of the Magnuson Act. tions specified in § 620.7 of this chapter, it is unlawful for any person to do any § 654.8 Facilitation of enforcement. of the following: See § 620.8 of this chapter. (a) Falsify or fail to display and maintain vessel and gear identifica- § 654.9 Penalties. tion, as required by § 654.6(a). See § 620.9 of this chapter. (b) Possess a stone crab in the man- agement area during the period speci- Subpart B—Management fied in § 654.20(a). Measures (c) Possess a stone crab trap in the management area during the period § 654.20 Seasons. specified in § 654.20(c). (a) Closed season. No person may pos- (d) Remove from a stone crab in or sess a stone crab in the management from the management area, or possess area from 12:01 a.m., local time, May in the management area, a claw that is 16, through 12 p.m. midnight, local less than the minimum size limit speci- time, October 14, each year. Holding a fied in § 654.21(a). stone crab in a trap in the water during (e) Fail to return immediately to the a soak period or during a removal pe- water unharmed an egg-bearing stone riod (see paragraph (b) of this section), crab, or strip eggs from or otherwise or during any extension thereto, is not molest an egg-bearing stone crab; as deemed possession, provided that, if specified in § 654.21(b). the trap is removed from the water (f) Hold a stone crab in or from the during such period, such crab is re- management area aboard a vessel other turned immediately to the water with than as specified in § 654.21(c). its claws unharvested. (g) Use or possess in the management (b) Placement of traps. (1) Prior to the area a stone crab trap that does not fishing season. The period of October 5 have a biodegradable panel, as specified through October 14 is established as a in § 654.22(a). trap soak period. A stone crab trap (h) Pull or tend a stone crab trap in may be placed in the management area the management area other than dur- not earlier than 1 hour before sunrise ing daylight hours, as specified in on October 5. § 654.22(b). (2) After the fishing season. The period (i) Willfully tend, open, pull, or oth- of May 16 through May 20 is established erwise molest another fisherman’s as a trap removal period. A stone crab
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trap must be removed from the man- largest section of the claw assembly agement area not later than 1 hour that has both a movable and immov- after sunset on May 20, unless an ex- able finger and is located farthest from tension to the removal period is grant- the body when the entire appendage is ed under paragraph (b)(2)(i) of this sec- extended. (See Appendix A, Figure 1, of tion and the extension authorization is this part.) carried aboard the fishing vessel as (b) Egg-bearing stone crabs. An egg- specified in paragraph (b)(2)(ii) of this bearing stone crab in or from the man- section. agement area must be returned imme- (i) An extension of the removal pe- diately to the water unharmed—with- riod may be granted by Florida in ac- out removal of a claw. An egg-bearing cordance with Rule 46–13.002(2)(b), Flor- stone crab may not be stripped of its ida Administrative Code, in effect as of eggs or otherwise molested. April 14, 1995. This incorporation by reference was approved by the Director (c) Holding stone crabs. A live stone of the Office of the Federal Register in crab in or from the management area accordance with 5 U.S.C. 552(a) and 1 may be held aboard a vessel until such CFR part 51. Copies may be obtained time as a legal-sized claw is removed, from the Florida Marine Fisheries provided it is held in a container that Commission, 2540 Executive Center Cir- is shaded from direct sunlight and it is cle West, Suite 106, Tallahassee, FL wet with sea water as necessary to 32301; telephone: 904–487–0554. Copies keep it in a damp condition. Containers may be inspected at the office of the holding stone crabs must be stacked in Regional Director, or the Office of the a manner that does not compress the Federal Register, 800 North Capitol crabs. A stone crab body from which a Street, N.W., Suite 700, Washington, legal-sized claw has been removed must DC. be returned to the sea before the vessel (ii) The extension authorization must reaches shore or a port or dock. be carried aboard the fishing vessel. The operator of a fishing vessel must § 654.22 Gear restrictions. present the authorization for inspec- (a) Biodegradable panels. A stone crab tion upon request of an authorized offi- trap used or possessed in the manage- cer. ment area must have a panel con- (c) Possession of stone crab traps. A structed of wood or cotton and located stone crab trap may not be possessed in on a side of the trap at least two slats the management area from the end of above the bottom, or on the top of the the trap removal period, or an exten- trap, which, when removed, will leave sion thereto, to the beginning of the an opening in the trap measuring at trap soak period, as specified in para- least 2.5 inches by 5 inches (6.35 cm by graph (b) of this section. A stone crab 12.7 cm). trap, float, or rope in the management (b) Daylight hours. A stone crab trap area during this period will be consid- in the management area may be pulled ered unclaimed or abandoned property or tended during daylight hours only— and may be disposed of in any manner considered appropriate by the Assist- that is, from 1 hour before sunrise to 1 ant Administrator or an authorized of- hour after sunset. ficer. An owner of such trap, float, or (c) Gear belonging to others. No fisher- rope remains subject to appropriate man may willfully tend, open, pull, or civil penalties. otherwise molest another fisherman’s trap, buoy, or line in the management § 654.21 Harvest limitations. area without the prior written consent (a) Claw size. No person may remove of that fisherman. from a stone crab in or from the man- agement area, or possess in the man- § 654.23 Southwest Florida seasonal agement area, a claw with a propodus trawl closure. measuring less than 2.75 inches (7.0 From January 1 to 1 hour after sun- cm), measured in a straight line from set (local time) May 20, each year, the the elbow to the tip of the lower im- area described in this section is closed movable finger. The propodus is the to trawling, including trawling for live
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bait. The area is that part of the man- the separation of shrimp trawling and agement area shoreward of a line con- stone crab trapping. The zones are as necting the following points (see Ap- shown in Appendix A, Figure 3, of this pendix A, Figure 2, of this part): part. Although Zone II is entirely with- in Florida’s waters, it is included in North West Point Latitude Longitude this section and Appendix A, Figure 3, of this part for the convenience of fish- B1 ...... 26°16′ 81°58.5′ ermen. Restrictions that apply to Zone C ...... 26°00′ 82°04′ D ...... 25°09′ 81°47.6′ II and those parts of the other zones E ...... 24°54.5′ 81°50.5′ that are in Florida’s waters are con- M1 ...... 24°49.3′ 81°46.4′ tained in Rule 46–38.001, Florida Ad- 1 On the seaward limit of Florida's waters. ministrative Code. Geographical co- ordinates of the points referred to in § 654.24 Shrimp/stone crab separation this paragraph and shown in Appendix zones. A, Figure 3, of this part are as follows Five zones are established in the (loran readings are unofficial and are management area and Florida’s waters included only for the convenience of off Citrus and Hernando Counties for fishermen):
Loran Chain 7980 Point North latitude West longitude WX Y Z
A ...... 28°59′30″ 82°45′36″ 14416.5 31409.4 45259.1 62895.3 B ...... 28°59′30″ 83°00′10″ 14396.0 31386.3 45376.8 63000.0 C ...... 28°26′01″ 82°59′47″ 14301.5 31205.9 45103.2 63000.0 D ...... 28°26′01″ 82°56′54″ 14307.0 31212.2 45080.0 62981.3 E ...... 28°41′39″ 82°55′25″ 14353.7 31300.2 45193.9 62970.0 F ...... 28°41′39″ 82°56′09″ 14352.4 31298.6 45199.4 62975.0 G ...... 28°48′56″ 82°56′19″ 14372.6 31337.2 45260.0 62975.0 H ...... 28°53′51″ 82°51′19″ 14393.9 31371.8 45260.0 62938.7 I ...... 28°54′43″ 82°44′52″ (1)(1)(1)(1) J ...... 28°51′09″ 82°44′00″ (2)(2)(2)(2) K ...... 28°50′59″ 82°54′16″ 14381.6 31351.8 45260.0 62960.0 L ...... 28°41′39″ 82°53′56″ 14356.2 31303.0 45181.7 62960.0 M ...... 28°41′39″ 82°38′46″ (3)(3)(3)(3) N ...... 28°41′39″ 82°53′12″ 14357.4 31304.4 45176.0 62955.0 O ...... 28°30′51″ 82°55′11″ 14323.7 31242.4 45104.9 62970.0 P ...... 28°40′00″ 82°53′08″ 14352.9 31295.7 45161.8 62955.0 Q ...... 28°40′00″ 82°47′58″ 14361.3 31305.4 45120.0 62920.0 R ...... 28°35′14″ 82°47′47″ 14348.6 31280.6 45080.0 62920.0 S ...... 28°30′51″ 82°52'55'' 14327.7 31247.0 45086.6 62955.0 T ...... 28°27′46″ 82°55′09″ 14315.2 31225.8 45080.0 62970.0 U ...... 28°30′51″ 82°52′09″ 14329.1 31248.6 45080.0 62949.9 1 Crystal River Entrance Light 1A. 2 Long Pt. (southwest tip). 3 Shoreline.
(a) Zone I is enclosed by rhumb lines EEZ during the period October 5 connecting, in order, points A, B, C, D, through May 20, each year. T, E, F, G, H, I, and J, plus the shore- (d) Zone IV is enclosed by rhumb line between points A and J. It is un- lines connecting, in order, points E, N, lawful to trawl in that part of Zone I S, O, and E. that is in the EEZ during the period (1) It is unlawful to place a stone October 5 through May 20, each year. crab trap in that part of Zone IV that (b) Zone II is enclosed by rhumb lines is in the EEZ during the periods Octo- connecting, in order, points J, I, H, K, ber 5 through December 1, and April 2 L, and M, plus the shoreline between through May 20, each year. points J and M. (2) It is unlawful to trawl in that part (c) Zone III is enclosed by rhumb of Zone IV that is in the EEZ during lines connecting, in order, points P, Q, the period December 2 through April 1, R, U, S, and P. It is unlawful to trawl each year. in that part of Zone III that is in the
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(e) Zone V is enclosed by rhumb lines tion zones for shrimp trawling and the connecting, in order, points F, G, K, L, use of fixed gear as may be necessary and F. and appropriate to prevent gear con- (1) It is unlawful to place a stone flicts. Necessary prohibitions or re- crab trap in that part of Zone V that is strictions will be published in the FED- in the EEZ during the periods October ERAL REGISTER. 5 through November 30, and March 16 through May 20, each year. § 654.26 Adjustment of management (2) It is unlawful to trawl in that part measures. of Zone V that it is in the EEZ during In accordance with the procedures the period December 1 through March and limitations of the fishery manage- 15, each year. ment plan for the Stone Crab Fishery (f) A stone crab trap, float, or rope in of the Gulf of Mexico, the Regional Di- the management area during a period rector may establish or modify the fol- not authorized by this section will be lowing management measures: Limita- considered unclaimed or abandoned tions on the number of traps that may property and may be disposed of in any be fished by each vessel; construction manner considered appropriate by the characteristics of traps; gear and vessel Assistant Administrator or an author- identification requirements; gear that ized officer. An owner of such trap, float, or rope remains subject to appro- may be used or prohibited in a directed priate civil penalties. A stone crab trap fishery; bycatch levels in non-directed will be presumed to be the property of fisheries; seasons; soak/removal periods the most recently documented owner. and requirements for traps; use, posses- sion and handling of stone crabs aboard § 654.25 Prevention of gear conflicts. vessels; and minimum legal sizes. (a) No person may knowingly place in § 654.27 Specifically authorized activi- the management area any article, in- ties. cluding fishing gear, that interferes with fishing or obstructs or damages The Regional Director may author- fishing gear or the fishing vessel of an- ize, for the acquisition of information other; or knowingly use fishing gear in and data, activities otherwise prohib- such a fashion that it obstructs or ited by the regulations in this part. damages the fishing gear or fishing ves- sel of another. APPENDIX A TO PART 654—FIGURES (b) In accordance with the procedures Figure 1—Stone Crab Claw and limitations of the Fishery Manage- Figure 2—Southwest Florida Seasonal Trawl ment Plan for the Stone Crab Fishery Closure of the Gulf of Mexico, the Regional Di- Figure 3—Shrimp/Stone Crab Separation rector may modify or establish separa- Zones
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PART 660—FISHERIES OFF WEST 660.62 Prohibitions. 660.63 Notification. COAST STATES AND IN THE WEST- 660.64 Gear restrictions. ERN PACIFIC 660.65 At-sea observer coverage. 660.66 Protected species conservation. Subpart A—General 660.67 Framework for regulatory adjust- ments. Sec. 660.68 Fishing moratorium on Hancock Sea- 660.1 Purpose and scope. mount. 660.2 Relation to other laws. 660.69 Management subareas. 660.3 Reporting and recordkeeping. Subpart F—Precious Corals Fisheries Subpart B—Western Pacific Fisheries— General 660.81 Permits. 660.82 Prohibitions. 660.11 Purpose and scope. 660.83 Seasons. 660.12 Definitions. 660.84 Quotas. 660.13 Permits and fees. 660.85 Closures. 660.14 Reporting and recordkeeping. 660.86 Size restrictions. 660.15 Prohibitions. 660.87 Area restrictions. 660.16 Vessel identification. 660.88 Gear restrictions. 660.17 Experimental fishing. 660.89 Framework procedures.
Subpart C—Western Pacific Pelagic Subpart G—West Coast Groundfish Fisheries 660.301 Purpose and scope. 660.302 Definitions. 660.21 Permits. 660.303 Reporting and recordkeeping. 660.22 Prohibitions. 660.304 Management areas. 660.23 Notifications. 660.305 Vessel identification. 660.24 Gear identification. 660.306 Prohibitions. 660.25 Vessel monitoring system. 660.321 Specifications and management 660.26 Longline fishing prohibited area man- measures. agement. 660.322 Gear restrictions. 660.27 Exemptions for longline fishing pro- 660.323 Catch restrictions. hibited areas; procedures. 660.324 Pacific Coast treaty Indian fisheries. 660.28 Conditions for at-sea observer cov- 660.331 Limited entry and open access fish- erage. eries—general. 660.29 Port privileges and transiting for 660.332 Allocations. unpermitted U.S. longline vessels. 660.333 Limited entry fishery—general. 660.30 Prohibition of drift gillnetting. 660.334 Limited entry permits—‘‘A’’ en- 660.31 Framework adjustments to manage- dorsement. ment measures. 660.335 Limited entry permits—‘‘Provisional A’’ endorsement. Subpart D—Western Pacific Crustacean 660.336 Limited entry permits—sablefish en- Fisheries dorsement and tier assignment. 660.337 Limited entry permits—‘‘designated 660.41 Permits. species B’’ endorsement. 660.42 Prohibitions. 660.338 Limited entry permits—new per- 660.43 Notifications. mits. 660.44 Lobster size and condition restric- 660.339 Limited entry permit fees. tions—Permit Area 2. 660.340 Limited entry permit appeals. 660.45 Closed seasons. 660.341 Limited entry permit sanctions. 660.46 Closed areas. 660.350 Compensation with fish for col- 660.47 Gear identification. lecting resource information—exempted 660.48 Gear restrictions. fishing permits off Washington, Oregon, 660.49 At-sea observer coverage. and California. 660.50 Harvest limitation program. 660.51 Monk seal protective measures. Subpart H—West Coast Salmon Fisheries 660.52 Monk seal emergency protective measures. 660.401 Purpose and scope. 660.53 Framework procedures. 660.402 Definitions. 660.54 Five-year review. 660.403 Relation to other laws. 660.404 Recordkeeping and reporting. Subpart E—Bottomfish And Seamount 660.405 Prohibitions. Groundfish Fisheries 660.406 Exempted fishing. 660.407 Treaty Indian fishing. 660.61 Permits. 660.408 Annual actions.
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660.409 Inseason actions. § 660.2 Relation to other laws. 660.410 Escapement and management goals. 660.411 Notification and publication proce- NMFS recognizes that any state law dures. pertaining to vessels registered under the laws of that state while operating Subpart I—Northern Anchovy Fishery in the fisheries regulated under this part, and that is consistent with this 660.501 Purpose and scope. part and the FMPs implemented by 660.502 Definitions. this part, shall continue in effect with 660.503 Relation to other laws. respect to fishing activities regulated 660.504 Recordkeeping and reporting. 660.505 Vessel identification. under this part. 660.506 Prohibitions. 660.507 Facilitation of enforcement. § 660.3 Reporting and recordkeeping. 660.508 Penalties. Except for fisheries subject to sub- 660.509 Harvest quota. parts D and F of this part, any person 660.510 Closures. who is required to do so by applicable 660.511 Fishing seasons. state law or regulation must make and/ 660.512 Closed areas. or file all reports of management unit 660.513 Gear limitations. species landings containing all data Tables—Part 660 and in the exact manner required by Table 1 to Part 660—Quotas for Precious Cor- applicable state law or regulation. als Permit Areas Table 2 to Part 660—Vessel Capacity Ratings for West Coast Groundfish Limited Entry Subpart B—Western Pacific Permits Fisheries—General Figures—Part 660 Figure 1 to Part 660—Carapace Length of § 660.11 Purpose and scope. Lobsters Figure 2 to Part 660—Length of a Longline (a) This subpart contains regulations Vessel that are common to all Western Pacific Figure 3 to Part 660—Dressed, Head-off fisheries managed under fishery man- Length of Salmon agement plans prepared by the Western Pacific Fishery Management Council AUTHORITY: 16 U.S.C. 1801 et. seq. under the Magnuson Act. SOURCE: 61 FR 34572, July 2, 1996, unless (b) Regulations specific to individual otherwise noted. fisheries are included in subparts C, D, E, and F of this part. Subpart A—General § 660.12 Definitions. § 660.1 Purpose and scope. In addition to the definitions in the (a) The regulations in this part gov- Magnuson Act and in § 600.10 of this ern fishing for Western Pacific and chapter, the terms used in subparts B West Coast fishery management unit through F of this part have the fol- species by vessels of the United States lowing meanings: that operate or are based inside the Bottomfish FMP means the Fishery outer boundary of the EEZ off Western Management Plan for Bottomfish and Pacific and West Coast States. Seamount Groundfish of the Western (b) General regulations governing Pacific Region. fishing by all vessels of the United Bottomfish management area means States and by fishing vessels other the areas designated in § 660.69. than vessels of the United States are Bottomfish management unit species contained in part 600 of this chapter. 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.
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Common name Local name Scientific name
Pink snapper...... Opakapaka (H); palu-'Tlena'lena (S); Pristipomoides. gadao (G). 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 Caranx ignoblis. (S). 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: GÐGuam; HÐHawaii; SÐAmerican Samoa.
Carapace length means a measure- reefs in the NWHI as follows: Nihoa Is- ment in a straight line from the ridge land 23°05′ N. lat., 161°55′ W. long.; between the two largest spines above Necker Island 23°35′ N. lat., 164°40′ W. the eyes, back to the rear edge of the long.; French Frigate Shoals 23°45′ N. carapace of a spiny lobster (see Figure lat., 166°15′ W. long; Garner Pinnacles 1 of this part). 25°00′ N. lat., 168°00′ W. long.; Maro Reef Commercial fishing, as used in subpart 25°25′ N. lat., 170°35′ W. long.; Laysan Is- D of this part, means fishing with the land 25°45′ N. lat., 171°45′ W. long; intent to sell all or part of the catch of Lisianski Island 26°00′ N. lat., 173°55′ W. lobsters. All lobster fishing in Crusta- long.; Pearl and Hermes Reef 27°50′ N. ceans Permit Area 1 is considered com- lat., 175°50′ W. long.; Midway Islands mercial fishing. 28°14′ N. lat., 177°22′ W. long.; and Kure Council means the Western Pacific Island 28°25′ N. lat., 178°20′ W. long. The Fishery Management Council. remainder of the VMS subarea is de- Crustaceans FMP means the Fishery limited by parallel lines tangent to and Management Plan for Crustacean Fish- connecting the 50–nm areas around the eries of the Western Pacific Region. following: from Nihoa Island to Necker Crustaceans management area means Island; from French Frigate Shoals to the combined portions of the EEZ en- Gardner Pinnacles; from Gardner Pin- compassed by Crustaceans Permit nacles to Maro Reef; from Laysan Is- Areas 1, 2, and 3. land to Lisianski Island; and from Crustaceans management unit species Lisianski Island to Pearl and Hermes means spiny lobster (Panulirus Reef. marginatus or Panulirus penicillatus), Crustaceans receiving vessel means a slipper lobster (family Scyllaridae), and vessel of the United States to which Kona crab (Ranina ranina). lobster taken in Permit Area 1 are Crustaceans Permit Area 1 (Permit transferred from another vessel. Area 1) means the EEZ off the North- Dead coral means any precious coral western Hawaiian Islands. that contains holes from borers or is Crustaceans Permit Area 2 (Permit discolored or encrusted at the time of Area 2) means the EEZ off the main removal from the seabed. Hawaiian Islands. EFP means an experimental fishing Crustaceans Permit Area 3 (Permit permit. Area 3) means the EEZ of the Territory First level buyer means: of Guam and the EEZ of the Territory (1) The first person who purchases, of American Samoa. with the intention to resell, manage- Crustaceans Permit Area 1 VMS Sub- ment unit species, or portions thereof, area means an area within the EEZ off that were harvested by a vessel that the NWHI 50 nm from the center geo- holds a permit or is otherwise regu- graphical positions of the islands and lated under subpart D of this part; or
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(2) A person who provides record- the primary purpose of catching a dif- keeping, purchase, or sales assistance ferent species. in the first transaction involving man- Interested parties means the State of agement unit species (such as the serv- Hawaii Department of Land and Nat- ices provided by a wholesale auction ural Resources, the Council, holders of facility). permits issued under subpart D of this Fish dealer means any person who: part, and any person who has notified (1) Obtains, with the intention to re- the Regional Director of his or her in- sell, Pacific pelagic management unit terest in the procedures and decisions species, or portions thereof, that were described in §§ 660.51 and 660.52, and who harvested or received by a vessel that has specifically requested to be consid- holds a permit or is otherwise regu- ered an ‘‘interested party.’’ lated under subpart E of this part; or Land or landing means offloading fish (2) Provides recordkeeping, purchase, from a fishing vessel, arriving in port or sales assistance in obtaining or sell- to begin offloading fish, or causing fish ing such management unit species to be offloaded from a fishing vessel. (such as the services provided by a Length overall (LOA) or length of a wholesale auction facility). vessel, as used in § 660.21(i), means the Fisheries Management Division (FMD) horizontal distance, rounded to the means the Chief, Fisheries Manage- nearest foot (with 0.5 ft and above ment Division, Southwest Regional Of- rounded upward), between the foremost fice, NMFS, or a designee. See Table 1 part of the stem and the aftermost part to § 600.502 for the address of the Re- of the stern, excluding bowsprits, rud- gional Office. ders, outboard motor brackets, and Fishing gear, as used in subpart D of similar fittings or attachments (see this part, includes: Figure 2 of this part). ‘‘Stem’’ is the (1) Bottom trawl, which means a trawl foremost part of the vessel, consisting in which the otter boards or the of a section of timber or fiberglass, or footrope of the net are in contact with cast, forged, or rolled metal, to which the sea bed. the sides of the vessel are united at the fore end, with the lower end united to (2) Gillnet, (see § 600.10). the keel, and with the bowsprit, if one (3) Hook-and-line, which means one or is present, resting on the upper end. more hooks attached to one or more ‘‘Stern’’ is the aftermost part of the lines. vessel. (4) Set net, which means a stationary, Live coral means any precious coral buoyed, and anchored gill net. that is free of holes from borers, and (5) Trawl, (see § 600.10). has no discoloration or encrustation on Fishing trip means a period of time the skeleton at the time of removal during which fishing is conducted, be- from the seabed. ginning when the vessel leaves port and Lobster closed area means an area of ending when the vessel lands fish. the EEZ that is closed to fishing for Fishing year means the year begin- lobster. ning at 0001 local time on January 1 Lobster grounds refers, singularly or and ending at 2400 local time on De- collectively, to the following four areas cember 31. in Crustaceans Permit Area 1 that Harvest guideline means a specified shall be used to manage the lobster numerical harvest objective. fishery: Hawaii longline limited access permit (1) Necker Island Lobster Grounds—wa- means the permit required by § 660.21 to ters bounded by straight lines con- use a vessel to fish for Pacific pelagic necting the following coordinates in management unit species with longline the order presented: 24°00′ N. lat., gear in the EEZ around Hawaii or to 165°00′ W. long.; 24°00′ N. lat., 164° 00′ W. land or transship longline-caught Pa- long.; 23°00′ N. lat., 164°00′ W. long.; and cific pelagic management unit species 23°00′ N. lat., 165°00′ W. long. shoreward of the outer boundary of the (2) Gardner Pinnacles Lobster EEZ around Hawaii. Grounds—waters bounded by straight Incidental catch or incidental species lines connecting the following coordi- means species caught while fishing for nates in the order presented: 25°20′ N.
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lat., 168°20′ W. long.; 25°20′ N. lat., 167° Northwestern Hawaiian Islands (NWHI) 40′ W. long.; 24°20′ N. lat., 167°40′ W. means the islands of the Hawaiian Is- long.; and 24°20′ N. lat., 168°20′ W. long. lands Archipelago lying to the west of (3) Maro Reef Lobster Grounds—waters 161° W. long. bounded by straight lines connecting Offloading means removing manage- the following coordinates in the order ment unit species from a vessel. presented: 25°40′ N. lat., 171°00′ W. long.; Owner, as used in subparts C and D 25°40′ N. lat., 170° 20′ W. long.; 25°00′ N. of this part and § 660.61(i) through (m), lat., 170°20′ W. long.; and 25°00′ N. lat., means a person who is identified as the 171°00′ W. long. current owner of the vessel as de- (4) General NWHI Lobster Grounds—all scribed in the Certificate of Docu- waters within Crustaceans Permit Area mentation (Form CG–1270) issued by 1 except for the Necker Island, Gardner the USCG for a documented vessel, or Pinnacles, and Maro Reef Lobster in a registration certificate issued by a Grounds. state, a territory, or the USCG for an Longline fishing prohibited area means undocumented vessel. As used in sub- the portions of the EEZ in which part F of this part and § 660.61(c) longline fishing is prohibited as speci- through (h), the definition of ‘‘owner’’ fied in § 660.26. in § 600.10 of this chapter continues to Longline fishing vessel means a vessel apply. that has longline gear on board the Pacific Islands Area Office means the vessel. Pacific Islands Area Office, (PIAO) Longline gear means a type of fishing Southwest Region, NMFS, located in gear consisting of a main line that ex- Honolulu, Hawaii. The address and ceeds 1 nm in length, is suspended hori- phone number may be obtained from zontally in the water column either an- the Regional Administrator, whose ad- chored, floating, or attached to a ves- dress is in Table 1 to § 600.502 of this sel, and from which branch or dropper chapter. lines with hooks are attached; except Pacific pelagic management unit species that, within the protected species zone, means the following fish: longline gear means a type of fishing gear consisting of a main line of any Common name Scientific name length that is suspended horizontally Mahimahi (dolphin fish) ...... Coryphaena spp. in the water column either anchored, Marlin and spearfish ...... Makaira spp. Tetrapturus spp. floating, or attached to a vessel, and Oceanic sharks ...... Family Alopiidae. from which branch or dropper lines Family Carcharhinidae. with hooks are attached. Family Lamnidae. Family Sphyrnidae. Longline general permit means the per- Sailfish ...... Istiophorus platypterus. mit required by § 660.21 to use a vessel Swordfish ...... Xiphias gladius. to fish for Pacific pelagic management Tuna and related species ...... Allothunnus spp., Auxis spp. Euthynnus spp., unit species in the fishery management Gymnosarda spp. area, excluding the EEZ around Ha- Katsuwonus spp., Scomber waii, or to land or transship longline- spp. caught fish shoreward of the outer Thunnus spp. Wahoo ...... Acanthocybium solandri. boundary of the fishery management area, excluding the waters shoreward Pelagics FMP means the Fishery Man- of the EEZ around Hawaii. agement Plan for Pelagic Species Fish- Main Hawaiian Islands means the is- eries of the Western Pacific Region. lands of the Hawaiian Islands Archi- Precious coral means any coral of the pelago lying to the east of 161° W. long. genus Corallium in addition to the fol- Non-precious coral means any species lowing species of corals: of coral other than those listed under the definition for precious coral in this Common name Scientific name section. Pink coral (also known as red Corallium secundum. Non-selective gear means any gear coral). used for harvesting corals that cannot Pink coral (also known as red Corallium regale. discriminate or differentiate between coral). Pink coral (also known as red Corallium laauense. types, size, quality, or characteristics coral). of living or dead corals. Gold coral ...... Gerardia spp.
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Common name Scientific name under the ESA, or subject to the Mi- gratory Bird Treaty Act, as amended. Gold coral ...... Callogorgia gilberti. Gold coral ...... Narella spp. Protected species study zones means Gold coral ...... Calyptrophora spp. the waters within a specified distance, Bamboo coral ...... Lepidisis olapa. designated by the Regional Director Bamboo coral ...... Acanella spp. pursuant to § 660.66, around the fol- Black coral ...... Antipathes dichotoma. Black coral ...... Antipathes grandis. lowing islands of the NWHI and as Black coral ...... Antipathes ulex. measured from the following coordi- nates: Nihoa Island 23°05′ N. lat., 161°55′ Precious coral permit area means the W. long.; Necker Island 23°35′ N. lat., area encompassing the precious coral 164°40′ W. long.; French Frigate Shoals beds in the management area. Each bed 23°45′ N. lat., 166°15′ W. long.; Gardner is designated by a permit area code and Pinnacles 25°00′ N. lat., 168°00′ W. long.; assigned to one of the following four Maro Reef 25°25′ N. lat., 170°35′ W. long.; categories: Laysan Island 25°45′ N. lat., 171°45′ W. (1) Established beds. Makapuu (Oahu), long.; Lisianski Island 26°00′ N. lat., Permit Area E–B–1, includes the area 173°55′ W. long.; Pearl and Hermes Reef within a radius of 2.0 nm of a point at 27°50′ N. lat., 175°50′ W. long.; Midway 21°18.0′ N. lat., 157°32.5′ W. long. Island 28°14′ N. lat., 177°22′ W. long.; and (2) Conditional beds. (i) Keahole Point Kure Island 28°25′ N. lat., 178°20′ W. (Hawaii), Permit Area C–B–1, includes long. The protected species study zones the area within a radius of 0.5 nm of a encompasses waters within 50 nm of point at 19°46.0′ N. lat., 156°06.0′ W. long. the geographical coordinates listed (ii) Kaena Point (Oahu), Permit Area above. C–B–2, includes the area within a ra- Protected species zone means an area, dius of 0.5 nm of a point at 21°35.4′ N. designated under § 660.26, measured lat., 158°22.9′ W. long. from the center geographical positions (iii) Brooks Bank, Permit Area C–B– of certain islands and reefs in the 3, includes the area within a radius of NWHI, as follows: Nihoa Island 23°05′ N. 2.0 nm of a point at 24°06.0′ N. lat., lat., 161°55′ W. long.; Necker Island 166°48.0′ W. long. 23°35′ N. lat., 164°40′ W. long.; French (iv) 180 Fathom Bank, Permit Area Frigate Shoals 23°45′ N. lat., 166°15′ W. C–B–4, N.W. of Kure Atoll, includes the long; Gardner Pinnacles 25°00′ N. lat., area within a radius of 2.0 nm of a 168°00′ W. long.; Maro Reef 25°25′ N. lat., point at 28°50.2′ N. lat., 178°53.4′ W. long. 170°35′ W. long.; Laysan Island 25°45′ N. (3) Refugia. Westpac Bed, Permit lat., 171°45′ W. long; Lisianski Island Area R–1, includes the area within a ra- 26°00′ N. lat., 173°55′ W. long.; Pearl and dius of 2.0 nm of a point at 28°50.2′ N. Hermes Reef 27°50′ N. lat., 175°50′ W. lat., 162°35.0′ W. long. long.; Midway Islands 28°14′ N. lat., (4) Exploratory areas. (1) Permit Area 177°22′ W. long.; and Kure Island 28°25′ X–P–H includes all coral beds, other N. lat., 178°20′ W. long. Where the areas than established beds, conditional beds, are not contiguous, parallel lines or refugia, in the EEZ seaward of the drawn tangent to and connecting those State of Hawaii. semi-circles of the 50-nm areas that lie (ii) Permit Area X–P–AS includes all between Nihoa Island and Necker Is- coral beds, other than established beds, land, French Frigate Shoals and Gard- conditional beds, or refugia, in the EEZ ner Pinnacles, Gardner Pinnacles and seaward of American Samoa. Maro Reef, and Lisianski Island and (iii) Permit Area X–P–G includes all Pearl and Hermes Reef, shall delimit coral beds, other than established beds, the remainder of the protected species conditional beds, or refugia, in the EEZ zone. seaward of Guam. Receiving vessel permit means a permit (iv) Permit Area X–P–PI includes all required by § 660.21(c) for a receiving coral beds, other than established beds, vessel to transship or land Pacific pe- conditional beds, or refugia, in the EEZ lagic management unit species taken seaward of the U.S. Pacific Island pos- by other vessels using longline gear. sessions. Regional Director means the Director, Protected species means an animal Southwest Region, NMFS (see Table 1 protected under the MMPA, listed of § 600.502 for address).
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Seamount groundfish means the fol- erate in any of the fisheries regulated lowing species: under subparts C, D, E, and F of this part. In no case shall the Pacific Area Common name Scientific name Office accept an application that is not Armorhead ...... Pentaceros richardsoni. on the Southwest Region Federal Fish- Alfonsin ...... Beryx splendens. eries application form. A completed ap- Raftfish ...... Hyperoglyphe japonica. plication is one that contains all the Selective gear means any gear used for necessary information, attachments, harvesting corals that can discriminate certifications, signatures, and fees re- or differentiate between type, size, quired. quality, or characteristics of living or (2) A minimum of 15 days should be dead corals. allowed for processing a permit appli- Special Agent-In-Charge (SAC) means cation. If an incomplete or improperly the Special Agent-In-Charge, NMFS, completed application is filed, the ap- Office of Enforcement, Southwest Re- plicant will be sent a notice of defi- gion, or a designee of the Special ciency. If the applicant fails to correct Agent-In-Charge. the deficiency within 30 days following Transship means offloading or other- the date of notification, the applica- wise transferring management unit tion will be considered abandoned. species or products thereof to a receiv- (d) Change in application information. ing vessel. A minimum of 10 days should be given Trap means a box-like device used for for the Pacific Area Office to record catching and holding lobsters. any change in information from the U.S. harvested corals means coral permit application submitted under caught, taken, or harvested by vessels paragraph (c) of this section. Failure to of the United States within any fishery report such changes may result in in- for which a fishery management plan validation of the permit. has been implemented under the Mag- (e) Issuance. After receiving a com- nuson Act. plete application, the FMD will issue a Vessel monitoring system unit (VMS permit to an applicant who is eligible unit) means the hardware and software under § 660.21, § 660.41, § 660.61, or § 660.81, owned by NMFS, installed on vessels as appropriate. by NMFS, and required by subpart C of (f) Fees. (1) PIAO will not charge a fee this part to track and transmit the po- for a permit issued under subpart D or sitions of longline vessels or the hard- F of this part, or for a Ho’omalu Zone ware and software used by vessels to limited access permit issued under track and transmit the positions of § 660.61. vessels permitted under subpart D of (2) PIAO will charge a fee for each ap- this part to fish in Crustaceans Permit plication for a Hawaii longline limited Area 1. access permit (including permit trans- fers and permit renewals) and Mau [61 FR 34572, July 2, 1996, as amended at 62 FR 35449, July 1, 1997; 62 FR 47587, Sept. 10, Zone limited access permit (including 1997; 62 FR 43294, Aug. 13, 1997; 63 FR 20540, permit renewals). The amount of the Apr. 27, 1998; 63 FR 29355, May 29, 1998; 64 FR fee is calculated in accordance with the 22811, Apr. 28, 1999; 64 FR 36822, July 8, 1999] procedures of the NOAA Finance Hand- book, available from the Regional Ad- § 660.13 Permits and fees. ministrator, for determining the ad- (a) Applicability. The requirements for ministrative costs of each special prod- permits for specific Western Pacific uct or service. The fee may not exceed fisheries are set forth in subparts C such costs and is specified with each through F of this part. application form. The appropriate fee (b) Validity. Each permit is valid for must accompany each application. fishing only in the specific fishery Failure to pay the fee will preclude management areas identified on the issuance of a Hawaii longline or Mau permit. Zone limited access permit. (c) Application. (1) A Southwest Re- (g) Expiration. (1) Permits issued gion Federal Fisheries application under subparts C, D, and F of this part form may be obtained from the Pacific are valid for the period specified on the Area Office to apply for a permit to op- permit unless transferred, revoked,
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suspended, or modified under 15 CFR (b) Transshipment logbooks. Any per- part 904. son subject to the requirements of (2) Permits issued under subpart E of § 660.21(c) must maintain on board the this part expire at 2400 local time on vessel an accurate and complete NMFS December 31. transshipment logbook containing re- (h) Replacement. Replacement permits port forms provided by the Regional may be issued, without charge, to re- Director. All information specified on place lost or mutilated permits. An ap- the forms must be recorded on the plication for a replacement permit is forms within 24 hours of the day of not considered a new application. transshipment. The original logbook (i) Transfer. An application for a per- form for each day of transshipment ac- mit transfer under §§ 660.21(h), 660.41(e), tivity must be submitted to the Re- or 660.61(e), or for registration of a per- gional Director within 72 hours of each mit for use with a replacement vessel landing of management unit species. under § 660.61(k), must be submitted to Each form must be signed and dated by the PIAO as described in paragraph (c) the receiving vessel operator. of this section. (c) Sales report. The operator of any (j) Alteration. Any permit that has been altered, erased, or mutilated is in- fishing vessel subject to the require- valid. ments of § 660.41 must submit to the (k) Display. Any permit issued under Regional Director, within 72 hours of this subpart, or a facsimile of the per- offloading of crustaceans management mit, must be on board the vessel at all unit species, an accurate and complete times while the vessel is fishing for, sales report on a form provided by the taking, retaining, possessing, or land- Regional Director. The form must be ing management unit species shore- signed and dated by the fishing vessel ward of the outer boundary of the fish- operator. ery management area. Any permit (d) Packing or weigh-out slips. The op- issued under this section must be dis- erator of any fishing vessel subject to played for inspection upon request of the requirements of § 660.41 must at- an authorized officer. tach packing or weighout slips pro- (l) Sanctions. Procedures governing vided to the operator by the first-level sanctions and denials are found at sub- buyer(s), unless the packing or part D of 15 CFR part 904. weighout slips have not been provided (m) Permit appeals. Procedures for ap- in time by the buyer(s). peals of permit and administrative ac- (e) Modification of reporting and rec- tions are specified in the relevant sub- ordkeeping requirements. The Regional parts of this part. Director may, after consultation with [61 FR 34572, July 2, 1996, as amended at 64 the Council, initiate rulemaking to FR 22812, Apr. 28, 1999] modify the information to be provided on the fishing record forms, trans- § 660.14 Reporting and recordkeeping. shipment logbook, and sales report (a) Fishing record forms. The operator forms and timeliness by which the in- of any fishing vessel subject to the re- formation is to be provided, including quirements of §§ 660.21, 660.41, or 660.81 the submission of packing or weighout must maintain on board the vessel an slips. accurate and complete record of catch, (f) Availability of records for inspection. effort, and other data on report forms (1) Pacific pelagic management unit spe- provided by the Regional Director. All cies. Upon request, any fish dealer must information specified on the forms immediately provide an authorized of- must be recorded on the forms within ficer access for inspecting and copying 24 hours after the completion of each all records of purchases, sales, or other fishing day. The original logbook form transactions involving Pacific pelagic for each day of the fishing trip must be management unit species taken or han- submitted to the Regional Director dled by longline vessels that have per- within 72 hours of each landing of man- mits issued under this subpart or that agement unit species. Each form must are otherwise subject to subpart C of be signed and dated by the fishing ves- this part, including, but not limited to, sel operator. information concerning:
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(i) The name of the vessel involved in board the vessel and available for in- each transaction and the owner or op- spection by an authorized officer, when erator of the vessel. a permit is required under § 660.13 or (ii) The weight, number, and size of § 660.17, unless the vessel was at sea each species of fish involved in each when the permit was issued under transaction. § 660.13, in which case the permit must (iii) Prices paid by the buyer and pro- be on board the vessel before its next ceeds to the seller in each transaction. trip. (2) Crustaceans management unit spe- (b) File false information on any ap- cies. Upon request, any first-level buyer plication for a fishing permit under must immediately allow an authorized § 660.13 or an EFP under § 660.17. officer and any employee of NMFS des- (c) Fail to file reports in the exact ignated by the Regional Director, to manner required by any state law or access, inspect, and copy all records re- regulation, as required in § 660.14. lating to the harvest, sale, or transfer (d) Falsify or fail to make, keep, of crustacean management unit species maintain, or submit any logbook or taken by vessels that have permits logbook form or other record or report issued under this subpart or that are required under §§ 660.14 and 660.17. otherwise subject to subpart D of this (e) Refuse to make available to an part. This requirement may be met by authorized officer or a designee of the furnishing the information on a work- Regional Director for inspection or sheet provided by the Regional Direc- copying, any records that must be tor. The information must include, but made available in accordance with is not limited to: § 660.14. (i) The name of the vessel involved in (f) Fail to affix or maintain vessel or each transaction and the owner or op- gear markings, as required by §§ 660.16, erator of the vessel. 660.24, and 660.47. (ii) The amount, number, and size of (g) Violate a term or condition of an each management unit species involved EFP issued under § 660.17. in each transaction. (h) Fail to report any take of or (iii) Prices paid by the buyer and pro- interaction with protected species as ceeds to the seller in each transaction. required by § 660.17(k). (3) Bottomfish and seamount groundfish (i) Fish without an observer on board management unit species. Any person the vessel after the owner or agent of who is required by state laws and regu- the owner has been directed by NMFS lations to maintain records of landings to make accommodations available for and sales for vessels regulated by this an observer under §§ 660.17, 660.28, 660.49, subpart and subpart E of this part must or 660.65. make those records immediately avail- (j) Refuse to make accommodations able for Federal inspection and copying available for an observer when so di- upon request by an authorized officer. rected by the Regional Director under (g) State reporting. Any person who § 660.28, § 660.49, or § 660.65, or under any has a permit under §§ 660.21 or 660.61 provision in an EFP issued under and who is required by state laws and § 660.17. regulations to maintain and submit (k) Fail to notify officials as required records of landings and sales for vessels in §§ 660.23, 660.28, 660.43, and 660.63. regulated by subparts C and E of this part must maintain and submit those § 660.16 Vessel identification. records in the exact manner required (a) Each fishing vessel subject to this by state laws and regulations. subpart must display its official num- [61 FR 34572, July 2, 1996, as amended at 62 ber on the port and starboard sides of FR 27524, May 20, 1997] the deckhouse or hull, and on an appro- priate weather deck, so as to be visible § 660.15 Prohibitions. from enforcement vessels and aircraft. In addition to the prohibitions in (b) The official number must be af- § 600.725 of this chapter, it is unlawful fixed to each vessel subject to this sub- for any person to: part and subparts C, D, E, and F of this (a) Engage in fishing without a valid part, in block Arabic numerals at least permit or facsimile of a valid permit on 18 inches (45.7 cm) in height for fishing
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and receiving vessels of 65 ft (19.8 m) (iii) USCG documentation, state li- LOA or longer, and at least 10 inches cense, or registration number. (25.4 cm) in height for all other vessels, (iv) Home port. except vessels subject to Subpart F and (v) Length of vessel. 65 ft (19.8 m) LOA or longer must be (vi) Net tonnage. marked in block Arabic numerals at (vii) Gross tonnage. least 14 inches (35.6 cm) in height. (6) A description of the species (di- Marking must be legible and of a color rected and incidental) to be harvested that contrasts with the background. (c) The vessel operator must ensure under the EFP and the amount of such that the official number is clearly leg- harvest necessary to conduct the ex- ible and in good repair. periment. (d) The vessel operator must ensure (7) For each vessel covered by the that no part of the vessel, its rigging, EFP, the approximate times and places or its fishing gear obstructs the view of fishing will take place, and the type, the official number from an enforce- size, and amount of gear to be used. ment vessel or aircraft. (8) The signature of the applicant. (d) Incomplete applications. The Re- § 660.17 Experimental fishing. gional Director may request from an (a) General. The Regional Director applicant additional information nec- may authorize, for limited purposes, essary to make the determinations re- the direct or incidental harvest of man- quired under this section. An applicant agement unit species that would other- will be notified of an incomplete appli- wise be prohibited by this subpart and cation within 10 working days of re- subparts C, D, E, and F of this part. No ceipt of the application. An incomplete experimental fishing may be conducted application will not be considered until unless authorized by an EFP issued by corrected in writing. the Regional Director in accordance (e) Issuance. (1) If an application con- with the criteria and procedures speci- tains all of the required information, fied in this section. EFPs will be issued without charge. NMFS will publish a notice of receipt (b) Observers. No experimental fishing of the application in the FEDERAL REG- for crustacean management unit spe- ISTER with a brief description of the cies may be conducted unless an NMFS proposal and will give interested per- scientific observer is aboard the vessel. sons an opportunity to comment. The (c) Application. An applicant for an Regional Director will also forward EFP must submit to the Regional Di- copies of the application to the Coun- rector at least 60 days before the de- cil, the USCG, and the fishery manage- sired date of the EFP a written appli- ment agency of the affected state, ac- cation including, but not limited to, companied by the following informa- the following information: tion: (1) The date of the application. (i) The current utilization of domes- (2) The applicant’s name, mailing ad- tic annual harvesting and processing dress, and telephone number. capacity (including existing experi- (3) A statement of the purposes and mental harvesting, if any) of the di- goals of the experiment for which an rected and incidental species for which EFP is needed, including a general de- an EFP is being requested. scription of the arrangements for dis- (ii) A citation of the regulation or position of all species harvested under regulations that, without the EFP, the EFP. (4) A statement of whether the pro- would prohibit the proposed activity. posed experimental fishing has broader (iii) Biological information relevant significance than the applicant’s indi- to the proposal. vidual goals. (2) At a Council meeting following re- (5) For each vessel to be covered by ceipt of a complete application, the Re- the EFP: gional Director will consult with the (i) Vessel name. Council and the Director of the af- (ii) Name, address, and telephone fected state fishery management agen- number of owner and operator. cy concerning the permit application.
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The applicant will be notified in ad- (iii) The times and places where ex- vance of the meeting at which the ap- perimental fishing may be conducted. plication will be considered, and in- (iv) The type, size, and amount of vited to appear in support of the appli- gear which may be used by each vessel cation, if the applicant desires. operated under the EFP. (3) Within 5 working days after the (v) The condition that observers be consultation in paragraph (e)(2) of this carried aboard vessels operating under section, or as soon as practicable there- an EFP. after, NMFS will notify the applicant (vi) Data reporting requirements. in writing of the decision to grant or (vii) Such other conditions as may be deny the EFP and, if denied, the rea- necessary to assure compliance with sons for the denial. Grounds for denial the purposes of the EFP consistent of an EFP include, but are not limited with the objectives of the FMP. to, the following: (f) Duration. Unless otherwise speci- (i) The applicant has failed to dis- fied in the EFP or a superseding notice close material information required, or or regulation, an EFP is effective for has made false statements as to any no longer than 1 year, unless revoked, material fact, in connection with his or suspended, or modified. EFPs may be her application. renewed following the application pro- (ii) According to the best scientific cedures in this section. information available, the harvest to be conducted under the permit would (g) Alteration. Any EFP that has been detrimentally affect any species of fish altered, erased, or mutilated is invalid. in a significant way. (h) Transfer. EFPs issued under sub- (iii) Issuance of the EFP would in- parts B through F of this part are not equitably allocate fishing privileges transferable or assignable. An EFP is among domestic fishermen or would valid only for the vessel(s) for which it have economic allocation as its sole is issued. purpose. (i) Inspection. Any EFP issued under (iv) Activities to be conducted under subparts B through F of this part must the EFP would be inconsistent with be carried aboard the vessel(s) for the intent of this section or the man- which it was issued. The EFP must be agement objectives of the FMP. presented for inspection upon request (v) The applicant has failed to dem- of any authorized officer. onstrate a valid justification for the (j) Sanctions. Failure of the holder of permit. an EFP to comply with the terms and (vi) The activity proposed under the conditions of an EFP, the provisions of EFP would create a significant en- subparts A through F of this part, any forcement problem. other applicable provision of this part, (4) The decision to grant or deny an the Magnuson Act, or any other regula- EFP is final and unappealable. If the tion promulgated thereunder, is permit is granted, NMFS will publish a grounds for revocation, suspension, or notice in the FEDERAL REGISTER de- modification of the EFP with respect scribing the experimental fishing to be to all persons and vessels conducting conducted under the EFP. The Re- activities under the EFP. Any action gional Director may attach terms and taken to revoke, suspend, or modify an conditions to the EFP consistent with EFP will be governed by 15 CFR part the purpose of the experiment includ- 904 subpart D. Other sanctions avail- ing, but not limited to: able under the statute will be applica- (i) The maximum amount of each ble. species that can be harvested and land- (k) Protected species. Persons fishing ed during the term of the EFP, includ- under an EFP must report any inci- ing trip limits, where appropriate. dental take or fisheries interaction (ii) The number, sizes, names, and with protected species on a form pro- identification numbers of the vessels vided for that purpose. Reports must be authorized to conduct fishing activities submitted to the Regional Director under the EFP. within 3 days of arriving in port.
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Subpart C—Western Pacific teration, display, and sanctions for per- Pelagic Fisheries mits issued under this section, as appli- cable, are contained in § 660.13. § 660.21 Permits. (h) A limited access permit may be (a) A fishing vessel of the United transferred as follows: States must be registered for use under (1) The owner of a Hawaii longline a Hawaii longline limited access per- limited access permit may apply to mit or a longline general permit if that transfer the permit: vessel is used: (i) To a different person for registra- (1) To fish for Pacific pelagic man- tion for use with the same or another agement unit species using longline vessel; or gear in the EEZ around American (ii) For registration for use with an- Samoa, Guam, the Northern Mariana other U.S. vessel under the same own- Islands, or other U.S. island posses- ership. sions in the Pacific Ocean; or (2) An application for a permit trans- (2) To land or transship, shoreward of fer will be submitted to the Pacific the outer boundary of the EEZ around Area Office as described in § 660.13(c). American Samoa, Guam, the Northern (i) A Hawaii longline limited access Mariana Islands, or other U.S. island permit will not be registered for use possessions in the Pacific Ocean, Pa- with a vessel that has a LOA greater cific pelagic management unit species than 101 ft (30.8 m). that were harvested with longline gear. (j) Only a person eligible to own a (b) A fishing vessel of the United documented vessel under the terms of States must be registered for use under 46 U.S.C. 12102(a) may be issued or may a Hawaii longline limited access per- hold (by ownership or otherwise) a Ha- mit if that vessel is used: waii longline limited access permit. (1) To fish for Pacific pelagic man- (k) Except as provided in subpart D agement unit species using longline of 15 CFR part 904, any applicant for a gear in the EEZ around Hawaii; or permit or any permit owner may ap- (2) To land or transship, shoreward of peal to the Regional Director the the outer boundary of the EEZ around granting, denial, conditioning, suspen- Hawaii, Pacific pelagic management sion, or transfer of a permit or re- unit species that were harvested with quested permit under this section. To longline gear. be considered by the Regional Director, (c) A receiving vessel must be reg- the appeal will be in writing, will state istered for use with a receiving vessel the action(s) appealed, and the reasons permit if that vessel is used to land or therefor, and will be submitted within transship, shoreward of the outer 30 days of the action(s) by the FMD. boundary of the fishery management The appellant may request an informal area, Pacific pelagic management unit hearing on the appeal. species that were harvested with (1) Upon receipt of an appeal author- longline gear. ized by this section, the Regional Di- (d) Any required permit must be on rector may request additional informa- board the vessel and available for in- tion. Upon receipt of sufficient infor- spection by an authorized agent, except mation, the Regional Director will de- that if the permit was issued while the cide the appeal in accordance with the vessel was at sea, this requirement ap- criteria set out in this part and in the plies only to any subsequent trip. Fishery Management Plans prepared (e) A permit is valid only for the ves- by the Council, as appropriate, based sel for which it is registered. A permit upon information relative to the appli- not registered for use with a particular cation on file at NMFS and the Council vessel may not be used. and any additional information avail- (f) An application for a permit re- able; the summary record kept of any quired under this section will be sub- hearing and the hearing officer’s rec- mitted to the Pacific Area Office as de- ommended decision, if any, as provided scribed in§ 660.13. in paragraph (k)(3) of this section; and (g) General requirements governing such other considerations as deemed application information, issuance, fees, appropriate. The Regional Director will expiration, replacement, transfer, al- notify the appellant of the decision and
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the reasons therefor, in writing, nor- that the person is required to do so by mally within 30 days of the receipt of applicable state law or regulation. sufficient information, unless addi- (c) Use a longline vessel without a tional time is needed for a hearing. valid longline general permit or a Ha- (2) If a hearing is requested, or if the waii longline limited access permit Regional Director determines that one registered for use with that vessel, to is appropriate, the Regional Director fish for Pacific pelagic management may grant an informal hearing before a unit species in the EEZ around Amer- hearing officer designated for that pur- ican Samoa, Guam, the Northern Mar- pose. Such a hearing normally shall be iana Islands, or U.S. possessions in the held no later than 30 days following re- Pacific Ocean area. ceipt of the appeal, unless the hearing (d) Use a longline fishing vessel with- officer extends the time. The appellant out a valid Hawaii longline limited ac- and, at the discretion of the hearing of- cess permit registered for use with that ficer, other interested persons, may ap- vessel to fish for Pacific pelagic man- pear personally or be represented by agement unit species in the EEZ counsel at the hearing and submit in- around Hawaii. formation and present arguments as (e) Use a receiving vessel without a determined appropriate by the hearing valid receiving vessel permit registered officer. Within 30 days of the last day for use with that vessel to land or of the hearing, the hearing officer shall transship, shoreward of the outer recommend, in writing, a decision to boundary of the fishery management the Regional Director. area, Pacific pelagic management unit (3) The Regional Director may adopt species harvested with longline gear. the hearing officer’s recommended de- (f) Transfer a permit in violation of cision, in whole or in part, or may re- § 660.21(h). ject or modify it. In any event, the Re- (g) Fish for Pacific pelagic manage- gional Director will notify the appel- ment unit species with longline gear lant, and interested persons, if any, of within the protected species zone in the decision, and the reason(s) there- the NWHI. for, in writing, within 30 days of re- (h) Fail to notify the NMFS South- ceipt of the hearing officer’s rec- west Enforcement Office of intent to ommended decision. The Regional Di- enter or depart the protected species rector’s action shall constitute final zone, as required under § 660.23(b). Agency action for the purposes of the (i) Fish with longline gear within a APA. longline fishing prohibited area, except (4) Any time limit prescribed in this as allowed pursuant to an exemption section may be extended for a period issued under § 660.17 or § 660.17. not to exceed 30 days by the Regional (j) Fail to comply with notification Director for good cause, either upon requirements set forth in § 660.23 or in his/her own motion or upon written re- any EFP issued under § 660.17. quest from the appellant stating the (k) Fail to comply with a term or reason(s) therefor. condition governing the observer pro- gram established in § 660.28. § 660.22 Prohibitions. (l) Fail to comply with other terms In addition to the general prohibi- and conditions that the Regional Di- tions specified in § 600.725 of this chap- rector imposes by written notice to ei- ter, it is unlawful for any person to do ther the permit holder or the des- any of the following: ignated agent of the permit holder to (a) Fish for Pacific pelagic manage- facilitate the details of observer place- ment unit species using gear prohibited ment. under § 660.30 or not permitted by an (m) Fish in the fishery after failing EFP issued under § 660.17. to comply with the notification re- (b) Falsify or fail to make and/or file quirements in § 660.23. all reports of Pacific pelagic manage- (n) Use a U.S. vessel that has ment unit species landings, containing longline gear on board and that does all data and in the exact manner, as re- not have a valid Hawaii longline lim- quired by applicable state law or regu- ited access permit registered for use lation, as specified in § 660.3, provided with that vessel or a valid longline
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general permit registered for use with (x) Interfere with, impede, delay, or that vessel to land or transship Pacific prevent access to a VMS unit by a pelagic management unit species NMFS observer. shoreward of the outer boundary of the (y) Connect or leave connected addi- EEZ around American Samoa, Guam, tional equipment to a VMS unit with- the Northern Mariana Islands, or U.S. out the prior approval of the SAC. possessions in the Pacific Ocean area. (o) Use a U.S. vessel that has longline § 660.23 Notifications. gear on board and that does not have a (a) The permit holder for a fishing valid Hawaii longline limited access vessel subject to the requirements of permit registered for use with that ves- this subpart, or an agent designated by sel to land or transship Pacific pelagic the permit holder, shall provide a no- management unit species shoreward of tice to the Regional Director at least the outer boundary of the EEZ around 72 hours (not including weekends and Hawaii. Federal holidays) before the vessel (p) Enter the EEZ around Hawaii leaves port on a fishing trip, any part with longline gear that is not stowed of which occurs in the EEZ around Ha- or secured in accordance with § 660.29, if waii. The vessel operator will be pre- operating a U.S. vessel without a valid sumed to be an agent designated by the Hawaii longline limited access permit permit holder unless the Regional Di- registered for use with that vessel. rector is otherwise notified by the per- (q) Enter the EEZ around American mit holder. The notice must be pro- Samoa, Guam, the Northern Mariana vided to the office or telephone number Islands, or U.S. possessions in the Pa- designated by the Regional Director. cific Ocean area with longline gear The notice must provide the official that is not stowed or secured in accord- ance with § 660.29, if operating a U.S. number of the vessel, the name of the vessel without a valid Hawaii longline vessel, the intended departure date, limited access permit registered for use time, and location, the name of the op- with that vessel or a longline general erator of the vessel, and the name and permit registered for use with that ves- telephone number of the agent des- sel. ignated by the permit holder to be (r) Fail to carry a VMS unit as re- available between 8:00 a.m. to 5 p.m. quired under § 660.25. (Hawaii time) on weekdays for NMFS (s) Interfere with, tamper with, alter, to contact to arrange observer place- damage, disable, or impede the oper- ment. ation of a VMS unit or to attempt any (b) The operator of any vessel subject of the same; or to move or remove a to the requirements of this subpart VMS unit without the prior permission who does not have on board a VMS unit of the SAC. while transiting the protected species (t) Make a false statement, oral or zone as defined in § 660.12, must notify written, to an authorized officer, re- the NMFS Southwest Enforcement Of- garding the use, operation, or mainte- fice (see part 600 for address of Re- nance of a VMS unit. gional Director) immediately upon en- (u) Fish for, catch, or harvest Pacific tering and immediately upon departing pelagic management unit species with the protected species zone. The notifi- longline gear without a VMS unit on cation must include the name of the board the vessel after installation of vessel, name of the operator, date and the VMS unit by NMFS. time (GMT) of access or exit from the (v) Possess on board a vessel without protected species zone, and location by a VMS unit Pacific pelagic manage- latitude and longitude to the nearest ment unit species harvested with minute. longline gear after NMFS has installed the VMS unit on the vessel. § 660.24 Gear identification. (w) Interfere with, impede, delay, or (a) Identification. The operator of prevent the installation, maintenance, each permitted vessel in the fishery repair, inspection, or removal of a VMS management area must ensure that the unit. official number of the vessel be affixed
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to every longline buoy and float, in- the disconnection of additional equip- cluding each buoy and float that is at- ment, including a computer, to any tached to a radar reflector, radio an- VMS unit when deemed appropriate by tenna, or flag marker, whether at- the SAC. tached to a deployed longline or pos- sessed on board the vessel. Markings § 660.26 Longline fishing prohibited must be legible and permanent, and area management. must be of a color that contrasts with (a) Prohibited areas. Longline fishing the background material. shall be prohibited in the longline fish- (b) Enforcement action. Longline gear ing prohibited areas as defined in para- not marked in compliance with para- graphs (b), (c), and (d) of this section. graph (a) of this section and found de- (b) Longline protected species zone. The ployed in the EEZ will be considered protected species zone is 50 nm from unclaimed or abandoned property, and the center geographical positions of may be disposed of in any manner con- Nihoa Island, Necker Island, French sidered appropriate by NMFS or an au- Frigate Shoals, Gardner Pinnacles, thorized officer. Maro Reef, Laysan Island, Lisianski Is- land, Pearl and Hermes Reef, Midway § 660.25 Vessel monitoring system. Islands, and Kure Island, as defined in (a) VMS unit. Only a VMS unit owned § 660.12. by NMFS and installed by NMFS com- (c) Main Hawaiian Islands. (1) From plies with the requirement of this sub- February 1 through September 30 each part. year, the longline fishing prohibited (b) Notification. After a Hawaii area around the main Hawaiian Islands longline limited access permit holder is the portion of the EEZ seaward of has been notified by the SAC of a spe- Hawaii bounded by straight lines con- cific date for installation of a VMS necting the following coordinates in unit in the permit holder’s vessel, the the order listed: vessel must carry the VMS unit after Point N. lat. DW. long. the date scheduled for installation. (c) Fees and charges. During the ex- A ...... 18°05′ 155°40′ perimental VMS program, a Hawaii B ...... 18°20′ 156°25′ C ...... 20°00′ 157°30′ longline limited access permit holder D ...... 20°40′ 161°40′ shall not be assessed any fee or other E ...... 21°40′ 161°55′ charges to obtain and use a VMS unit, F ...... 23°00′ 161°30′ G ...... 23°05′ 159°30′ including the communication charges H ...... 22°55′ 157°30′ related directly to requirements under I ...... 21°30′ 155°30′ this section. Communication charges J ...... 19°50′ 153°50′ K ...... 19°00′ 154°05′ related to any additional equipment at- A ...... 18°05′ 155°40′ tached to the VMS unit by the owner or operator shall be the responsibility (2) From October 1 through the fol- of the owner or operator and not lowing January 31 each year, the NMFS. longline fishing prohibited area around (d) Permit holder duties. The holder of the main Hawaiian Islands is the por- a Hawaii longline limited access per- tion of the EEZ seaward of Hawaii mit and the master of the vessel oper- bounded by straight lines connecting ating under the permit must: the following coordinates in the order (1) Provide opportunity for the SAC listed: to install and make operational a VMS unit after notification. Point N. lat. W. long. (2) Carry the VMS unit on board A ...... 18°05′ 155°40′ whenever the vessel is at sea. L ...... 18°25′ 155°40′ (3) Not remove or relocate the VMS M ...... 19°00′ 154°45′ N ...... 19°15′ 154°25′ unit without prior approval from the O ...... 19°40′ 154°20′ SAC. P ...... 20°20′ 154°55′ (e) Authorization by the SAC. The SAC Q ...... 20°35′ 155°30′ has authority over the installation and R ...... 21°00′ 155°35′ S ...... 22°30′ 157°35′ operation of the VMS unit. The SAC T ...... 22°40′ 159°35′ may authorize the connection or order U ...... 22°25′ 160°20′
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Point N. lat. W. long. include each statistical area, as ap- pearing on Hawaii State Commercial V ...... 21°55′ 160°55′ W ...... 21°40′ 161°00′ Fisheries Charts, in which the exemp- E ...... 21°40′ 161°55′ tion holder made the harvest docu- D ...... 20°40′ 161°40′ mented for the exemption application C ...... 20°00′ 157°30′ B ...... 18°20′ 156°25′ under paragraph (a)(4) of this section. A ...... 18°05′ 155°40′ (c) Each exemption is valid only within the portion(s) of the Hawaii (d) Guam. The longline fishing pro- longline fishing prohibited area speci- hibited area around Guam is the waters fied on the exemption. seaward of Guam bounded by straight (d) A person seeking an exemption lines connecting the following coordi- under this section must submit an ap- nates in the order listed: plication and supporting documenta- Point N. lat. E. long. tion to the Pacific Area Office at least 15 days before the desired effective date A ...... 14°25′ 144°00′ B ...... 14°00′ 143°38′ of the exemption. C ...... 13°41′ 144°33′30″ (e) If the Regional Director deter- D ...... 13°00′ 143°25′30″ mines that a gear conflict has occurred E ...... 12°20′ 143°37′ F ...... 11°40′ 144°09′ and is likely to occur again in the Ha- G ...... 12°00′ 145°00′ waii longline fishing prohibited area H ...... 13°00′ 145°42′ ° ′ ° ′ between a vessel used by a person hold- I ...... 13 27 145 51 ing an exemption under this section and a non-longline vessel, the Regional § 660.27 Exemptions for longline fish- Director may prohibit all longline fish- ing prohibited areas; procedures. ing in the Hawaii longline fishing pro- (a) An exemption permitting a person hibited area around the island where to use longline gear to fish in a por- the conflict occurred, or in portions tion(s) of the Hawaii longline fishing thereof, upon notice to each holder of prohibited area will be issued to a per- an exemption who would be affected by son who can document that he or she: such a prohibition. (1) Currently owns a Hawaii longline (f) The Council will consider informa- limited access permit issued under this tion provided by persons with Hawaii part and registered for use with his or longline limited access permits issued her vessel. under this part who believe they have (2) Before 1970, was the owner or op- experienced extreme financial hardship erator of a vessel when that vessel resulting from the Hawaii longline area landed Pacific pelagic management closure, and will consider recommenda- unit species taken on longline gear in tions of the Pelagic Advisory Review an area that is now within the Hawaii longline fishing prohibited area. Board to assess whether exemptions (3) Was the owner or operator of a under this section should continue to vessel that landed Pacific pelagic man- be allowed, and, if appropriate, revise agement unit species taken on longline the qualifying criteria in paragraph (a) gear in an area that is now within the of this section to permit additional ex- Hawaii longline fishing prohibited emptions. area, in at least 5 calendar years after (1) If additional exemptions are need- 1969, which need not be consecutive. ed, the Council will advise the Re- (4) In any one of the 5 calendar years, gional Director in writing of its rec- was the owner or operator of a vessel ommendation, including criteria by that harvested at least 80 percent of its which financial hardships will be miti- total landings, by weight, of longline- gated, while retaining the effectiveness caught Pacific pelagic management of the longline fishing prohibited area. unit species in an area that is now in (2) Following a review of the Coun- the Hawaii longline fishing prohibited cil’s recommendation and supporting area. rationale, the Regional Director may: (b) Each exemption shall specify the (i) Reject the Council’s recommenda- portion(s) of the Hawaii longline fish- tion, in which case written reasons will ing prohibited area, bounded by longi- be provided by the Regional Director to tudinal and latitudinal lines drawn to the Council for the rejection; or
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(ii) Concur with the Council’s rec- (2) Allowing the observer access to ommendation and, after finding that it all areas of the vessel necessary to con- is consistent with the goals and objec- duct observer duties. tives of the Pelagics FMP, the national (3) Allowing the observer access to standards, and other applicable law, communications equipment and navi- initiate rulemaking to implement the gation equipment as necessary to per- Council’s recommendations. form observer duties. (4) Allowing the observer access to § 660.28 Conditions for at-sea observer VMS units to verify operation, obtain coverage. data, and use the communication capa- (a) NMFS shall advise the permit bilities of the units for official pur- poses. holder or the designated agent of any (5) Providing accurate vessel loca- observer requirement at least 24 hours tions by latitude and longitude or (not including weekends and Federal loran coordinates, upon request by the holidays) before any trip for which observer. NMFS received timely notice in com- (6) Providing sea turtle, marine pliance with these regulations. mammal, or sea bird specimens as re- (b) The ‘‘Notice Prior to Fishing quested. Trip’’ requirements in this subpart (7) Notifying the observer in a timely commit the permit holder to the rep- fashion when commercial fishing oper- resentations in the notice. The notice ations are to begin and end. can be modified by the permit holder or (g) The permit holder, operator, and designated agent because of changed crew must comply with other terms circumstance, if the Regional Director and conditions to ensure the effective is promptly provided a modification to deployment and use of observers that the notice that complies with the no- the Regional Director imposes by writ- tice requirements. The notice will also ten notice. be considered modified if the Regional (h) The permit holder must ensure Director and the permit holder or des- that assigned observers are provided ignated agent agree to placement living quarters comparable to crew changes. members and are provided the same (c) When NMFS notifies the permit meals, snacks, and amenities as are holder or designated agent of the obli- normally provided to other vessel per- gation to carry an observer in response sonnel. A mattress or futon on the to a notification under this subpart, or floor or a cot is not acceptable if a reg- as a condition of an EFP issued under ular bunk is provided to any crew § 660.17, the vessel may not engage in member, unless other arrangements the fishery without taking the ob- are approved in advance by the Re- server. gional Director. (d) A NMFS observer shall arrive at (i) Reimbursement requirements are as follows: the observer’s assigned vessel 30 min- (1) Upon observer verification of ves- utes before the time designated for de- sel accommodations and the number of parture in the notice or the notice as assigned days on board, NMFS will re- modified, and will wait 1 hour for de- imburse vessel owners a reasonable parture. amount for observer subsistence as de- (e) A permit holder must accommo- termined by the Regional Director. date a NMFS observer assigned under (2) If requested and properly docu- these regulations. The Regional Direc- mented, NMFS will reimburse the ves- tor’s office, and not the observer, will sel owner for the following: address any concerns raised over ac- (i) Communications charges incurred commodations. by the observer. (f) The permit holder, vessel oper- (ii) Lost fishing time arising from a ator, and crew must cooperate with the seriously injured or seriously ill ob- observer in the performance of the ob- server, provided that notification of server’s duties, including: the nature of the emergency is trans- (1) Allowing for the embarking and mitted to the Fisheries Observer debarking of the observer. Branch, Southwest Region, NMFS (see
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address for Southwest Regional Direc- of this part may enter waters of the tor) at the earliest practical time. fishery management area with Pacific NMFS will reimburse the owner only pelagic management unit species on for those days during which the vessel board, but may not land or transship is unable to fish as a direct result of any management unit species on board helping the NMFS employee who is se- the vessel. The vessel’s longline gear riously injured or seriously ill. Lost must be stowed or secured so it is ren- fishing time is based on time travelling dered unusable during the time the ves- to and from the fishing grounds and sel is in those waters. any documented out-of-pocket ex- penses for medical services. Payment § 660.30 Prohibition of drift gillnetting. will be based on the current target fish Fishing with drift gillnets in the fish- market prices and that vessel’s average ery management area is prohibited, ex- target fish catch retained per day at cept where authorized by an EFP sea for the previous 2 years, but shall issued under § 660.17. not exceed $5,000 per day or $20,000 per claim. Detailed billing with receipts § 660.31 Framework adjustments to and supporting records are required for management measures. allowable communication and lost fish- ing time claims. The claim must be (a) Introduction. Adjustments in man- completed in ink, showing the claim- agement measures may be made ant’s printed name, address, vessel through rulemaking if new information name, observer name, trip dates, days demonstrates that there are biological, observer on board, an explanation of social, or economic concerns in the the charges, and claimant’s dated sig- fishery. The following framework proc- nature with a statement verifying the ess authorizes the implementation of claim to be true and correct. Requested measures that may affect the operation reimbursement claims must be sub- of the fisheries, gear, harvest guide- mitted to the Fisheries Observer lines, or changes in catch and/or effort. Branch, Southwest Region, NMFS. (b) Annual report. By June 30 of each NMFS will not process reimbursement year, the Council-appointed Pelagics invoices and documentation submitted Plan Team will prepare an annual re- more than 120 days after the occur- port on the fisheries in the manage- rence. ment area. The report shall contain, (j) If a vessel normally has cabins for among other things, recommendations crew members, female observers on a for Council action and an assessment of vessel with an all-male crew must be the urgency and effects of such ac- accommodated either in a single per- tion(s). son cabin or, if NMFS concludes that (c) Procedure for established measures. adequate privacy can be ensured by in- (1) Established measures are manage- stalling a curtain or other temporary ment measures that, at some time, divider, in a two-person shared cabin. If have been included in regulations im- the vessel normally does not have cab- plementing the FMP, and for which the ins for crew members, alternative ac- impacts have been evaluated in Coun- commodations must be approved by cil/NMFS documents in the context of NMFS. If a cabin assigned to a female current conditions. observer does not have its own toilet (2) Following the framework proce- and shower facilities that can be pro- dures of Amendment 7 to the Pelagics vided for the exclusive use of the ob- FMP, the Council may recommend to server, or if no cabin is assigned, then the Regional Director that established arrangements for sharing common fa- measures be modified, removed, or re- cilities must be established and ap- instituted. Such recommendation shall proved in advance by NMFS. include supporting rationale and anal- ysis, and shall be made after advance § 660.29 Port privileges and transiting public notice, public discussion, and for unpermitted U.S. longline ves- consideration of public comment. sels. NMFS may implement the Council’s A U.S. longline fishing vessel that recommendation by rulemaking if ap- does not have a permit under subpart B proved by the Regional Director.
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(d) Procedure for new measures. (1) be submitted to the Pacific Area Office New measures are management meas- as described in § 660.13. If the applica- ures that have not been included in tion for a limited access permit is sub- regulations implementing the FMP, or mitted on behalf of a partnership or for which the impacts have not been corporation, the application must be evaluated in Council/NMFS documents accompanied by a supplementary infor- in the context of current conditions. mation sheet obtained from the Pacific (2) Following the framework proce- Area Office and contain the names and dures of Amendment 7 to the Pelagics mailing addresses of all partners or FMP, the Council will publicize, in- shareholders and their respective per- cluding by FEDERAL REGISTER notice, centage of ownership in the partner- and solicit public comment on, any ship or corporation. proposed new management measure. (d) Number of permits. A maximum of After a Council meeting at which the 15 limited access permits can be valid measure is discussed, the Council will at any time. consider recommendations and prepare (e) Transfer or sale of limited access a FEDERAL REGISTER notice summa- permits. (1) Permits may be transferred rizing the Council’s deliberations, ra- or sold, but no one individual, partner- tionale, and analysis for the preferred ship, or corporation will be allowed to action, and the time and place for any hold a whole or partial interest in more subsequent Council meeting(s) to con- than one permit, except that an owner sider the new measure. At subsequent who qualifies initially for more than public meeting(s), the Council will con- one permit may maintain those per- sider public comments and other infor- mits, but may not obtain additional mation received to make a rec- permits. Layering of partnerships or ommendation to the Regional Director corporations shall not insulate a per- about any new measure. NMFS may mit holder from this requirement. implement the Council’s recommenda- (2) If 50 percent or more of the owner- tion by rulemaking if approved by the ship of a limited access permit is Regional Director. passed to persons other than those list- ed on the permit application, the Pa- Subpart D—Western Pacific cific Area Office must be notified of the Crustacean Fisheries change in writing and provided copies of the appropriate documents con- § 660.41 Permits. firming the changes within 30 days. (a) Applicability. (1) The owner of any (3) Upon the transfer or sale of a lim- vessel used to fish for lobster in Permit ited access permit, a new application Area 1 must have a limited access per- must be submitted by the new permit mit issued for such vessel. Only one owner according to the requirements of permit will be assigned to any vessel. § 660.13. The transferred permit is not (2) The owner of any vessel used to valid until this process is completed. fish for lobster in Permit Area 2 or Per- (f) Replacement of a vessel covered by a mit Area 3, must have a permit issued limited access permit. A limited access for such a vessel. permit issued under this section may, (3) No vessel owner will have permits without limitation as to frequency, be for a single vessel to harvest lobsters transferred by the permit holder to a in Permit Areas 1 and 2 at the same replacement vessel owned by that per- time. son. (4) A limited access permit is valid (g) Issuance of limited access permits to for fishing only in Permit Area 1. future applicants. (b) General requirements. General re- (1) The Regional Director may issue quirements governing application in- limited access permits under this sec- formation, issuance, fees, expiration, tion when fewer than 15 vessel owners replacement, transfer, alteration, dis- hold active permits. play, sanctions, and appeals for per- (2) When the Regional Director has mits issued under this section, as appli- determined that limited access permits cable, are contained in § 660.13. may be issued to new persons, a notice (c) Application. An application for a shall be placed in the FEDERAL REG- permit required under this section will ISTER, and other means will be used to
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notify prospective applicants of the op- (C) One point shall be assigned for portunity to obtain permits under the each calendar year or partial year after limited access management program. August 8, 1985, that the applicant was (3) A period of 90 days will be pro- the owner, operator, or crew member of vided after publication of the FEDERAL a vessel engaged in any other commer- REGISTER notice for submission of new cial fishing in the EEZ surrounding Ha- applications for a limited access per- waii. mit. (5) A holder of a new limited access (4) Limited access permits issued permit must own at least a 50-percent under this paragraph (g) will be issued share in the vessel that the permit first to applicants qualifying under would cover. paragraph (g)(4)(i) of this section. If the § 660.42 Prohibitions. number of limited access permits avail- able is greater than the number of ap- In addition to the general prohibi- plicants that qualify under paragraph tions specified in § 600.725 of this chap- (g)(4)(i) of this section, then limited ac- ter and § 660.16, it is unlawful for any cess permits will be issued to appli- person to do any of the following: cants under paragraph (g)(4)(ii) of this (a) In Permit Area 1, it is unlawful section. for any person to— (i) First priority to receive limited (1) Fish for, take, or retain lobsters— access permits under this paragraph (g) (i) Without a limited access permit goes to owners of vessels that were issued under § 660.41; used to land lobster from Permit Area (ii) By methods other than lobster traps or by hand for lobsters, as speci- 1 during the period 1983 through 1990, fied in § 660.48; and who were excluded from the fishery (iii) From closed areas for lobsters, by implementation of the limited ac- as specified in § 660.46; cess system. If there are insufficient (iv) During a closed season, as speci- permits for all such applicants, the new fied in § 660.45; or permits shall be issued by the Regional (v) After the closure date, as speci- Director through a lottery. fied in § 660.50, and until the fishery (ii) Second priority to receive limited opens again in the following calendar access permits under paragraph (g) year. goes to owners with the most points, (vi) In a lobster grounds after closure based upon a point system. If two or of that grounds as specified in more owners have the same number of § 660.50(b). points and there are insufficient per- (2) Fail to report before landing or mits for all such owners, the Regional offloading as specified in § 660.43. Director shall issue the permits (3) Fail to comply with any protec- through a lottery. Under the point sys- tive measures implemented under tem, limited access permits will be § 660.51 or § 660.52. issued, in descending order, beginning (4) Leave a trap unattended in the with owners who have the most points Management Area except as provided and proceeding to owners who have the in § 660.48. least points, based on the following: (5) Maintain on board the vessel or in (A) Three points shall be assigned for the water more than 1,200 traps per each calendar year after August 8, 1985, fishing vessel, of which no more than that the applicant was the operator of 1,100 can be assembled traps, as speci- a vessel that was used to land lobster fied in § 660.48. from Permit Area 1. (6) Land lobsters taken in Permit (B) Two points shall be assigned for Area 1 after the closure date, as speci- each calendar year or partial year after fied in § 660.50, until the fishery opens August 8, 1985, that the applicant was again the following year. the owner, operator, or crew member of (7) Refuse to make available to an a vessel engaged in either commercial authorized officer and employee of fishing in Permit Area 2 for lobster, or NMFS designated by the Regional Di- fishing in Permit Area 1 for fish other rector for inspection and copying any than lobster with an intention to sell records that must be made available in all or part of the catch. accordance with § 660.14(f)(2).
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(8) Possess on a fishing vessel that (5) Possess on a fishing vessel that has a limited access permit issued has a permit for Permit Area 2 issued under this subpart any lobster trap in under this subpart any lobster trap in Crustaceans Permit Area 1 when fish- Permit Area 2 when fishing for lobster ing for lobster is prohibited as specified in the main Hawaiian Islands is prohib- in §§ 660.45(a), 660.50, 660.51, or 660.52, ex- ited during the months of May, June, cept as allowed under § 660.48(a)(7). July, and August. (9) Possess on a fishing vessel that [61 FR 34572, July 2, 1996, as amended at 62 has a limited access permit issued FR 35449, July 1, 1997; 63 FR 20540, Apr. 27, under this subpart any lobster trap in 1998; 64 FR 36822, July 8, 1999] Crustaceans Permit Area 1 VMS Sub- area when fishing for lobsters is pro- § 660.43 Notifications. hibited as specified in §§ 660.45(a), 660.50, (a) The operator of any vessel subject 660.51, and 660.52, except as allowed to the requirements of this subpart under § 660.48(a)(8). must: (10) Interfere with, tamper with, (1) Report, not less than 24 hours, but alter, damage, disable, or impede the not more than 36 hours, before landing, operation of a VMS unit or to attempt the port, the approximate date and the any of the same while engaged in the approximate time at which spiny and Permit Area 1 fishery; or to move or slipper lobsters will be landed. remove a VMS unit while engaged in (2) Report, not less than 6 hours and the Permit Area 1 fishery without first not more than 12 hours before off- notifying the Regional Administrator. loading, the location and time that off- (11) Make a false statement, oral or loading of spiny and slipper lobsters written, to the Regional Administrator will begin. or an authorized officer, regarding the (b) The Regional Director will notify certification, use, operation, or main- permit holders of any change in the re- tenance of a VMS unit used in the fish- porting method and schedule required ery. in paragraphs (a)(1) and (2) of this sec- (12) Fail to allow an authorized offi- tion at least 30 days prior to the open- cer to inspect and certify a VMS unit ing of the fishing season. used in the fishery. (13) Possess, on a fishing vessel that § 660.44 Lobster size and condition re- has a limited access permit issued strictions—Permit Area 2. under this subpart, any lobster trap in (a) Only spiny lobsters with a cara- a lobster grounds that is closed under pace length of 8.26 cm or greater may § 660.50(b), unless the vessel has an be retained (see Figure 3 of this sub- operational VMS unit, certified by part). NMFS, on board. (b) Any lobster with a punctured or (b) In Permit Area 2, it is unlawful mutilated body, or a separated cara- for any person to— pace and tail, may not be retained. (1) Fish for, take, or retain lobsters— (c) A female lobster of any size may (i) By methods other than lobster not be retained if it is carrying eggs ex- traps or by hand, as specified in § 660.48; ternally. Eggs may not be removed or from female lobsters. (ii) During a closed season, as speci- fied in § 660.45(b). § 660.45 Closed seasons. (2) Retain or possess on a fishing ves- sel any lobster taken in Permit Area 2 (a) Lobster fishing is prohibited in that is less than the minimum size Permit Area 1 during the months of specified in § 660.44. January through June, inclusive. (3) Possess on a fishing vessel any (b) Lobster fishing is prohibited in lobster or lobster part taken in Permit Permit Area 2 during the months of Area 2 in a condition where the lobster May, June, July, and August. is not whole and undamaged as speci- [61 FR 34572, July 2, 1996, as amended at 63 fied in § 660.44. FR 20540, Apr. 27, 1998] (4) Retain or possess on a fishing ves- sel, or remove the eggs from, any egg- § 660.46 Closed areas. bearing lobster, as specified in § 660.44. All lobster fishing is prohibited:
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(a) Within 20 nm of Laysan Island. traps on the grounds, and the location (b) Within the EEZ landward of the and number of the traps, within 24 10-fathom curve as depicted on Na- hours after the vessel reaches port. tional Ocean Survey Charts, Numbers (7) A vessel whose owner has a lim- 19022, 19019, and 19016. ited access permit issued under this subpart and has an operating VMS unit § 660.47 Gear identification. certified by the NMFS may enter Crus- In Permit Area 1, the vessel’s official taceans Permit Area 1 with lobster number must be marked legibly on all traps on board on or after June 25, but traps and floats maintained on board must remain outside the Crustaceans the vessel or in the water by that ves- Permit Area 1 VMS Subarea until the sel. NWHI lobster season opens on July 1. (8) A vessel whose owner has a lim- § 660.48 Gear restrictions. ited access permit issued under this (a) Permit Area 1. (1) Lobsters may be subpart and has on board an oper- taken only with lobster traps or by ational VMS unit certified by NMFS hand. Lobsters may not be taken by may transit Crustaceans Permit Area means of poisons, drugs, other chemi- 1, including Crustaceans Permit Area 1 cals, spears, nets, hook, or explosives. VMS Subarea, with lobster traps on (2) The smallest opening of an entry board for the purpose of moving to an- way of any lobster trap may not allow other lobster grounds or returning to any sphere or cylinder greater than 6.5 port following the closure date, as inches (16.5 cm) in diameter to pass specified in § 660.50, providing the vessel from outside the trap to inside the does not stop or fish and is making trap. steady progress to another lobster (3) Each lobster trap must have a grounds or back to port as determined minimum of two escape vent panels by NMFS. that meet the following requirements: (9) The operator of a permitted vessel (i) Panels must have at least four un- must notify the Regional Adminis- obstructed circular holes no smaller trator or an authorized officer no later than 67 mm in diameter, with centers than June 15 of each year if the vessel at least 82 mm apart. will use a VMS unit in the fishery and (ii) The lowest part of any opening in allow for inspection and certification an escape vent panel must not be more of the unit. than 85 mm above the floor of the trap. (b) Permit Area 2. Lobsters may be (iii) Panels must be placed opposite taken only with lobster traps or by one another in each trap. hand. Lobsters may not be taken by (4) A vessel fishing for or in posses- means of poisons, drugs, other chemi- sion of lobster in any permit area may cals, spears, nets, hooks, or explosives. not have on board the vessel any trap [61 FR 34572, July 2, 1996, as amended at 62 that does not meet the requirements of FR 35450, July 1, 1997; 63 FR 20540, Apr. 27, paragraphs (a)(1), (2), and (3) of this 1998; 64 FR 36822, July 8, 1999] section. (5) A maximum of 1,200 traps per ves- § 660.49 At-sea observer coverage. sel may be maintained on board or in All fishing vessels subject to this the water, provided that no more than subpart and subpart B of this part must 1,100 assembled traps are maintained carry an observer when requested to do on board or in the water. If more than so by the Regional Director. 1,100 traps are maintained, the unas- sembled traps may be carried as spares § 660.50 Harvest limitation program. only, in order to replace assembled (a) General. Harvest guidelines for the traps that may be lost or become unus- Necker Island Lobster Grounds, Gard- able. ner Pinnacles Lobster Grounds, Maro (6) Traps shall not be left unattended Reef Lobster Grounds, and General in any permit area, except in the event NWHI Lobster Grounds for Permit of an emergency, in which case the ves- Area 1 will be set annually for the cal- sel operator must notify the NMFS endar year and shall: Law Enforcement Office of the emer- (1) Apply to the total catch of spiny gency that necessitated leaving the and slipper lobsters.
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(2) Be expressed in terms of numbers operational VMS unit, certified by of lobsters. NMFS, on board. (b) Harvest guideline. (1) The Regional (c) Monitoring and adjustment. The op- Administrator shall use information erator of each vessel fishing during the from daily lobster catch reports and open season shall report lobster catch lobster sales reports from previous (by species) and effort (number of trap years, and may use information from hauls) data while at sea to NMFS in research sampling and other sources to Honolulu. The Regional Director shall establish the annual harvest guideline notify permit holders of the reporting in accordance with the FMP after con- method, schedule, and logistics at least sultation with the Council. 30 days prior to the opening of the fish- (2) NMFS shall publish a document ing season. indicating the annual harvest guideline [61 FR 34572, July 2, 1996, as amended at 62 in the FEDERAL REGISTER by February FR 35450, July 1, 1997; 63 FR 20541, Apr. 27, 28 of each year and shall use other 1998; 64 FR 36822, July 8, 1999] means to notify permit holders of the harvest guideline for the year. § 660.51 Monk seal protective meas- (3) The Regional Administrator shall ures. determine, on the basis of the informa- (a) General. This section establishes a tion reported to NMFS by the operator procedure that will be followed if the of each vessel fishing, when the harvest Regional Director receives a report of a guideline for each lobster ground will monk seal death that appears to be re- be reached. lated to the lobster fishery in Permit (4) Notice of the date when the har- Area 1. vest guideline for a lobster ground is (b) Notification. Upon receipt of a re- expected to be reached and specifica- port of a monk seal death that appears tion of the closure date of the lobster to be related to the lobster fishery, the grounds will be provided to each permit Regional Director will notify all inter- holder and/or operator of each per- ested parties of the facts known about mitted vessel at least 24 hours in ad- the incident. The Regional Director vance of the closure. After a closure, will also notify them that an investiga- the harvest of lobster in that lobster tion is in progress, and that, if the in- ground is prohibited, and the posses- vestigation reveals a threat of harm to sion of lobster traps on board the ves- the monk seal population, protective sel in that lobster ground is prohibited measures may be implemented. unless allowed under § 660.48(a)(8). (c) Investigation. (1) The Regional Di- (5) With respect to the notification in rector will investigate the incident re- paragraph (b)(4) of this section, NMFS ported and will attempt to: shall provide each permit holder and (i) Verify that the incident occurred. operator of each permitted vessel with (ii) Determine the extent of the harm the following information, as appro- to the monk seal population. priate: (iii) Determine the probability of a (i) Determination of when the over- similar incident recurring. all harvest guideline for Crustaceans (iv) Determine details of the incident Permit Area 1 will be reached; such as: (ii) Closure date after which harvest (A) The number of animals involved. of lobster or possession of lobster traps (B) The cause of the mortality. on board the vessel in a lobster grounds (C) The age and sex of the dead ani- is prohibited; mal(s). (iii) Closure date after which the pos- (D) The relationship of the incident session of lobster traps on board the to the reproductive cycle, for example, vessel in Crustaceans Permit Area 1 is breeding season (March-September), prohibited by any permitted vessel non-breeding season (October- Feb- that is not operating a VMS unit cer- ruary). tified by NMFS; and (E) The population estimates or (iv) Specification of when further counts of animals at the island where landings of lobster will be prohibited the incident occurred. by permitted vessels not carrying an (F) Any other relevant information.
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(v) Discover and evaluate any extenu- recommendation, NMFS will publish ating circumstances. an action in the FEDERAL REGISTER (vi) Evaluate any other relevant fac- that includes a description of the inci- tors. dent that triggered the procedure de- (2) The Regional Director will make scribed in this section, the protective the results of the investigation avail- measures, and the reasons for the pro- able to the interested parties and re- tective measures. quest their advice and comments. (h) Notification of ‘‘no action.’’ If, at (d) Determination of relationship. The any point in the process described in Regional Director will review and this section, the Regional Director or evaluate the results of the investiga- Assistant Administrator decides that tion and any comments received from no further action is required, the inter- interested parties. If there is substan- ested parties will be notified of this de- tial evidence that the death of the cision. monk seal was related to the lobster (i) Effective dates. (1) The protective fishery, the Regional Director will: measures will take effect 10 days after (1) Advise the interested parties of the date of publication in the FEDERAL his or her conclusion and the facts REGISTER. upon which it is based. (2) The protective measures will re- (2) Request from the interested par- main in effect for the shortest of the ties their advice on the necessity of following time periods: protective measures and suggestions (i) Until the Crustaceans FMP and for appropriate protective measures. this section are amended to respond to (e) Determination of response. The Re- the problem; gional Director will consider all rel- evant information discovered during (ii) Until other action that will re- the investigation or submitted by in- spond to the problem is taken under terested parties in deciding on the ap- the ESA; propriate response. Protective meas- (iii) Until the Assistant Adminis- ures may include, but are not limited trator, following the procedures set to, changes in trap design, changes in forth in paragraph (j) of this section, gear, closures of specific areas, or clo- decides that the protective measures sures for specific periods of time. are no longer required and repeals the (f) Action by the Regional Director. If measures; or the Regional Director decides that pro- (iv) For the period of time set forth tective measures are necessary and ap- in the FEDERAL REGISTER notification, propriate, the Regional Director will not to exceed 3 months. The measures prepare a document that describes the may be renewed for 3 months after incident, the protective measures pro- again following procedures in para- posed, and the reasons for the protec- graphs (b) through (g) of this section. tive measures; provide it to the inter- (j) Repeal. (1) If the Assistant Admin- ested parties; and request their com- istrator decides that protective meas- ments. ures may no longer be necessary for (g) Implementation of protective meas- the protection of monk seals, the inter- ures. (1) If, after completing the steps ested parties will be notified of this described in paragraph (f) of this sec- preliminary decision and the facts tion, the Regional Director concludes upon which it is based. The Assistant that protective measures are necessary Administrator will request advice on and appropriate, the Regional Director the proposed repeal of the protective will recommend the protective meas- measures. ures to the Assistant Administrator (2) The Assistant Administrator will and provide notice of this recommenda- consider all relevant information ob- tion to the Chairman of the Council tained by the Regional Director or sub- and the Director of the Division of mitted by interested parties in decid- Aquatic Resources, Department of ing whether to repeal the protective Land and Natural Resources, State of measures. Hawaii. (3) If the Assistant Administrator de- (2) If the Assistant Administrator cides to repeal the protective meas- concurs with the Regional Director’s ures—
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(i) Interested parties will be notified § 660.53 Framework procedures. of the decision; and (a) Introduction. New management (ii) Notification of repeal and the measures may be added through rule- reasons for the repeal will be published making if new information dem- in the FEDERAL REGISTER. onstrates that there are biological, so- cial, or economic concerns in Permit § 660.52 Monk seal emergency protec- Areas 1, 2, or 3. The following frame- tive measures. work process authorizes the implemen- (a) Determination of emergency. If, at tation of measures that may affect the any time during the process described operation of the fisheries, gear, harvest in § 660.51, the Regional Director deter- guidelines, or changes in catch and/or mines that an emergency exists involv- effort. ing monk seal mortality related to the (b) Annual report. By June 30 of each lobster fishery and that measures are year, the Council-appointed Crusta- needed immediately to protect the ceans Plan Team will prepare an an- monk seal population, the Regional Di- nual report on the fisheries in the man- rector will— agement area. The report shall con- (1) Notify the interested parties of tain, among other things, recommenda- this determination and request their tions for Council action and an assess- immediate advice and comments. ment of the urgency and effects of such (2) Forward a recommendation for action(s). emergency action and any advice and (c) Procedure for established measures. comments received from interested (1) Established measures are manage- parties to the Assistant Administrator. ment measures that, at some time, (b) Implementation of emergency meas- have been included in regulations im- ures. If the Assistant Administrator plementing the FMP, and for which the agrees with the recommendation for impacts have been evaluated in Coun- emergency action— cil/NMFS documents in the context of current conditions. (1) The Regional Director will deter- (2) Following the framework proce- mine the appropriate emergency pro- dures of Amendment 9 to the FMP, the tective measures. Council may recommend to the Re- (2) NMFS will publish the emergency gional Director that established meas- protective measures in the FEDERAL ures be modified, removed, or re-insti- REGISTER. tuted. Such recommendation shall in- (3) The Regional Director will notify clude supporting rationale and anal- the interested parties of the emergency ysis, and shall be made after advance protective measures. Holders of per- public notice, public discussion, and mits to fish in Permit Area I will be consideration of public comment. notified by certified mail. Permit hold- NMFS may implement the Council’s ers that the Regional Director knows recommendation by rulemaking if ap- are on the fishing grounds also will be proved by the Regional Director. notified by radio. (d) Procedure for New Measures. (1) (c) Effective dates. (1) Emergency pro- New measures are management meas- tective measures are effective against ures that have not been included in a permit holder at 12:01 a.m., local regulations implementing the FMP, or time, of the day following the day the for which the impacts have not been permit holder receives actual notice of evaluated in Council/NMFS documents the measures. in the context of current conditions. (2) Emergency protective measures (2) Following the framework proce- are effective for 10 days from the day dures of Amendment 9 to the FMP, the following the day the first permit hold- Council will publicize, including by a er is notified of the protective meas- FEDERAL REGISTER document, and so- ures. licit public comment on, any proposed (3) Emergency protective measures new management measure. After a may be extended for an additional 10 Council meeting at which the measure days, if necessary, to allow the comple- is discussed, the Council will consider tion of the procedures set out in recommendations and prepare a FED- § 660.51. ERAL REGISTER document summarizing
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the Council’s deliberations, rationale, tion sheet provided by the PIAO, which and analysis for the preferred action, must be signed by the vessel owner or and the time and place for any subse- a designee and include the following in- quent Council meeting(s) to consider formation: the new measure. At subsequent public (i) The qualification criterion that meeting(s), the Council will consider the applicant believes he or she meets public comments and other informa- for issuance of a limited access permit; tion received to make a recommenda- (ii) A copy of landings receipts or tion to the Regional Director about other documentation, with a certifi- any new measure. NMFS may imple- cation from a state or Federal agency ment the Council’s recommendation by that this information is accurate, to rulemaking if approved by the Re- demonstrate participation in the NWHI gional Director. bottomfish fishery; and (iii) If the application is filed by a § 660.54 Five-year review. partnership or corporation, the names The Council, in cooperation with of each of the individual partners or NMFS, will conduct a review of the ef- shareholders and their respective per- fectiveness and impacts of the NWHI centages of ownership of the partner- management program, including bio- ship or corporation. logical, economic, and social aspects of (3) Mau Zone limited access permit. The the fishery, by July 1, 2001. PIAO will not accept applications for a new Mau Zone permit after June 14, Subpart E—Bottomfish and 1999. In addition to an application Seamount Groundfish Fisheries under § 660.13(c), each applicant for a Mau Zone permit must also submit a § 660.61 Permits. supplementary information sheet pro- (a) Applicability. (1) The owner of any vided by the PIAO, which must be vessel used to fish for bottomfish man- signed by the vessel owner or a des- agement unit species in the North- ignee and include the following infor- western Hawaiian Islands Subarea mation: must have a permit issued under this (i) The qualification criterion that section and the permit must be reg- the applicant believes he or she meets istered for use with the vessel. for issuance of a limited access permit; (2) The PIAO will not register a sin- (ii) Copy of State of Hawaii catch re- gle vessel for use with a Ho’omalu Zone port(s) to demonstrate that the per- permit and a Mau Zone permit at the mitted vessel had made qualifying same time. landings of bottomfish from the Mau (3) Mau Zone permits issued before Zone; and June 14, 1999 become invalid June 14, (iii) If the application is filed by a 1999, except that a permit issued to a partnership or corporation, the names person who submitted a timely applica- of each of the individual partners or tion under paragraph (i) of this section shareholders and their respective per- is valid until the permit holder either centage of ownership of the partnership receives a Mau Zone limited entry per- or corporation. mit or until final agency action is (c) Sale or transfer of Ho’omalu limited taken on the permit holder’s applica- access permits to new vessel owners. (1) A tion. The Ho’omalu Zone and the Mau Ho’omalu zone permit may not be sold Zone limited entry systems described or otherwise transferred to a new in this section are subject to abolition, owner. modification, or additional effort limi- (2) A Ho’omalu zone permit or per- tation programs. mits may be held by a partnership or (b) Submission. (1) An application for corporation. If 50 percent or more of a permit required under this section the ownership of the vessel passes to must be submitted to the PIAO as de- persons other than those listed in the scribed in § 660.13. (2) Ho’omalu Zone lim- original application, the permit will ited access permit. In addition to an ap- lapse and must be surrendered to the plication under § 660.13(c), each appli- Regional Administrator. cant for a Ho’omalu Zone permit must (d) Transfer of Ho’omalu Zone limited also submit a supplementary informa- access permits to replacement vessels. (1)
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Upon application by the owner of a per- A waiver may not be granted if the mitted vessel, the Regional Adminis- failure to make three landings was due trator will transfer that owner’s per- to general economic conditions or mar- mit to a replacement vessel owned by ket conditions, such that the vessel op- that owner, provided that the replace- erations would not be profitable. ment vessel does not exceed 60 ft (18.3 (f) Issuance of new Ho’omalu Zone lim- m) in length. The replacement vessel ited access permits. The Regional Ad- must be put into service no later than ministrator may issue new Ho’omalu 12 months after the owner applies for Zone limited access permits under the transfer, or the transfer shall be § 660.13 if the Regional Administrator void. determines, in consultation with the (2) An owner of a permitted vessel Council, that bottomfish stocks in the may apply to the Regional Adminis- Ho’omalu Zone are able to support ad- trator for transfer of that owner’s per- ditional fishing effort. mit to a replacement vessel greater (g) Eligibility for new Ho’omalu Zone than 60 ft (18.3 m) in length. The Re- limited access permits. When the Re- gional Administrator may transfer the gional Administrator has determined permit upon determining, after con- that new permits may be issued, they sultation with the Council and consid- shall be issued to applicants based ering the objectives of the limited ac- upon eligibility, determined as follows: cess program, that the replacement (1) Point system. (i) Two points will be vessel has catching power that is com- assigned for each year in which the ap- parable to the rest of the vessels hold- plicant was owner or captain of a ves- ing permits for the fishery, or has sel that made three or more of any of catching power that does not exceed the following types of landings in the that of the original vessel, and that the NWHI: transfer is not inconsistent with the (A) Any amount of bottomfish man- objectives of the program. The Re- agement unit species, regardless of gional Administrator shall consider weight, if made on or before August 7, vessel length, range, hold capacity, 1985; gear limitations, and other appropriate factors in making determinations of (B) At least 2,500 lb (1,134 kg) of catching power equivalency and com- bottomfish management unit species, parability of the catching power of ves- if made after August 7, 1985; or sels in the fishery. (C) At least 2,500 lb (1,134 kg) of any (e) Ho’omalu Zone limited access permit fish lawfully harvested from the NWHI, renewal. (1) A qualifying landing for of which at least 50 percent by weight Ho’omalu Zone permit renewal is a was bottomfish, if made after August 7, landing of at least 2,500 lb (1,134 kg) of 1985. bottomfish management unit species (ii) One point will be assigned for from the Ho’omalu Zone or a landing of each year in which the applicant was at least 2,500 lb (1,134 kg) of fish from owner or captain of a vessel that land- the Ho’omalu Zone, of which at least 50 ed at least 6,000 lb (2,722 kg) of percent by weight was bottomfish man- bottomfish from the main Hawaiian Is- agement unit species. A permit is eligi- lands. ble for renewal for the next calendar (iii) For any one year, points will be year if the vessel covered by the permit assigned under either paragraph made three or more qualifying landings (g)(1)(i) or (g)(1)(ii) of this section, but during the current calendar year. not under both paragraphs. (2) The owner of a permitted vessel (iv) Before the Regional Adminis- that did not make three or more quali- trator issues an Ho’omalu zone permit fying landings of bottomfish in a year to fish for bottomfish under this sec- may apply to the Regional Adminis- tion, the primary operator and relief trator for waiver of the landing re- operator named on the application quirement. If the Regional Adminis- form must have completed a protected trator finds that failure to make three species workshop conducted by NMFS. landings was due to circumstances be- (2) Restrictions. An applicant must yond the owner’s control, the Regional own at least a 25–percent share in the Administrator may renew the permit. vessel that the permit would cover, and
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only one permit will be assigned to any ator and relief operator named on the vessel. application form must have completed (3) Order of issuance. New permits a protected species workshop con- shall be awarded to applicants in de- ducted by NMFS. scending order, starting with the appli- (2) For purposes of this paragraph cant with the largest number of points. § 660.61(h), a ‘‘qualifying landing’’ If two or more persons have an equal means any amount of bottomfish man- number of points, and there are insuffi- agement unit species lawfully har- cient new permits for all such appli- vested from the Mau Zone and cants, the new permits shall be award- offloaded for sale. No points shall be ed by the Regional Administrator assigned to an owner for any qualifying through a lottery. landings reported to the State of Ha- (4) Notification. The Regional Admin- waii more than 1 year after the land- istrator shall place a notice in the Fed- ing. eral Register and shall use other means (3) More than one Mau Zone permit to notify prospective applicants of the may be issued to an owner of two or opportunity to file applications for new more vessels, provided each of the own- permits under this program. er’s vessels for which a permit will be (h) Eligibility for new Mau Zone limited registered for use has made the re- access permits. (1) The PIAO will issue quired qualifying landings for the an initial Mau Zone permit to a vessel owner to be assigned at least three eli- owner who qualifies for at least three gibility points. points under the following point sys- (4) A Mau Zone permit holder who tem: does not own a vessel at the time ini- (i) An owner who held a Mau Zone permit on or before December 17, 1991, tial permits are issued must register and whose permitted vessel made at the permit for use with a vessel owned least one qualifying landing of by the permit holder within 12 months bottomfish management unit species from the date the permit was issued. In on or before December 17, 1991, shall be the interim, the permit holder may assigned 1.5 points. register the permit for use with a (ii) An owner whose permitted vessel leased or chartered vessel. If within 12 made at least one qualifying landing of months of initial permit issuance, the bottomfish management unit species permit holder fails to apply to the during 1991, shall be assigned 0.5 point. PIAO to register the permit for use (iii) An owner whose permitted vessel with a vessel owned by the permit made at least one qualifying landing of holder, then the permit expires. bottomfish management unit species (5) For each of paragraphs (h)(1)(i) during 1992, shall be assigned 1.0 point. through (h)(1)(viii) of this section, the (iv) An owner whose permitted vessel PIAO shall assign points based on the made at least one qualifying landing of landings of one permitted vessel to bottomfish management unit species only one owner if the vessel did not during 1993, shall be assigned 1.5 points. have multiple owners during the time (v) An owner whose permitted vessel frame covered by the subordinate para- made at least one qualifying landing of graphs. If a vessel had multiple owners bottomfish management unit species during a time frame covered by any of during 1994, shall be assigned 2.0 points. paragraphs (h)(1)(i) through (h)(1)(viii) (vi) An owner whose permitted vessel of this section (including joint owners, made at least one qualifying landing of partners, or shareholders of a corporate bottomfish management unit species owner), the PIAO will assign the points during 1995, shall be assigned 2.5 points. for that subordinate paragraph to a (vii) An owner whose permitted ves- single owner if only one owner submits sel made at least one qualifying land- an application with respect to the land- ing of bottomfish management unit ings of that vessel during that time species during 1996, shall be assigned frame. If multiple owners submit sepa- 3.0 points. rate applications with respect to the (viii) Before the PIAO issues a Mau same landings of the same vessel dur- Zone permit to fish for bottomfish ing the same time frame, then the under this section, the primary oper- PIAO shall:
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(i) Adhere to any written agreement with a vessel owned by the permit between the applicants with respect to holder, then the permit expires. who among them shall be assigned the (j) Mau Zone limited access permit re- aggregate point(s) generated by land- newal. (1) A Mau Zone permit will be ings during such time frame(s), or eligible for renewal if the vessel for (ii) If there is no agreement: which the permit is registered for use (A) Shall issue the applicants a joint made at least five separate fishing permit provided the vessel’s landings trips with landings of at least 500 lb during such time frames generated at (227 kg) of bottomfish management least three points, or unit species per trip during the cal- (B) In the event the vessel’s landings ender year. Only one landing of during such time frame(s) generated bottomfish management unit species less than three points, shall not assign per fishing trip to the Mau Zone will be any points generated by the vessel’s counted toward the landing require- landings during such time frame(s). ment. (2) If the vessel for which the permit (i) Ownership requirements and reg- is registered for use fails to meet the istration of Mau Zone limited access per- landing requirement of paragraph (j)(1) mits for use with other vessels. (1) A Mau of this section, the owner may apply to Zone permit may be held by an indi- the Regional Administrator for a waiv- vidual, partnership, or corporation. No er of the landing requirement. Grounds more than 49 percent of the underlying for a waiver are limited to captain in- ownership interest in a Mau Zone per- capacitation, vessel breakdowns, and mit may be sold, leased, chartered, or the loss of the vessel at sea if the event otherwise transferred to another per- prevented the vessel from meeting the son or entity. If more than 49 percent landing requirement. Unprofitability is of the underlying ownership of the per- not sufficient for waiver of the landing mit passes to persons or entities other requirement. than those listed in the original permit (3) Failure of the permit holder to application supplemental information register a vessel for use under the per- sheet, then the permit expires and mit does not exempt a permit holder must be surrendered to the PIAO. from the requirements specified in this (2) A Mau Zone permit holder may paragraph. apply under § 660.13 to the PIAO to reg- (k) Appeals of permit actions. (1) Ex- ister the permit for use with another cept as provided in subpart D of 15 CFR vessel if that vessel is owned by the part 904, any applicant for a permit or permit holder, and is no longer than 60 a permit holder may appeal the grant- ft (18.3 m). ing, denial, or revocation of his or her (3) If a Mau Zone permit holder sells permit to the Regional Administrator. the vessel, for which the permit is reg- (2) In order to be considered by the istered for use, the permit holder must Regional Administrator, such appeal within 12 months of the date of sale must be in writing, must state the ac- apply to the PIAO to register the per- tion appealed, and the reasons there- mit for use with a vessel owned by the fore, and must be submitted within 30 permit holder. If the permit holder has days of the appealed action. The appel- not applied to register a replacement lant may request an informal hearing vessel within 12 months, then the per- on the appeal. mit expires. (3) The Regional Administrator, in (4) If a permitted vessel owned by the consultation with the Council, will de- permit holder is sold or becomes cide the appeal in accordance with the unseaworthy, the Mau Zone permit FMP and implementing regulations with which the vessel was registered and based upon information relative to may be registered for use with a leased the application on file at NMFS and or chartered vessel for a period not to the Council, the summary record kept exceed 12 months from the date of reg- of any hearing, the hearing officer’s istration of the leased or chartered ves- recommended decision, if any, and any sel. If by the end of that 12-month pe- other relevant information. riod the permit holder fails to apply to (4) If a hearing is requested, or if the the PIAO to register the permit for use Regional Administrator determines
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that one is appropriate, the Regional § 660.63 Notification. Administrator may grant an informal (a) The owner or operator of a fishing hearing before a hearing officer des- vessel subject to this subpart must in- ignated for that purpose. The applicant form the Pacific Area Office at least 72 or permit holder may appear person- hours (not including weekends and ally or be represented by counsel at the holidays) before leaving port, of his or hearing and submit information and her intent to fish within the protected present arguments as determined ap- species study zones defined in § 660.12. propriate by the hearing officer. Within The notice must include the name of 30 days of the last day of the hearing, the vessel, name of the operator, in- the hearing officer shall recommend in tended departure and return date, and writing a decision to the Regional Ad- a telephone number at which the owner ministrator. or operator may be contacted during (5) The Regional Administrator may the business day (8 a.m. to 5 p.m.) to adopt the hearing officer’s rec- indicate whether an observer will be re- ommended decision, in whole or in quired on the subject fishing trip. part, or may reject or modify it. The (b) The operator of a fishing vessel Regional Administrator’s decision on that has taken bottomfish in the the application is the final administra- Ho’omalu Zone must contact the tive decision of the Department of USCG, by radio or otherwise, at the Commerce, and is effective on the date 14th District, Honolulu, HI; Pacific the Administrator signs the decision. Area, San Francisco, CA; or 17th Dis- trict, Juneau, AK, at least 24 hours be- [64 FR 22812, Apr. 28, 1999] fore landing, and report the port and the approximate date and time at § 660.62 Prohibitions. which the bottomfish will be landed. In addition to the general prohibi- tions specified in § 600.725 of this chap- § 660.64 Gear restrictions. ter and § 660.15, it is unlawful for any (a) Bottom trawls and bottom set person to do any of the following: gillnets. Fishing for bottomfish and sea- (a) Fish for bottomfish or seamount mount groundfish with bottom trawls groundfish using gear prohibited under and bottom set gillnets is prohibited. § 660.64. (b) Possession of gear. Possession of a (b) Fish for, or retain on board a ves- bottom trawl and bottom set gillnet by any vessel having a permit under sel, bottomfish management unit spe- § 660.61 or otherwise established to be cies in the Ho’omalu Zone or Mau Zone fishing for bottomfish or seamount without the appropriate permit, reg- groundfish in the management sub- istered for use with that vessel, issued areas is prohibited. under § 660.13. (c) Poisons and explosives. The posses- (c) Serve as primary operator or re- sion or use of any poisons, explosives, lief operator on a vessel with a Mau or or intoxicating substances for the pur- Ho’omalu Zone permit without com- pose of harvesting bottomfish and sea- pleting a protected species workshop mount groundfish is prohibited. conducted by NMFS, as required by § 660.61. § 660.65 At-sea observer coverage. (d) Fail to notify the USCG at least (a) All fishing vessels subject to this 24 hours prior to making any landing of subpart must carry an observer when bottomfish taken in the Ho’omalu directed to do so by the Regional Di- Zone, as required by § 660.63. rector. (e) Fish within any protected species (b) The Pacific Area Office will ad- study zone in the NWHI without noti- vise the vessel owner or operator of fying the Regional Director of the in- any observer requirement within 72 tent to fish in these zones, as required hours (not including weekends or holi- under § 660.63. days) of receipt of the notice. If an ob- server is required, the owner or oper- [61 FR 34572, July 2, 1996, as amended at 64 ator will be informed of the terms and FR 22814, Apr. 28, 1999] conditions of observer coverage, and
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the time and place of embarkation of (4) Enforcement activities and prob- the observer. lems. (c) All observers must be provided (5) Administrative actions (e.g., data with sleeping, toilet, and eating ac- collection and reporting, permits). commodations at least equal to that (6) State and territorial management provided to a full crew member. A mat- actions. tress of futon on the floor or a cot is (7) Assessment of need for Council ac- not acceptable in place of a regular tion (including biological, economic, bunk. Meal and other gallery privileges social, enforcement, administrative, must be the same for the observer as and state/Federal needs, problems, and for other crew members. trends). Indications of potential prob- (d) Female observers on a vessel with lems warranting further investigation an all-male crew must be accommo- may be signaled by the following indi- dated either in a single-person cabin cator criteria: or, if reasonable privacy can be ensured (i) Mean size of the catch of any spe- by installing a curtain or other tem- cies in any area is a pre-reproductive porary divider, in a two-person cabin size. shared with a licensed officer of the vessel. If the cabin assigned to a female (ii) Ratio of fishing mortality to nat- observer does not have its own toilet ural mortality for any species. and shower facilities that can be pro- (iii) Harvest capacity of the existing vided for the exclusive use of the ob- fleet and/or annual landings exceed server, then a schedule for time-shar- best estimate of MSY in any area. ing of common facilities must be estab- (iv) Significant decline (50 percent or lished and approved by the Regional more) in bottomfish catch per unit of Director prior to the vessel’s departure effort from baseline levels. from port. (v) Substantial decline in ex-vessel revenue relative to baseline levels. § 660.66 Protected species conserva- (vi) Significant shift in the relative tion. proportions of gear in any one area. The Regional Director may change (vii) Significant change in the frozen/ the size of the protected species study fresh components of the bottomfish zones defined in § 660.12 of this subpart: catch. (a) If the Regional Director deter- (viii) Entry/exit of fishermen in any mines that a change in the size of the area. study zones would not result in fishing (ix) Per-trip costs for bottomfishing for bottomfish in the NWHI that would exceed per-trip revenues for a signifi- adversely affect any species listed as cant percentage of trips. threatened or endangered under the (x) Significant decline or increase in ESA. total bottomfish landings in any area. (b) After consulting with the Council. (xi) Change in species composition of (c) Through notification in the FED- the bottomfish catch in any area. ERAL REGISTER published at least 30 days prior to the effective date or (xii) Research results. through actual notice to the permit (xiii) Habitat degradation or environ- holders. mental problems. (xiv) Reported interactions between § 660.67 Framework for regulatory ad- bottomfishing operations and protected justments. species in the NWHI. (a) Annual reports. By June 30 of each (8) Recommendations for Council ac- year, a Council-appointed bottomfish tion. monitoring team will prepare an an- (9) Estimated impacts of rec- nual report on the fishery by area cov- ommended action. ering the following topics: (b) Recommendation of management ac- (1) Fishery performance data. tion. (1) The team may present manage- (2) Summary of recent research and ment recommendations to the Council survey results. at any time. Recommendations may (3) Habitat conditions and recent al- cover actions suggested for Federal terations. regulations, state/territorial action,
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enforcement or administrative ele- this paragraph (d) only for the NWHI, ments, and research and data collec- American Samoa, and Guam. tion. Recommendations will include an (2) If access limitation is proposed for assessment of urgency and the effects adoption or subsequent modification of not taking action. through the process described in this (2) The Council will evaluate the paragraph (d), the following require- team’s reports and recommendations, ments must be met: and the indicators of concern. The (i) The Bottomfish Monitoring Team Council will assess the need for one or must consider and report to the Coun- more of the following types of manage- cil on present participation in the fish- ment action: Catch limits, size limits, ery; historical fishing practices in, and closures, effort limitations, access lim- dependence on, the fishery; economics itations, or other measures. of the fishery; capability of fishing ves- (3) The Council may recommend sels used in the fishery to engage in management action by either the state/ other fisheries; cultural and social territorial governments or by Federal framework relevant to the fishery; and regulation. any other relevant considerations. (c) Federal management action. (1) If (ii) Public hearings must be held spe- the Council believes that management cifically addressing the limited access action should be considered, it will proposals. make specific recommendations to the (iii) A specific advisory subpanel of Regional Director after requesting and persons experienced in the fishing in- considering the views of its Scientific dustry will be created to advise the and Statistical Committee and Council and the Regional Director on Bottomfish Advisory Panel and obtain- administrative decisions. ing public comments at a public hear- (iv) The Council’s recommendation ing. to the Regional Director must be ap- (2) The Regional Director will con- proved by a two-thirds majority of the sider the Council’s recommendation voting members. and accompanying data, and, if he or she concurs with the Council’s rec- (e) Five-year review. The Council will ommendation, will propose regulations conduct a comprehensive review on the to carry out the action. If the Regional effectiveness of the Mau Zone limited Director rejects the Council’s proposed access program 5 years following im- action, a written explanation for the plementation of the program. The denial will be provided to the Council Council will consider the extent to within 2 weeks of the decision. which the FMP objectives have been (3) The Council may appeal denial by met and verify that the target number writing to the Assistant Adminis- of vessels established for the fishery is trator, who must respond in writing appropriate for current fishing activity within 30 days. levels, catch rates, and biological con- (4) The Regional Director and the As- dition of the stocks. The Council may sistant Administrator will make their establish a new target number based on decisions in accord with the Magnuson the 5-year review. Act, other applicable law, and the [61 FR 34572, July 2, 1996, as amended at 64 Bottomfish FMP. FR 22814, Apr. 28, 1999] (5) To minimize conflicts between the Federal and state management sys- § 660.68 Fishing moratorium on Han- tems, the Council will use the proce- cock Seamount. dures in paragraph (b) of this section to Fishing for bottomfish and seamount respond to state/territorial manage- groundfish on the Hancock Seamount ment actions. Council consideration of is prohibited through August 31, 2004. action would normally begin with a representative of the state or terri- [63 FR 35163, June 29, 1998] torial government bringing a potential or actual management conflict or need § 660.69 Management subareas. to the Council’s attention. (a) The bottomfish fishery manage- (d) Access limitation procedures. (1) Ac- ment area is divided into five subareas cess limitation may be adopted under for the regulation of bottomfish and
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seamount groundfish fishing with the (b) Each permit will be valid for fish- following designations and boundaries: ing only in the permit area specified on (1) Main Hawaiian Islands means the the permit. Precious Coral Permit EEZ of the Hawaiian Islands Archi- Areas are defined in § 660.12. pelago lying to the east of 161°20′ W. (c) No more than one permit will be long. valid for any one vessel at any one (2) Northwestern Hawaiian Islands time. (NWHI) means the EEZ of the Hawaiian (d) No more than one permit will be Islands Archipelago lying to the west valid for any one person at any one of 161°20′ W. long. However, for the pur- time. poses of regulations issued under this (e) The holder of a valid permit to subpart, Midway Island is treated as fish one permit area may obtain a per- part of the Northwestern Hawaiian Is- mit to fish another permit area only lands Subarea. upon surrendering to the Regional Di- (i) Ho’omalu Zone means that por- rector any current permit for the pre- tion of the EEZ around the NWHI west cious corals fishery issued under of 165° W. long. § 660.13. (ii) Mau Zone means that portion of (f) General requirements governing the EEZ around the NWHI between application information, issuance, fees, 161°20′ W. long. and 165° W. long. expiration, replacement, transfer, al- (3) Hancock Seamount means that teration, display, sanctions, and ap- portion of the EEZ in the Northwestern peals for permits for the precious cor- Hawaiian Islands west of 180°00′ W. als fishery are contained in § 660.13. long. and north of 28°00′ N. lat. § 660.82 Prohibitions. (4) Guam means the EEZ seaward of the Territory of Guam. In addition to the general prohibi- (5) American Samoa means the EEZ tions specified in § 600.725 of this chap- seaward of the Territory of American ter and in § 660.15, it is unlawful for any Samoa. person to: (b) The inner boundary of the fishery (a) Use any vessel to fish for, take, management area is a line coterminous retain, possess or land precious coral in with the seaward boundaries of the any precious coral permit area, unless State of Hawaii, the Territory of Amer- a permit has been issued for that vessel ican Samoa, and the Territory of Guam and area as specified in § 660.13 and that (the ‘‘3 mile-limit’’). permit is on board the vessel. (c) The outer boundary of the fishery (b) Fish for, take, or retain any spe- management area is a line drawn in cies of precious coral in any precious such a manner that each point on it is coral permit area: 200 nautical miles from the baseline (1) By means of gear or methods pro- from which the territorial sea is meas- hibited by § 660.88. ured, or is coterminous with adjacent (2) In refugia specified in § 660.12. international maritime boundaries. (3) In a bed for which the quota speci- The outer boundary of the fishery man- fied in § 660.84 has been attained. agement area north of Guam will ex- (4) In violation of any permit issued tend to those points which are equi- under § 660.13 or § 660.17. distant between Guam and the island (c) Take and retain, possess, or land of Rota in the Commonwealth of the any pink coral from the Makapuu Bed Northern Mariana Islands. (Permit Area E–B–1), Keahole Point Bed (Permit Area C–B–1), or Kaena Point Bed (Permit Area C–B–2) that is Subpart F—Precious Corals less than the minimum height specified Fisheries in § 660.86, unless: (1) A valid EFP was issued under § 660.81 Permits. § 660.17 for the vessel and the vessel was (a) Any vessel of the United States operating under the terms of the per- fishing for, taking, or retaining pre- mit; or cious coral in any precious coral per- (2) The coral originated outside coral mit area must have a permit issued beds listed in this paragraph, and this under § 660.13. can be demonstrated through receipts
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of purchase, invoices, or other docu- the 2-year fishing period at Makapuu mentation. Bed, NMFS will issue a field order clos- ing the bed involved by publication of § 660.83 Seasons. an action in the FEDERAL REGISTER, The fishing year for precious coral and through appropriate news media. begins on July 1 and ends on June 30 Any such field order must indicate the the following year, except at the reason for the closure, the bed being Makapuu Bed, which has a 2-year fish- closed, and the effective date of the ing period that begins July 1 and ends closure. June 30, 2 years later. (b) A closure is also effective for a permit holder upon the permit holder’s § 660.84 Quotas. actual harvest of the applicable quota. (a) General. The quotas limiting the amount of precious coral that may be § 660.86 Size restrictions. taken in any precious coral permit Pink coral harvested from the area during the fishing year are listed Makapuu bed (E–B–1), the Keahole in Table 1 of this part. Only live coral Point Bed (C–B–1), and the Kaena Point is counted toward the quota. The ac- Bed (C–B–2), must have attained a min- counting period for all quotas begins imum height of 10 inches (25.4 cm). July 1, 1983. There are no size limits for precious (b) Conditional bed closure. A condi- coral from other beds or other species. tional bed will be closed to all non- selective coral harvesting after the § 660.87 Area restrictions. quota for one species of coral has been Fishing for coral on the WestPac Bed taken. is not allowed. The specific area closed (c) Reserves and reserve release. The to fishing is all waters within a 2-nm quotas for exploratory areas will be radius of the midpoint of 23°18.0′ N. lat., held in reserve for harvest by vessels of 162°35.0′ W. long. the United States in the following manner: § 660.88 Gear restrictions. (1) At the start of the fishing year, (a) Selective gear. Only selective gear the reserve for each of the three explor- may be used to harvest coral from the atory areas will equal the quota minus EEZ of the main Hawaiian Islands. the estimated domestic annual harvest (b) Selective or non-selective gear. Ei- for that year. ther selective or non-selective gear (2) As soon as practicable after De- may be used to harvest coral from cember 31 each year, the Regional Di- Brooks Bank, 180 Fathom Bank, and rector will determine the amount har- exploratory areas other than the EEZ vested by vessels of the United States off the main Hawaiian Islands. between July 1 and December 31 of that year. § 660.89 Framework procedures. (3) NMFS will release to TALFF an (a) Introduction. Established manage- amount of precious coral for each ex- ment measures may be revised and new ploratory area equal to the quota management measures may be estab- minus two times the amount harvested lished and/or revised through rule- by vessels of the United States in that making if new information dem- July 1 through December 31 period. onstrates that there are biological, so- (4) NMFS will publish in the FEDERAL cial, or economic concerns in a pre- REGISTER a notification of the Re- cious coral permit area. The following gional Director’s determination and a framework process authorizes the im- summary of the information on which plementation of measures that may af- it is based as soon as practicable after fect the operation of the fisheries, gear, the determination is made. quotas, season, or levels of catch and/or in effort. § 660.85 Closures. (b) Annual report. By June 30 of each (a) If the Regional Director deter- year, the Council-appointed Precious mines that the harvest quota for any Coral Team will prepare an annual re- coral bed will be reached prior to the port on the fisheries in the manage- end of the fishing year, or the end of ment area. The report will contain,
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among other things, recommendations Subpart G—West Coast for Council action and an assessment of Groundfish Fisheries the urgency and effects of such ac- tion(s). 660.301 Purpose and scope. (c) Procedure for established measures. This subpart implements the Pacific (1) Established measures are manage- Coast Groundfish Fishery Management ment measures that, at some time, Plan (PCGFMP) developed by the Pa- have been included in regulations im- cific Fishery Management Council. plementing the FMP, and for which the These regulations govern groundfish impacts have been evaluated in Coun- fishing vessels of the United States in cil/NMFS documents in the context of the EEZ off the coasts of Washington, current conditions. Oregon, and California. All weights are (2) According to the framework pro- in round weight or round-weight cedures of Amendment 3 to the FMP, equivalents, unless specified otherwise. the Council may recommend to the Re- § 660.302 Definitions. gional Administrator that established measures be modified, removed, or re- At-sea processing means processing that takes place on a vessel or other instituted. Such recommendation will platform that floats and is capable of include supporting rationale and anal- being moved from one location to an- ysis and will be made after advance other, whether shoreside or on the public notice, public discussion, and water. consideration of public comment. Closure, when referring to closure of a NMFS may implement the Council’s fishery, means that taking and retain- recommendation by rulemaking if ap- ing, possessing, or landing the par- proved by the Regional Administrator. ticular species or species group is pro- (d) Procedure for new measures. (1) hibited. New measures are management meas- Commercial fishing means: ures that have not been included in (1) Fishing by a person who possesses regulations implementing the FMP, or a commercial fishing license or is re- for which the impacts have not been quired by law to possess such license evaluated in Council/NMFS documents issued by one of the states or the Fed- in the context of current conditions. eral Government as a prerequisite to taking, landing and/or sale; or (2) Following the framework proce- (2) Fishing that results in or can be dures of Amendment 3 to the FMP, the reasonably expected to result in sale, Council will publicize, including by a barter, trade or other disposition of FEDERAL REGISTER document, and so- fish for other than personal consump- licit public comment on, any proposed tion. new management measure. After a Commercial harvest guideline or com- Council meeting at which the measure mercial quota means the harvest guide- is discussed, the Council will consider line or quota after subtracting any al- recommendations and prepare a FED- location for the Pacific Coast treaty ERAL REGISTER document summarizing Indian tribes, for recreational fisheries, the Council’s deliberations, rationale, and for compensation fishing under and analysis for the preferred action § 660.350. Limited entry and open access and the time and place for any subse- allocations are based on the commer- quent Council meeting(s) to consider cial harvest guideline or quota. the new measure. At a subsequent pub- Council means the Pacific Fishery lic meeting, the Council will consider Management Council, including its public comments and other informa- Groundfish Management Team, Sci- tion received before making a rec- entific and Statistical Committee ommendation to the Regional Adminis- (SSC), Groundfish Advisory Subpanel trator about any new measure. If ap- (GAP), and any other committee estab- proved by the Regional Administrator, lished by the Council. NMFS may implement the Council’s Exempted gear means all types of fish- ing gear except longline, trap (or pot), recommendation by rulemaking. and groundfish trawl gear. Exempted [63 FR 55810, Oct. 19, 1998] gear includes trawl gear used to take
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pink shrimp, spot and ridgeback (12) Mesh size. The opening between prawns, California halibut south of Pt. opposing knots. Minimum mesh size Arena, CA, and sea cucumber south of means the smallest distance allowed Pt. Arena, under the authority of a between the inside of one knot to the State of California limited entry per- inside of the opposing knot, regardless mit for the sea cucumber fishery. of twine size. Fishery management area means the (13) Nontrawl gear. All legal commer- EEZ off the coasts of Washington, Or- cial groundfish gear other than trawl egon, and California between 3 and 200 gear. nm offshore, and bounded on the north (14) Pelagic (midwater or off-bottom) by the Provisional International trawl. A trawl in which the otter boards Boundary between the United States may be in contact with the seabed but and Canada, and bounded on the south the footrope of the net remains above by the International Boundary between the seabed. It includes pair trawls if the United States and Mexico. fished in midwater. A pelagic trawl has Fishing gear includes the following no rollers or bobbins on the net. types of gear and equipment used in (15) Pot. A trap. the groundfish fishery: (16) Roller trawl (bobbin trawl). A trawl with footropes equipped with (1) Bobbin trawl. The same as a roller rollers or bobbins made of wood, steel, trawl, a type of bottom trawl. rubber, plastic, or other hard material (2) Bottom trawl. A trawl in which the that keep the footrope above the sea- otter boards or the footrope of the net bed, thereby protecting the net. A roll- are in contact with the seabed. It in- er trawl is a type of bottom trawl. cludes roller (or bobbin) trawls, Danish (17) Set net. A stationary, buoyed, and and Scottish seine gear, and pair anchored gillnet or trammel net. trawls fished on the bottom. Any trawl (18) Single-walled codend. A codend not meeting the requirements for a pe- constructed of a single wall of webbing lagic trawl in § 660.322 is a bottom knitted with single or double-bar mesh. trawl. (19) Spear. A sharp, pointed, or barbed (3) Chafing gear. Webbing or other instrument on a shaft. material attached to the codend of a (20) Trammel net. A gillnet made with trawl net to protect the codend from two or more walls joined to a common wear. float line. (4) Codend. (See § 600.10). (21) Trap (or pot). A portable, enclosed (5) Commercial vertical hook-and-line. device with one or more gates or en- Commercial fishing with hook-and-line trances and one or more lines attached gear that involves a single line an- to surface floats. chored at the bottom and buoyed at (22) Trawl riblines. Heavy rope or line the surface so as to fish vertically. that runs down the sides, top, or under- (6) Double-bar mesh. Two lengths of side of a trawl net from the mouth of twine tied into a single knot. the net to the terminal end of the (7) Double-walled codend. A codend codend to strengthen the net during constructed of two walls of webbing. fishing. (8) Fixed gear (anchored nontrawl Fishing trip is a period of time be- gear). Longline, trap or pot, set net, tween landings when fishing is con- and stationary hook-and-line (includ- ducted. ing commercial vertical hook-and-line) Fishing year is the year beginning at gears. 0801 GMT (0001 local time) on January 1 and ending at 0800 GMT on January 1 (9) Gillnet. (See § 600.10). (2400 local time on December 31). (10) One or more hooks Hook-and-line. Groundfish means species managed by attached to one or more lines. It may the PCGFMP, specifically: be stationary (commercial vertical hook-and-line) or mobile (troll). Sharks: (11) Longline. A stationary, buoyed, leopard shark, Triakis semifasciata soupfin shark, Galeorhinus zyopterus and anchored groundline with hooks spiny dogfish, Squalus acanthias attached, so as to fish along the sea- Skates: bed. It does not include commercial big skate, Raja binoculata vertical hook-and-line or troll gear. California skate, R. inornata
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longnose skate, R. rhina treefish, S. serriceps Ratfish: vermilion rockfish, S. miniatus ratfish, Hydrolagus colliei widow rockfish, S. entomelas Morids: yelloweye rockfish, S. ruberrimus finescale codling, Antimora microlepis yellowmouth rockfish, S. reedi Grenadiers: yellowtail rockfish, S. flavidus Pacific rattail, Coryphaenoides acrolepis All genera and species of the family Roundfish: Scorpaenidae that occur off Washington, Or- cabezon, Scorpaenichthys marmoratus egon, and California are included, even if not ° jack mackerel (north of 39 N. lat.), listed above. The Scorpaenidae genera are Trachurus symmetricus Sebastes, Scorpaena, Scorpaenodes, and kelp greenling, Hexagrammos decagrammus Sebastolobus. lingcod, Ophiodon elongatus Pacific cod, Gadus macrocephalus Flatfish: Pacific whiting, Merluccius productus arrowtooth flounder (arrowtooth turbot), sablefish, Anoplopoma fimbria Atheresthes stomias Rockfish: butter sole, Isopsetta isolepis aurora rockfish, Sebastes aurora curlfin sole, Pleuronichthys decurrens bank rockfish, S. rufus Dover sole, Microstomus pacificus black rockfish, S. melanops English sole, Parophrys vetulus black and yellow rockfish, S. chrysomelas flathead sole, Hippoglossoides elassodon blackgill rockfish, S. melanostomus Pacific sanddab, Citharichthys sordidus blue rockfish, S. mystinus petrale sole, Eopsetta jordani bocaccio, S. paucispinis rex sole, Glyptocephalus zachirus bronzespotted rockfish, S. gilli rock sole, Lepidopsetta bilineata brown rockfish, S. auriculatus sand sole, Psettichthys melanostictus calico rockfish, S. dalli starry flounder, Platichthys stellatus California scorpionfish, Scorpaena guttata Groundfish trawl means trawl gear canary rockfish, Sebastes pinniger chilipepper, S. goodei that is used under the authority of a China rockfish, S. nebulosus valid limited entry permit issued under copper rockfish, S. caurinus this subpart endorsed for trawl gear. It cowcod, S. levis does not include any type of trawl gear darkblotched rockfish, S. crameri listed as ‘‘exempted gear.’’ dusty rockfish, S. ciliatus Harvest guideline means a specified flag rockfish, S. rubrivinctus numerical harvest objective that is not gopher rockfish, S. carnatus grass rockfish, S. rastrelliger a quota. Attainment of a harvest greenblotched rockfish, S. rosenblatti guideline does not require closure of a greenspotted rockfish, S. chlorostictus fishery. greenstriped rockfish, S. elongatus Incidental catch or incidental species harlequin rockfish, S. variegatus means groundfish species caught while honeycomb rockfish, S. umbrosus fishing for the primary purpose of kelp rockfish, S. atrovirens catching a different species. longspine thornyhead, Sebastolobus altivelis Mexican rockfish, Sebastes macdonaldi Land or landing means to begin olive rockfish, S. serranoides transfer of fish from a fishing vessel. Pacific ocean perch, S. alutus Once transfer begins, all fish aboard pink rockfish, S. eos the vessel are counted as part of the quillback rockfish, S. maliger landing. redbanded rockfish, S. babcocki Length overall (LOA) (with respect to redstripe rockfish, S. proriger a vessel) means the length overall set rosethorn rockfish, S. helvomaculatus forth in the Certificate of Documenta- rosy rockfish, S. rosaceus rougheye rockfish, S. aleutianus tion (CG–1270) issued by the USCG for a sharpchin rockfish, S. zacentrus documented vessel, or in a registration shortbelly rockfish, S. jordani certificate issued by a state or the shortraker rockfish, S. borealis USCG for an undocumented vessel; for shortspine thornyhead, Sebastolobus vessels that do not have the LOA stat- alascanus ed in an official document, the LOA is silvergray rockfish, Sebastes brevispinis the LOA as determined by the USCG or speckled rockfish, S. ovalis by a marine surveyor in accordance splitnose rockfish, S. diploproa squarespot rockfish, S. hopkinsi with the USCG method for measuring starry rockfish, S. constellatus LOA. stripetail rockfish, S. saxicola Limited entry fishery means the fish- tiger rockfish, S. nigrocinctus ery composed of vessels using trawl
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gear, longline, and trap (or pot) gear Pacific Fishery Management Council fished pursuant to the harvest guide- and approved by the Secretary on Jan- lines, quotas, and other management uary 4, 1982, and as it may be subse- measures governing the limited entry quently amended. fishery. Permit holder means a permit owner Limited entry gear means longline, or a permit lessee. trap (or pot), or groundfish trawl gear Permit lessee means a person who has used under the authority of a valid lim- the right to possess and use a limited ited entry permit affixed with an en- entry permit for a designated period of dorsement for that gear. time, with reversion to the permit Limited entry permit means the permit owner. required to participate in the limited Permit owner means a person who entry fishery, and includes the gear en- owns a limited entry permit. dorsements affixed to the permit unless Person, as it applies to limited entry specified otherwise. and open access fisheries conducted Open access fishery means the fishery under this subpart, means any indi- composed of vessels using exempted vidual, corporation, partnership, asso- gear, and longline and trap (or pot) ciation or other entity (whether or not gear fished pursuant to the harvest organized or existing under the laws of guidelines, quotas, and other manage- any state), and any Federal, state, or ment measures governing the open ac- local government, or any entity of any cess fishery. such government that is eligible to Open access gear means all types of own a documented vessel under the fishing gear except: terms of 46 U.S.C. 12102(a). (1) Longline or trap (or pot) gear Processing or to process means the fished by a vessel that has a limited preparation or packaging of groundfish entry permit affixed with a gear en- to render it suitable for human con- dorsement for that gear. sumption, retail sale, industrial uses or (2) Trawl gear. long-term storage, including, but not Optimum yield (OY) means the limited to, cooking, canning, smoking, amount of fish that will provide the salting, drying, filleting, freezing, or greatest overall benefit to the Nation, rendering into meal or oil, but does not particularly with respect to food pro- mean heading and gutting unless addi- duction and recreational opportunities, tional preparation is done. and, taking into account the protec- Processor means person, vessel, or fa- tion of marine ecosystems, is pre- cility that engages in processing; or re- scribed as such on the basis of the MSY ceives live groundfish directly from a from the fishery, as reduced by any rel- fishing vessel for retail sale without evant economic, social, or ecological further processing. factor; and, in the case of an overfished Prohibited species means those species fishery, provides for rebuilding to a and species groups whose retention is level consistent with producing the prohibited unless authorized by other MSY in such fishery. OY may be ex- applicable law (for example, to allow pressed numerically (as a harvest for examination by an authorized ob- guideline, quota, or other specifica- server or to return tagged fish as speci- tion) or non-numerically. fied by the tagging agency). Owner of a vessel or vessel owner, as Quota means a specified numerical used in this subpart, means a person harvest objective, the attainment (or identified as the current owner in the expected attainment) of which causes Certificate of Documentation (CG–1270) closure of the fishery for that species issued by the USCG for a documented or species group. vessel, or in a registration certificate Recreational fishing means fishing issued by a state or the USCG for an with authorized recreational fishing undocumented vessel. gear for personal use only, and not for Pacific Coast Groundfish Fishery Man- sale or barter. agement Plan (PCGFMP) means the Regional Director means the Director, Fishery Management Plan for the Northwest Region, NMFS. For fisheries Washington, Oregon, and California occurring primarily or exclusively in Groundfish Fishery developed by the the fishery management area seaward
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of California, ‘‘Regional Director’’ § 660.302 Definitions. means the Director, Northwest Region, NMFS, acting upon the recommenda- * * * * * tion of the Director, Southwest Region, Commercial harvest guideline or commercial NMFS. quota means the harvest guideline or quota Reserve means a portion of the har- after subtracting any allocation for the Pa- vest guideline or quota set aside at the cific Coast treaty Indian tribes or for rec- beginning of the year to allow for un- reational fisheries. Limited entry and open certainties in preseason estimates of access allocations are based on the commer- DAP and JVP. cial harvest guideline or quota. Round weight (See § 600.10). Shoreside processing means processing * * * * * that takes place in a facility that is Processing or to process means the prepara- fixed permanently to land. tion or packaging of groundfish to render it Specification is a numerical or de- suitable for human consumption, industrial scriptive designation of a management uses or long-term storage, including, but not objective, including but not limited to: limited to, cooking, canning, smoking, salt- ABC; optimum yield; harvest guideline; ing, drying, filleting, freezing, or rendering quota; limited entry or open access al- into meal or oil, but does not mean heading location; a set aside or allocation for a and gutting unless additional preparation is recreational or treaty Indian fishery; done. an apportionment of the above to an area, gear, season, fishery, or other * * * * * subdivision; DAP, DAH, JVP, TALFF, Specification is a numerical or descriptive or incidental bycatch allowances in designation of a management objective, in- foreign or joint venture fisheries. cluding but not limited to: ABC; harvest Sustainable Fisheries Division (SFD) guideline; quota; limited entry or open ac- means the Chief, Sustainable Fisheries cess allocation; a set aside or allocation for Division, Northwest Regional Office, a recreational or treaty Indian fishery; an NMFS, or a designee. apportionment of the above to an area, gear, Target fishing means fishing for the season, fishery, or other subdivision; DAP, DAH, JVP, TALFF, or incidental bycatch al- primary purpose of catching a par- lowances in foreign or joint venture fish- ticular species or species group (the eries. target species). Totally lost means the vessel being re- * * * * * placed no longer exists in specie, or is absolutely and irretrievably sunk or § 660.303 Reporting and record- otherwise beyond the possible control keeping. of the owner, or the costs of repair (in- (a) This subpart recognizes that cluding recovery) would exceed the re- catch and effort data necessary for im- paired value of the vessel. plementing the PCGFMP are collected Trip limit means the total allowable amount of a groundfish species or spe- by the States of Washington, Oregon, cies complex by weight, or by percent- and California under existing state age of weight of fish on board the ves- data collection requirements. Tele- sel, that may be taken and retained, phone surveys of the domestic industry possessed, or landed from a single fish- will be conducted biannually by NMFS ing trip. to determine amounts of fish that will be made available to foreign fishing [61 FR 34572, July 2, 1996, as amended at 63 and JVP. No additional Federal reports FR 34608, June 25, 1998; 63 FR 40067, July 27, are required of fishers or processors, so 1998; 64 FR 49100, Sept. 10, 1999] long as the data collection and report- EFFECTIVE DATE NOTE: At 64 FR 49100, ing systems operated by state agencies Sept. 10, 1999, § 660.302 was amended by add- continue to provide NMFS with statis- ing the definitions ‘‘Optimum yield’’ and tical information adequate for manage- ‘‘Processor’’ and revising the definitions of ment. ‘‘Commercial harvest guideline or commer- cial quota’’, ‘‘Processing or to process’’, and (b) Any person who is required to do ‘‘Specification’’, effective Oct. 12, 1999. For so by the applicable state law must the convenience of the user, the superseded make and/or file, retain, or make avail- text follows: able any and all reports of groundfish
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landings containing all data, and in the (2) The southern limit is 40°30′ N. lat. exact manner, required by the applica- (d) Monterey. (1) The northern limit is ble state law. 40°30′ N. lat. (c) Any person landing groundfish (2) The southern limit is 36°00′ N. lat. must retain on board the vessel from (e) Conception. (1) The northern limit which groundfish is landed, and provide is 36°00′ N. lat. to an authorized officer upon request, (2) The southern limit is the U.S.- copies of any and all reports of ground- Mexico International Boundary, which fish landings containing all data, and is a line connecting the following co- in the exact manner, required by the ordinates in the order listed: applicable state law throughout the cu- mulative limit period during which a Point N. lat. W. long. landing occurred and for 15 days there- 1 ...... 32°35′22″ 117°27′49″ after. 2 ...... 32°37′37″ 117°49′31″ . [61 FR 34572, July 2, 1996, as amended at 63 3 ...... 31°07′58″ 118°36′18″ FR 34608, June 25, 1998; 63 FR 40067, July 27, 4 ...... 30°32′31″ 121°51′58″ 1998] (f) International boundaries. (1) Any § 660.304 Management areas. person fishing subject to this subpart is (a) Vancouver. (1) The northeastern bound by the international boundaries boundary is that part of a line con- described in this section, notwith- necting the light on Tatoosh Island, standing any dispute or negotiation be- WA, with the light on Bonilla Point on tween the United States and any neigh- Vancouver Island, British Columbia (at boring country regarding their respec- 48°35′75″ N. lat., 124°43′00″ W. long.) tive jurisdictions, until such time as south of the International Boundary new boundaries are established or rec- between the U.S. and Canada (at ognized by the United States. 48°29′37.19″ N. lat., 124°43′33.19″ W. long.), (2) The inner boundary of the fishery and north of the point where that line management area is a line coterminous intersects with the boundary of the with the seaward boundaries of the U.S. territorial sea. States of Washington, Oregon, and (2) The northern and northwestern California (the ‘‘3-mile limit’’). boundary is a line connecting the fol- (3) The outer boundary of the fishery lowing coordinates in the order listed, management area is a line drawn in which is the provisional international such a manner that each point on it is boundary of the EEZ as shown on 200 nm from the baseline from which NOAA/NOS Charts #18480 and #18007: the territorial sea is measured, or is a provisional or permanent international Point N. lat. W. long. boundary between the United States 1 ...... 48°29′37.19″ 124°43′33.19″ and Canada or Mexico. 2 ...... 48°30′11″ 124°47′13″ 3 ...... 48°30′22″ 124°50′21″ § 660.305 Vessel identification. 4 ...... 48°30′14″ 124°54′52″ 5 ...... 48°29′57″ 124°59′14″ (a) Display. The operator of a vessel 6 ...... 48°29′44″ 125°00′06″ that is over 25 ft (7.6 m) in length and 7 ...... 48°28′09″ 125°05′47″ is engaged in commercial fishing for 8 ...... 48°27′10″ 125°08′25″ 9 ...... 48°26′47″ 125°09′12″ groundfish must display the vessel’s of- 10 ...... 48°20′16″ 125°22′48″ ficial number on the port and starboard 11 ...... 48°18′22″ 125°29′58″ sides of the deckhouse or hull, and on 12 ...... 48°11′05″ 125°53′48″ 13 ...... 47°49′15″ 126°40′57″ a weather deck so as to be visible from 14 ...... 47°36′47″ 127°11′58″ above. The number must contrast with 15 ...... 47°22′00″ 127°41′23″ the background and be in block Arabic 16 ...... 46°42′05″ 128°51′56″ 17 ...... 46°31′47″ 129°07′39″ numerals at least 18 inches (45.7 cm) high for vessels over 65 ft (19.8 m) long (3) The southern limit is 47°30′ N. lat. and at least 10 inches (25.4 cm) high for (b) Columbia. (1) The northern limit is vessels between 25 and 65 ft (7.6 and 19.8 47°30′ N. lat. m) in length. The length of a vessel for (2) The southern limit is 43°00′ N. lat. purposes of this section is the length (c) Eureka. (1) The northern limit is set forth in USCG records or in state 43°00′ N. lat. records, if no USCG record exists.
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(b) Maintenance of numbers. The oper- quota, or harvest guideline, if the ves- ator of a vessel engaged in commercial sel fished or landed in an area during a fishing for groundfish must keep the time when such trip limit, size limit, identifying markings required by para- harvest guideline or quota applied. graph (a) of this section clearly legible (i) Possess, deploy, haul, or carry on- and in good repair, and must ensure board a fishing vessel subject to these that no part of the vessel, its rigging, regulations a set net, trap or pot, or its fishing gear obstructs the view of longline, or commercial vertical hook- the official number from an enforce- and-line that is not in compliance with ment vessel or aircraft. the gear restrictions in § 660.322, unless (c) Commercial passenger vessels. This such gear is the gear of another vessel section does not apply to vessels car- that has been retrieved at sea and rying fishing parties on a per-capita made inoperable or stowed in a manner basis or by charter. not capable of being fished. The dis- posal at sea of such gear is prohibited § 660.306 Prohibitions. by Annex V of the International Con- In addition to the general prohibi- vention for the Prevention of Pollution tions specified in § 600.725 of this chap- From Ships, 1973 (Annex V of MARPOL ter, it is unlawful for any person to: 73/78). (a) Sell, offer to sell, or purchase any (j) Process whiting in the fishery groundfish taken in the course of rec- management area during times or in reational groundfish fishing. areas where at-sea processing is prohib- (b) Retain any prohibited species (de- ited for the sector in which the vessel fined in § 660.323(c) caught by means of participates, unless: fishing gear authorized under this sub- (1) The fish are received from a mem- part or unless authorized by part 600 of ber of a Pacific Coast treaty Indian this chapter. Prohibited species must tribe fishing under § 660.324; be returned to the sea as soon as prac- (2) The fish are processed by a waste- ticable with a minimum of injury when processing vessel according to caught and brought on board. § 660.323(a)(4)(vii); or (c) Falsify or fail to affix and main- (3) The vessel is completing proc- tain vessel and gear markings as re- essing of whiting taken on board dur- quired by § 660.305 or § 660.322(c). ing that vessel’s primary season. (d) Fish for groundfish in violation of (k) Take and retain or receive, except any terms or conditions attached to an as cargo or fish waste, whiting on a EFP under § 600.745 of this chapter or vessel in the fishery management area § 660.350. that already possesses processed whit- (e) Fish for groundfish using gear not ing on board, during times or in areas authorized under § 660.322 or in viola- where at-sea processing is prohibited tion of any terms or conditions at- for the sector in which the vessel par- tached to an EFP under § 660.350 or part ticipates, unless the fish are received 600 of this chapter. from a member of a Pacific Coast trea- (f) Take and retain, possess, or land ty Indian tribe fishing under § 660.324. more groundfish than specified under (l) Have onboard a commercial hook- § 660.321 and § 660.323, or under an EFP and-line fishing vessel (other than a issued under § 660.350 or part 600 of this vessel operated by persons under chapter. § 660.323(b)(1)(ii)), more than the (g) Falsify or fail to make and/or file, amount of the trip limit set for black retain or make available any and all rockfish by § 660.323 while that vessel is reports of groundfish landings, con- fishing between the U.S.-Canada border taining all data, and in the exact man- and Cape Alava (48°09′30″ N. lat.), or be- ner, required by the applicable State tween Destruction Island (47°40′00″ N. law, as specified in § 660.303, provided lat.) and Leadbetter Point (46°38′10″ N. that person is required to do so by the lat.). applicable state law. (m) Fish with groundfish trawl gear, (h) Fail to sort, prior to the first or carry groundfish trawl gear on board weighing after offloading, those a vessel that also has groundfish on groundfish species or species groups for board, without having a limited entry which there is a trip limit, size limit, permit valid for that vessel affixed
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with a gear endorsement for trawl (u) Participate in the mothership or gear, with the following exception. A shoreside sector as a catcher vessel vessel with groundfish on board may that does not process fish, if that ves- carry groundfish trawl gear if: sel operates in the same calendar year (1) The vessel is in continuous transit as a catcher/processor in the whiting from outside the fishery management fishery, according to area to a port in Washington, Oregon, § 660.323(a)(4)(ii)(B). or California; or (v) Operate as a waste-processing ves- (2) The vessel is a mothership, in sel within 48 hours of a primary season which case trawl nets and doors must for whiting in which that vessel oper- be stowed in a secured and covered ates as a catcher/processor or manner, and detached from all towing mothership, according to lines, so as to be rendered unusable for § 660.323(a)(4)(vii). fishing. (w) Fail to keep the trawl doors on (n) Fail to carry onboard a vessel board the vessel and attached to the that vessel’s limited entry permit if re- trawls on a vessel used to fish for whit- quired. ing, when taking and retention is pro- (o) Make a false statement on an ap- hibited under § 660.323(a)(3)(v). plication for issuance, renewal, trans- (x) Fail to retain on board a vessel fer, vessel registration, or replacement from which groundfish is landed, and of a limited entry permit. provide to an authorized officer upon (p) Take and retain, possess, or land request, copies of any and all reports of groundfish in excess of the landing groundfish landings, or receipts con- limit for the open access fishery with- taining all data, and made in the exact out having a valid limited entry permit manner required by the applicable for the vessel affixed with a gear en- state law throughout the cumulative dorsement for the gear used to catch limit period during which such land- the fish. ings occurred and for 15 days there- (q) Carry on board a vessel, or deploy, after. limited entry gear when the limited [61 FR 34572, July 2, 1996, as amended at 61 entry fishery for that gear is closed, FR 48643, Sept. 16, 1996; 62 FR 27521, May 20, except a vessel may carry on board 1997; 62 FR 34674, June 27, 1997; 63 FR 34608, limited entry gear as provided in para- June 25, 1998; 64 FR 49100, Sept. 10, 1999] graph (m) of this section. EFFECTIVE DATE NOTE: At 64 FR 49100, (r) Refuse to submit fishing gear or Sept. 10, 1999, § 660.306 was amended by revis- fish subject to such person’s control to ing paragraphs (d), (e), and (f), effective Oct. inspection by an authorized officer, or 12, 1999. For the convenience of the user, the to interfere with or prevent, by any superseded text follows: means, such an inspection. § 660.306 Prohibitions. (s) During the ‘‘regular’’ or ‘‘mop-up’’ season described in § 660.323(a)(2)(iii) and (iv), take and retain, possess or * * * * * land sablefish taken and retained north (d) Fish for groundfish in violation of any of 36° N. lat., with longline or trap (or terms or conditions attached to an EFP pot) gear, by a vessel with a limited under part 600.745. entry permit registered for use with (e) Fish for groundfish using gear not au- thorized under § 660.322 or in violation of any that vessel and endorsed for longline or terms or conditions attached to an EFP trap (or pot) gear, that does not have a under part 600.745. sablefish endorsement. (f) Take and retain, possess, or land more (t) During the ‘‘regular’’ or ‘‘mop-up’’ groundfish than specified under § 660.321, season described in § 660.323(a)(2)(iii) § 660.323, or under an EFP issued under part and (iv), take and retain, possess or 600 of this chapter. land sablefish taken and retained north of 36° N. lat., with open access gear, by * * * * * a vessel with a limited entry permit registered for use with that vessel and § 660.321 Specifications and manage- endorsed for longline or trap (or pot) ment measures. gear, that does not have a sablefish en- (a) General. NMFS will establish and dorsement. adjust specifications and management
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measures annually and during the fish- § 660.321 Specifications and management ing year. Management of the Pacific measures. Coast groundfish fishery will be con- ducted consistent with the standards * * * * * and procedures in the PCGFMP and (b) Annual actions. The Pacific Coast other applicable law. The PCGFMP is groundfish fishery is managed on a calendar available from the Regional Director year basis. Even though specifications and or the Council. management measures are announced annu- ally, they may apply for more than 1 year. In (b) Annual actions. The Pacific Coast general, management measures are designed Groundfish fishery is managed on a cal- to achieve, but not exceed, the specifica- endar year basis. Even though speci- tions, particularly harvest guidelines, lim- fications and management measures ited entry and open access allocations, or are announced annually, they may other approved fishery allocations. Annual specifications and management measures are apply for more than 1 year. In general, developed at two Council meetings and pub- management measures are designed to lished in the FEDERAL REGISTER at the begin- achieve, but not exceed, the specifica- ning of the year, according to the standards tions, particularly optimum yields and procedures in the PCGFMP and other ap- (harvest guidelines and quotas), com- plicable law. mercial harvest guidelines and quotas, limited entry and open access alloca- * * * * * tions, or other approved fishery alloca- tions. § 660.322 Gear restrictions. (c) Routine management measures. (a) General. The following types of Management measures designated fishing gear are authorized, with the ‘‘routine’’ at § 660.323(b) may be ad- restrictions set forth in this section: justed during the year after rec- Trawl (bottom and pelagic), hook-and- ommendation from the Council, ap- line, longline, pot or trap, set net (an- proval by NMFS, and publication in chored gillnet or trammel net), and spear. the FEDERAL REGISTER. (b) Trawl gear—(1) Use. Trawl nets (d) Changes to the regulations. Regula- may be used on and off the seabed. tions under this subpart may be pro- Trawl nets may be fished with or with- mulgated, removed, or revised. Any out otter boards, and may use warps or such action will be made according to cables to herd fish. the framework standards and proce- (2) Mesh size. Trawl nets may be used dures in the PCGFMP and other appli- if they meet the minimum mesh sizes cable law, and will be published in the set forth in this paragraph (b)(2). The FEDERAL REGISTER. minimum sizes apply throughout the [61 FR 34572, July 2, 1996, as amended at 64 net. Minimum trawl mesh size require- FR 49100, Sept. 10, 1999] ments are met if a 20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 EFFECTIVE DATE NOTE: At 64 FR 49100, cm) (depending on the gear being meas- Sept. 10, 1999, § 660.321 was amended by revis- ured), less one thickness of the metal ing paragraph (b), effective Oct. 12, 1999. For wedge, can be passed with only thumb the convenience of the user, the superseded pressure through at least 16 of 20 sets text follows: of two meshes each of wet mesh.
MINIMUM TRAWL-MESH SIZE IN INCHES 1
Subarea Trawl conception type Vancouver Columbia Eureka Monterey
Bottom ...... 4.5 4.5 4.5 4.5 4.5 Pelagic ...... 3.0 3.0 3.0 3.0 3.0 1 Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.
(3) Chafing gear. Chafing gear may en- net’s circumference, except as provided circle no more than 50 percent of the in paragraph (b)(5) of this section. No
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section of chafing gear may be longer or operator of the vessel. The number than 50 meshes of the net to which it is may be either: attached. Except at the corners, the (i) If required by applicable state law, terminal end of each section of chafing the vessel’s number, the commercial gear must not be connected to the net. fishing license number, or buoy brand (The terminal end is the end farthest number; or from the mouth of the net.) Chafing (ii) The vessel documentation num- gear must be attached outside any ber issued by the USCG, or, for an un- riblines and restraining straps. There documented vessel, the vessel registra- is no limit on the number of sections of tion number issued by the state. chafing gear on a net. (d) Set nets. Fishing for groundfish (4) Codends. Only single-walled with set nets is prohibited in the fish- codends may be used in any trawl. Dou- ery management area north of 38°00′ N. ble-walled codends are prohibited. lat. (5) Pelagic trawls. Pelagic trawl nets (e) Traps or pots. Traps must have must have unprotected footropes at the biodegradable escape panels con- # trawl mouth, and must not have roll- structed with 21 or smaller untreated ers, bobbins, tires, wheels, rubber discs, cotton twine in such a manner that an or any similar device anywhere in the opening at least 8 inches (20.3 cm) in di- net. Sweeplines, including the bottom ameter results when the twine deterio- leg of the bridle, must be bare. For at rates. least 20 ft (6.15 m) immediately behind (f) Recreational fishing. The only types of fishing gear authorized for rec- the footrope or headrope, bare ropes or reational fishing are hook-and-line and mesh of 16-inch (40.6-cm) minimum spear. mesh size must completely encircle the (g) Spears. Spears may be propelled net. A band of mesh (a ‘‘skirt’’) may by hand or by mechanical means. encircle the net under transfer cables, lifting or splitting straps (chokers), but § 660.323 Catch restrictions. must be: Over riblines and restraining (a) Groundfish species harvested in straps; the same mesh size and coincide the territorial sea (0–3 nm) will be knot-to-knot with the net to which it counted toward the catch limitations is attached; and no wider than 16 in this section. meshes. (1) Black rockfish. The trip limit for (c) Fixed gear. (1) Fixed gear black rockfish (Sebastes melanops) for (longline, trap or pot, set net and sta- commercial fishing vessels using hook- tionary hook-and-line gear, including and-line gear between the U.S.-Canada commercial vertical hook-and-line border and Cape Alava (48°09′30″ N. gear) must be: lat.), and between Destruction Island (i) Marked at the surface, at each ter- (47°40′ N. lat.) and Leadbetter Point minal end, with a pole, flag, light, (46°38′10″ N. lat.), is 100 lbs (45 kg) or 30 radar reflector, and a buoy, except as percent, by weight of all fish on board, provided in paragraph (c)(2) of this sec- whichever is greater, per vessel per tion. fishing trip. (ii) Attended at least once every 7 (2) Nontrawl sablefish. This paragraph days. (a)(2) applies to the regular and mop-up (2) Commercial vertical hook-and- seasons for the nontrawl limited entry line gear that is closely tended may be sablefish fishery north of 36° N. lat., ex- marked only with a single buoy of suf- cept for paragraphs (a)(2)(ii), (iv), and ficient size to float the gear. ‘‘Closely (vii) of this section, which also apply to tended’’ means that a vessel is within the open access fishery north of 36° N. visual sighting distance or within 0.25 lat. Limited entry and open access nm (463 m) as determined by electronic fixed gear sablefish fishing south of 36° navigational equipment, of its com- N. lat. is governed by routine manage- mercial vertical hook-and-line gear. ment measures imposed under para- (3) A buoy used to mark fixed gear graph (b) of this section. under paragraph (c)(1)(i) or (c)(2) of (i) Sablefish endorsement. A vessel this section must be marked with a may not participate in the regular or number clearly identifying the owner mop-up season for the nontrawl limited
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entry fishery, unless the vessel’s owner the fishery. The season will be set to be holds (by ownership or otherwise) a as long as possible, under the con- limited entry permit for that vessel, af- straints described in chapter 1 of the fixed with both a gear endorsement for EA/RIR/IRFA, up to a maximum season longline or trap (or pot) gear, and a sa- length of 10 days. blefish endorsement. (D) During the regular and mop-up (ii) Pre-season closure—open access and season, limited entry nontrawl sable- limited entry fisheries. (A) Sablefish fish fishers may also be subject to trip taken with fixed gear in the limited limits to protect juvenile sablefish. entry or open access fishery in the EEZ (E) There will be no limited entry, may not be retained or landed during daily trip limit fishery during the reg- the 48 hours immediately before the ular season. start of the regular season for the (iv) Post-season closure—limited entry nontrawl limited entry sablefish fish- and open access. No sablefish taken ery. with fixed gear north of 36° N. lat. dur- (B) All fixed gear used to take and re- ing the 30 hours immediately after the tain groundfish must be out of EEZ wa- end of the regular season for the ters during the 48 hours immediately nontrawl limited entry sablefish fish- before the opening of the regular sea- ery, may be retained. Sablefish taken son for the nontrawl limited entry sa- and retained during the regular season blefish fishery. may be possessed and landed during the (iii) Regular season—nontrawl limited 30–hour period. Gear may remain in entry sablefish fishery. (A) The Regional water during the 30–hour post-season Administrator will announce a season closure. Fishers may not set or pull for waters north of 36° N. lat. to start from the water fixed gear used to take on any day from August 1 through Sep- and retain groundfish during the 30– tember 30, based on consultations with hour post-season closure. the Council, taking into account tidal (v) Mop-up season—limited entry fish- conditions, Council meeting dates, al- ery. A mop-up season to take the re- ternative fishing opportunities, and in- mainder of the limited entry nontrawl dustry comments. allocation will begin in waters north of (B) During the regular season, each 36° N. lat. about 3 weeks, or as soon as vessel with a limited entry permit with practicable, after the end of the regular a sablefish endorsement that is reg- season. During the mop-up fishery, a istered for use with that vessel may cumulative trip limit will be imposed. land up to the cumulative trip limit A cumulative trip limit is the max- announced for the tier to which the imum amount of sablefish that may be permit is assigned. Each permit will be taken and retained, possessed, or land- assigned to one of three tiers. A cumu- ed per vessel in a specified period of lative trip limit is the maximum time, with no limit on the number of amount of sablefish that may be taken landings or trips. The length of the and retained, possessed, or landed per mop-up season and the amount of the vessel in a specified period of time, cumulative trip limit, will be deter- with no limit on the number of land- mined by the Regional Administrator ings or trips. in consultation with the Council or its (C) The Regional Administrator will designees, and will be based primarily annually calculate the length of the on the amount of fish remaining in the regular season and the size of the cu- limited entry nontrawl allocation, the mulative trip limit for each tier in ac- amount of sablefish needed for the re- cordance with the process specified in mainder of the daily trip limit fishery, chapter 1 of the EA/RIR/IRFA for and the number of mop-up participants ‘‘Fixed Gear Sablefish Tiered Cumu- anticipated. The Regional Adminis- lative Limits,’’ dated February 1998, trator may determine that too little of which is available from the Council. the nontrawl allocation remains to The season length and the size of the conduct an orderly or manageable fish- cumulative trip limits will vary de- ery, in which case there will not be a pending on the amount of sablefish mop-up season. There will be no lim- available for the regular and mop-up ited entry daily trip limit fishery dur- fisheries and the projected harvest for ing the mop-up season.
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(vi) Other announcements. The dates cording to the procedures in the and times that the regular season PCGFMP for developing and imple- starts and ends (and trip limits on sa- menting annual specifications and ap- blefish of all sizes are resumed), the portionments. The season opening size of the cumulative trip limits for dates remain in effect unless changed, the three tiers in the regular fishery, but will be announced annually, gen- the dates and times for the 30–hour erally with the annual specifications post-season closure, the dates and and management measures. times that the mop-up season begins (2) Criteria. The start of a primary and ends, and the size of the cumu- season may be changed based on a rec- lative trip limit for the mop-up fishery ommendation from the Council and will be announced in the FEDERAL REG- consideration of the following factors, ISTER, and may be modified. Unless if applicable: Size of the harvest guide- otherwise announced, these seasons lines for whiting and bycatch species; will begin and end at 12 noon on the age/size structure of the whiting popu- specified date. lation; expected harvest of bycatch and (vii) Trip limits. Trip and/or frequency prohibited species; availability and limits may be imposed in the limited stock status of prohibited species; ex- entry fishery before and after the reg- pected participation by catchers and ular season, and after the mop-up sea- processors; environmental conditions; son, under paragraph (b) of this sec- timing of alternate or competing fish- tion. Trip and/or size limits to protect eries; industry agreement; fishing or juvenile sablefish in the limited entry processing rates; and other relevant in- or open-access fisheries also may be formation. imposed at any time under paragraph (B) South of 40°30′ N. lat. The primary (b) of this section. Trip limits may be season starts on April 15 south of 40°30′ imposed in the open-access fishery at N. lat. any time under paragraph (b) of this (ii) Closed areas. Pacific whiting may section. not be taken and retained in the fol- (3) Pacific whiting (whiting)—(i) Sea- lowing portions of the fishery manage- sons. The primary seasons for the whit- ment area: ing fishery are: For the shore-based (A) Klamath River Salmon Conservation sector, the period(s) when the large- Zone. The ocean area surrounding the scale target fishery is conducted (when Klamath River mouth bounded on the trip limits under paragraph (b) of this north by 41°38′48″ N. lat. (approxi- section are not in effect); for catcher/ mately 6 nm north of the Klamath processors, the period(s) when at-sea River mouth), on the west by 124°23′ W. processing is allowed and the fishery is long. (approximately 12 nm from open for the catcher/processor sector; shore), and on the south by 41°26′48″ N. and for vessels delivering to lat. (approximately 6 nm south of the motherships, the period(s) when at-sea Klamath River mouth). processing is allowed and the fishery is (B) Columbia River Salmon Conserva- open for the mothership sector. Before tion Zone. The ocean area surrounding and after the primary seasons, trip the Columbia River mouth bounded by landing or frequency limits may be im- a line extending for 6 nm due west from posed under paragraph (b) of this sec- North Head along 46°18′ N. lat. to tion. The sectors are defined at para- 124°13′18″ W. long., then southerly along graph (a)(4) of this section. a line of 167 True to 46°11′06″ N. lat. and (A) North of 40°30′ N. lat. Different 124°11′ W. long. (Columbia River Buoy), starting dates may be established for then northeast along Red Buoy Line to the catcher/processor sector, the the tip of the south jetty. mothership sector, catcher vessels de- (iii) Eureka area trip limits. Trip land- livering to shoreside processors north ing or frequency limits may be estab- of 42° N. lat., and catcher vessels deliv- lished, modified, or removed under ering to shoreside processors between § 660.321 or § 660.323, specifying the 42°–40°30′ N. lat. amount of Pacific whiting that may be (1) Procedures. The primary seasons taken and retained, possessed, or land- for the whiting fishery north of 40°30′ ed by a vessel that, at any time during N. lat. generally will be established ac- a fishing trip, fished in the fishery
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management area shoreward of the 100- catch is counted against the catcher/ fathom (183-m) contour (as shown on processor allocation unless the catcher/ NOAA Charts 18580, 18600, and 18620) in processor has been declared as a the Eureka area (from 43°00′ to 40°30′ N. mothership under paragraph lat.). (a)(4)(ii)(C) of this section. (iv) At-sea processing. Whiting may (B) A catcher/processor may not also not be processed at sea south of 42°00′ act as a catcher vessel delivering un- N. lat. (Oregon-California border), un- processed whiting to another processor less by a waste-processing vessel as au- in the same calendar year. thorized under paragraph (a)(4)(vii) of (C) When renewing its limited entry this section. permit each year under § 660.333, the (v) Time of day. Pacific whiting may owner of a catcher/processor used to not be taken and retained by any ves- take and retain whiting must declare if sel in the fishery management area the vessel will operate solely as a ° ′ south of 42 00 N. lat. between 0001 mothership in the whiting fishery dur- hours to one-half hour after official ing the calendar year to which its lim- sunrise (local time). During this time ited entry permit applies. Any such ° ′ south of 42 00 N. lat., trawl doors must declaration is binding on the vessel for be on board any vessel used to fish for the calendar year, even if the permit is whiting and the trawl must be at- transferred during the year, unless it is tached to the trawl doors. Official sun- rescinded in response to a written re- ° rise is determined, to the nearest 5 quest from the permit holder. Any re- lat., in The Nautical Almanac issued an- quest to rescind a declaration must nually by the Nautical Almanac Office, made by the permit holder and granted U.S. Naval Observatory, and available in writing by the Regional Director be- from the U.S. Government Printing Of- fore any unprocessed whiting has been fice. taken on board the vessel that calendar (4) Whiting—allocation—(i) Sectors and year. allocations. The commercial harvest (iii) Reaching an allocation. If the guideline for whiting is allocated among three sectors, as follows. whiting harvest guideline, commercial (A) Sectors. The catcher/processor sec- harvest guideline, or a sector’s alloca- tor is composed of catcher/processors, tion is reached, or is projected to be which are vessels that harvest and reached, the following action(s) for the process whiting during a calendar year. applicable sector(s) may be taken as The mothership sector is composed of provided under paragraph (a)(4)(vi) of motherships and catcher vessels that this section and will remain in effect harvest whiting for delivery to until additional amounts are made motherships. Motherships are vessels available the next fishing year or under that process, but do not harvest, whit- paragraph (a)(4)(iv) of this section. ing during a calendar year. The shore- (A) Catcher/processor sector. Further side sector is composed of vessels that taking and retaining, receiving, or at- harvest whiting for delivery to shore- sea processing of whiting by a catcher/ based processors. processor is prohibited. No additional (B) Allocations. The allocations are: 34 unprocessed whiting may be brought percent for the catcher/processor sec- on board after at-sea processing is pro- tor; 24 percent for the mothership sec- hibited, but a catcher/processor may tor; and 42 percent for the shoreside continue to process whiting that was sector. No more than 5 percent of the on board before at-sea processing was shoreside allocation may be taken and prohibited. retained south of 42° N. lat. before the (B) Mothership sector. (1) Further re- start of the primary season north of 42° ceiving or at-sea processing of whiting N. lat. These allocations are harvest by a mothership is prohibited. No addi- guidelines unless otherwise announced tional unprocessed whiting may be in the FEDERAL REGISTER. brought on board after at-sea proc- (ii) Additional restrictions on catcher/ essing is prohibited, but a mothership processors. may continue to process whiting that (A) A catcher/processor may receive was on board before at-sea processing fish from a catcher vessel, but that was prohibited.
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(2) Whiting may not be taken and re- reapportionment of surplus whiting to tained, possessed, or landed by a catch- other sectors on September 15, or as er vessel participating in the soon as practicable thereafter. In order mothership sector. to prevent exceeding the limits or to (C) Shoreside sector. Whiting may not avoid underutilizing the resource, pro- be taken and retained, possessed, or hibitions against further taking and re- landed by a catcher vessel partici- taining, receiving, or at-sea processing pating in the shoreside sector except as of whiting, or reapportionment of sur- authorized under a trip limit specified plus whiting may be made effective im- under § 660.323(b). mediately by actual notice to fisher- (D) Shoreside south of 42° N. lat. If 5 men and processors, by phone, fax, percent of the shoreside allocation for Northwest Region computerized bul- whiting is taken and retained south of letin board (contact 206–526–6128), let- 42° N. lat. before the primary season for ter, press release, and/or U.S. Coast the shoreside sector begins north of 42° Guard Notice to Mariners (monitor N. lat., then a trip limit specified under channel 16 VHF), followed by publica- paragraph (b) of this section may be tion in the FEDERAL REGISTER, in implemented south of 42° N. lat. until which instance public comment will be the northern primary season begins, at sought for a reasonable period of time which time the southern primary sea- thereafter. If insufficient time exists to son would resume. consult with the Council, the Regional (iv) Reapportionments. That portion of Director will inform the Council in a sector’s allocation that the Regional writing of actions taken. Director determines will not be used by (vii) Processing fish waste at sea. A the end of the fishing year shall be vessel that processes only fish waste (a made available for harvest by the other ‘‘waste-processing vessel’’) is not con- sectors, if needed, in proportion to sidered a whiting processor and there- their initial allocations, on September fore is not subject to the allocations, 15 or as soon as practicable thereafter. seasons, or restrictions for catcher/ NMFS may release whiting again at a processors or motherships while it op- later date to ensure full utilization of erates as a waste-processing vessel. the resource. Whiting not needed in the However, no vessel may operate as a fishery authorized under § 660.324 also waste-processing vessel 48 hours imme- may be made available. diately before and after a primary sea- (v) Estimates. Estimates of the son for whiting in which the vessel op- amount of whiting harvested will be erates as a catcher/processor or based on actual amounts harvested, mothership. A vessel must meet the projections of amounts that will be following conditions to qualify as a harvested, or a combination of the two. waste-processing vessel: Estimates of the amount of whiting (A) The vessel makes meal (ground that will be used by shoreside proc- dried fish), oil, or minced (ground essors by the end of the fishing year flesh) product, but does not make, and will be based on the best information does not have on board, surimi (fish available to the Regional Director paste with additives), fillets (meat from state catch and landings data, the from the side of the fish, behind the survey of domestic processing capacity head and in front of the tail), or headed and intent, testimony received at and gutted fish (head and viscera re- Council meetings, and/or other rel- moved). evant information. (B) The amount of whole whiting on (vi) Announcements. The Assistant board does not exceed the trip limit (if Administrator will announce in the any) allowed under paragraph (b) of FEDERAL REGISTER when a harvest this section. guideline, commercial harvest guide- (C) Any trawl net and doors on board line, or an allocation of whiting is are stowed in a secured and covered reached, or is projected to be reached, manner, and detached from all towing specifying the appropriate action being lines, so as to be rendered unusable for taken under paragraph (a)(4)(iii) of this fishing. section. The Regional Director will an- (D) The vessel does not receive nounce in the FEDERAL REGISTER any codends containing fish.
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(E) The vessel’s operations are con- harvest levels announced by NMFS. In sistent with applicable state and Fed- addition, the following reasons apply: eral law, including those governing dis- (A) Trip landing and frequency lim- posal of fish waste at sea. its—to extend the fishing season; to (b) Routine management measures. In minimize disruption of traditional fish- addition to the catch restrictions in ing and marketing patterns; to reduce this section, other catch restrictions discards; to discourage target fishing that are likely to be adjusted on an an- while allowing small incidental catches nual or more frequent basis may be im- to be landed; to allow small fisheries to posed and announced by a single notifi- operate outside the normal season; cation in the FEDERAL REGISTER if they and, for the open access fishery only, first have been designated as ‘‘routine’’ to maintain landings at the historical according to the applicable procedures proportions during the 1984–88 window in the PCGFMP. The following catch period. restrictions are designated as routine (B) Size limits—to protect juvenile for the reasons given in paragraph fish; to extend the fishing season. (b)(1)(ii) of this section: (2) Recreational—(i) Species and gear. (1) Commercial-limited entry and open (A) Lingcod—all gear—bag and size access fisheries— limits. (i) Species and gear. (A) Widow rock- (B) Rockfish—all gear—bag limits. fish—all gear—trip landing and fre- (ii) Reasons for ‘‘routine’’ management quency limits. measures. All routine management (B) Sebastes complex—all gear—trip measures on recreational fisheries are landing and frequency limits. intended to keep landings within the (C) Yellowtail rockfish—all gear— harvest levels announced by NMFS. In trip landing and frequency limits. addition, the following reasons apply: (A) Bag limits—to spread the avail- (D) Pacific ocean perch—all gear— able catch over a large number of an- trip landing and frequency limits. glers; to avoid waste; for consistency (E) Sablefish—all gear—trip landing, with state regulations. frequency, and size limits. (B) Size limits—to protect juvenile (F) Dover sole—all gear—trip landing fish; to enhance the quality of the rec- and frequency limits. reational fishing experience; for con- (G) Thornyheads (shortspine sistency with state regulations. thornyheads or longspine thornyheads, (c) Prohibited species. Groundfish spe- separately or combined)—all gear—trip cies or species groups under the landing and frequency limits. PCGFMP for which quotas have been (H) Bocaccio—all gear—trip landing achieved and the fishery closed are pro- and frequency limits. hibited species. In addition, the fol- (I) Pacific whiting—all gear—trip lowing are prohibited species: landing and frequency limits. (1) Any species of salmonid. (J) Lingcod—all gear—trip landing (2) Pacific halibut. and frequency limits; size limits. (3) Dungeness crab caught seaward of (K) Canary rockfish—all gear—trip Washington or Oregon. landing and frequency limits. [61 FR 34572, July 2, 1996; 61 FR 37843, July 22, (L) All groundfish, separately or in 1996; 61 FR 48643, Sept. 16, 1996; 62 FR 27522, any combination—any legal open ac- May 20, 1997; 62 FR 45356, Aug. 27, 1997; 63 FR cess gear (including non-groundfish 38113, July 15, 1998] trawl gear used to harvest pink shrimp, spot or ridgeback prawns, California § 660.324 Pacific Coast treaty Indian halibut or sea cucumbers in accordance fisheries. with the regulations in this subpart)— (a) Pacific Coast treaty Indian tribes trip landing and frequency limits. (Size have treaty rights to harvest ground- limits designated routine in this sec- fish in their usual and accustomed fish- tion continue to apply.) ing areas in U.S. waters. (ii) Reasons for ‘‘routine’’ management (b) For the purposes of this part, Pa- measures. All routine management cific Coast treaty Indian tribes means measures on commercial fisheries are the Hoh, Makah, and Quileute Indian intended to keep landings within the Tribes and the Quinault Indian Nation.
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(c) The Pacific Coast treaty Indian (f) A limited entry permit under sub- tribes’ usual and accustomed fishing part C is not required for participation areas within the fishery management in a tribal fishery described in para- area (FMA) are set out below in para- graph (d) of this section. graphs (c)(1) through (c)(4) of this sec- (g) Fishing under this section by a tion. Boundaries of a tribe’s fishing member of a Pacific Coast treaty In- area may be revised as ordered by a dian tribe within their usual and accus- Federal court. tomed fishing area is not subject to the (1) Makah—That portion of the FMA provisions of other sections of this north of 48°02′15″ N. lat. (Norwegian part. Memorial) and east of 125°44′00″ W. (h) Any member of a Pacific Coast long. treaty Indian tribe must comply with (2) Quileute—That portion of the FMA this section, and with any applicable between 48°07′36″ N. lat. (Sand Point) tribal law and regulation, when partici- and 47°31′42″ N. lat. (Queets River) and pating in a tribal groundfish fishery de- east of 125°44′00″ W. long. scribed in paragraph (d) of this section. (3) Hoh—That portion of the FMA be- (i) Fishing by a member of a Pacific tween 47°54′18″ N. lat. (Quillayute Coast treaty Indian tribe outside the River) and 47°21′00″ N. lat. (Quinault applicable Indian tribe’s usual and ac- River) and east of 125°44′00″ W. long. customed fishing area, or for a species (4) Quinault—That portion of the of groundfish not covered by an alloca- FMA between 47°40′06″ N. lat. (Destruc- tion or regulation under this section, is tion Island) and 46°53′18″ N. lat. (Point subject to the regulations in the other Chehalis) and east of 125°44′00″ W. long. sections of this part. (d) Procedures. The rights referred to (j) Black rockfish. Harvest guidelines in paragraph (a) of this section will be for commercial harvests of black rock- implemented by the Secretary, after fish by members of the Pacific Coast consideration of the tribal request, the Indian tribes using hook and line gear recommendation of the Council, and will be established annually for the the comments of the public. The rights areas between the U.S.-Canadian bor- will be implemented either through an der and Cape Alava (48°09′30″ N. lat.) allocation of fish that will be managed and between Destruction Island by the tribes, or through regulations in (47°40′00″ N. lat.) and Leadbetter Point this section that will apply specifically (46°38′10″ N. lat.), in accordance with to the tribal fisheries. An allocation or the procedures for implementing an- a regulation specific to the tribes shall nual specifications. Pacific Coast trea- be initiated by a written request from ty Indians fishing for black rockfish in a Pacific Coast treaty Indian tribe to these areas under these harvest guide- the Regional Director, prior to the first lines are subject to the provisions in of the Council’s two annual groundfish this section, and not to the restrictions meetings. The Secretary generally will in other sections of this part. announce the annual tribal allocation (k) Groundfish without a tribal alloca- at the same time as the annual speci- tion. Makah tribal members may use fications. The Secretary recognizes the midwater trawl gear to take and retain sovereign status and co-manager role groundfish for which there is no tribal of Indian tribes over shared Federal allocation and will be subject to the and tribal fishery resources. Accord- trip landing and frequency and size ingly, the Secretary will develop tribal limits applicable to the limited entry allocations and regulations under this fishery. paragraph in consultation with the af- fected tribe(s) and, insofar as possible, § 660.331 Limited entry and open ac- with tribal consensus. cess fisheries—general. (e) Identification. A valid treaty In- All commercial fishing for groundfish dian identification card issued pursu- must be conducted in accordance with ant to 25 CFR part 249, subpart A, is the regulations governing limited prima facie evidence that the holder is a entry and open access fisheries, except member of the Pacific Coast treaty In- such fishing by treaty Indian tribes as dian tribe named on the card. may be separately provided for.
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§ 660.332 Allocations. (c) Catch accounting between the lim- (a) General. The commercial portion ited entry and open access fisheries. Any of the Pacific Coast groundfish fishery, groundfish caught by a vessel with a excluding the treaty Indian fishery, is limited entry permit will be counted divided into limited entry and open ac- against the limited entry allocation cess fisheries. Separate allocations for while the limited entry fishery for that the limited entry and open access fish- vessel’s limited entry gear is open. eries will be established annually for When the fishery for a vessel’s limited certain species and/or areas using the entry gear has closed, groundfish procedures described in this subpart or caught by that vessel with open access the PCGFMP. gear will be counted against the open (1) Limited entry allocation. The allo- access allocation. All groundfish cation for the limited entry fishery is caught by vessels without limited the allowable catch (harvest guideline entry permits will be counted against or quota excluding set asides for rec- the open access allocation. reational or tribal Indian fisheries) (d) Additional guidelines. Additional minus the allocation to the open access guidelines governing determination of fishery. the limited entry and open access allo- (2) Open access allocation. The alloca- cations are in the PCGFMP. tion for the open access fishery is de- (e) Treaty Indian fisheries. Certain rived by applying the open access allo- amounts of groundfish may be set aside cation percentage to the annual har- annually for tribal fisheries prior to di- vest guideline or quota after sub- viding the balance of the allowable tracting any set asides for recreational catch between the limited entry and or tribal Indian fisheries. For manage- open access fisheries. Tribal fisheries ment areas where quotas or harvest conducted under a set-aside are not guidelines for a stock are not fully uti- subject to the regulations governing lized, no separate allocation will be es- limited entry and open access fisheries. tablished for the open access fishery (f) Recreational fisheries. Recreational until it is projected that the allowable fishing for groundfish is outside the catch for a species will be reached. scope of, and not affected by, the regu- (b) Open access allocation percentage. lations governing limited entry and For each species with a harvest guide- open access fisheries. Certain amounts line or quota, the initial open access of groundfish may be specifically allo- allocation percentage is calculated by: (1) Computing the total catch for cated to the recreational fishery, and that species during the window period will be set aside prior to dividing the by any vessel that does not initially re- commercial allocation between the ceive a limited entry permit. commercial limited entry and open ac- (2) Dividing that amount by the total cess fisheries. catch during the window period by all § 660.333 Limited entry fishery—gen- gear. eral. (3) The guidelines in this paragraph (b)(3) apply to recalculation of the open (a) General. Participation in the lim- access allocation percentage. Any re- ited entry fishery requires that the calculated allocation percentage will owner of a vessel hold (by ownership or be used in calculating the following otherwise) a limited entry permit af- year’s open access allocation. If a gear fixed with a gear endorsement reg- type is prohibited by a state or the istered for use with that vessel for the Secretary and a vessel thereby quali- gear being fished. A sablefish endorse- fies for a limited entry permit under ment is also required for a vessel to this subpart, or if a small limited entry participate in the regular and/or mop- fleet is incorporated into the limited up seasons for the nontrawl, limited entry fishery under § 660.338, the win- entry sablefish fishery, north of 36° N. dow-period catch of these vessels will lat. There are three types of gear en- be deducted from the open access fish- dorsements: ‘‘A,’’ ‘‘Provisional A,’’ and ery’s historical catch levels and the ‘‘Designated species B.’’ More than one open access allocation percentage re- type of gear endorsement may be af- calculated accordingly. fixed to a limited entry permit. While
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the limited entry fishery is open, ves- sel at the time the permit is issued, re- sels fishing under limited entry per- newed, transferred, or replaced. A per- mits may also fish with open access mit not registered for use with a par- gear; except that during a period when ticular vessel may not be used. If the the limited entry fixed gear sablefish permit will be used with a vessel other fishery is limited to those vessels with than the one registered on the permit, sablefish endorsements, a longline or a registration for use with the new ves- pot (or trap) limited entry permit hold- sel must be obtained from the SFD and er without a sablefish endorsement placed on board the vessel before it is may not fish for sablefish with open ac- used under the permit. Registration of cess gear. a permit to be used with a new vessel (b) Renewal of limited entry permits will take effect on the first day of the and gear endorsements. next major limited entry cumulative (1) Limited entry permits expire at limit period following the date of the the end of each calendar year, and transfer. must be renewed between October 1 and (3) The major limited entry cumu- November 30 of each year in order to lative limit periods will be announced remain in force the following year. in the FEDERAL REGISTER each year (2) Notification to renew limited with the annual specifications and entry permits will be issued by FMD management measures, or with routine prior to September 1 each year to the management measures when the cumu- most recent address of the permit lative limit periods are changed. owner. The permit owner shall provide (4) Application forms for the transfer FMD with notice of any address change and registration of limited entry per- within 15 days of the change. mits are available from the FMD (see (3) A limited entry permit that is al- part 600 for address of the Regional Di- lowed to expire will not be renewed un- rector). Contents of the application, less the FMD determines that failure and required supporting documenta- to renew was proximately caused by tion, are specified in the application the illness, injury, or death of the per- form. mit owner. (c) Transfer and registration of limited (5) The FMD will maintain records of entry permits and gear endorsements. (1) all limited entry permits that have When the SFD transfers the limited been issued, renewed, transferred, reg- entry permit on behalf of the permit istered, or replaced. holder, the SFD will reissue the permit (d) Evidence and burden of proof. A in the name of the new permit holder vessel owner (or persons holding lim- with such gear and, if applicable, spe- ited entry rights under the express cies endorsements and tier assignments terms of a written contract) applying as are eligible for transfer with the per- for issuance, renewal, transfer, or reg- mit. Permit transfers will take effect istration of a limited entry permit has on the first day of the next major lim- the burden to provide evidence that ited entry cumulative limit period fol- qualification requirements are met. lowing the date of the transfer. Trans- The owner of a permit endorsed for fers of permits designated as partici- longline or trap (or pot) gear applying pating in the ‘‘B’’ platoon will become for a sablefish endorsement or a tier effective on the first day of the next assignment under § 660.336, paragraph ‘‘B’’ platoon major limited entry cumu- (c) or (d) has the burden to submit evi- lative limit period following the date dence to prove that qualification re- of the transfer. No transfer is effective quirements are met. A permit holder until the limited entry permit has been applying to register a limited entry reissued as registered with the new ves- permit has the burden to submit evi- sel and the permit is in the possession dence to prove that registration re- of the new permit holder. quirements are met. The following evi- (2) A limited entry permit may not dentiary standards apply: be used with a vessel unless it is reg- (1) A certified copy of the current istered for use with that vessel. Lim- vessel document (USCG or state) is the ited entry permits will normally be best evidence of vessel ownership and registered for use with a particular ves- LOA.
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(2) A certified copy of a state fish re- (3) Except as provided in §§ 660.335(b), ceiving ticket is the best evidence of a 660.336(b), and 660.337(b)(2), only ‘‘A’’ landing, and of the type of gear used. gear endorsements remain valid with (3) A copy of a written contract re- the transfer of a limited entry permit. serving or conveying limited entry (g) Eligibility. Only a person eligible rights is the best evidence of reserved to own a documented vessel under the or acquired rights. terms of 46 U.S.C. 12102(a) may be (4) Such other relevant, credible evi- issued or may hold (by ownership or dence as the applicant may submit, or otherwise) a limited entry permit. the FMD or the Regional Director re- (h) Vessel size endorsements—(1) Gen- quest or acquire, may also be consid- eral. The limited entry permit will be ered. endorsed with the LOA for the size of (e) Initial decisions. Initial decisions the vessel that initially qualified for regarding issuance, renewal, transfer, the permit, except: and registration of limited entry per- (i) If the permit was initially issued mits, and endorsement upgrade, will be under section 14.3.2.3.8 of the FMP [re made by the FMD. pre-1991 replacement vessels qualifying for ‘‘provisional A’’ permits] for a re- Adverse decisions shall be in writing placement vessel that was more than 5 and shall state the reasons therefor. ft (1.52 m) longer than the replaced ves- The FMD may decline to act on an ap- sel, the permit will be endorsed for the plication for issuance, renewal, trans- size of the replacement vessel. fer, or registration of a limited entry (ii) If the permit was initially issued permit if the permit sanction provi- to a replacement trawl vessel that was sions of the Magnuson Act at 16 U.S.C. more than 5 ft (1.52 m) shorter than the 1858(a) and implementing regulations replaced vessel, it will be endorsed for at 15 CFR part 904, subpart D, apply. the size of the smaller replacement (f) Transfers. Limited entry permits vessel. are transferable as follows: (iii) If the permit is registered for use (1) The permit owner may transfer with a trawl vessel that is more than 5 (by sale, assignment, lease, bequest, in- ft (1.52 m) shorter than the size for testate succession, barter, trade, gift, which the permit is endorsed, it will be or other form of conveyance) the lim- endorsed for the size of the smaller ves- ited entry permit to a different person. sel. The permit holder may register the (iv) When permits are combined into permit for use with a different vessel one permit to be registered for use with under the same ownership, subject to a vessel requiring a larger size endorse- the conditions set forth in this subpart. ment, the new permit will be endorsed (2) Limited entry permits may not be for the size of the larger vessel. transferred to a different holder or reg- (2) Limitations of size endorsements—(i) istered for use with a different vessel A limited entry permit endorsed only more than once every 12 months, ex- for gear other than trawl gear may be cept in cases of death of the permit registered for use with a vessel up to 5 holder or if the permitted vessel is to- ft (1.52 m) longer than, the same length tally lost, as defined at § 600.302. The as, or any length shorter than, the size exception for death of a permit holder endorsed on the existing permit with- applies for a permit held by a partner- out requiring a combination of permits ship or a corporation if the person or under paragraph (i) of this section or a persons holding at least 50 percent of change in the size endorsement. the ownership interest in the entity (ii) A limited entry permit endorsed dies. When a permit transferred from for trawl gear may be registered for use one holder to another holder is ini- with a vessel between 5 ft (1.52 m) tially ‘‘unidentified’’ with regard to shorter and 5 ft (1.52 m) longer than the vessel registration, or when a permit’s size endorsed on the existing permit vessel registration is otherwise ‘‘un- without requiring a combination of identified’’, the transaction is not con- permits under paragraph (i) of this sec- sidered a ‘‘transfer’’ for purposes of tion or a change in the size endorse- this restriction until the permit is reg- ment under paragraph (h)(1)(iii) of this istered for use with a specific vessel. section.
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(iii) Two or more limited entry per- under the same ownership under mits with ‘‘A’’ gear endorsements for § 660.333. the same type of limited entry gear (c) An ‘‘A’’ endorsement expires on may be combined and reissued as a sin- failure to renew the limited entry per- gle permit with a larger size endorse- mit to which it is affixed (see § 660.333). ment. With respect to permits endorsed for nontrawl limited entry gear, a sa- [61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997] blefish endorsement will be issued for the new permit only if all of the per- § 660.335 Limited entry permits—’’Pro- mits being combined have sablefish en- visional A’’ endorsement. dorsements. If two or more permits (a) A ‘‘provisional A’’ endorsement with sablefish endorsements are com- entitles the holder to participate in the bined, the new permit will receive the limited entry fishery for all groundfish same tier assignment as the tier with species with the type(s) of limited the largest cumulative landing limit of entry gear specified in the endorse- the permits being combined. The vessel ment, except for sablefish harvested harvest capacity rating for each of the north of 36° N. lat. during times and permits being combined is that indi- with gears for which a fixed gear sable- cated in Table 2 of this part for the fish endorsement is required. See LOA (in feet) endorsed on the respec- § 660.336 for provisions regarding sable- tive limited entry permit. Harvest ca- fish endorsement requirements. pacity ratings for fractions of a foot in (b) A ‘‘provisional A’’ endorsement is vessel length will be determined by not transferrable except as specified in multiplying the fraction of a foot in the PCGFMP. vessel length by the difference in the two ratings assigned to the nearest in- (c) The holder of a ‘‘provisional A’’ tegers of vessel length. The length rat- endorsement must comply with the re- ing for the combined permit is that in- quirements set out in the PCGFMP at dicated for the sum of the vessel har- 14.3.2.4 in order for the permit to be up- vest capacity ratings for each permit graded to an ‘‘A’’ permit. being combined. If that sum falls be- (d) A ‘‘provisional A’’ endorsement tween the sums for two adjacent expires at the end of any of the three lengths on Table 2 of this part, the consecutive 365-day periods (during the length rating shall be the higher 3-year qualifying period) in which a length. vessel’s landings do not meet the appli- (i) Limited entry permits indivisible. cable landing requirement or upon fail- Limited entry permits may not be di- ure to renew the limited entry permit. vided for use by more than one vessel. A ‘‘provisional A’’ endorsement that expires will not be reissued. [61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997; 63 FR 34608, June 25, [61 FR 34572, July 2, 1996, as amended at 62 1998; 63 FR 38114, July 15, 1998; 63 FR 40067, FR 34674, June 27, 1997] July 27, 1998; 64 FR 41044, July 29, 1999] § 660.336 Limited entry permits—sable- § 660.334 Limited entry permits—’’A’’ fish endorsement and tier assign- endorsement. ment. (a) A limited entry permit with an (a) General. Participation in the lim- ‘‘A’’ endorsement entitles the holder to ited entry fixed gear sablefish fishery participate in the limited entry fishery during the ‘‘regular’’ or ‘‘mop-up’’ sea- for all groundfish species with the son described in § 660.323 (a)(2)(iii) and type(s) of limited entry gear specified (iv) north of 36° N. lat., requires that an in the endorsement, except for sable- owner of a vessel hold (by ownership or fish harvested north of 36° N. lat. dur- otherwise) a limited entry permit, reg- ing times and with gears for which a istered for use with that vessel, with a sablefish endorsement is required. See longline or trap (or pot) endorsement § 660.336 for provisions regarding sable- and a sablefish endorsement. During a fish endorsement requirements. period when the limited entry sablefish (b) An ‘‘A’’ endorsement is transfer- fishery is restricted to those limited able with the limited entry permit to entry vessels with sablefish endorse- another person, or a different vessel ments, a vessel with a longline or pot
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limited entry permit but without a sa- occurring after it was combined, but blefish endorsement cannot be used to taken within the qualifying period. If harvest sablefish in the open access the current permit is the result of the fishery, even with open access gear. combination of multiple permits, the (1) A sablefish endorsement with a combined catch histories of all of the tier assignment will be affixed to the permits that were combined to create a permit and will remain valid when the new permit before March 12, 1998, will permit is transferred. be used in calculating the tier assign- (2) A sablefish endorsement and its ment for the resultant permit, together associated tier assignment are not sep- with any catch history (during the arable from the limited entry permit, qualifying period) of the resultant per- and therefore may not be transferred mit. Only sablefish catch regulated by separately from the limited entry per- this part that was taken with longline mit. or fish trap (or pot) gear will be consid- (b) Endorsement and tier assignment ered for this endorsement. Sablefish qualifying criteria. A sablefish endorse- harvested illegally or landed illegally ment will be affixed to any limited will not be considered for this endorse- entry permit that meets the sablefish ment. endorsement qualifying criteria and for (2) The sablefish endorsement quali- which the owner submits a timely ap- fying criteria are: At least 16,000 lb plication. Limited entry permits with (7,257.5 kg) round weight of sablefish sablefish endorsements will be assigned caught with longline or trap (or pot) to one of three different cumulative gear in one calendar year from 1984 trip limit tiers, based on the qualifying through 1994. All catch must be sable- catch history of the permit. fish managed under this part. Sablefish (1) Permit catch history will be used taken in tribal set-aside fisheries does to determine whether a permit meets not qualify. the qualifying criteria for a fixed gear (3) Only limited entry, fixed gear per- sablefish endorsement and to deter- mits with sablefish endorsements will mine the appropriate tier assignment receive cumulative trip limit tier as- for endorsed permits. Permit catch his- signments. The qualifying criteria for tory includes the catch history of the Tier 1 are: At least 898,000 lb (406,794 vessel(s) that initially qualified for the kg) cumulative round weight of sable- permit, and subsequent catch histories fish caught with longline or trap (or accrued when the limited entry permit pot) gear over the years 1984 through or permit rights were associated with 1994. The qualifying criteria for Tier 2 other vessels. The catch history of a are: At least 380,000 lb (172,365 kg), but permit also includes the catch of any no more than 897,999 lb (406,793 kg) cu- interim permit held by the current mulative round weight of sablefish owner of the permit during the appeal caught with longline or trap (or pot) of an initial NMFS decision to deny the gear over the years 1984 through 1994. initial issuance of a limited entry per- Fixed gear permits with less than mit, but only if the appeal for which an 380,000 lb (172,365 kg) cumulative round interim permit was issued was lost by weight of sablefish caught with the appellant, and the owner’s current longline or trap (or pot) gear over the permit was used by the owner in the years 1984 through 1994 qualify for Tier 1995 limited entry sablefish fishery. 3. All catch must be sablefish managed The catch history of an interim permit under this part. Sablefish taken in where the full ‘‘A’’ permit was ulti- tribal set aside fisheries does not qual- mately granted will also be considered ify. part of the catch history of the ‘‘A’’ (c) Issuance process for sablefish en- permit. If the current permit is the re- dorsements. (1) The SFD has notified sult of the combination of multiple each limited entry, fixed gear permit permits, then for the combined permit holder, by letter of qualification sta- to qualify for an endorsement, at least tus, whether Pacific States Marine one of the permits that were combined Fisheries Commission’s Pacific Fish- must have had sufficient sablefish his- eries Information Network (PacFIN) tory to qualify for an endorsement; or records indicate that his or her permit the permit must qualify based on catch qualifies for a sablefish endorsement. A
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person who has been notified by the not be referred to the Council for a rec- SFD, by letter of qualification status, ommendation under § 660.340(e). that his or her permit qualifies for a (6) Absent good cause for further sablefish endorsement will be issued a delay, the Regional Administrator will revised limited entry permit with a sa- issue a written decision on the appeal blefish endorsement if, by November 30, within 45 days of receipt of the appeal. 1998, that person returns to the SFD The Regional Administrator’s decision the endorsement application and pays is the final administrative decision of the one-time processing fee. No new ap- the Department of Commerce as of the plications for sablefish endorsements date of the decision. will be accepted after November 30, (d) Issuance process for tier assign- 1998. ments. (1) The SFD will notify each (2) If the permit owner receives a let- owner of a limited entry permit with a ter of qualification status from the sablefish endorsement, by letter of FMD indicating that PacFIN records qualification status, of the tier assign- do not show that his or her permit ment for which his or her permit quali- qualifies for a sablefish endorsement fies, as indicated by PacFIN records. and if the permit owner believes that The SFD will also send to the permit there is sufficient evidence to show owner a tier assignment certificate. that his or her permit does qualify for (2) If a permit owner believes there is an endorsement, that permit holder sufficient evidence to show that his or must submit information to the FMD her permit qualifies for a different tier to demonstrate that the permit does than that listed in the letter of quali- qualify for a sablefish endorsement fication status, that permit owner within 30 days of the issuance of the FMD’s letter of qualification status. must, within 30 days of the issuance of Section 660.333(d) sets out the relevant the SFD’s letter of qualification sta- evidentiary standards and burden of tus, submit information to the SFD to proof. demonstrate that the permit qualifies (3) After review of the evidence sub- for a different tier. Section 660.333(d) mitted under § 660.336(c)(2), and any ad- sets out the relevant evidentiary ditional information the FMD finds to standards and burden of proof. be relevant, the FMD will notify a per- (3) After review of the evidence sub- mit owner if the permit qualifies for a mitted under paragraph (d)(2) of this sablefish endorsement. A person whose section, and any additional informa- permit qualifies will be issued a revised tion the SFD finds to be relevant, the limited entry permit with a sablefish SFD will issue a letter of determina- endorsement upon payment of the one- tion notifying a permit owner of time processing fee. whether the evidence submitted is suf- (4) After review of the evidence sub- ficient to alter the initial tier assign- mitted under § 660.336(c)(2), and any ad- ment. If the SFD determines the per- ditional information the FMD finds to mit qualifies for a different tier, the be relevant, the FMD will notify a per- permit owner will be issued a revised mit owner of his determination that tier assignment certificate once the the permit does not qualify for a sable- initial certificate is returned to the fish endorsement. SFD for processing. (5) If permit holder wishes to file an (4) If a permit owner chooses to file appeal of the determination under an appeal of the determination under § 660.336(c)(4), the appeal must be filed paragraph (d)(3) of this section, the ap- with the Regional Administrator with- peal must be filed with the Regional in 30 days of the issuance of the letter Administrator within 30 days of the (at § 660.336(c)(4)). The appeal must be issuance of the letter of determination in writing and must allege facts or cir- (at paragraph (d)(3) of this section). cumstances, and include credible evi- The appeal must be in writing and dence, demonstrating why the permit must allege facts or circumstances, and (or interim permit) qualifies for the sa- include credible evidence dem- blefish endorsement. The appeal of a onstrating why the permit qualifies for denial of a sablefish endorsement will a different tier assignment. The appeal
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of a denial of an application for a dif- numbers necessary to reach but not ex- ferent tier assignment will not be re- ceed the harvest guideline or quota. ferred to the Council for a rec- ‘‘Designated species B’’ endorsements ommendation under § 660.340(e). also may be issued for delivery to for- (5) Absent good cause for further eign processors of designated species delay, the Regional Administrator will for which a JVP is established. If, at issue a written decision on the appeal any time during the fishing year, the within 30 days of receipt of the appeal. FMD determines that any part of the The Regional Administrator’s decision limited entry fleet commitment will is the final administrative decision of not be taken, the Regional Director the Department of Commerce as of the date of the decision. will make a reapportionment to the (e) Tier assignment certificates. For the ‘‘designated species B’’ endorsement 1998 season only, permit holders with catch limit. The amount of the annual sablefish endorsements will be issued limited entry fleet commitment, ‘‘des- certificates of tier assignment that are ignated species B’’ endorsement catch to be kept with and are considered part limit, and the amounts and timing of of their limited entry permits. When any reapportionments to the ‘‘des- limited entry permit holders renew ignated species B’’ endorsement catch their permits for 1999, tier assignments limit will be announced in the FEDERAL for those limited entry permit holders REGISTER. with sablefish endorsements will be in- (3) Procedure for issuance. Owners of dicated directly on the limited entry vessels applying for ‘‘designated spe- permit. cies B’’ endorsements must apply on or [62 FR 34674, June 27, 1997, as amended at 63 before November 1 of each year for a FR 38114, July 15, 1998] ‘‘designated species B’’ endorsement for the following year. Applications are § 660.337 Limited entry permits—‘‘des- available from the FMD. Applicants ignated species B’’ endorsement. are required to specify their commit- (a) Issuance criteria—(1) General. Des- ments for delivery of the designated ignated species means Pacific whiting, species for the coming year. On or ° jack mackerel north of 39 N. lat., and about November 1 of each year, the shortbelly rockfish. Bycatch allow- FMD will establish a prioritized list of ances in fisheries for these species will applicants based on seniority (number be established using the procedures of years the vessel has fished for the specified for incidental allowances in designated species). A vessel which re- joint venture and foreign fisheries in the PCGFMP. places a lost vessel, consistent with the (2) Catch limit. On or about October 1 standards in the PCGFMP, has the of each year, the FMD will determine same seniority status as the replaced the commitment of persons with lim- vessel. Vessels with equal seniority ited entry permits with ‘‘A’’ gear en- will be ranked equally. ‘‘Designated dorsements (the ‘‘limited entry fleet’’) species B’’ endorsements will be issued to harvest each designated species for first to all vessels with the highest se- delivery to domestic processors during niority, then to those with the next the coming year. ‘‘Commitment’’ highest seniority, and so on down the means a permit holder’s contract or list. No further endorsements will be agreement with a specific domestic issued when it is estimated that the processor to deliver an estimated commitments of applicants receiving amount of the designated species. The endorsements is sufficient to take the ‘‘designated species B’’ endorsement ‘‘designated species B’’ catch limit. If catch limit is the harvest guideline or there are insufficient commitments by quota for the designated species minus senior applicants to take the ‘‘des- the commitment of the limited entry ignated species B’’ catch limit, addi- fleet. If the commitment is less than tional applications will be ranked by DAP and the harvest guideline or lottery and a number of endorsements quota for the species, ‘‘designated spe- sufficient to take the catch limit will cies B’’ endorsements valid for delivery be issued. to domestic processors will be issued in
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(b) Attributes. (1) A limited entry per- endorsement will be issued. Permits mit with a ‘‘designated species B’’ en- issued under this section will be issued dorsement entitles the permit recipi- according to the procedures and stand- ent to fish only for the species, and ards set out in the PCGFMP and will only with the gear, specified in the en- carry the rights explained therein. dorsement. (c) An owner of a vessel that qualifies (2) A ‘‘designated species B’’ endorse- under this section must apply to the ment is not transferable to another FMD for a permit within 180 days of in- person, and may not be used with a dif- corporation of the limited entry fleet ferent vessel under the same owner- of which the vessel is a part or within ship, unless the vessel has been totally 180 days of the effective date of the pro- lost and replaced consistent with the hibition of that vessel’s gear. Untimely provisions of the PCGFMP, in which applications will be rejected unless the case the replacement vessel has the applicant demonstrates that cir- same seniority as the lost vessel for cumstances beyond the applicant’s con- purposes of a ‘‘designated species B’’ trol prevented submission of the appli- endorsement. cation during the specified period. Ill- (3) A ‘‘designated species B’’ endorse- ness, injury, or death of the potential ment is valid only for the fishing year applicant are the primary grounds on for which it is issued. which untimely applications may be accepted. § 660.338 Limited entry permits—new permits. § 660.339 Limited entry permit fees. (a) Small limited entry fisheries that The Regional Director will charge are controlled by a local government, fees to cover administrative expenses are in existence as of July 11, 1991, and related to issuance of limited entry have negligible impacts on the ground- permits, including initial issuance, re- fish resource, may be certified as con- newal, transfer, vessel registration, re- sistent with the goals and objectives of placement, and appeals. The appro- the limited entry program and incor- priate fee must accompany each appli- porated into the limited entry fishery. cation. Permits issued under this subsection will be issued according to the stand- § 660.340 Limited entry permit ap- ards and procedures set out in the peals. PCGFMP and will carry the rights ex- (a) Decisions on appeals of initial de- plained therein. Window period is that cisions regarding issuance, renewal, period from July 11, 1984, through Au- transfer, and registration of limited gust 1, 1988. entry permits, and endorsement up- (b) If, after the window period, an ex- grade, will be made by the Regional Di- empt gear is prohibited by Washington, rector. Oregon, or California or NMFS, the (b) Appeals decisions shall be in writ- owners of vessels using such gear, who ing and shall state the reasons there- would not otherwise qualify for an ‘‘A’’ for. or ‘‘provisional A’’ endorsement, may (c) Within 30 days of an initial deci- qualify for a ‘‘provisional A’’ endorse- sion by the FMD denying issuance, re- ment for only one of the three limited newal, transfer, or registration of a entry gears, if the vessel used the pro- limited entry permit, or endorsement hibited gear to make sufficient land- upgrade, on the terms requested by the ings of groundfish during the window applicant, an appeal may be filed with period to meet the MLR for the limited the Regional Director. entry gear. If a vessel would qualify for (d) The appeal must be in writing, an endorsement for more than one lim- and must allege facts or circumstances ited entry gear, the owner must choose to show why the criteria in this sub- the type of gear for which the endorse- part have been met, or why an excep- ment will be issued. If an ‘‘A’’ or ‘‘pro- tion should be granted. visional A’’ endorsement was pre- (e) At the appellant’s discretion, the viously issued for the vessel, and the appeal may be accompanied by a re- endorsement was subsequently trans- quest that the Regional Director seek a ferred or expired, no ‘‘provisional A’’ recommendation from the Council as
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to whether the appeal should be grant- cluding fish from survey samples or ed. Such a request must contain the compensation fish) will be determined appellant’s acknowledgement that the through normal Federal procurement confidentiality provisions of the Mag- procedures. The compensation EFP nuson Act at 16 U.S.C. 1853(d) and part will specify the maximum amount or 600 of this chapter are waived with re- value of fish the vessel may take and spect to any information supplied by retain after the resource survey is com- the Regional Director to the Council pleted. and its advisory bodies for purposes of (1) Competitive offers. NMFS may ini- receiving the Council’s recommenda- tiate a competitive solicitation (re- tion on the appeal. In responding to a quest for proposals or RFP) to select request for a recommendation on ap- vessels to conduct resource surveys peal, the Council will apply the provi- that use fish as full or partial com- sions of the PCGFMP in making its pensation, following normal Federal recommendation as to whether the ap- procurement procedures. peal should be granted. (2) Consultation and approval. At a (f) Absent good cause for further Council meeting, NMFS will consult delay, the Regional Director will issue with the Council and receive public a written decision on the appeal within comment on upcoming resource sur- 45 days of receipt of the appeal, or, if a veys to be conducted if groundfish recommendation from the Council is could be used as whole or partial com- requested, within 45 days of receiving pensation. Generally, compensation the Council’s recommendation. The Re- fish would be similar to surveyed spe- gional Director’s decision is the final cies, but there may be reasons to pro- administrative decision of the Depart- vide payment with healthier, more ment as of the date of the decision. abundant, less restricted stocks, or more easily targeted species. For ex- § 660.341 Limited entry permit sanc- ample, NMFS may decline to pay a ves- tions. sel with species that are, or are ex- Limited entry permits issued or ap- pected to be, overfished, or that are plied for under this subpart are subject subject to overfishing, or that are un- to sanctions pursuant to the Magnuson avoidably caught with species that are Act at 16 U.S.C. 1858(g) and 15 CFR part overfished or subject to overfishing. 904, subpart D. NMFS may also consider levels of dis- cards, bycatch, and other factors. If the § 660.350 Compensation with fish for Council does not approve providing collecting resource information— whole or partial compensation for the exempted fishing permits off Wash- conduct of a survey, NMFS will not use ington, Oregon, and California. fish, other than fish taken during the In addition to the reasons stated in scientific research, as compensation § 600.745(b)(1) of this chapter, an EFP for that survey. For each proposal, may be issued under this subpart G for NMFS will present: the purpose of compensating the owner (i) The maximum number of vessels or operator of a vessel for collecting re- expected or needed to conduct the sur- source information according to a pro- vey, tocol approved by NMFS. NMFS may (ii) An estimate of the species and issue an EFP allowing a vessel to re- amount of fish likely to be needed as tain fish as compensation in excess of compensation, trip limits or to be exempt from other (iii) When the survey and compensa- specified management measures for the tion fish would be taken, and Pacific coast groundfish fishery. (iv) The year in which the compensa- (a) Compensation EFP for vessels under tion fish would be deducted from the contract with NMFS to conduct a resource ABC before determining the optimum survey. NMFS may issue an EFP to the yield (harvest guideline or quota). owner or operator of a vessel that con- (3) Issuance of the compensation EFP. ducted a resource survey according to a Upon successful completion of the sur- contract with NMFS. A vessel’s total vey, NMFS will issue a ‘‘compensation compensation from all sources (in EFP’’ to the vessel if it has not been terms of dollars or amount of fish, in- fully compensated. The procedures in
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§ 600.745(b)(1) through (b)(4) of this whether a vessel’s participation is con- chapter do not apply to a compensation tingent upon compensation with EFP issued under this subpart for the groundfish and, if so, the minimum Pacific coast groundfish fishery (50 amount (in metric tons, round weight) CFR part 660, subpart G). and the species. As with other EFPs (4) Terms and conditions of the com- issued under § 600.745 of this chapter, pensation EFP. Conditions for disposi- the application may be submitted by tion of bycatch or any excess catch, for any individual, including a state fish- reporting the value of the amount ery management agency or other re- landed, and other appropriate terms search institution. and conditions may be specified in the (2) Denial. In addition to the reasons EFP. Compensation fishing must occur stated in § 600.745(b)(3)(iii) of this chap- during the period specified in the EFP, ter, the application will be denied if but no later than the end of September the requested compensation fishery, of the fishing year following the sur- species, or amount is unacceptable for vey, and must be conducted according reasons such as, but not limited to, the to the terms and conditions of the following: NMFS concludes the value EFP. of the resource information is not com- (5) Reporting the compensation catch. mensurate with the value of the com- The compensation EFP may require pensation fish; the proposed compensa- the vessel owner or operator to keep tion involves species that are (or are separate records of compensation fish- expected to be) overfished or subject to ing and to submit them to NMFS with- overfishing, fishing in times or areas in a specified period of time after the where fishing is otherwise prohibited compensation fishing is completed. or severely restricted, or fishing for (6) Accounting for the compensation catch. As part of the annual specifica- species that would involve unavoidable tions process (§ 660.321), NMFS will ad- bycatch of species that are overfished vise the Council of the amount of fish or subject to overfishing; or NMFS con- authorized to be retained under a com- cludes the information can reasonably pensation EFP, which then will be de- be obtained at a less cost to the re- ducted from the next year’s ABCs be- source. fore setting the HGs or quotas. Fish au- (3) Window period for other applica- thorized in an EFP too late in the year tions. If the RA or designee agrees that to be deducted from the following compensation should be considered, year’s ABC will be accounted for in the and that more than a minor amount next management cycle practicable. would be used as compensation, then a (b) Compensation for commercial vessels window period will be announced in the collecting resource information under a FEDERAL REGISTER during which addi- standard EFP. NMFS may issue an EFP tional participants will have an oppor- to allow a commercial fishing vessel to tunity to apply. This notification take and retain fish in excess of cur- would be made at the same time as an- rent management limits for the pur- nouncement of receipt of the applica- pose of collecting resource information tion and request for comments required (§ 600.745(b) of this chapter). The EFP under § 660.745(b). If there are more may include a compensation clause qualified applicants than needed for a that allows the participating vessel to particular time and area, NMFS will be compensated with fish for its efforts choose among the qualified vessels, ei- to collect resource information accord- ther randomly, in order of receipt of ing to NMFS’ approved protocol. If the completed application, or by other compensation with fish is requested in impartial selection methods. If the per- an EFP application, or proposed by mit applicant is a state, university, or NMFS, the following provisions apply Federal entity other than NMFS, and in addition to those at § 600.745(b) of NMFS approves the selection method, this chapter. the permit applicant may choose (1) Application. In addition to the re- among the qualified vessels, either ran- quirements in § 600.745(b) of this chap- domly, in order of receipt of the vessel ter, application for an EFP with a com- application, or by other impartial se- pensation clause must clearly state lection methods.
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(4) Terms and conditions. The EFP will the midpoint of the clavicle arch (see specify the amounts that may be taken Figure 3 of this subpart) and the fork as scientific samples and as compensa- of the tail, measured along the lateral tion, the time period during which the line while the fish is lying on its side, compensation fishing must occur, man- without resort to any force or mutila- agement measures that NMFS will tion of the fish other than removal of waive for a vessel fishing under the the head, gills, and entrails (see Figure EFP, and other terms and conditions 3 of this subpart). appropriate to the fishery and the col- Dressed, head-off salmon means salm- lection of resource information. NMFS on that have been beheaded, gilled, and may require compensation fishing to gutted without further separation of occur on the same trip that the re- vertebrae, and are either being pre- source information is collected. pared for on-board freezing, or are fro- (5) Accounting for the catch. Samples zen and will remain frozen until land- taken under this EFP, as well as any ed. compensation fish, count toward the Fishery management area means the current year’s catch or landings. EEZ off the coasts of Washington, Or- egon, and California, bounded on the [64 FR 49101, Sept. 10, 1999] north by the Provisional International EFFECTIVE DATE NOTE: At 64 FR 49101, Boundary between the United States Sept. 10, 1999, § 660.350 was added, effective and Canada, and bounded on the south Oct. 12, 1999. by the International Boundary between the United States and Mexico. The Subpart H—West Coast Salmon northeastern, northern, and north- Fisheries western boundaries of the fishery man- agement area are as follows: § 660.401 Purpose and scope. (1) Northeastern boundary—that part This subpart implements the Fishery of a line connecting the light on Management Plan for Commercial and Tatoosh Island, WA, with the light on Recreational Salmon Fisheries Off the Bonilla Point on Vancouver Island, Coasts of Washington, Oregon, and British Columbia, southerly of the California developed by the Pacific International Boundary between the Fishery Management Council. These United States and Canada (at 48°29′37″ regulations govern the management of N. lat., 124°43′33″ W. long.), and north- West Coast salmon fisheries in the erly of the point where that line inter- EEZ. sects with the boundary of the U.S. ter- ritorial sea. § 660.402 Definitions. (2) Northern and northwestern bound- In addition to the definitions in the ary is a line 1 connecting the following Magnuson Act and in § 600.10 of this coordinates: chapter, the terms used in this subpart N. lat. W. long. have the following meanings: 48°29′37.19″ 124°43′33.19″ Barbless hook means a hook with a 48°30′11″ 124°47′13″ single shank and point, with no sec- 48°30′22″ 124°50′21″ ° ′ ″ ° ′ ″ ondary point or barb curving or pro- 48 30 14 124 52 52 48°29′57″ 124°59′14″ jecting in any other direction. Where 48°29′44″ 125°00′06″ barbless hooks are specified, hooks 48°28′09″ 125°05′47″ manufactured with barbs can be made 48°27′10″ 125°08′25″ barbless by forcing the point of the 48°26′47″ 125°09′12″ barb flat against the main part of the 48°20′16″ 125°22′48″ point. 48°18′22″ 125°29′58″ ° ′ ″ ° ′ ″ Commercial fishing means fishing with 48 11 05 125 53 48 47°49′15″ 126°40′57″ troll fishing gear as defined annually 47°36′47″ 127°11′58″ under § 660.408, or fishing for the pur- 47°22′00″ 127°41′23″ pose of sale or barter of the catch. Council means the Pacific Fishery 1 The line joining these coordinates is the Management Council. provisional international boundary of the Dressed, head-off length of salmon U.S. EEZ as shown on NOAA/NOS Charts means the shortest distance between #18480 and #18002.
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46°42′05″ 128°51′56″ Chinook (king) salmon, Oncorhynchus 46°31′47″ 129°07′39″ tshawytscha Coho (silver) salmon, Oncorhynchus kisutch (3) The southern boundary of the Pink (humpback) salmon, Oncorhynchus fishery management area is the U.S.- gorbuscha Mexico International Boundary, which Chum (dog) salmon, Oncorhynchus keta is a line connecting the following co- Sockeye (red) salmon, Oncorhynchus nerka ordinates: Steelhead (rainbow trout), Oncorhynchus N. lat. W. long. mykiss 32°35′22″ 117°27′49″ Total length of salmon means the 32°37′37″ 117°49′31″ 31°07′58″ 118°36′18″ shortest distance between the tip of 30°32′31″ 121°51′58″ the snout or jaw (whichever extends furthest while the mouth is closed) and (4) The inner boundaries of the fish- the tip of the longest lobe of the tail, ery management area are subject to without resort to any force or mutila- change if the Secretary assumes re- tion of the salmon other than fanning sponsibility for the regulation of the or swinging the tail. salmon fishery within state waters under section 306(b) of the Magnuson Treaty Indian fishing means fishing Act. for salmon and steelhead in the fishery Freezer trolling vessel means a fishing management area by a person author- vessel, equipped with troll fishing gear, ized by the Makah Tribe to exercise that has a present capability for: fishing rights under the Treaty with (1) On board freezing of the catch. the Makah, or by the Quileute, Hoh, or (2) Storage of the fish in a frozen con- Quinault Tribes to exercise fishing dition until they are landed. rights under the Treaty of Olympia. Land or landing means to begin Troll fishing gear will be defined annu- transfer of fish from a fishing vessel. ally under § 660.408. Once transfer begins, all fish onboard Whole bait means a hook or hooks the vessel are counted as part of the baited with whole natural bait with no landing. device to attract fish other than a Plugs means artificial fishing lures flasher. made of wood or hard plastic with one or more hooks attached. Lures com- § 660.403 Relation to other laws. monly known as ‘‘spoons,’’ ‘‘wobblers,’’ (a) The relation of this part to other ‘‘dodgers,’’ and flexible plastic lures laws is set forth in § 600.705 of this are not considered plugs, and may not chapter, § 660.2, and paragraphs (b) and be used where ‘‘plugs only’’ are speci- (c) of this section. fied. (b) Any person fishing subject to this Recreational fishing means fishing subpart who also engages in fishing for with recreational fishing gear as de- groundfish should consult Federal reg- fined annually under § 660.408 and not ulations in subpart G for applicable re- for the purpose of sale or barter. quirements of that subpart, including Recreational fishing gear will be de- the requirement that vessels engaged fined annually under § 660.408. in commercial fishing for groundfish Regional Director means the Director, (except commercial passenger vessels) Northwest Region, NMFS, or a des- ignee. For fisheries occurring pri- have vessel identification in accord- marily or exclusively in the fishery ance with § 660.305. management area seaward of Cali- (c) Any person fishing subject to this fornia, Regional Director means the Di- subpart is bound by the international rector, Northwest Region, NMFS, act- boundaries of the fishery management ing in consultation with the Director, area described in § 660.402, notwith- Southwest Region, NMFS. standing any dispute or negotiation be- Salmon means any anadromous spe- tween the United States and any neigh- cies of the family Salmonidae and boring country regarding their respec- genus Oncorhynchus, commonly known tive jurisdictions, until such time as as Pacific salmon, including, but not new boundaries are published by the limited to: United States. 447
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§ 660.404 Recordkeeping and report- fishing vessel, except that this provi- ing. sion does not prohibit transit of an (a) This subpart recognizes that area when salmon of less than the legal catch and effort data necessary for im- minimum length for that area are on plementation of any applicable fishery board, so long as no fishing is being management plan are collected by the conducted. States and Indian tribes of Wash- (4) Remove the head of any salmon ington, Oregon, California, and Idaho caught in the fishery management under existing data collection require- area, or possess a salmon with the head ments. Except as provided in paragraph removed, if that salmon has been (b) of this section, no additional catch marked by removal of the adipose fin reports will be required of fishermen or to indicate that a coded wire tag has processors so long as the data collec- been implanted in the head of the fish. tion and reporting systems operated by (5) Take and retain or possess on State agencies and Indian tribes con- board a fishing vessel any species of tinue to provide NMFS with statistical salmon that is less than the applicable information adequate for management. minimum total length, including the (b) Persons engaged in commercial applicable minimum length for dressed, fishing may be required to submit head-off salmon. catch reports that are specified annu- (6) Possess on board a fishing vessel a ally under § 660.408. salmon, for which a minimum total length is extended or cannot be deter- EFFECTIVE DATE NOTE: At 61 FR 34600, July mined, except that dressed, head-off 2, 1996, § 660.404 was added. This section con- salmon may be possessed on board a tains information collection and record- keeping requirements and will not become freezer trolling vessel, unless the effective until approval has been given by adipose fin of such salmon has been re- the Office of Management and Budget. moved. (7) Fail to return to the water imme- § 660.405 Prohibitions. diately and with the least possible in- (a) In addition to the general prohibi- jury any salmon the retention of which tions specified in § 600.725 of this chap- is prohibited by this subpart. ter, it is unlawful for any person to do (8) Engage in recreational fishing any of the following: while aboard a vessel engaged in com- (1) Take and retain or land salmon mercial fishing. This restriction is not caught with a net in the fishery man- intended to prohibit the use of fishing agement area, except that a hand-held gear otherwise permitted under the net may be used to bring hooked salm- definitions of troll and recreational on on board a vessel. fishing gear, so long as that gear is (2) Fish for, or take and retain, any legal in the fishery for which it is being species of salmon: used. (i) During closed seasons or in closed (9) Take and retain, possess, or land areas; any steelhead taken in the course of (ii) While possessing on board any commercial fishing in the fishery man- species not allowed to be taken in the agement area, unless such take and re- area at the time; tention qualifies as treaty Indian fish- (iii) Once any catch limit is attained; ing. (iv) By means of gear or methods (10) Sell, barter, offer to sell, offer to other than recreational fishing gear or barter, or purchase any salmon taken troll fishing gear, or gear authorized in the course of recreational salmon under § 660.408(k) for treaty Indian fish- fishing. ing; (11) Refuse to submit fishing gear or (v) In violation of any action issued catch subject to such person’s control under this subpart; or to inspection by an authorized officer, (vi) In violation of any applicable or to interfere with or prevent, by any area, season, species, zone, gear, daily means, such an inspection. bag limit, or length restriction. (12) Take and retain Pacific halibut (3) Fish for salmon in an area when (Hippoglossus stenolepis) except in ac- salmon of less than the legal minimum cordance with regulations of the Inter- length for that area are on board the national Pacific Halibut Commission
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at part 300 of this title. Pacific halibut dian fisheries by publishing the action that cannot be retained lawfully must in the FEDERAL REGISTER under be returned to the water immediately § 660.411. Management specifications and with the least possible injury. are set forth in paragraphs (b) through (13) Violate any other provision of (n) of this section. this subpart. (b) Allowable ocean harvest levels. The (b) The fishery management area is allowable ocean harvest for commer- closed to salmon fishing except as cial, recreational, and treaty Indian opened by this subpart or superseding fishing may be expressed in terms of regulations or notices. All open fishing season regulations expected to achieve periods begin at 0001 hours and end at a certain optimum harvest level or in 2400 hours local time on the dates spec- terms of a particular number of fish. ified. Procedures for determining allowable ocean harvest vary by species and fish- § 660.406 Exempted fishing. ery complexity, and are documented in (a) NMFS may allow such exempted the fishery management plan and fishing in the fishery management area Council documents. as may be recommended by the Coun- (c) Allocation of ocean harvest levels— cil, the Federal Government, state gov- (1) Coho and chinook from the U.S.-Can- ernment, or treaty Indian tribes having ada border to Cape Falcon—(i) Overall al- usual and accustomed fishing grounds location schedule. Initial allocation of in the fishery management area. coho and chinook salmon north of Cape (b) NMFS will not allow any exempt- Falcon, OR, will be based on the fol- ed fishery recommended by the Council lowing schedule: unless NMFS determines that the pur- pose, design, and administration of the Percentage 1 Allowable non-treaty ocean harvest exempted fishery are consistent with (thousands of fish) Com- Rec- the goals and objectives of the Coun- mercial reational cil’s fishery management plan, the na- Coho: tional standards (section 301(a) of the 0±300 ...... 25 75 Magnuson Act), and other applicable >300 ...... 60 40 law. Chinook: 0±100 ...... 50 50 (c) Each vessel participating in any >100±150 ...... 60 40 exempted fishery recommended by the >150 ...... 70 30 Council and allowed by NMFS is sub- 1 The percentage allocation is tiered and must be calculated ject to all provisions of this subpart, in additive steps when the harvest level exceeds the initial tier. For example, for a total allowable ocean harvest of except those portions which relate to 150,000 chinook, the recreational allocation would be equal to the purpose and nature of the exempted 50 percent of 100,000 chinook plus 40 percent of 50,000 chi- fishery. These exceptions will be speci- nook or 50,000 + 20,000 = 70,000 chinook. fied in a permit issued by the Regional (ii) Deviations from allocation schedule. Director to each vessel participating in The initial allocation may be modified the exempted fishery and that permit annually in accordance with para- must be carried aboard each partici- graphs (c)(1)(iii) through (vii) of this pating vessel. section. These deviations from the al- location schedule provide flexibility to § 660.407 Treaty Indian fishing. account for the dynamic nature of the Except as otherwise provided in this fisheries and better achieve the alloca- subpart, treaty Indian fishing in any tion objectives and fishery allocation part of the fishery management area is priorities in paragraphs (c)(1)(viii) and subject to the provisions of this sub- (ix) of this section. Total allowable part, the Magnuson Act, and any other ocean harvest will be maximized to the regulations issued under the Magnuson extent possible consistent with treaty Act. obligations, state fishery needs, and spawning requirements. Every effort § 660.408 Annual actions. will be made to establish seasons and (a) General. NMFS will annually es- gear requirements that provide troll tablish or, as necessary, adjust man- and recreational fleets a reasonable op- agement specifications for the com- portunity to catch the available har- mercial, recreational, and treaty In- vest. These may include single-species
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directed fisheries with landing restric- transfer of coho among the rec- tions for other species. reational subareas to meet rec- (iii) Preseason trades. Preseason spe- reational season duration objectives. cies trades (chinook and coho) may be The Council may also establish addi- made if they are based upon the rec- tional subarea quotas with a major ommendation of the commercial and subarea to meet recreational season recreational Salmon Advisory objectives based on agreement of rep- Subpanel representatives for the area resentatives of the affected ports. north of Cape Falcon; simultaneously (A) Coho distribution. The preseason benefit both the commercial and rec- recreational allowable ocean harvest of reational fisheries or benefit one fish- coho north of Cape Falcon will be dis- ery without harming the other; and are tributed to provide 50 percent to the supported by a socio-economic analysis area north of Leadbetter Point and 50 that compares the impacts of the rec- percent to the area south of Leadbetter ommendation to those of the standard Point. In years with no fishery in allocation schedule to determine the Washington State management area allocation that best meets the alloca- 4B, the distribution of coho north of tion objectives. This analysis will be Leadbetter Point will be divided to made available to the public during the provide 74 percent to the subarea be- preseason process for establishing an- tween Leadbetter Point and the Queets nual management measures. Preseason River (Westport) and 26 percent to the trades will use an exchange ratio of subarea north of the Queets River four coho to one chinook as a desirable (Neah Bay/La Push). In years when guideline. there is an area 4B fishery under state (iv) Commercial allocation. The com- management, 25 percent of the numer- mercial allowable ocean harvest of chi- ical value of that fishery shall be added nook and coho derived during the pre- to the recreational allowable ocean season allocation process may be var- harvest north of Leadbetter Point prior ied by major subareas (i.e., north of to applying the sharing percentages. Leadbetter Point and south of That same value would then be sub- Leadbetter Point) if there is need to do tracted from the Neah Bay/La Push so to decrease impacts on weak stocks. Deviations in each major subarea will share in order to maintain the same generally not exceed 50 percent of the total distribution north of Leadbetter allowable ocean harvest of each species Point. that would have been established with- (B) Chinook distribution. Subarea dis- out a geographic deviation in the dis- tributions of chinook will be managed tribution of the allowable ocean har- as guidelines based on calculations of vest. Deviation of more than 50 percent the Salmon Technical Team with the will be based on a conservation need to primary objective of achieving all-spe- protect the weak stocks and will pro- cies fisheries without imposing chi- vide larger overall harvest for the en- nook restrictions (i.e., area closures or tire fishery north of Cape Falcon than bag limit reductions). Chinook in ex- would have been possible without the cess of all-species fisheries needs may deviation. be utilized by directed chinook fish- (v) Recreational allocation. The rec- eries north of Cape Falcon or by nego- reational allowable ocean harvest of tiating a preseason species trade of chi- chinook and coho derived during the nook and coho between commercial preseason allocation process will be and recreational allocations in accord- distributed among the three major rec- ance with paragraph (c)(1)(iii) of this reational subareas as described in the section. coho and chinook distribution sections (vi) Inseason trades and transfers. below. Additionally, based upon the Inseason transfers, including species recommendation of the recreational trades of chinook and coho, may be Salmon Advisory Subpanel representa- permitted in either direction between tives for the area north of Cape Falcon, commercial and recreational fishery the Council will include criteria in its quotas to allow for uncatchable fish in preseason salmon management rec- one fishery to be reallocated to the ommendations to guide any inseason other. Fish will be deemed uncatchable
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by a respective commercial or rec- reational fisheries. When deviation reational fishery only after considering from the allocation schedule is being all possible annual management ac- considered, these objectives will serve tions to allow for their harvest that as criteria to help determine whether a are consistent with the harvest man- user group will benefit from the devi- agement objectives specific in the fish- ation. ery management plan including consid- (A) Provide recreational opportunity eration of single species fisheries. Im- by maximizing the duration of the fish- plementation of inseason transfers will ing season while minimizing daily and require consultation with the pertinent area closures and restrictions on gear commercial and recreational Salmon and daily limits. Advisory Subpanel representatives (B) Maximize the value of the com- from the area involved and the Salmon mercial harvest while providing fish- Technical Team, and a clear establish- eries of reasonable duration. ment of available fish and impacts (ix) Fishery allocation priorities. The from the transfer. Inseason trades or following fishery allocation priorities transfers may vary from the guideline will provide guidance in the preseason ratio of four coho to one chinook to process of establishing final harvest al- meet the allocation objectives in para- locations and structuring seasons that graph (c)(1)(viii) of this section. best achieve the allocation objectives. (vii) Other inseason provisions. Any in- To the extent fish are provided to each crease or decrease in the recreational fishery by the allocation schedule, or commercial allowable ocean harvest these priorities do not favor one user resulting from an inseason restruc- group over the other and should be met turing of a fishery or other inseason simultaneously for each fishery. Sea- management action does not require sons may be structured that deviate reallocation of the overall non-treaty from these priorities consistent with allowable ocean harvest north of Cape the allocation objectives. Falcon between the recreational and commercial fisheries. Inseason redis- (A) At total allowable harvest levels tribution of subarea quotas within the up to 300,000 coho and 100,000 chinook: recreational fishery or the distribution For the recreational fishery, provide of allowable coho catch transfers from coho for a late June through early Sep- the commercial fishery among sub- tember all-species season; provide chi- areas may deviate from the preseason nook to allow access to coho and, if distribution. Inseason management ac- possible, a minimal chinook-only fish- tions may be taken by the Regional Di- ery prior to the all-species season; and rector to assure meeting the primary adjust days per week and/or institute objective of achieving all-species fish- area restrictions to stabilize season du- eries without imposing chinook restric- ration. For the commercial fishery, tions in each of the recreational sub- provide chinook for a May and early areas north of Cape Falcon. Such ac- June chinook season and provide coho tions might include, but are not lim- for hooking mortality and/or access to ited to: Closure from 0 to 3, 0 to 6, 3 to a pink fishery, and ensure that part of 200, or 5 to 200 nm from shore; closure the chinook season will occur after from a point extending due west from June 1. Tatoosh Island for 5 nm, then south to (B) At total allowable harvest levels a point due west of Umatilla Reef above 300,000 coho and above 100,000 Buoy, then due east to shore; closure chinook: For the recreational fishery, from North Head at the Columbia relax any restrictions in the all-species River mouth north to Leadbetter fishery and/or extend the all-species Point; change in species that may be season beyond Labor Day as coho landed; or other actions as prescribed quota allows; provide chinook for a Me- in the annual management measures. morial Day through late June chinook- (viii) Allocation objectives. The goal of only fishery; and adjust days per week allocating ocean harvest north of Cape to ensure continuity with the all-spe- Falcon is to achieve, to the greatest cies season. For the commercial fish- degree possible, the following objec- ery, provide coho for an all-species sea- tives for the commercial and rec- son in late summer and/or access to a
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pink fishery; and leave adequate chi- Allowable Commercial Recreational nook from the May through June sea- ocean harvest son to allow access to coho. Number Number (thou- (thou- Percent- (thou- Percent- (2) Coho south of Cape Falcon—(i) Allo- sands of age age fish) sands) sands) cation schedule. Preseason allocation shares of coho salmon south of Cape 900 610 67.8 290 32.2 Falcon, OR, will be determined by an 800 520 65.0 280 35.0 700 434 62.0 266 38.0 allocation schedule, which is based on 600 348 58.0 252 42.0 the following formula. The formula 500 262 52.4 238 47.6 will be used to interpolate between al- 400 176 44.0 224 56.0 350 133 38.0 217 62.0 lowable harvest levels as shown in the 300 100 33.3 200 66.7 table below. 200 1 33 1 16.5 1 167 1 83.5 (A) Up to 350,000 allowable ocean har- 100 (1)(1)(1)(1) vest: The first 150,000 fish will be allo- 1 An incidental coho allowance associated with any com- cated to the recreational fishery. Addi- mercial all-salmon-except-coho fishery will be deducted from the recreational share of coho during periods of low coho tional fish will be allocated 66.7 percent abundance when the commercial allocation of coho under the to troll and 33.3 percent to rec- schedule would be insufficient to allow for incidental hooking mortality of coho in the commercial all-salmon-except-coho reational. The incidental coho mor- fishery. tality for a commercial all-salmon-ex- (ii) Geographic distribution. Allowable cept-coho fishery will be deducted from harvest south of Cape Falcon may be the troll allocation. If the troll alloca- divided and portions assigned to sub- tion is insufficient for this purpose, the areas based on considerations includ- remaining number of coho needed for ing, but not limited to, controlling this estimated incidental coho mor- ocean harvest impacts on depressed, tality will be deducted from the rec- viable natural stocks within acceptable reational share. maximum allowable levels; stock abun- (B) From 350,000 to 800,000 allowable dance; allocation considerations; stock ocean harvest: The recreational alloca- specific impacts; relative abundance of tion is equal to 14 percent of the allow- the salmon species in the fishery; able harvest above 350,000 fish, plus escapement goals; and maximizing har- 217,000 fish. The remainder of the al- vest potential. lowable ocean harvest will be allocated (iii) Recreational allocation at 167,000 to the troll fishery. fish or less. When the recreational allo- (C) Above 800,000 allowable ocean har- cation is at 167,000 fish or less, the vest: The recreational allocation is total recreational allowable ocean har- equal to 10 percent of the allowable vest of coho will be divided between harvest above 800,000 fish, plus 280,000 two major subareas with independent fish. The remainder of the allowable impact quotas. The initial allocation ocean harvest will be allocated to the will be 70 percent from Cape Falcon to troll fishery. Humbug Mountain and 30 percent south of Humbug Mountain. Coho Allowable Commercial Recreational ocean transfers between the two impact harvest quotas may be permitted on a one-for- (thou- Number Percent- Number Percent- (thou- (thou- one basis, if chinook constraints pre- sands of sands) age sands) age fish) clude access to coho. Horse Mountain 2,700 2,230 82.6 470 17.4 to Point Arena will be managed for an 2,600 2,140 82.3 460 17.7 impact guideline of 3 percent of the 2,500 2,050 82.0 450 18.0 south of Cape Falcon recreational allo- 2,400 1,960 81.7 440 18.3 2,300 1,870 81.3 430 18.7 cation. The recreational coho fishery 2,200 1,780 80.9 420 19.1 between Humbug Mountain and Point 2,100 1,690 80.5 410 19.5 Arena may be closed when it is pro- 2,000 1,600 80.0 400 20.0 1,900 1,510 79.5 390 20.5 jected that the harvest impact between 1,800 1,420 78.9 380 21.1 Humbug Mountain and Point Arena, 1,700 1,330 78.2 370 21.8 combined with the projected harvest 1,600 1,240 77.5 360 22.5 1,500 1,150 76.7 350 23.3 impact that will be taken south of 1,400 1,060 75.7 340 24.3 Point Arena to the end of the season, 1,300 970 74.6 330 25.4 equals the impact quota for south of 1,200 880 73.3 320 26.7 1,100 790 71.8 310 28.2 Humbug Mountain. The recreational 1,000 700 70.0 300 30.0 fishery for coho salmon south of Point
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Arena will not close upon attainment plifies management of a fishery, or pro- of the south of Humbug Mountain im- motes wise use of fishery resources by, pact quota. for example, separating fish stocks, fa- (iv) Oregon coastal natural coho. At cilitating enforcement, separating con- Oregon coastal natural coho spawning flicting fishing activities, or facili- escapements of 28 or fewer adults per tating harvest opportunities. Manage- mile, the allocation provisions of para- ment boundaries and zones will be de- graph (c)(2)(i) of this section do not scribed by geographical references, co- apply. Fisheries will be established ordinates (latitude and longitude), that will provide only the minimum in- LORAN readings, depth contours, dis- cidental harvest of Oregon coastal nat- tance from shore, or similar criteria. ural coho necessary to prosecute other (e) Minimum harvest lengths. The min- fisheries, and that under no cir- imum harvest lengths for commercial, cumstances will cause irreparable recreational, and treaty Indian fishing harm to the Oregon coastal natural may be changed upon demonstration coho stock. that a useful purpose will be served. For example, an increase in minimum EDITORIAL NOTE: At 64 FR 26328, May 14, size for commercially caught salmon 1999, the following paragraph (c)(2)(iv) was revised, effective June 14, 1999, however, the may be necessary for conservation or effectiveness of § 660.408 has never been estab- may provide a greater poundage and lished since approval of the information col- monetary yield from the fishery while lection requirements has not been published not substantially increasing hooking in the FEDERAL REGISTER. mortality. The removal of a minimum (iv) Oregon coastal natural coho. The size for the recreational fishery may allocation provisions in paragraph prevent wastage of fish and outweigh (c)(2) of this section provide guidance the detrimental impacts of harvesting only when coho abundance permits a immature fish. directed coho harvest, not when the al- (f) Recreational daily bag limits. Rec- lowable harvest impacts are insuffi- reational daily bag limits for each fish- cient to allow coho retention south of ing area will be set equal to one, two, Cape Falcon. At such low levels, allow- or three salmon of some combination able harvest impacts will be allocated of species. The recreational daily bag during the Council’s preseason process. limits for each fishing area will be set (v) Inseason reallocation. No later to maximize the length of the fishing than August 15 each year, the Salmon season consistent with the allowable Technical Team will estimate the num- level of harvest in the area. ber of coho salmon needed to complete (g) Fishing gear restrictions. Gear re- the recreational seasons. Any coho strictions for commercial, rec- salmon allocated to the recreational reational, and treaty Indian fishing fishery that are not needed to complete may be established or modified upon the recreational seasons will be reallo- demonstration that a useful purpose cated to the commercial fishery. Once will be served. For example, gear re- reallocation has taken place, the re- strictions may be imposed or modified maining recreational quota will change to facilitate enforcement, reduce hook- to a harvest guideline. If the harvest ing mortality, or reduce gear expenses guideline for the recreational fishery is for fishermen. projected to be reached on or before (h) Seasons—(1) In general. Seasons Labor Day, the Regional Director may for commercial and recreational fish- allow the recreational fishery to con- ing will be established or modified tak- tinue through the Labor Day weekend ing into account allowable ocean har- only if there is no significant danger of vest levels and quotas, allocations be- impacting the allocation of another tween the commercial and recreational fishery or of failing to meet an fisheries, and the estimated amount of escapement goal. effort required to catch the available (d) Management boundaries and zones. fish based on past seasons. Management boundaries and zones will (2) Commercial seasons. Commercial be established or adjusted to achieve a seasons will be established or modified conservation purpose. A conservation taking into account wastage of fish purpose protects a fish stock, sim- that cannot legally be retained, size
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and poundage of fish caught, effort the weakest stock in the fishery man- shifts between fishing areas, and pro- agement area, assuming this level of tection of depressed stocks present in harvest did not create conservation or the fishing areas. All-species seasons allocation problems on other stocks. will be established to allow the max- (3) Any fixed or adjustable quotas es- imum allowable harvest of pink and tablished will be consistent with estab- sockeye salmon without exceeding al- lished treaty rights and will not exceed lowable chinook or coho harvest levels the harvest that would occur if the en- and within conservation and allocation tire treaty entitlement to the weakest constraints of the pink and sockeye run were taken by treaty Indian fish- stocks. (3) Recreational seasons. If feasible, eries in the fishery management area. recreational seasons will be established (4) If adjustable quotas are estab- or modified to encompass Memorial lished for treaty Indian fishing, they Day and Labor Day weekends, and to may be subject to inseason adjustment avoid the need for inseason closures. because of unanticipated coho hooking (i) Quotas (by species, including fish mortality occurring during the season, caught 0–3 nm seaward of Washington, catches in treaty Indian fisheries in- Oregon, and California). Quotas for consistent with those unanticipated commercial, recreational, and treaty under Federal regulations, or a need to Indian fishing may be established or redistribute quotas to ensure attain- modified to ensure that allowable ment of an overall quota. ocean harvests are not exceeded. (l) Yurok and Hoopa Valley tribal fish- Quotas may be fixed or adjustable and ing rights. For purposes of section 303 of used in conjunction with seasons. Any the Magnuson Act, the federally re- quota established does not represent a served fishing rights of the Yurok and guaranteed ocean harvest, but a max- imum ceiling on catch. Hoopa Valley Indian Tribes as set out (j) Selective fisheries. In addition to in a legal opinion 2 dated October 4, the all-species seasons and the all-spe- 1993, by the Office of the Solicitor, De- cies-except-coho seasons established partment of the Interior, are applicable for the commercial and recreational law. Under section 303 of the Magnuson fisheries, selective coho-only, chinook- Act, allowable ocean harvest must be only, or pink-only fisheries may be es- consistent with all applicable laws. tablished if harvestable fish of the tar- (m) Inseason notice procedures. Tele- get species are available; harvest of in- phone hotlines and USCG broadcasts cidental species will not exceed allow- will provide actual notice of inseason able levels; proven, documented selec- actions for commercial, recreational, tive gear exists; significant wastage of and treaty Indian fishing. incidental species will not occur; and (n) Reporting requirements. Reporting the selective fishery will occur in an requirements for commercial fishing acceptable time and area where wast- may be imposed to ensure timely and age can be minimized and target stocks accurate assessment of catches in regu- are primarily available. (k) Treaty Indian fishing. (1) NMFS latory areas subject to quota manage- will establish or modify treaty Indian ment. Such reports are subject to the fishing seasons and/or fixed or adjust- limitations described herein. Persons able quotas, size limits, gear restric- engaged in commercial fishing in a reg- tions, and/or area restrictions taking ulatory area subject to quota manage- into account recommendations of the ment and landing their catch in an- Council, proposals from affected tribes, other regulatory area open to fishing and relevant Federal court pro- may be required to transmit a brief ceedings. radio report prior to leaving the first (2) The combined treaty Indian fish- regulatory area. The regulatory areas ing seasons will not be longer than nec- essary to harvest the allowable treaty Indian catch, which is the total treaty 2 Copies of the Solicitor’s Opinion are harvest that would occur if the tribes available from the Director, Southwest Re- chose to take their total entitlement of gion, NMFS.
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subject to these reporting require- (b) Flexible inseason management provi- ments, the contents of the radio re- sions. (1) The Regional Director will ports, and the entities receiving the re- consult with the Chairman of the ports will be specified annually. Council and the appropriate State Di- [61 FR 34601, July 2, 1996, as amended at 64 rectors prior to taking any of the fol- FR 26328, May 14, 1999] lowing flexible inseason management EFFECTIVE DATE NOTE: At 61 FR 34601, July provisions, which include, but are not 2, 1996, § 660.408 was added. This section con- limited to, the following: tains information collection and record- (i) Modification of quotas and/or fish- keeping requirements and will not become ing seasons. effective until approval has been given by (ii) Modification of the species that the Office of Management and Budget. may be caught and landed during spe- § 660.409 Inseason actions. cific seasons and the establishment or (a) Fixed inseason management provi- modification of limited retention regu- sions. NMFS is authorized to take the lations. following inseason management ac- (iii) Modification of recreational bag tions annually, as appropriate. limits and recreational fishing days per (1) Automatic season closures based on calendar week. quotas. When a quota for the commer- (iv) Establishment or modification of cial or the recreational fishery, or gear restrictions. both, for any salmon species in any (v) Modification of boundaries, in- portion of the fishery management cluding landing boundaries, and estab- area is projected by the Regional Di- lishment of closed areas. rector to be reached on or by a certain (2) Fishery managers must determine date, NMFS will, by an inseason action that any inseason adjustment in man- issued under § 660.411, close the com- agement measures is consistent with mercial or recreational fishery, or fishery regimes established by the both, for all salmon species in the por- U.S.-Canada Pacific Salmon Commis- tion of the fishery management area to sion, ocean escapement goals, con- which the quota applies as of the date servation of the salmon resource, any the quota is projected to be reached. (2) Rescission of automatic closure. If a adjudicated Indian fishing rights, and fishery is closed under a quota before the ocean allocation scheme in the the end of a scheduled season based on fishery management plan. All inseason overestimate of actual catch, NMFS adjustments will be based on consider- will reopen that fishery in as timely a ation of the following factors: manner as possible for all or part of the (i) Predicted sizes of salmon runs. remaining original season provided (ii) Harvest quotas and hooking mor- NMFS finds that a reopening of the tality limits for the area and total al- fishery is consistent with the manage- lowable impact limitations, if applica- ment objectives for the affected species ble. and the additional open period is no (iii) Amount of commercial, rec- less than 24 hours. The season will be reational, and treaty Indian catch for reopened by an inseason action issued each species in the area to date. under § 660.411. (iv) Amount of commercial, rec- (3) Adjustment for error in preseason es- reational, and treaty Indian fishing ef- timates. NMFS may, by an inseason ac- fort in the area to date. tion issued under § 660.411, make appro- (v) Estimated average daily catch per priate changes in relevant seasons or fisherman. quotas if a significant computational error or errors made in calculating pre- (vi) Predicted fishing effort for the season estimates of salmon abundance area to the end of the scheduled season. are identified, provided that such cor- (vii) Other factors, as appropriate. rection can be made in a timely man- ner to affect the involved fishery with- § 660.410 Escapement and manage- out disrupting the capacity to meet the ment goals. objectives of the fishery management (a) The escapement and management plan. goals are summarized in Table 6–1 of
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the Fishery Management Plan for Com- (b) Public comment. If time allows, mercial and Recreational Salmon Fish- NMFS will invite public comment prior eries off the Coasts of Washington, Or- to the effective date of any action pub- egon, and California. lished in the FEDERAL REGISTER. If (b) Modification of escapement goals. NMFS determines, for good cause, that NMFS is authorized, through an action an action must be filed without afford- issued under § 660.411, to modify an ing a prior opportunity for public com- escapement goal if— ment, public comments on the action (1) A comprehensive technical review will be received by NMFS for a period of the best scientific information avail- of 15 days after filing of the action with able provides conclusive evidence that, the Office of the Federal Register. in the view of the Council and the (c) Availability of data. The Regional Salmon Technical Team, justifies Director will compile in aggregate modification of an escapement goal; form all data and other information (2) For Oregon coastal chinook, spe- relevant to the action being taken and cific goals are developed within the will make them available for public re- overall goal for north coast and south view during normal office hours at the coast stocks; or Northwest Region, NMFS. For actions (3) Action by a Federal court indi- affecting fisheries occurring primarily cates that modification of an or exclusively in the fishery manage- escapement goal is appropriate. ment area seaward of California, infor- (c) The annual management meas- mation relevant to the action also will ures will be consistent with NMFS be made available for public review jeopardy standards or NMFS recovery during normal office hours at the plans for species listed under the En- Southwest Region, NMFS. dangered Species Act. Subpart I—Northern Anchovy [61 FR 34572, July 2, 1996, as amended at 62 FR 35451, July 1, 1997] Fishery
§ 660.411 Notification and publication SOURCE: 62 FR 19043, Apr. 18, 1997, unless procedures. otherwise noted. (a) Notification and effective dates. (1) § 660.501 Purpose and scope. Annual and certain other actions taken under §§ 660.408 and 660.410 will be im- This subpart governs fishing for plemented by an action published in northern anchovy by vessels of the the FEDERAL REGISTER, and will be ef- United States in the Pacific anchovy fective upon filing, unless a later time fishery area (PAFA). This subpart im- is specified in the action. plements the Northern Anchovy Fish- (2) Inseason actions taken under ery Management Plan (FMP) developed § 660.409 will be by actual notice avail- by the Pacific Fishery Management able from telephone hotlines and USCG Council under the Magnuson-Stevens broadcasts, as specified annually. Fishery Conservation and Management Inseason actions will also be published Act (Magnuson-Stevens Act) as amend- in the FEDERAL REGISTER as soon as ed. practicable. Inseason actions will be ef- fective from the time specified in the § 660.502 Definitions. actual notice of the action (telephone In addition to the definitions in the hotlines and USCG broadcasts), or at Magnuson-Stevens Act and in § 600.10 of the time the inseason action published this chapter, the terms used in this in the FEDERAL REGISTER is effective, subpart have the following meanings: whichever comes first. Anchovy means fish of the species En- (3) Any action issued under this sec- graulis mordax, or parts or products tion will remain in effect until the ex- thereof. piration date stated in the action or Council means the Pacific Fishery until rescinded, modified, or super- Management Council. seded. However, no inseason action has Fishing year means a 12-month period any effect beyond the end of the cal- beginning August 1 and extending endar year in which it is issued. through July 31 of the following year.
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Live bait fishery means fishing for may be harvested during a fishing year northern anchovies for use as live bait for reduction purposes in Subarea B. in other fisheries. Total harvest quota means the total Nonreduction fishery means fishing for amount of anchovies, by weight, which northern anchovies for use as dead bait may be harvested during a fishing year or providing fish for human consump- by the reduction and non-reduction tion. fisheries. Northern anchovy means fish of the species Engraulis mordax, or parts or § 660.503 Relation to other laws. products thereof. (a) Any state law that pertains to PAFA means the Pacific anchovy vessels registered under the laws of fishery area, which is the EEZ seaward that state while fishing in the EEZ, of California, and between 38° N. lat. and which is consistent with the Fed- (Point Reyes) and the United States- eral regulations, will continue to have Mexico International Boundary, which force and effect on fishing activities is a line connecting the following co- addressed in this subpart. ordinates: (b) If a vessel has filed with the State of California a declaration of intent to 32°35′22″ N. lat., 117°27′49″. long. take anchovies for reduction purposes, 32°37′37″ N. lat., 117°49′31″ W. long. 31°07′58″ N. lat., 118°36′18″ W. long. any fishing for anchovies by that vessel 30°32′31″ N. lat., 121°51′58″ W. long. will be conclusively presumed to be for reduction purposes unless an exemp- Reduction fishery means fishing for tion to the declaration has been filed northern anchovies for the purposes of with the State of California. conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, or other § 660.504 Recordkeeping and report- fishery products or byproducts for pur- ing. poses other than direct human con- Data regarding fishing vessels, fish- sumption. ing activities, landings and processing Reduction harvest quota means the activities required by the FMP for the amount of anchovies, by weight, which reduction and non-reduction fisheries may be harvested during a fishing year are collected by the State of California for reduction purposes. under existing data collection provi- Regional Administrator means the Ad- sions. No additional reports will be re- ministrator, Southwest Region, NMFS quired of fishermen or processors as (see Table 1 of § 600.502 for address). long as the data collection and report- Spawning biomass means the esti- ing systems operated by the State of mated amount, by weight, of all sexu- California continue to provide the Sec- ally mature northern anchovies in the retary of Commerce (Secretary) with central subpopulation (defined as) from statistical information adequate for 38° N. lat. (Point Reyes) south to ap- management. Reporting requirements proximately 30° N. lat. at Punta Baja, may be implemented by emergency Baja California. regulations if this reporting system be- Special allocations means that part of comes inadequate for management pur- the total harvest quota reserved for poses. non-reduction fishing, reduction fish- ing in subarea A, and any conservation § 660.505 Vessel identification. purpose. (a) Official number. Each fishing ves- Subarea A means the northern por- sel in the reduction fishery must dis- tion of the PAFA between 38° N. lat. play its official number on the port and (Point Reyes), and a southern limit at starboard sides of the deckhouse or 35°14′ N. lat. (Point Buchon). hull, and on an appropriate weather Subarea B means the southern por- deck so as to be visible from enforce- tion of the PAFA between 35°14′ N. lat. ment vessels and aircraft. The official (Point Buchon), and the United States- number is the anchovy reduction reg- Mexico International Boundary de- istration number issued by the State of scribed in this section. California. Subarea B harvest quota means the (b) Numerals. The official number amount of anchovies, by weight, which must be affixed to each vessel subject
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to this subpart in block Arabic numer- pected to convene during the second als at least 14 inches (35.56 cm) in week of June. height. Markings must be legible and (2) All materials relating to the an- of a color that contrasts with the back- nual quotas will be forwarded to the ground. Council and its Scientific and Statis- tical Committee and will be available § 660.506 Prohibitions. for public inspection at the Office of In addition to the general prohibi- the Regional Administrator. tions specified in § 600.725, it is unlaw- (3) On or about August 1, the interim ful for any person to do any of the fol- final quotas will be published in the lowing: FEDERAL REGISTER with an opportunity (a) Fish for anchovies in the PAFA: for public comment. (1) During any applicable closed sea- (4) At a regular meeting of the Coun- son or in any applicable closed area cil, the Council will review the esti- specified in this subpart; mated spawning biomass and harvest (2) During any applicable closure quotas and offer time for public com- specified in this subpart; or ment. The Council will either accept (3) Aboard a fishing vessel that has the harvest quotas as published or rec- not filed an applicable declaration of ommend to the Regional Administrator intent with the State of California. that the numbers be revised. If a revi- (b) Take or retain anchovies for re- sion is requested, a justification for the duction purposes in the PAFA unless revision must be provided. An annual they are taken with authorized fishing quota may be adjusted only if inac- gear as specified in § 660.513. curate data were used or if errors were made in the calculations. § 660.507 Facilitation of enforcement. (5) If the Regional Administrator de- termines that a change in a harvest See § 600.730 of this chapter. quota is justified, NMFS will publish a document in the FEDERAL REGISTER no- § 660.508 Penalties. tifying the public of the change and the See § 600.735 of this chapter. reasons for the change. If no changes are necessary, the interim final quotas § 660.509 Harvest quota. will become final quotas, and no notice (a) Announcement of harvest quotas. will be published. The total harvest quota, reduction har- (b) Determination of harvest quotas. vest quota, subarea B harvest quota, The total harvest quota in the PAFA and special allocations will be deter- will be determined by adding the non- mined by the Regional Administrator reduction fishery allocation in the from the estimated spawning biomass PAFA and the reduction harvest quota according to the formulas in paragraph in the PAFA, and they will be sepa- (b) of this section, and will be an- rately determined by the following for- nounced on or about August 1 as in- mulas. terim final quotas. The quotas will be (1) When the estimated spawning bio- announced according to the following mass is less than 300,000 mt, there will procedure: be no reduction harvest quota, and the (1) No less than 14 calendar days be- non-reduction allocation in the PAFA fore the meeting of the Council’s An- will be 4,900 mt. chovy Planning team and Advisory (2) When the estimated spawning bio- Subpanel, a document will be published mass is equal to or greater than 300,000 in the FEDERAL REGISTER notifying the mt, the reduction harvest quota in the public when the estimate of the annual PAFA will be 70 percent of the esti- spawning biomass will be available. mated spawning biomass in excess of The document also will announce the 300,000 mt or 140,000 mt, whichever is date and location of a meeting of the less, and the non-reduction fishery al- Council’s Anchovy Planning team and location in the PAFA will be 4,900 mt Advisory Subpanel, where the esti- except as specified in § 660.510(b). mated spawning biomass and the an- (3) When the estimated spawning bio- nual quotas will be reviewed and public mass is less than 50,000 mt for 2 con- comments received. This meeting is ex- secutive fishing years, there will be no
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reduction quota and no non-reduction (i) The change in the subarea B allocation until the spawning biomass quota. reaches or exceeds 50,000 mt. (ii) The reasons for the change. (4) There is no limit on the harvest of (iii) A summary of, and responses to, anchovy for live bait, except that when any comments submitted under para- the spawning biomass is less than 50,000 graph (e)(3) of this section. mt for 2 consecutive fishing years, (2) The Regional Administrator will there will be no live bait harvest until compile in aggregate form all data the spawning biomass reaches or ex- used to make the estimates under para- ceeds 50,000 mt. graph (d) of this section and make (c) Subarea B harvest quota. The re- them available for public inspection duction harvest quota for subarea B during normal business hours at the will be equal to the reduction harvest Southwest Regional Office at the ad- quota in the PAFA minus a reserve of dress in Table 1 § 600.502. 10 percent of the reduction harvest (3) Comments from the public on the quota or 9,072 mt, whichever is less. estimates made under paragraph (d) of This reserve is allocated to the reduc- this section may be submitted to the tion fishery in subarea A except as pro- Regional Administrator until May 31. vided in paragraph (d) of this section. (f) Anchovies harvested for reduction (d) Reallocation of subarea A reserve. and non-reduction purposes in the The Secretary may reallocate on June PAFA and adjacent territorial sea will 1 from subarea A to subarea B that por- be counted toward the total harvest tion of the reserve allocated to subarea quota. A under paragraph (c) of this section that will not be harvested in subarea A § 660.510 Closures. by the end of the fishing year. This amount will be estimated based on (a) Closure of the reduction fishery. catch to date in the current year and The Secretary will close the reduction the expected intentions of processors fishery during the open season provided and fishermen in the reduction fishery in § 660.511 when the total harvest north of Point Buchon to harvest an- quota in the PAFA is taken. The Sec- chovies in the remaining fishing year. retary will close only the reduction Reallocation under this paragraph will fishery in subarea B when the subarea be based first, on a need to increase the B reduction harvest quota is taken. subarea B harvest quota and secondly, (b) Closure of the non-reduction fishery. on the projected reduction harvest in The Secretary will close the non-reduc- subarea A to the end of the fishing tion fishery in the PAFA only if the year. total harvest quota is taken. (e) Procedure for reallocation of sub- (c) Procedure for closing. (1) When the area A reserve. (1) The Secretary may, harvest quotas prescribed in § 660.509 by May 1 each year, determine the need are about to be taken, the Secretary to increase the subarea B harvest will announce, by notification in the quota as provided in paragraph (d) of FEDERAL REGISTER and to the Council this section if the expected reduction and the California Department of Fish fishery harvest in subarea B is an and Game, the date of closure in one or amount equal to or greater than the both subareas. subarea B harvest quota. After making (2) If a reduction fishery closure is a determination that the subarea B announced, the reduction fishery in the harvest quota needs to be increased as affected subarea will cease on the date provided in paragraph (d) of this sec- of closure specified in the FEDERAL tion, the Secretary will make the esti- REGISTER document provided by para- mate under paragraph (d) of this sec- graph (c)(1) of this section, and will not tion on or about May 15 and, as soon as resume until a final determination of practicable after June 1, announce to new harvest quotas is announced under all reduction fishing vessel owners and § 662.509. operators and licensed anchovy reduc- (3) The non-reduction fishery in the tion plant operators by notification in PAFA ceases on the date that a total the FEDERAL REGISTER and other ap- harvest quota closure is announced propriate notice— under paragraph (c)(1) of this section,
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and will not resume until a new har- (ii) Santa Monica Bay closure (see Fig- vest quota is announced under § 660.509. ure 1). Santa Monica Bay shoreward of that line from Malibu Point (34°01.8′ N. § 660.511 Fishing seasons. lat., 188°40.8′ W. long.) to Rocky Point All open seasons will begin at 0001 (Palos Verdes Point) (33°46.5′ N. lat., hours and terminate at 2400 hours local 118°25.7′ W. long.). time. The PAFA is closed to anchovy (iii) Los Angeles Harbor closure (see fishing except as follows: Figure 1). The area outside Los Angeles (a) Non-reduction fishing season. The Harbor described by a line extending open season for non-reduction fishing six (6) miles (11.11 km) 180° true from in the PAFA is from August 1 to July Point Fermin (33°42.3′ N. lat., 118°17.6′ 31. W. long.) and then to a point located (b) Reduction fishing season. (1) In sub- three (3) miles (5.56 km) offshore on a area A, the open season for reduction ° fishing in the PAFA is from August 1 line 225 true from Huntington Beach ° ′ ° ′ to June 30. Pier (33 39.2 N. lat., 118 00.3 W. long.). (2) In subarea B, the open season for (iv) Oceanside to San Diego closure (see reduction fishing in the PAFA is from Figure 1). The area six (6) miles (11.11 September 15 to June 30. km) from the mainland shore south of a line running 225° true from the tip of § 660.512 Closed areas. the outer breakwater (33°12.4′ N. lat., (a) Non-reduction fishery. There are no 117°24.1′ W. long.) of Oceanside Harbor closed areas for non-reduction fishing to the United States-Mexico Inter- in the PAFA. national Boundary. (b) Reduction fishery. The following areas are closed to reduction fishing: § 660.513 Gear limitations. (1) Farallon Islands closure (see Figure (a) Nonreduction fishery. There are no 1). The portion of subarea A bounded limitations on gear used in the non-re- by— duction fishery. (i) A straight line joining Pigeon (b) Reduction fishery. Authorized fish- ° ′ ° ′ Point Light (37 10.9 N. lat., 122 23.6 W. ing gear only may be used in the reduc- long.) and the U.S. navigation light on tion fishery. Authorized fishing gear Southeast Farallon Island (37°42.0′ N. will be round haul nets that have a lat., 123°00.1′ W. long.). minimum wet-stretch mesh size of 10/16 (ii) A straight line joining the U.S. navigation light on Southeast Farallon of an inch (1.59 cm) excluding the bag Island (37°42.0′ N. lat., 123°00.1′ W. long.) portion of a purse seine. The bag por- and the U.S. navigation light on Point tion must be constructed as a single Reyes (37°59.7′ N. lat., 123°01.3′ W. long.). unit and must not exceed a rectangular (2) Subarea B closures. That portion of area adjacent to 20 percent of the total subarea B described as— corkline of the purse seine. Minimum (i) Oxnard closure (see Figure 1). The mesh size requirements are met if a area that extends offshore four (4) stainless steel wedge can be passed miles (7.41 km) from the mainland with only thumb pressure through 16 of shore between lines running 250° true 20 sets of two meshes each of wet mesh. from the steam plant stack at The wedges used to measure trawl Manadalay Beach (34°12.4′ N. lat., mesh size are made of 20 gauge stain- 119°15.0′ W. long.) and 220° true from the less steel, and will be no wider than 10/ steam plant stack at Ormond Beach 16 of an inch (1.59 cm) less one thick- (34°07.8′ N. lat., 119°10.0′ W. long.). ness of the metal at the widest part.
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FIGURE 1—EXISTING CALIFORNIA AREA CLOSURES (HATCHED AREAS EXTEND TO 3 MILES (5.56 KM) OFFSHORE; CROSS-HATCHED AREAS EXTEND BEYOND 3 MILES (5.56 KM) OFFSHORE) AND OP- TIONAL CATALINA CHANNEL FOREIGN VESSEL CLOSURE (OUTLINED BY DASHED LINES)
TABLE 1 TO PART 660ÐQUOTAS FOR PRECIOUS CORALS PERMIT AREAS
Number of Gear restric- Name of coral bed Type of bed Harvest quota years tion
Makapuu ...... E PÐ2,000 kg ...... 2 S GÐ600 kg ...... 2 S BÐ600 kg ...... 2 S Ke-ahole Point ...... C PÐ67 kg ...... 1 S GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Kaena Point ...... C PÐ67 kg ...... 1 S GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Brooks Bank ...... C PÐ17 kg ...... 1 N GÐ133 kg ...... 1 N BÐ111 kg ...... 1 N 180 Fathom Bank ...... C PÐ222 kg ...... 1 N GÐ67 kg ...... 1 N BÐ56 kg ...... 1 N Westpac Bed ...... R Zero (0 kg) ...... Hawaii, American Samoa, Guam, U.S. XÐ1,000 kg (all species combined ex- 1N Pacific Island possessions. cept black corals) per area. Notes: 1. Types of corals: P=Pink G=Gold B=Bamboo. 2. There are no restrictions under this part on the harvest of black corals, except the data submission requirements (§ 660.3). State regulations on black coral harvesting are not superseded by this part.
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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 660ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITS ENTRY PERMITSÐContinued
Capacity Capacity Vessel length rating Vessel length rating
<20 ...... 1.00 79 ...... 31.01 21 ...... 1.13 80 ...... 32.00 22 ...... 1.27 81 ...... 33.01 23 ...... 1.42 82 ...... 34.04 24 ...... 1.58 83 ...... 35.08 25 ...... 1.75 84 ...... 36.15 26 ...... 1.93 85 ...... 37.24 27 ...... 2.12 86 ...... 38.34 28 ...... 2.32 87 ...... 39.47 29 ...... 2.53 88 ...... 40.61 30 ...... 2.76 89 ...... 41.77 31 ...... 2.99 90 ...... 42.96 32 ...... 3.24 91 ...... 44.16 33 ...... 3.50 92 ...... 45.38 34 ...... 3.77 93 ...... 46.63 35 ...... 4.05 94 ...... 47.89 36 ...... 4.35 95 ...... 49.17 37 ...... 4.66 96 ...... 50.48 38 ...... 4.98 97 ...... 51.80 39 ...... 5.31 98 ...... 53.15 40 ...... 5.66 99 ...... 54.51 41 ...... 6.02 100 ...... 55.90 42 ...... 6.39 101 ...... 57.31 43 ...... 6.78 102 ...... 58.74 44 ...... 7.18 103 ...... 60.19 45 ...... 7.59 104 ...... 61.66 46 ...... 8.02 105 ...... 63.15 47 ...... 8.47 106 ...... 64.67 48 ...... 8.92 107 ...... 66.20 49 ...... 9.40 108 ...... 67.76 50 ...... 9.88 109 ...... 69.34 51 ...... 10.38 110 ...... 70.94 52 ...... 10.90 111 ...... 72.57 53 ...... 11.43 112 ...... 74.21 54 ...... 11.98 113 ...... 75.88 55 ...... 12.54 114 ...... 77.57 56 ...... 13.12 115 ...... 79.28 57 ...... 13.71 116 ...... 81.02 58 ...... 14.32 117 ...... 82.77 59 ...... 14.95 118 ...... 84.55 60 ...... 15.59 119 ...... 86.36 61 ...... 16.25 120 ...... 88.18 62 ...... 16.92 121 ...... 90.03 63 ...... 17.61 122 ...... 91.90 64 ...... 18.32 123 ...... 93.80 65 ...... 19.04 124 ...... 95.72 66 ...... 19.78 125 ...... 97.66 67 ...... 20.54 126 ...... 99.62 68 ...... 21.32 127 ...... 101.61 69 ...... 22.11 128 ...... 103.62 70 ...... 22.92 129 ...... 105.66 71 ...... 23.74 130 ...... 107.72 72 ...... 24.59 131 ...... 109.80 73 ...... 25.45 132 ...... 111.91 74 ...... 26.33 133 ...... 114.04 75 ...... 27.23 134 ...... 116.20 76 ...... 28.15 135 ...... 118.38 77 ...... 29.08 136 ...... 120.58 78 ...... 30.04 137 ...... 122.81
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TABLE 2 TO PART 660ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITSÐContinued ENTRY PERMITSÐContinued
Capacity Capacity Vessel length rating Vessel length rating
138 ...... 125.06 207 ...... 190.02 139 ...... 127.34 208 ...... 190.65 140 ...... 129.64 209 ...... 191.28 141 ...... 131.97 210 ...... 191.91 142 ...... 134.32 211 ...... 192.54 143 ...... 136.70 212 ...... 193.17 144 ...... 139.10 213 ...... 193.80 145 ...... 141.53 214 ...... 194.43 146 ...... 143.98 215 ...... 195.06 147 ...... 146.46 216 ...... 195.69 148 ...... 148.96 217 ...... 196.33 149 ...... 151.49 218 ...... 196.96 150 ...... 154.05 219 ...... 197.59 151 ...... 154.68 220 ...... 198.22 152 ...... 155.31 221 ...... 198.85 153 ...... 155.94 222 ...... 199.48 154 ...... 156.57 223 ...... 200.11 155 ...... 157.20 224 ...... 200.74 156 ...... 157.83 225 ...... 201.37 157 ...... 158.46 226 ...... 202.01 158 ...... 159.10 227 ...... 202.64 159 ...... 159.73 228 ...... 203.27 160 ...... 160.36 229 ...... 203.90 161 ...... 160.99 230 ...... 204.53 162 ...... 161.62 231 ...... 205.16 163 ...... 162.25 232 ...... 205.79 164 ...... 162.88 233 ...... 206.42 165 ...... 163.51 234 ...... 207.05 166 ...... 164.14 235 ...... 207.68 167 ...... 164.77 236 ...... 208.32 168 ...... 165.41 237 ...... 208.95 169 ...... 166.04 238 ...... 209.58 170 ...... 166.67 239 ...... 210.21 171 ...... 167.30 240 ...... 210.84 172 ...... 167.93 241 ...... 211.47 173 ...... 168.56 242 ...... 212.10 174 ...... 169.19 243 ...... 212.73 175 ...... 169.82 244 ...... 213.36 176 ...... 170.45 245 ...... 213.99 177 ...... 171.08 246 ...... 214.63 178 ...... 171.72 247 ...... 215.26 179 ...... 172.35 248 ...... 215.89 180 ...... 172.98 249 ...... 216.52 181 ...... 173.61 250 ...... 217.15 182 ...... 174.24 251 ...... 217.78 183 ...... 174.87 252 ...... 218.41 184 ...... 175.50 253 ...... 219.04 185 ...... 176.13 254 ...... 219.67 186 ...... 176.76 255 ...... 220.30 187 ...... 177.40 256 ...... 220.94 188 ...... 178.03 257 ...... 221.57 189 ...... 178.66 258 ...... 222.20 190 ...... 179.29 259 ...... 222.83 191 ...... 179.92 260 ...... 223.46 192 ...... 180.55 261 ...... 224.09 193 ...... 181.18 262 ...... 224.72 194 ...... 181.81 263 ...... 225.35 195 ...... 182.44 264 ...... 225.98 196 ...... 183.07 265 ...... 226.61 197 ...... 183.71 266 ...... 227.25 198 ...... 184.34 267 ...... 227.88 199 ...... 184.97 268 ...... 228.51 200 ...... 185.60 269 ...... 229.14 201 ...... 186.23 270 ...... 229.77 202 ...... 186.86 271 ...... 230.40 203 ...... 187.49 272 ...... 231.03 204 ...... 188.12 273 ...... 231.66 205 ...... 188.75 274 ...... 232.29 206 ...... 189.38 275 ...... 232.93
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TABLE 2 TO PART 660ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITSÐContinued ENTRY PERMITSÐContinued
Vessel length Capacity Capacity rating Vessel length rating
276 ...... 233.56 339 ...... 273.31 277 ...... 234.19 340 ...... 273.94 278 ...... 234.82 341 ...... 274.57 279 ...... 235.45 342 ...... 275.20 280 ...... 236.08 343 ...... 275.83 281 ...... 236.71 344 ...... 276.47 282 ...... 237.34 345 ...... 277.10 283 ...... 237.97 346 ...... 277.73 284 ...... 238.60 347 ...... 278.36 285 ...... 239.24 348 ...... 278.99 286 ...... 239.87 349 ...... 279.62 287 ...... 240.50 350 ...... 280.25 288 ...... 241.13 351 ...... 280.88 289 ...... 241.76 352 ...... 281.51 290 ...... 242.39 353 ...... 282.14 291 ...... 243.02 354 ...... 282.78 292 ...... 243.65 355 ...... 283.41 293 ...... 244.28 356 ...... 284.04 294 ...... 244.91 357 ...... 284.67 295 ...... 245.55 358 ...... 285.30 296 ...... 246.18 359 ...... 285.93 297 ...... 246.81 360 ...... 286.56 298 ...... 247.44 361 ...... 287.19 299 ...... 248.07 362 ...... 287.82 300 ...... 248.70 363 ...... 288.46 301 ...... 249.33 364 ...... 289.09 302 ...... 249.96 365 ...... 289.72 303 ...... 250.59 366 ...... 290.35 304 ...... 251.22 367 ...... 290.98 305 ...... 251.86 368 ...... 291.61 306 ...... 252.49 369 ...... 292.24 307 ...... 253.12 370 ...... 292.87 308 ...... 253.75 371 ...... 293.50 309 ...... 254.38 372 ...... 294.13 310 ...... 255.01 373 ...... 294.77 311 ...... 255.64 374 ...... 295.40 312 ...... 256.27 375 ...... 296.03 313 ...... 256.90 376 ...... 296.66 314 ...... 257.54 377 ...... 297.29 315 ...... 258.17 378 ...... 297.92 316 ...... 258.80 379 ...... 298.55 317 ...... 259.43 380 ...... 299.18 318 ...... 260.06 381 ...... 299.81 319 ...... 260.69 382 ...... 300.44 320 ...... 261.32 383 ...... 301.08 321 ...... 261.95 384 ...... 301.71 322 ...... 262.58 385 ...... 302.34 323 ...... 263.21 386 ...... 302.97 324 ...... 263.85 387 ...... 303.60 325 ...... 264.48 388 ...... 304.23 326 ...... 265.11 389 ...... 304.86 327 ...... 265.74 390 ...... 305.49 328 ...... 266.37 391 ...... 306.12 329 ...... 267.00 392 ...... 306.75 330 ...... 267.63 393 ...... 307.39 331 ...... 268.26 394 ...... 308.02 332 ...... 268.89 395 ...... 308.65 333 ...... 269.52 396 ...... 309.28 334 ...... 270.16 397 ...... 309.91 335 ...... 270.79 398 ...... 310.54 336 ...... 271.42 399 ...... 311.17 337 ...... 272.05 >400 ...... 311.80 338 ...... 272.68
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FIGURE 1 to Part 660—Carapace Length of Lobsters
FIGURE 2 to Part 660—Length of Longline Vessel
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FIGURE 3 TO PART 660—DRESSED, HEAD-OFF LENGTH OF SALMON
PART 679—FISHERIES OF THE EX- 679.28 Equipment and operational require- CLUSIVE ECONOMIC ZONE OFF ments for catch weight measurement. ALASKA Subpart C—Western Alaska Community Development Quota Program Subpart A—General 679.30 General CDQ regulations. Sec. 679.31 CDQ reserves. 679.1 Purpose and scope. 679.32 Groundfish and halibut CDQ catch 679.2 Definitions. monitoring. 679.3 Relation to other laws. 679.4 Permits. Subpart D—Individual Fishing Quota 679.5 Recordkeeping and reporting. Management Measures 679.6 Experimental fisheries. 679.7 Prohibitions. 679.40 Sablefish and halibut QS. 679.8 Facilitation of enforcement. 679.41 Transfer of quota shares and IFQ. 679.9 Penalties. 679.42 Limitations on use of QS and IFQ. 679.43 Determinations and appeals. Subpart B—Management Measures 679.44 Penalties. 679.20 General limitations. 679.21 Prohibited species bycatch manage- Subpart E—Groundfish Observer Program ment. 679.50 Groundfish Observer Program appli- 679.22 Closures. cable through December 31, 2000. 679.23 Seasons. 679.24 Gear limitations. APPENDIX A TO PART 679—PERFORMANCE AND 679.25 Inseason adjustments. TECHNICAL REQUIREMENTS FOR SCALES 679.26 Prohibited Species Donation Pro- USED TO WEIGH CATCH AT SEA IN THE gram. GROUNDFISH FISHERIES OFF ALASKA 679.27 Improved Retention/Improved Utili- FIGURE 1 TO PART 679—BSAI STATISTICAL AND zation Program. REPORTING AREAS
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FIGURE 2 TO PART 679—BSAI CATCHER VESSEL Subpart A—General OPERATIONAL AREA FIGURE 3 TO PART 679—GULF OF ALASKA STA- § 679.1 Purpose and scope. TISTICAL AND REPORTING AREAS FIGURE 4 TO PART 679—HERRING SAVINGS Regulations in this part were devel- AREAS IN THE BSAI oped by the Council under the Magnu- FIGURE 5 TO PART 679—KODIAK ISLAND AREAS son-Stevens Act. Along with part 600 of CLOSED TO NONPELAGIC TRAWL GEAR this chapter, these regulations imple- FIGURE 6 TO PART 679—LENGTH OVERALL OF A ment the following: VESSEL (a) Fishery Management Plan for FIGURE 7 TO PART 679—LOCATION OF TRAWL Groundfish of the Gulf of Alaska. (1) Reg- GEAR TEST AREAS IN THE GOA AND THE ulations in this part govern commer- BSAI cial fishing for groundfish in the GOA FIGURE 8 TO PART 679—CHINOOK SALMON SAV- by vessels of the United States (see INGS AREAS subparts A, B, D, and E of this part). FIGURE 9 TO PART 679—CHUM SAVINGS AREA (CSSA) OF THE CVOA (2) The following State of Alaska reg- FIGURE 10 TO PART 679—PRIBILOF ISLANDS ulations are not preempted by this part AREA HABITAT CONSERVATION ZONE for vessels regulated under this part FIGURE 11 TO PART 679—RED KING CRAB SAV- fishing for demersal shelf rockfish in INGS AREA (RKCSA) the Southeast Outside District, and FIGURE 12 TO PART 679—NEARSHORE BRISTOL which are registered under the laws of BAY TRAWL CLOSURE AREA the State of Alaska: 5 AAC 28.110, fish- FIGURE 13 TO PART 679—BSAI C. OPILIO TAN- ing seasons; 5 AAC 28.130, gear; 5 AAC NER CRAB BYCATCH LIMITATIONS ZONE 28.160, harvest guidelines; 5 AAC 28.190, FIGURE 14 TO PART 679—SABLEFISH REGU- harvest of bait by commercial permit LATORY AREAS holders. FIGURE 15 TO PART 679—REGULATORY AREAS (b) Fishery Management Plan for the FOR THE PACIFIC HALIBUT FISHERY Groundfish Fishery of the Bering Sea and TABLE 1 TO PART 679—PRODUCT CODES Aleutian Islands Area. Regulations in TABLE 2 TO PART 679—SPECIES CODES this part govern commercial fishing for TABLE 3 TO PART 679—PRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES AND CON- groundfish in the BSAI by vessels of VERSION RATES FOR PACIFIC HALIBUT the United States (see subparts A, B, C, TABLE 4 TO PART 679—BERING SEA SUBAREA D, and E of this part). STELLER SEA LION PROTECTION AREAS (c) Moratorium on entry (applicable TABLE 5 TO PART 679—ALEUTIAN ISLANDS SUB- through December 31, 1999). Regulations AREA STELLER SEA LION PROTECTION in this part govern a moratorium on AREAS the entry of new vessels in the com- TABLE 6 TO PART 679—GULF OF ALASKA mercial fisheries for groundfish in the STELLER SEA LION PROTECTION AREAS GOA and BSAI and in the commercial TABLE 7 TO PART 679—COMMUNITIES DETER- fisheries for king and Tanner crabs in MINED TO BE ELIGIBLE TO APPLY FOR COM- MUNITY DEVELOPMENT QUOTAS the Bering Sea and Aleutian Islands TABLE 8 TO PART 679—HARVEST ZONE CODES Area (see subparts A and D of this FOR USE WITH PRODUCT TRANSFER RE- part). PORTS AND VESSEL ACTIVITY REPORTS (d) IFQ Program for sablefish and hal- TABLE 9 TO PART 679—REQUIRED LOGBOOKS, ibut. The IFQ management plan for the REPORTS, AND FORMS FROM PARTICIPANTS commercial fisheries that use fixed IN THE FEDERAL GROUNDFISH FISHERIES gear to harvest sablefish and halibut TABLE 10 TO PART 679—CURRENT GULF OF (see subparts A, B, D, and E of this ALASKA RETAINABLE PERCENTAGES part). TABLE 11 TO PART 679—BERING SEA AND (1) Sablefish. (i) Regulations in this ALEUTIAN ISLANDS MANAGEMENT AREA RETAINABLE PERCENTAGES part govern commercial fishing for sa- blefish by vessels of the United States: AUTHORITY: 16 U.S.C. 773 et seq., 1801 et seq., (A) Using fixed gear within that por- and 3631 et seq. tion of the GOA and the BSAI over SOURCE: 61 FR 31230, June 19, 1996, unless which the United States exercises ex- otherwise noted. clusive fishery management authority; EDITORIAL NOTE: Nomenclature changes to and part 679 appear at 61 FR 56438, Nov. 1, 1996, (B) Using fixed gear in waters of the and 62 FR 2047, Jan. 15, 1997. State of Alaska adjacent to the BSAI
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and the GOA, provided that such fish- this part govern fishing for salmon by ing is conducted by persons who have fishing vessels of the United States in been issued permits under § 679.4. the EEZ seaward of Alaska east of 175° (ii) Regulations in this part do not E. long., referred to as the High Seas govern commercial fishing for sablefish Salmon Management Area. in Prince William Sound or under a (j) License Limitation Program. (1) Reg- State of Alaska limited entry program. ulations in this part implement the li- (2) Halibut. Regulations in this part cense limitation program for the com- govern commercial fishing for halibut mercial groundfish fisheries in the EEZ by vessels of the United States using off Alaska and for the commercial crab fixed gear, as that term is defined in 50 fisheries in the Bering Sea and Aleu- CFR 679.2, in and off of Alaska. tian Islands Area. (e) Western Alaska CDQ Program. The (2) Regulations in this part govern goals and purpose of the CDQ program the commercial fishing for license limi- are to allocate CDQ to eligible Western tation groundfish by vessels of the Alaska communities to provide the United States using authorized gear means for starting or supporting com- within the GOA and the BSAI and the mercial fisheries business activities commercial fishing for crab species by that will result in an ongoing, region- vessels of the United States using au- ally based, fisheries-related economy. thorized gear within the Bering Sea (f) Groundfish Observer Program (Ap- and Aleutian Islands Area. plicable through December 31, 1997). [61 FR 31230, June 19, 1996, as amended at 61 Regulations in this part govern ele- FR 38103, July 23, 1996; 61 FR 56429, Nov. 1, ments of the Groundfish Observer Pro- 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19687, gram for the BSAI groundfish and GOA Apr. 23, 1997; 62 FR 59298, Nov. 3, 1997; 63 FR groundfish fisheries under the Coun- 30398, June 4, 1998; 63 FR 38502, July 17, 1998; cil’s authority (see subpart E of this 63 FR 52652, Oct. 1, 1998; 64 FR 3652, Jan. 25, part). 1999] (g) Fishery Management Plan for the EFFECTIVE DATE NOTE: At 63 FR 52652, Oct. Commercial King and Tanner Crab Fish- 1, 1998, § 679.1 was amended by adding para- eries in the Bering Sea and Aleutian Is- graph (j), effective Jan. 1, 2000. lands Area. Regulations in this part govern commercial fishing for king and § 679.2 Definitions. Tanner crab in the Bering Sea and In addition to the definitions in the Aleutian Islands Area by vessels of the Magnuson-Stevens Act and in part 600 United States, including regulations of this chapter, the terms used in this superseding State of Alaska regula- part have the following meanings: tions applicable to the commercial Active/inactive periods—(1) Active peri- king and Tanner crab fisheries in the ods—(i) Catcher vessel. An active period Bering Sea and Aleutian Islands Area for a catcher vessel means a period of EEZ that are determined to be incon- time when the catcher vessel is in a re- sistent with the FMP (see subparts A, porting area (except 300, 400, 550, or 690) B, and E of this part). or gear remains on the grounds in a re- (h) Fishery Management Plan for the porting area (except 300, 400, 550, or Scallop Fishery off Alaska. (1) Regula- 690), regardless of the vessel location. tions in this part govern commercial (ii) Shoreside processor, mothership, fishing for scallops in the Federal wa- catcher/processor, and buying station. An ters off Alaska by vessels of the United active period for a shoreside processor, States (see subpart A of this part). mothership, catcher/processor, and (2) State of Alaska laws and regula- buying station means a period of time tions that are consistent with the FMP when checked in. and with the regulations in this part (2) Inactive periods—(i) Catcher vessel. apply to vessels of the United States An inactive period for a catcher vessel that are fishing for scallops in the Fed- means any period that does not qualify eral waters off Alaska. as an active period. (i) Fishery Management Plan for the (ii) Shoreside processor, mothership, High Seas Salmon Fishery off the Coast of catcher/processor, or buying station. An Alaska East of 175 Degrees East Lon- inactive period for a shoreside proc- gitude (Salmon FMP). Regulations in essor, mothership, catcher/processor,
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or buying station means a period of (1) Aleutian Islands area endorse- time when not checked in. ment. Authorizes the license holder to Adequate evidence, for purposes of deploy a vessel to conduct directed subpart E of this part, means informa- fishing for license limitation ground- tion sufficient to support the reason- fish in the Aleutian Islands Subarea; able belief that a particular act or (2) Bering Sea area endorsement. Au- omission has occurred. thorizes the license holder to deploy a ADF&G means the State of Alaska vessel to conduct directed fishing for Department of Fish and Game. license limitation groundfish in the Affiliates, for purposes of subpart E of Bering Sea Subarea; this part, means business concerns, or- (3) Central Gulf area endorsement. ganizations, or individuals are affili- Authorizes the license holder to deploy ates of each other if, directly or indi- a vessel to conduct directed fishing for rectly, either one controls or has the license limitation groundfish in the power to control the other, or a third Central Area of the Gulf of Alaska and party controls or has the power to con- the West Yakutat District; trol both. Indicators of control include, (4) Southeast Outside area endorse- but are not limited to, interlocking ment. Authorizes the license holder to management or ownership, identity of deploy a vessel to conduct directed interests among family members, fishing for license limitation ground- shared facilities and equipment, com- fish in the Southeast Outside District; mon use of employees, or a business en- and tity organized following the decerti- (5) Western Gulf area endorsement. fication, suspension, or proposed decer- Authorizes the license holder to deploy tification of an observer contractor a vessel to conduct directed fishing for that has the same or similar manage- license limitation groundfish in the ment, ownership, or principal employ- Western Area of the Gulf of Alaska. ees as the observer contractor that was Area/species endorsement means a des- decertified, suspended, or proposed for ignation on a license that authorizes a decertification. license holder to deploy a vessel to Alaska local time (A.l.t.) means the conduct directed fishing for the des- current Alaska time, either daylight ignated crab species in Federal waters savings time or standard time. in the designated area. Area/species en- Alaska State waters means waters ad- dorsements for crab species licenses jacent to the State of Alaska and are as follows: shoreward of the EEZ off Alaska. (1) Aleutian Islands brown king in Aleutian Islands Subarea (AI) of the waters with an eastern boundary the BSAI means that portion of the EEZ longitude of Scotch Cap Light (164° 44′ contained in Statistical Areas 541, 542, W. long.), a western boundary of the and 543 (see Figure 1 of this part). U.S.-Russian Convention Line of 1867, American Fisheries Act (AFA) means and a northern boundary of a line from Title II—Fisheries Subtitles I and II, as the latitude of Cape Sarichef (54° 36′ N. cited within the Omnibus Appropria- lat.) westward to 171° W. long., then tions Bill FY99 (Pub. L. 105–277). north to 55° 30′ N. lat., then west to the Ancillary product means a product, U.S.-Russian Convention line of 1867. such as meal, heads, internal organs, (2) Aleutian Islands red king in wa- pectoral girdles, or any other product ters with an eastern boundary the lon- that may be made from the same fish gitude of Scotch Cap Light (164° 44′ W. as the primary product. long.), a western boundary of the U.S.- Area endorsement means a designation Russian Convention Line of 1867, and a on a license that authorizes a license northern boundary of a line from the holder to deploy a vessel to conduct di- latitude of Cape Sarichef (54° 36′ N. lat.) rected fishing for license limitation westward to 171° W. long., then north groundfish in the designated area, sub- to 55° 30′ N. lat., and then west to the area, or district. Area endorsements, U.S.-Russian Convention line of 1867. which are inclusive of, but not nec- (3) Bristol Bay red king in waters essarily the same as, management with a northern boundary of 58° 39′ N. areas, subareas, or districts defined in lat., a southern boundary of 54° 36′ N. this part, are as follows: lat., and a western boundary of 168° W.
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long. and including all waters of Bris- (2) Hook-and-line means a stationary, tol Bay. buoyed, and anchored line with hooks (4) Bering Sea and Aleutian Islands attached, or the taking of fish by Area C. opilio and C. bairdi in Pacific means of such a device. Ocean and Bering Sea waters east of (3) Jig means a single, non-buoyed, the U.S.-Russian Convention Line of non-anchored line with hooks attached, 1867, excluding all Pacific Ocean waters or the taking of fish by means of such east of a boundary line extending south a device. (180°) from Scotch Cap Light. (4) Longline means a stationary, (5) Norton Sound red king and Norton buoyed, and anchored line with hooks Sound blue king in waters with a west- or two or more groundfish pots at- ern boundary of 168° W. long., a south- tached, or the taking of fish by means ern boundary of 61° 49′ N. lat., and a of such a device. northern boundary of 65° 36′ N. lat. (5) Longline pot means a stationary, (6) Pribilof red king and Pribilof blue buoyed, and anchored line with two or king in waters with a northern bound- more pots attached, or the taking of ary of 58° 39′ N. lat., an eastern bound- fish by means of such a device. ary of 168° W. long., a southern bound- (6) Nonpelagic trawl means a trawl ary line from 54° 36′ N. lat., 168° W. other than a pelagic trawl. long., to 54° 36′ N. lat., 171° W. long., to (7) Nontrawl means hook-and-line, 55° 30′ N. lat., 171° W. long., to 55° 30′ N. jig, longline, and pot-and-line gear. lat., 173° 30′ E. lat., and then westward (8) Pelagic trawl means a trawl that: to the U.S.-Russian Convention line of (i) Has no discs, bobbins, or rollers; 1867. (ii) Has no chafe protection gear at- (7) St. Matthew blue king in waters tached to the footrope or fishing line; with a northern boundary of 61° 49′ N. (iii) Except for the small mesh al- lat., a southern boundary of 58° 39′ N. lowed under paragraph (9)(ix) of this lat., and a western boundary of the definition: U.S.-Russian Convention line of 1867. (A) Has no mesh tied to the fishing Authorized distributor means a tax-ex- line, headrope, and breast lines with empt organization authorized by NMFS less than 20 inches (50.8 cm) between to coordinate the processing, storage, knots and has no stretched mesh size of transportation, and distribution of less than 60 inches (152.4 cm) aft from salmon taken as bycatch in the all points on the fishing line, headrope, groundfish trawl fisheries to tax-ex- and breast lines and extending past the empt hunger relief agencies, food bank fishing circle for a distance equal to or networks, and food bank distributors. greater than one half the vessel’s LOA; Authorized fishing gear means, fixed or gear, hook-and-line, jig, longline, (B) Has no parallel lines spaced closer longline pot, nonpelagic trawl, than 64 inches (162.6 cm) from all nontrawl, pelagic trawl, pot-and-line, points on the fishing line, headrope, trawl, hand troll gear, and power troll and breast lines and extending aft to a gear: section of mesh, with no stretched (1) Fixed gear means: mesh size of less than 60 inches (152.4 (i) For sablefish harvested from any cm) extending aft for a distance equal GOA reporting area, all hook-and-line to or greater than one half the vessel’s gear and, for purposes of determining LOA; initial IFQ allocation, all pot gear used (iv) Has no stretched mesh size less to make a legal landing. than 15 inches (38.1 cm) aft of the mesh (ii) For sablefish harvested from any described in paragraph (9)(iii) of this BSAI reporting area, all hook-and-line definition for a distance equal to or gear and all pot gear. greater than one half the vessel’s LOA; (iii) For halibut harvested from any (v) Contains no configuration in- IFQ regulatory area, all fishing gear tended to reduce the stretched mesh comprised of lines with hooks at- sizes described in paragraphs (9)(iii) tached, including one or more sta- and (iv) of this definition; tionary, buoyed, and anchored lines (vi) Has no flotation other than with hooks attached. floats capable of providing up to 200 lb
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(90.7 kg) of buoyancy to accommodate Bering Sea and Aleutian Islands Man- the use of a net-sounder device; agement Area (BSAI), for purposes of (vii) Has no more than one fishing regulations governing the groundfish line and one footrope for a total of no fisheries, means the Bering Sea and more than two weighted lines on the Aleutian Islands subareas (see Figure 1 bottom of the trawl between the wing of this part). tip and the fishing circle; Bering Sea Subarea of the BSAI means (viii) Has no metallic component ex- that portion of the EEZ contained in cept for connectors (e.g., hammerlocks Statistical Areas 508, 509, 512, 513, 514, or swivels) or a net-sounder device aft 516, 517, 518, 519, 521, 523, 524, and 530 of the fishing circle and forward of any (see Figure 1 of this part). mesh greater than 5.5 inches (14.0 cm) Bled codend means a form of discard stretched measure; by vessels using trawl gear wherein (ix) May have small mesh within 32 ft some or all of the fish are emptied into (9.8 m) of the center of the headrope as the sea from the net before fish are needed for attaching instrumentation brought fully on board. (e.g., net-sounder device); and Bogoslof District means that part of (x) May have weights on the wing the Bering Sea Subarea contained in tips. Statistical Area 518 (see Figure 1 of (9) Pot-and-line means a stationary, this part). buoyed line with a single pot attached, Breast line means the rope or wire or the taking of fish by means of such running along the forward edges of the a device. side panels of a net, or along the for- (10) Trawl has the meaning specified ward edge of the side rope in a rope in § 600.10 of this chapter. For purposes trawl. of this part, this definition includes, Briefing means a short (usually 2–4 but is not limited to, Danish seines and day) training session that observers otter trawls. must complete to fulfill certification (11) Hand troll gear means, for pur- requirements. poses of the High Seas Salmon Fishery, one or more lines with lures or hooks Buying station means a person or ten- attached, drawn through the water be- der vessel that receives unprocessed hind a moving vessel, and retrieved by groundfish from a vessel for delivery to hand or hand-cranked reels or gurdies a shoreside processor or mothership and not by any electrically, hydrau- and that does not process those fish. lically, or mechanically-powered device Bycatch Limitation Zone 1 (Zone 1) or attachment. means that part of the Bering Sea Sub- (12) Power troll gear means, for pur- area that is contained within the poses of the High Seas Salmon Fishery, boundaries of Statistical Areas 508, 509, one or more lines, with hooks or lures 512, and 516 (see Figure 1 of this part). attached, drawn through the water be- Bycatch Limitation Zone 2 (Zone 2) hind a moving vessel, and originating means that part of the Bering Sea Sub- from a power gurdy or power-driven area that is contained within the spool fastened to the vessel, the exten- boundaries of Statistical Areas 513, 517, sion or retraction of which is directly and 521 (see Figure 1 of this part). to the gurdy or spool. Bycatch rate means: Basis species means any species or (1) For purposes of § 679.21(f) with re- species group that is open to directed spect to halibut, means the ratio of the fishing that the vessel is authorized to total round weight of halibut, in kilo- harvest. grams, to the total round weight, in Bering Sea and Aleutian Islands Area, metric tons, of groundfish for which a for purposes of regulations governing TAC has been specified under § 679.20 the commercial King and Tanner crab while participating in any of the fish- fisheries, means those waters of the eries defined under § 679.21(f). EEZ off the west coast of Alaska lying (2) For purposes of § 679.21(f) with re- south of Point Hope (68°21′ N. lat), and spect to red king crab, means the ratio extending south of the Aleutian Islands of number of red king crab to the total for 200 nm west of Scotch Cap Light round weight, in metric tons, of BSAI (164°44′36″ W. long). groundfish for which a TAC has been
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specified under § 679.20 while partici- used to catch, take, or harvest morato- pating in the BSAI yellowfin sole and rium crab species that are retained on BSAI ‘‘other trawl’’ fisheries, as de- board as fresh fish product at any time. fined under § 679.21(f). Catcher vessel designation means, for Bycatch species means any species or purposes of the license limitation pro- species group for which a maximum gram, a license designation that au- retainable bycatch amount is cal- thorizes the license holder: culated. (1) Designated on a groundfish license Catch (see 50 CFR 600.10.) to deploy a vessel to conduct directed Catcher/processor means: fishing for, but not process, license (1) With respect to groundfish record- limitation groundfish on that vessel; or keeping and reporting, a vessel that is (2) Designated on a crab species li- used for catching fish and processing cense to deploy a vessel to conduct di- that fish. rected fishing for, but not process, crab (2) (Applicable through December 31, species on that vessel. 1999). With respect to moratorium Catcher Vessel Operational Area groundfish or crab species, a vessel (CVOA) (see Figure 2 of this part and that can be used as a catcher vessel § 679.22(a)(5)). and that can process or prepare fish to CBL means crab bycatch limit. render it suitable for human consump- CDQ allocation means a percentage of tion, industrial use, or long-term stor- a CDQ reserve specified under § 679.31 age, including, but not limited to, that is assigned to a CDQ group when cooking, canning, smoking, salting, NMFS approves a proposed CDP. drying, freezing, and rendering into CDQ group means a qualified appli- meal or oil, but not including heading cant with an approved CDP. and gutting unless additional prepara- CDQ number means a number as- tion is done. signed to a CDQ group by NMFS that (3) With respect to subpart E of this must be used on all reports submitted part, a processor vessel that is used for, by the CDQ group or by vessels and or equipped to be used for, catching processors catching CDQ or PSQ under fish and processing that fish. an approved CDP. Catcher/processor vessel designation CDQ project means any program that means, for purposes of the license limi- is funded by a CDQ group’s assets for tation program, a license designation the economic or social development of that authorizes the license holder: a community or group of communities (1) Designated on a groundfish license that are participating in a CDQ group, to deploy a vessel to conduct directed including, but not limited to, infra- fishing for license limitation ground- structure development, CDQ invest- fish and process license limitation ments, employment and training pro- groundfish on that vessel or to conduct grams, and CDP administration. only directed fishing for license limita- CDQ representative means the indi- tion groundfish; or vidual who is the official contact for (2) Designated on a crab species li- NMFS regarding all matters relating cense to deploy a vessel to conduct di- to a CDQ group’s activities. rected fishing for crab species and CDQ species means any species or spe- process crab species on that vessel or cies group that has been assigned to a to conduct only directed fishing for CDQ reserve under § 679.31. crab species. Central Aleutian District means that Catcher vessel means: part of the Aleutian Islands Subarea (1) With respect to groundfish record- contained in Statistical Area 542 (see keeping and reporting, the PSD pro- Figure 1 of this part). gram and subpart E of this part, a ves- Central Gulf or GOA Central Regu- sel that is used for catching fish and latory Area means that portion of the that does not process fish on board. GOA EEZ that is contained in Statis- (2) (Applicable through December 31, tical Areas 620 and 630 (see Figure 3 to 1999). With respect to moratorium this part). groundfish, as defined in paragraph (1) Chief, RAM Division means Chief of of this definition; with respect to mor- the Restricted Access Management Di- atorium crab species, a vessel that is vision, NMFS, Alaska Region.
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Chinook Salmon Savings Area of the ner Crab Fisheries in the Bering Sea/ BSAI (see § 679.21(e)(7)(vii)(B)). Aleutian Islands, including, but not Chum Salmon Savings Area of the BSAI limited to, red king crab (Paralithodes CVOA (see § 679.21(e)(7)(vi)(B)). camtschatica), blue king crab Civil judgment, for purposes of subpart (Paralithodes platypus), brown or golden E of this part, means a judgment or king crab (Lithodes aequispina), scarlet finding of a civil offense by any court or deep sea king crab (Lithodes couesi), of competent jurisdiction. Tanner or bairdi crab (Chionoecetes Clearing officer means a NMFS special bairdi), opilio or snow crab agent, a NMFS fishery enforcement of- (Chionoecetes opilio), grooved Tanner ficer, or a NMFS enforcement aide who crab (Chionoecetes tanneri), and triangle performs the function of clearing ves- Tanner crab (Chionoecetes angulatus). sels at one of the primary ports listed Crab species license means a license in § 679.5(l)(3)(viii). issued by NMFS that authorizes the li- Commercial fishing, for purposes of the cense holder designated on the license High Seas Salmon Fishery, means fish- to deploy a vessel to conduct directed ing for fish for sale or barter. fishing for crab species. Commissioner of ADF&G means the Debriefing means the post-deploy- principal executive officer of ADF&G. ment process that includes a one-on- Community Development Plan (CDP) one interview with NMFS staff, a means a business plan for the economic NMFS preliminary data review, ob- and social development of a specific server completion of all data correc- Western Alaska community or group of tions noted, observer preparation of af- communities under the CDQ program fidavits and reports, and completion of at § 679.30. tasks related to biological specimens Community Development Quota (CDQ) or special projects. means the amount of a CDQ species es- Decertification, as used in § 679.50(j), tablished under § 679.31 that is allo- means action taken by a decertifying cated to the CDQ program. official under § 679.50(j)(7) to revoke in- Community Development Quota Pro- definitely certification of observers or gram (CDQ Program) means the Western observer contractors under this sec- Alaska Community Development tion; an observer or observer con- Quota Program implemented under tractor whose certification is so re- subpart C of this part. voked is decertified. Community Development Quota reserve Decertifying official, for purposes of (CDQ reserve) means a percentage of a subpart E of this part, means a des- total allowable catch for groundfish, a ignee authorized by the Regional Ad- percentage of a catch limit for halibut, ministrator to impose decertification. or percentage of a guideline harvest Deep water flatfish (see annual final level for crab that has been set aside specifications published in the FED- for purposes of the CDQ program. ERAL REGISTER pursuant to §679.20(c).) Conviction, for purposes of subpart E Deployment means the period between of this part, means a judgment or con- an observer’s arrival at the point of viction of a criminal offense by any embarkation and the date the observer court of competent jurisdiction, wheth- disembarks for travel to debriefing. er entered upon a verdict or a plea, and Direct financial interest means any includes a conviction entered upon a source of income to, or capital invest- plea of nolo contendere. ment or other interest held by, an indi- C. Opilio Crab Bycatch Limitation Zone vidual, partnership, or corporation or (COBLZ) (see §679.21(e) and Figure 13 to an individual’s spouse, immediate fam- this part. ily member or parent that could be in- Council means North Pacific Fishery fluenced by performance or non-per- Management Council. formance of observer or observer con- Daily reporting period or day is the pe- tractor duties. riod from 0001 hours, A.l.t., until the Directed fishing means: following 2400 hours, A.l.t. (1) With respect to groundfish record- Crab species means all crab species keeping and reporting, any fishing ac- covered by the Fishery Management tivity that results in the retention of Plan for the Commercial King and Tan- an amount of a species or species group
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on board a vessel that is greater than sions in paragraph (2) of this definition; the maximum retainable bycatch or amount for that species or species (2) To whom the fishing history of a group as calculated under § 679.20. vessel from which the minimum num- (2) (Applicable through December 31, ber of documented harvests of license 1999). With respect to moratorium limitation groundfish or crab species groundfish species, directed fishing as were made in the relevant areas during defined in paragraph (1) of this defini- the qualifying periods specified in tion, or, with respect to moratorium § 679.4(k)(4) and (k)(5) has been trans- crab species, the catching and retain- ferred or retained by the express terms ing of any moratorium crab species. of a written contract that clearly and (3) With respect to license limitation unambiguously provides that the quali- groundfish species, directed fishing as fications for a license under the LLP defined in paragraph (1) of this defini- have been transferred or retained; or tion, or, with respect to license limita- (3) Who was an individual who held a tion crab species, the catching and re- State of Alaska permit for the Norton taining of any license limitation crab Sound king crab summer fishery in 1993 species. and 1994, and who made at least one Discard (see §600.10.) harvest of red or blue king crab in the relevant area during the period speci- Dockside sale means the transfer of fied in § 679.4(k)(5)(ii)(G), or a corpora- IFQ halibut or IFQ sablefish from the tion that owned or leased a vessel on person who harvested it to individuals June 17, 1995, that made at least one for personal consumption, and not for harvest of red or blue king crab in the resale. relevant area during the period in means a lawful Documented harvest § 679.4(k)(5)(ii)(G), and that was oper- harvest that was recorded in compli- ated by an individual who was an em- ance with Federal and state commer- ployee or a temporary contractor; or cial fishing regulations in effect at the (4) Who is an individual that can time of harvesting. demonstrate eligibility pursuant to the Donut Hole means the international provisions of the Rehabilitation Act of waters of the Bering Sea outside the 1973 at 29 U.S.C. 794(a). limits of the EEZ and Russian eco- Eligible community means a commu- nomic zone as depicted on the current nity that is listed in Table 7 to this edition of NOAA chart INT 813 Bering part or that meets all of the following Sea (Southern Part). requirements: Eastern Aleutian District means that (1) The community is located within part of the Aleutian Islands Subarea 50 nm from the baseline from which the contained in Statistical Area 541 (see breadth of the territorial sea is meas- Figure 1 of this part). ured along the Bering Sea coast from Eastern Gulf or GOA Eastern Regu- the Bering Strait to the most western latory Area means the Reporting Areas of the Aleutian Islands, or on an island 649 and 659 and that portion of the GOA within the Bering Sea. A community is EEZ that is contained in Statistical not eligible if it is located on the GOA Areas 640 and 650 (see Figure 3 to this coast of the North Pacific Ocean, even part). if it is within 50 nm of the baseline of Eligible applicant means a qualified the Bering Sea. person who submitted an application (2) That is certified by the Secretary during the application period an- of the Interior pursuant to the Native nounced by NMFS and: Claims Settlement Act (Pub. L. 92–203) (1) Who owned a vessel on June 17, to be a native village. 1995, from which the minimum number (3) Whose residents conduct more of documented harvests of license limi- than half of their current commercial tation groundfish or crab species were or subsistence fishing effort in the wa- made in the relevant areas during the ters of the BSAI. qualifying periods specified in (4) That has not previously developed § 679.4(k)(4) and (k)(5), unless the fish- harvesting or processing capability suf- ing history of that vessel was trans- ficient to support substantial ground- ferred in conformance with the provi- fish fisheries participation in the BSAI,
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unless the community can show that rected fishing closures or the IR/IU benefits from an approved CDP would program, an operator of a vessel is en- be the only way to realize a return gaged in a fishing trip from the time from previous investments. The com- the harvesting, receiving, or processing munity of Unalaska is excluded under of groundfish is begun or resumed in an this provision. area until: Federal waters means waters within (i) The effective date of a notification the EEZ off Alaska. prohibiting directed fishing in the Fish product weight means the weight same area under § 679.20 or § 679.21; of the fish product in pounds or to at (ii) The offload or transfer of all fish least the nearest thousandth of a met- or fish product from that vessel; ric ton (0.001 mt). Fish product weight (iii) The vessel enters or leaves an is based upon the number of production area where a different directed fishing units and the weight of those units. prohibition applies; or Production units include pans, cartons, (iv) The end of a weekly reporting pe- blocks, trays, cans, bags, and indi- riod, whichever comes first. vidual fresh or frozen fish. The weight (2) IFQ program. With respect to the of a production unit is the average IFQ program, the period beginning weight of representative samples of the when a vessel operator commences har- product, and, for fish other than fresh vesting IFQ species and ending when fish, may include additives or water the vessel operator lands any species. but not packaging. Any allowance for (3) Groundfish observer program. With water added cannot exceed 5 percent of respect to subpart E of this part, one of the gross product weight (fish, addi- the following periods: tives, and water). Fishermen means persons who catch, (i) For a vessel used to process take, or harvest fish. groundfish or a catcher vessel used to Fishing circle means the circum- deliver groundfish to a monthership, a ference of a trawl intersecting the cen- weekly reporting period during which ter point on a fishing line, and that is one or more fishing days occur. perpendicular to the long axis of a (ii) For a catcher vessel used to de- trawl. liver fish to other than a mothership, Fishing day means a 24-hour period, the time period during which one or from 0001 hours A.l.t. through 2400 more fishing days occur, that starts on hours A.l.t., in which fishing gear is re- the day when fishing gear is first de- trieved and groundfish are retained. ployed and ends on the day the vessel Days during which a vessel only deliv- offloads groundfish, returns to an Alas- ers unsorted codends to a processor are kan port, or leaves the EEZ off Alaska not fishing days. and adjacent waters of the State of Fishing line means a length of chain Alaska. or wire rope in the bottom front end of Fishing year means 0001 hours, A.l.t., a trawl to which the webbing or lead on January 1, through 2400 hours, ropes are attached. A.l.t., on December 31 (see § 679.23). Fishing month refers to a time period Fixed gear sablefish CDQ reserve means calculated on the basis of weekly re- 20 percent of the sablefish fixed gear porting periods as follows: Each fishing TAC for each subarea in the BSAI for month begins on the first day of the which a sablefish TAC is specified first weekly reporting period that has under § 679.20(b)(1)(iii)(B). See also at least 4 days in the associated cal- § 679.31(b). endar month and ends on the last day Food bank distributor means a tax-ex- of the last weekly reporting period empt organization with the primary that has at least 4 days in that same purpose of distributing food resources calendar month. Dates of each fishing to hunger relief agencies. month will be announced in the FED- Food bank network means a tax-ex- ERAL REGISTER published under empt organization with the primary § 679.21(f)(5). purpose of coordinating receipt and de- Fishing trip means: (1) Groundfish di- livery of food resources to its member rected fishing closures or the UR/IU Pro- food bank distributors or hunger relief gram. With respect to groundfish di- agencies.
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Footrope means a chain or wire rope fishing for license limitation ground- attached to the bottom front end of a fish. trawl and attached to the fishing line. Groundfish product or fish product Forage fish means all species of the means any species product listed in Ta- following families: bles 1 and 2 to this part, excluding the (1) Osmeridae (eulachon, capelin and prohibited species listed in Table 2 to other smelts), this part. (2) Myctophidae (lanternfishes), Gulf of Alaska (GOA) means that por- (3) Bathylagidae (deep-sea smelts), tion of the EEZ contained in Statis- (4) Ammodytidae (Pacific sand lance), tical Areas 610, 620, 630, 640, and 650 (see (5) Trichodontidae (Pacific sandfish), Figure 3 of this part). (6) Pholidae (gunnels), (7) Stichaeidae (pricklebacks, Halibut means Pacific halibut warbonnets, eelblennys, cockscombs (Hippoglossus stenolepis). and shannys), Halibut CDQ fishing means the fol- (8) Gonostomatidae (bristlemouths, lowing: lightfishes, and anglemouths), and (1) Catcher vessel. The following con- (9) The Order Euphausiacea (krill). ditions are met at all times: Gear deployment means: (i) Halibut CDQ is retained and the (1) For trawl gear: Where the trawl weight of halibut CDQ plus halibut IFQ gear reaches the fishing level and be- onboard the vessel at any time rep- gins to fish. resents the largest proportion of the (2) For jig/troll, hook-and-line, or retained catch in round weight equiva- longline gear: Where the gear enters lent onboard the vessel at that time, the water. and (3) For pot-and-line gear: Where the (ii) For catcher vessels less than 60 ft first pot enters the water. (18.3 m) LOA, the round weight equiva- Gear retrieval means: lent of non-CDQ groundfish does not (1) For trawl gear: Where retrieval of exceed the maximum retainable by- trawl cable commences. catch amounts for these species or spe- (2) For jig/troll gear: Where the jig/ troll gear leaves the water. cies groups as established in § 679.20(e) (3) For hook-and-line or longline pot and (f). gear: Where the last hook-and-line or (2) Catcher/processor. Halibut CDQ is longline pot gear of a set leaves the retained from a set and the weight of water, regardless of where the majority halibut CDQ plus halibut IFQ rep- of the haul or set took place. resents the largest proportion of the (4) For pot-and-line gear: Where the retained catch in round weight equiva- last pot of a set leaves the water. lent from that set. Groundfish means target species and Halibut CDQ reserve means the the ‘‘other species’’ category, specified amount of the halibut catch limit for annually pursuant to § 679.20(a)(2). IPHC regulatory areas 4B, 4C, 4D, and Groundfish CDQ fishing means fishing 4E that is reserved for the halibut CDQ by an eligible vessel listed on an ap- program (see § 679.31(b)). proved CDP that results in the catch of Harvesting or to harvest means the any groundfish CDQ species, but that catching and retaining of any fish. does not meet the definition of halibut Headrope means a rope bordering the CDQ fishing. top front end of a trawl. Groundfish CDQ fishing (applicable through December 31, 1998) means fish- Herring Savings Area means any of ing by an eligible vessel listed on an three areas in the BSAI presented in approved CDP that results in the catch Figure 4 (see also § 679.21(e)(7)(v) for ad- of any CDQ or PSQ species other than ditional closure information). pollock CDQ, halibut CDQ, and fixed High Seas Salmon Management Area gear sablefish CDQ. means the portion of the EEZ off Alas- Groundfish license means a license ka east of 175 degrees E. long. The High issued by NMFS that authorizes the li- Seas Salmon Management Area is di- cense holder designated on the license vided into a West Area and an East to deploy a vessel to conduct directed Area:
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(1) The West Area consists of the wa- GOA and any subarea of the BSAI, and ters of the High Seas Salmon Manage- all waters of the State of Alaska be- ment Area which are west of 143°53′36″ tween the shore and the inshore bound- W. long. (Cape Suckling). ary of such regulatory areas and sub- (2) The East Area consists of the wa- areas, except waters of Prince William ters of the High Seas Salmon Manage- Sound and areas in which sablefish ment Area east of 143°53′36″ W. long. fishing is managed under a State of Hunger relief agency means a tax-ex- Alaska limited entry program. empt organization with the primary IFQ sablefish means any sablefish purpose of feeding economically dis- that is harvested with fixed gear, ei- advantaged individuals free of charge. ther in the EEZ off Alaska or in waters Indictment, for purposes of subpart E of the State of Alaska, by persons hold- of this part, means indictment for a ing an IFQ permit, but does not include criminal offense. An information or sablefish harvested in Prince William other filing by competent authority Sound or under a State of Alaska lim- charging a criminal offense must be ited entry program. given the same effect as an indictment. Inshore component in the BSAI (appli- Individual means a natural person cable through December 31, 2004) means who is not a corporation, partnership, the following categories that process association, or other such entity. groundfish harvested in the BSAI: Individual fishing quota (IFQ) means (1) Shoreside processors, including the annual catch limit of sablefish or those eligible under section 208(f) of halibut that may be harvested by a the American Fisheries Act; and person who is lawfully allocated a har- (2) Vessels less than 125 ft (38.1 m) vest privilege for a specific portion of LOA that process less than 126 mt per the TAC of sablefish or halibut. week in round-weight equivalents of an IFQ crew member means any indi- aggregate amount of pollock and Pa- vidual who has at least 150 days experi- cific cod. ence working as part of the harvesting Inshore component in the GOA (appli- crew in any U.S. commercial fishery, cable through December 31, 2001) means or any individual who receives an ini- the following three categories of the tial allocation of QS. For purposes of U.S. groundfish fishery that process this definition, ‘‘harvesting’’ means groundfish harvested in the BSAI or work that is directly related to the GOA: catching and retaining of fish. Work in (1) Shoreside processing operations; support of harvesting, but not directly (2) Vessels less than 125 ft (38.1 m) involved with harvesting, is not consid- LOA that process no more than 126 mt ered harvesting crew work. For exam- per week in round-weight equivalents ple, searching for fish, work on a fish- of an aggregate amount of pollock and ing vessel only as an engineer or cook, Pacific cod; and or work preparing a vessel for a fishing (3) Vessels that process pollock or trip would not be considered work of a Pacific cod, harvested in a directed harvesting crew. fishery for those species, at a single ge- IFQ halibut means any halibut that is ographic location in Alaska State wa- harvested with fixed gear in any IFQ ters during a fishing year. regulatory area. IPHC means International Pacific IFQ landing means the unloading or Halibut Commission (see part 300 of transferring of any IFQ halibut, IFQ chapter III of this title). sablefish, or products thereof from the IR/IU means the improved retention/ vessel that harvested such fish. improved utilization program set out IFQ regulatory area means: at § 679.27. (1) With respect to IFQ halibut, areas IR/IU species means any groundfish 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as pre- species that is regulated by a retention scribed in the annual management or utilization requirement set out at measures published in the FEDERAL § 679.27. REGISTER pursuant to § 300.62 of chapter King crab means red king crab III of this title. (Paralithodes camtschatica), blue king (2) With respect to IFQ sablefish, any crab (P. platypus), brown (or golden) of the three regulatory areas in the king crab (Lithodes aequispina), and
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scarlet (or deep sea) king crab (Lithodes Managing organization means the or- couesi). ganization responsible for managing all Landing means offloading fish. or part of a CDP. Legal landing means a landing in Maximum LOA (MLOA) means: compliance with Federal and state (1) Applicable through December 31, commercial fishing regulations in ef- 1999, with respect to a vessel’s eligi- fect at the time of landing. bility for a moratorium permit: Legal landing of halibut or sablefish (i) Except for a vessel under recon- (see § 679.40(a)(3)(v)). struction on June 24, 1992, if the origi- nal qualifying LOA is less than 125 ft Legal proceedings, for purposes of sub- (38.1 m) LOA, 1.2 times the original part E of this part, means any civil ju- qualifying LOA or 125 ft (38.1 m), dicial proceeding to which the Govern- whichever is less. ment is a party or any criminal pro- (ii) Except for a vessel under recon- ceeding. The term includes appeals struction on June 24, 1992, if the origi- from such proceedings. nal qualifying LOA is equal to or great- Length overall (LOA) of a vessel er than 125 ft (38.1 m), the original means the horizontal distance, rounded qualifying LOA. to the nearest foot, between the fore- (iii) For an original qualifying vessel most part of the stem and the after- under reconstruction on June 24, 1992, most part of the stern, excluding the LOA on the date reconstruction bowsprits, rudders, outboard motor was completed, provided that max- brackets, and similar fittings or at- imum LOA is certified under tachments (see Figure 6 of this part; § 679.4(c)(9). see also maximum LOA, original quali- (2) With respect to the license limita- fying LOA, and reconstruction). tion program, the LOA of the vessel on License holder means the person who June 24, 1992, unless the vessel was less is named on a currently valid ground- than 125 ft (38.1 m) on June 24, 1992, fish license or crab species license. then 1.2 times the LOA of the vessel on License limitation groundfish means June 24, 1992, or 125 ft (38.1 m), which- target species and the ‘‘other species’’ ever is less. However, if the vessel was category, specified annually pursuant under reconstruction on June 24, 1992, to § 679.20(a)(2), except that demersal then the basis for the MLOA will be the shelf rockfish east of 140° W. long. and LOA of the vessel on the date that re- sablefish managed under the IFQ pro- construction was completed and not gram are not considered license limita- June 24, 1992. The following exceptions tion groundfish. apply regardless of how the MLOA was Logbook means Daily Cumulative determined. Production Logbook (DCPL), Daily Cu- (i) If the vessel’s LOA on June 17, mulative Logbook (DCL), or a Daily 1995, was less than 60 ft (18.3 m), or if Fishing Logbook (DFL) required by the vessel was under reconstruction on June 17, 1995, and the vessel’s LOA on § 679.5. the date that reconstruction was com- Lost or destroyed vessel (applicable pleted was less than 60 ft (18.3 m), then through December 31, 1998) means a ves- the vessel’s MLOA cannot exceed 59 ft sel that has sunk at sea or has been de- (18 m). stroyed by fire or other accident and (ii) If the vessel’s LOA on June 17, has been reported to the USCG on 1995, was greater than or equal to 60 ft USCG Form 2692, Report of Marine Cas- (18.3 m) but less than 125 ft (38.1 m), or ualty. if the vessel was under reconstruction Management area means any district, on June 17, 1995, and the vessel’s LOA regulatory area, subpart, part, or the on the date that reconstruction was entire GOA or BSAI. completed was greater than or equal to Manager, with respect to any shore- 60 ft (18.3 m) but less 125 ft (38.1 m), side processor or land-based buying then the vessel’s MLOA cannot exceed station, means the individual respon- 124 ft (37.8 m). sible for the operation of the shoreside (iii) If the vessel’s LOA on June 17, processor operation or land-based buy- 1995, was 125 ft (38.1 m) or greater, then ing station. the vessel’s MLOA is the vessel’s LOA
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on June 17, 1995, or if the vessel was Observed or observed data refers to under reconstruction on June 17, 1995, data collected by observers (see and the vessel’s LOA on the date that § 679.21(f)(7) and subpart E of this part). reconstruction was completed was 125 Observer means any individual that is ft (38.1 m) or greater, then the vessel’s awarded NMFS certification to serve as MLOA is the vessel’s LOA on the date an observer under this part, is em- reconstruction was completed. ployed by an observer contractor for Moratorium crab species (applicable the purpose of providing observer serv- through December 31, 1999) means spe- ices to vessels or shoreside processors cies of king or Tanner crabs harvested under this part, and is acting within in the Bering Sea and Aleutian Islands the scope of his/her employment. Area, the commercial fishing for which Observer contractor means any person is governed by this part. that is awarded NMFS certification to Moratorium groundfish species (appli- provide observer services to vessels and cable through December 31, 1999) means shoreside processors under subpart E species of groundfish, except sablefish and who contracts with observers to caught with fixed gear, harvested in provide these services. the GOA or in the BSAI, the commer- Observer Program Office means the ad- cial fishing for which is governed by ministrative office of the Groundfish this part. Observer Program located at Alaska Moratorium qualification (applicable Fisheries Science Center (see AD- through December 31, 1999) with re- DRESSES, part 600). spect to the groundfish and crab vessel Official LLP record means the infor- moratorium program means a transfer- mation prepared by the Regional Ad- able prerequisite for a moratorium per- ministrator about vessels that were mit. used to participate in the groundfish Moratorium species means: and crab fisheries during the qualifying (1) (Applicable through June 30, 2000) periods for the License Limitation Pro- any scallop species. gram (LLP). Information in the official (2) (Applicable through December 31, LLP record includes vessel ownership 1999) any moratorium crab species or information, documented harvests moratorium groundfish species. made from vessels during the qualifica- Mothership means: tion periods, and vessel characteristics. (1) A vessel that receives and proc- The official LLP record is presumed to esses groundfish from other vessels; or be correct for the purpose of deter- (2) With respect to subpart E of this mining eligibility for licenses. An ap- part, a processor vessel that receives plicant for a license under the LLP will and processes groundfish from other have the burden of proving that infor- vessels and is not used for, or equipped mation submitted in an application to be used for, catching groundfish. that is inconsistent with the official Nearshore Bristol Bay Trawl Closure LLP record is correct. Area of the BSAI (see § 679.22(a)(9)) Offshore component in the BSAI (appli- Net-sounder device means a sensor cable through December 31, 2004) means used to determine the depth from the all vessels not included in the defini- water surface at which a fishing net is tion of ‘‘inshore component in the operating. BSAI’’ that process groundfish in the Non-allocated or nonspecified species BSAI. means those fish species, other than Offshore component in the GOA (appli- prohibited species, for which TAC has cable through December 31, 2001) means not been specified (e.g., grenadier, all vessels not included in the defini- prowfish, lingcod). tion of ‘‘inshore component in the NMFS investigator, for purposes of GOA’’ that process groundfish in the subpart E of this part, means a des- BSAI or GOA. ignee authorized by the Regional Ad- Optimum yield means: ministrator to conduct investigations (1) With respect to the High Seas under this section. Salmon Fishery, that amount of any North Pacific fishery means any com- species of salmon which will provide mercial fishery in state or Federal wa- the greatest overall benefit to the Na- ters off Alaska. tion, with particular reference to food
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production and recreational opportuni- clusion that the fact at issue is more ties, as specified in the Salmon FMP. probably true than not. (2) With respect to the groundfish Primary product means a product, fisheries, see § 679.20(a)(1). such as fillets, made from each fish, Original qualifying LOA (applicable with the highest recovery rate (see through December 31, 1999) means the Table 1 to this part). LOA of the original moratorium quali- Processing, or to process, means the fying vessel on June 24, 1992. preparation of, or to prepare, fish or Original qualifying vessel (applicable crab to render it suitable for human through December 31, 1999) means a consumption, industrial uses, or long- vessel that made a legal landing during term storage, including but not limited the moratorium qualifying period. to cooking, canning, smoking, salting, Other flatfish (see annual final speci- drying, freezing, or rendering into meal fications published in the FEDERAL or oil, but does not mean icing, bleed- REGISTER pursuant to §679.20(c).) ing, heading, or gutting. Other red rockfish (see annual final Processor vessel means, unless other- specifications published in the FED- wise restricted, any vessel that has ERAL REGISTER pursuant to §679.20(c); been issued a Federal fisheries permit see also ‘‘rockfish’’ at § 679.2.) and that can be used for processing Other rockfish (see annual final speci- groundfish. fications published in the FEDERAL Prohibited species catch (PSC) means REGISTER pursuant to § 679.20(c); see any of the species listed in § 679.21(b). also ‘‘rockfish’’ at § 679.2.) Prohibited species quota (PSQ) means Other species is a category that con- the amount of a prohibited species sists of groundfish species in each man- catch limit established under agement area that are not specified as § 679.21(e)(1) and (e)(2) that is allocated target species (see Table 1 of the speci- to the groundfish CDQ program under fications provided at § 679.20(c)). § 679.21(e)(1)(i) and (e)(2)(ii). Person means: PRR means standard product recov- (1) For purposes of IFQ species and ery rate (see Table 3 of this part). the CDQ program, any individual who PSD Permit means a permit issued by is a citizen of the United States or any NMFS to an applicant who qualifies as corporation, partnership, association, an authorized distributor for purposes or other entity (or its successor-in-in- of the PSD. terest), regardless of whether organized PSD Program means the Prohibited or existing under the laws of any state, Species Donation Program established who is a U.S. citizen. under § 679.26. (2) For purposes of High Seas Salmon PSQ allocation means a percentage of Fishery permits issued under § 679.4(h), a PSQ reserve specified under the term ‘‘person’’ excludes any § 679.21(e)(1)(i) and (e)(2)(ii) that is as- nonhuman entity. signed to a CDQ group when NMFS ap- (3) (Applicable through December 31, proves a proposed CDP. See also 1999). For purposes of the moratorium, § 679.31(d). any individual who is a citizen of the PSQ species means any species that United States or any U.S. corporation, has been assigned to a PSQ reserve partnership, association, or other enti- under § 679.21(e)(1)(i) and (e)(2)(ii) for ty (or its successor-in-interest), regard- purposes of the CDQ program. See also less of whether organized or existing § 679.31(d). under the laws of any state. Qualified applicant means, for the Personal use fishing means, for pur- purposes of the CDQ program: poses of the High Seas Salmon Fishery, (1) A local fishermen’s organization fishing other than commercial fishing. that: Pollock roe means product consisting (i) Represents an eligible community of pollock eggs, either loose or in sacs or group of eligible communities; or skeins. (ii) Is incorporated under the laws of Preponderance of the evidence, for pur- the State of Alaska or under Federal poses of subpart E of this part, means law; and proof by information that, compared (iii) Has a board of directors com- with that opposing it, leads to the con- posed of at least 75 percent resident
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fishermen of the community (or group Alaska Region, NMFS, as defined at of communities); or § 600.10 of this chapter, or a designee. (2) A local economic development or- Regulatory area means any of three ganization that: areas of the EEZ in the GOA (see Fig- (i) Represents an eligible community ure 3 of this part). or group of communities; Reporting area (see Figures 1 and 3 to (ii) Is incorporated under the laws of this part) means: the State of Alaska or under Federal (1) An area that includes a statistical law specifically for the purpose of de- area of the EEZ off Alaska and any ad- signing and implementing a CDP; and jacent waters of the State of Alaska; (iii) Has a board of directors com- (2) The reporting areas 300, 400, 550, posed of at least 75 percent resident and 690, which do not contain EEZ wa- fishermen of the community (or group ters off Alaska or Alaska state waters; of communities). or Qualified Person means: (3) Reporting areas 649 and 659, which (1) With respect to the IFQ program, contain only waters of the State of see IFQ Management Measures at Alaska. § 679.40(a)(2). Reprocessed or rehandled product (2) With respect to the license limita- means a product, such as meal, that re- tion program, a person who was eligi- sults from processing a previously re- ble on June 17, 1995, to document a ported product or from rehandling a fishing vessel under Chapter 121, Title previously reported product (see Table 46, U.S.C. 1 to this part). means an indi- Qualifying period (applicable through Resident fisherman December 31, 1999) with respect to the vidual with documented commercial or groundfish and crab vessel moratorium subsistence fishing activity who main- program means the period to qualify tains a mailing address and permanent for the moratorium from January 1, domicile in an eligible community and 1988, through February 9, 1992. is eligible to receive an Alaska Perma- nent Fund dividend at that address. Quarter, or quarterly reporting period, Retain on board (see §§ 600.10 and 679.27 means one of four successive 3-month of this chapter.) periods, which begin at 0001 hours, Rockfish means: A.l.t., on the first day of each quarter, (1) For the Gulf of Alaska: Any spe- and end at 2400 hours, A.l.t., on the last cies of the genera Sebastes or day of each quarter, as follows: Sebastelobus except Sebastes melanops, (1) 1st quarter: January 1 through (black rockfish), and Sebastes mystinus, March 31. (blue rockfish). (2) 2nd quarter: April 1 through June (2) For the Bering Sea and Aleutian 30. Islands Management Area: Any species (3) 3rd quarter: July 1 through Sep- of the genera Sebastes or Sebastelobus. tember 30. Round-weight equivalent means the (4) 4th quarter: October 1 through De- weight of groundfish calculated by di- cember 31. viding the weight of the primary prod- Quota share (QS) means a permit, the uct made from that groundfish by the face amount of which is used as a basis PRR for that primary product as listed for the annual calculation of a person’s in Table 3 of this part, or, if not listed, IFQ. the weight of groundfish calculated by Reconstruction (applicable through De- dividing the weight of a primary prod- cember 31, 1999) means a change in the uct by the standard PRR as determined LOA of the vessel from its original using the best available evidence on a qualifying LOA. case-by-case basis. Red King Crab Savings Area (RKCSA) Sablefish (black cod) means of the BSAI (see § 679.22(a)(3)) Anoplopoma fimbria. Red King Crab Savings Subarea Salmon means the following species: (RKCSS) of the BSAI (see (1) Chinook (or king) salmon § 679.21(e)(3)(ii)(B)) (Oncorhynchus tshawytscha); Regional Administrator, for purposes of (2) Coho (or silver) salmon (O. this part, means the Administrator, kisutch);
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(3) Pink (or humpback) salmon (O. and Aleutian Islands Area where, if a gorbuscha); vessel is registered to fish for crab, (4) Sockeye (or red) salmon (O. that vessel is prohibited from fishing nerka); and for crab in any other registration area (5) Chum (or dog) salmon (O. keta). during that registration year. Scallop(s) means any species of the Support vessel means any vessel that family Pectinidae, including, without is used in support of other vessels regu- limitation, weathervane scallops lated under this part, including, but (Patinopectin caurinus). not limited to, supplying a fishing ves- Scallop Registration Area H (Cook sel with water, fuel, provisions, fishing Inlet) means all Federal waters of the equipment, fish processing equipment GOA west of the longitude of Cape or other supplies, or transporting proc- Fairfield (148°50′ W. long.) and north of essed fish. The term ‘‘support vessel’’ the latitude of Cape Douglas (58°52′ N. does not include processor vessels or lat.). tender vessels. Set means a string of pots or hook- Suspending official, for purposes of and-line gear or a group of pots that is subpart E of this part, means a des- deployed in a similar location with ignee authorized by the Regional Ad- similar soak time. ministrator to impose suspension. Shallow water flatfish (see annual Suspension, as used in § 679.50, means final specifications published in the action taken by a suspending official FEDERAL REGISTER pursuant to under § 679.50(j) to suspend certification § 679.20(c).) of observers or observer contractors Shoreside processor means any person temporarily until a final decision is or vessel that receives unprocessed made with respect to decertification. groundfish, except catcher/processors, Tanner crab means Chionoecetes spe- motherships, buying stations, res- cies or hybrids of these species. taurants, or persons receiving ground- fish for personal consumption or bait. Target species are those species or spe- cies groups, except the ‘‘other species’’ Shucking machine means any mechan- ical device that automatically removes category, for which a TAC is specified the meat or the adductor muscle from pursuant to § 679.20(a)(2). the shell. Tax-exempt organization means an or- Southeast Outside District of the GOA ganization that received a determina- means that part of the Eastern Regu- tion letter from the Internal Revenue latory Area contained in Statistical Service recognizing tax exemption Area 650 (see Figure 3 of this part). under 26 CFR part 1 (§§ 1.501 to 1.640). State means the State of Alaska. Tender vessel means a vessel that is Statistical area means the part of any used to transport unprocessed fish re- reporting area defined in Figures 1 and ceived from another vessel to a shore- 3 of this part, contained in the EEZ. side processor, mothership, or buying Steller Sea Lion Protection Areas (see station. Tables 4, 5, and 6 of this part and Transfer means: §§ 679.22(a)(7), (a)(8), 679.22(b)(2), and (1) Groundfish fisheries of the GOA and 223.202 of this title). BSAI. Any loading, offloading, ship- Stem means the forward part of a ves- ment or receipt of any groundfish prod- sel—that portion of the vessel where uct by a mothership, catcher/processor, the sides are united at the fore end or shoreside processor, including quan- with the lower end attached to the keel tities transferred inside or outside the and the bowsprit, if one is present, EEZ, within any state’s territorial wa- resting on the upper end. ters, within the internal waters of any Stern means the aft part of the vessel. state, at any shoreside processor, or at Stretched mesh size means the dis- any offsite meal reduction plant. tance between opposite knots of a four- (2) IFQ/CDQ fisheries. Any loading, sided mesh when opposite knots are offloading, shipment or receipt of any pulled tautly to remove slack. groundfish product, including quan- Superexclusive registration area means tities transferred inside or outside the any State of Alaska designated reg- EEZ, within any state’s territorial wa- istration area within the Bering Sea ters, within the internal waters of any
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state, at any shoreside processor, or at Western Gulf or GOA Western Regu- any offsite meal reduction plant. latory Areas means that portion of the Trawl test areas (see Figure 7 of this GOA EEZ that is contained in Statis- part and § 679.24(d)). tical Area 610 (see Figure 3 to this Unsorted codend is a codend of part). groundfish that is not brought on board [61 FR 31230, June 19, 1996, as amended at 61 a catcher vessel and that is delivered FR 33384, June 27, 1996; 61 FR 35578, July 5, to a mothership or shoreside processor 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, without the potential for sorting. No July 24, 1996; 61 FR 49981, Sept. 24, 1996; 61 FR other instance of catcher vessel har- 56429, Nov. 1, 1996; 61 FR 65987, Dec. 16, 1996; vest is considered an ‘‘unsorted 62 FR 2045, Jan. 15, 1997; 62 FR 17752, 17755, codend.’’ All other catch that does not Apr. 11, 1997; 62 FR 19687, Apr. 23, 1997; 62 FR meet this definition is considered 26428, May 14, 1997; 62 FR 38944, July 21, 1997; ‘‘presorted’’ whether or not sorting oc- 62 FR 63890, Dec. 3, 1997; 62 FR 66831, Dec. 22, curs. 1997; 63 FR 8360, Feb. 19, 1998; 63 FR 11168, Mar. 6, 1998; 63 FR 13011, Mar. 17, 1998; 63 FR U.S. citizen means: 30398, June 4, 1998; 63 FR 32145, June 12, 1998; (1) Any individual who is a citizen of 63 FR 38502, July 17, 1998; 63 FR 47355, Sept. the United States at the time of appli- 4, 1998; 63 FR 52654, Oct. 1, 1998; 63 FR 64878, cation for QS; or Nov. 24, 1998; 64 FR 3652, 3657, Jan. 25, 1999; 64 (2) Any corporation, partnership, as- FR 3882, Jan. 26, 1999; 64 FR 14077, Mar. 23, sociation, or other entity that would 1999; 64 FR 20213, Apr. 26, 1999] have qualified to document a fishing EFFECTIVE DATE NOTE 1: At 63 FR 52652, vessel as a vessel of the United States Oct. 1, 1998, § 679.2 was amended by revising during the QS qualifying years of 1988, the definitions for ‘‘Legal Landing’’, ‘‘Max- 1989, and 1990. imum LOA’’, ‘‘Processing or to process’’, and ‘‘Qualified Person’’, effective Jan. 1, 2000. For U.S.-Russian Boundary means the sea- the convenience of the user, the superseded ward boundary of Russian waters as de- text follows: fined in Figure 1 of this part. Vessel Activity Report (VAR) (see § 679.2 Definitions. § 679.5). Vessel operations category (see § 679.4). * * * * * Walrus Protection Areas (see Legal landing (applicable through June 30, § 679.22(a)(4)). 2000) means any amount of a moratorium Weekly reporting period means a time species that was or is landed in compliance period that begins at 0001 hours, A.l.t., with Federal and state commercial fishing Sunday morning (except during the regulations in effect at the time of the land- first week of each year, when it starts ing. on January 1) and ends at 2400 hours, A.l.t., the following Saturday night * * * * * (except during the last week of each year, when it ends on December 31). Maximum LOA (applicable through Decem- ber 31, 1998), with respect to a vessel’s eligi- West Yakutat District of the GOA bility for a groundfish or crab moratorium means that part of the GOA Eastern permit, means: Regulatory Area contained in Statis- (1) Except for a vessel under reconstruction tical Area 640 (see Figure 3 of this on June 24, 1992, if the original qualifying part). LOA is less than 125 ft (38.1 m) LOA, 1.2 Western Aleutian District means that times the original qualifying LOA or 125 ft part of the Aleutian Islands Subarea (38.1 m), whichever is less. contained in Statistical Area 543 (see (2) Except for a vessel under reconstruction on June 24, 1992, if the original qualifying Figure 1 of this part). LOA is equal to or greater than 125 ft (38.1 Wing tip means the point where adja- m), the original qualifying LOA. cent breast lines intersect or where a (3) For an original qualifying vessel under breast line intersects with the fishing reconstruction on June 24, 1992,the LOA on line. the date reconstruction was completed, pro- Vessel length category means the vided that maximum LOA is certified under length category of a vessel, based on § 679.4(c)(9). the assigned MLOA, used to determine eligibility. * * * * *
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Processing, or to process, means the prepara- the total round weight of all ground- tion of fish to render it suitable for human fish delivered to the processor. consumption, industrial uses, or long-term storage, including but not limited to cook- ing, canning, smoking, salting, drying, freez- * * * * * ing, or rendering into meal or oil, but does not mean icing, bleeding, heading, or gut- § 679.3 Relation to other laws. ting. (a) Foreign fishing for groundfish. Reg- ulations governing U.S. nationals fish- * * * * * ing in the Russian fisheries are set forth in part 300 of chapter III of this Qualified person (see IFQ Management title. Measures, § 679.40(a)(2)). (b) Domestic fishing for groundfish. (1) The conservation and management of * * * * * groundfish in waters of the territorial sea and internal waters of the State of EFFECTIVE DATE NOTE 2: At 64 FR 3437, Jan. Alaska are governed by the Alaska Ad- 22, 1999, § 679.2 was amended by adding the definition ‘‘American Fisheries Act’’, effec- ministrative Code at 5 AAC Chapter 28 tive Jan. 20, 1999, through July 19, 1999. At 64 and by the Alaska Statutes at Title 16. FR 33425, June 23, 1999, the effective date was (2) Alaska Administrative Code (5 extended from July 19, 1999, to Dec. 31, 1999. AAC 39.130) governs reporting and per- For the convenience of the user, the added mitting requirements using ADF&G definition is set forth as follows: ‘‘Intent to Operate’’ and ‘‘Fish Tick- ets.’’ § 679.2 Definitions. (c) Halibut. Additional regulations governing the conservation and man- * * * * * agement of halibut are set forth in sub- American Fisheries Act (AFA) (applica- part E of part 300 of chapter III of this ble through July 19, 1999) means Title title. II—Fisheries, Subtitles I and II, as (d) King and Tanner crab. Additional cited within the Omnibus Appropria- regulations governing conservation and tions Bill FY99 (Pub. L. 105–277). management of king crab and Tanner crab in the Bering Sea and Aleutian Is- lands Area are contained in Alaska * * * * * Statutes at A.S. 16 and Alaska Admin- istrative Code at 5 AAC Chapters 34, 35, EFFECTIVE DATE NOTE 3: At 64 FR 3881, Jan. 26, 1999, § 679.2 was amended in part by sus- and 39. pending the definition for ‘‘Groundfish CDQ (e) Incidental catch of marine mammals. fishing (applicable through December 31, Regulations governing exemption per- 1998)’’ and adding ‘‘Directed fishing for pol- mits and the recordkeeping and report- lock CDQ’’, effective Jan. 21, 1999, through ing of the incidental take of marine July 20, 1999. At 64 FR 34743, June 29, 1999, mammals are set forth in § 216.24 and the effective date was extended from July 20, part 229 of this title. 1999, through Dec. 31, 1999. For the conven- (f) Domestic fishing for high seas salm- ience of the user, the added definition is set forth as follows: on. (1) Additional regulations gov- erning the conservation and manage- § 679.2 Definitions. ment of high seas salmon are set forth in § 600.705 of this chapter. (2) This part does not apply to fishing * * * * * for salmon by vessels other than ves- Directed fishing for pollock CDQ means sels of the United States conducted fishing that results in the following: under subpart H, part 660 (West Coast (1) For each haul by a catcher/proc- Salmon Fisheries) under the North Pa- essor, the round weight of pollock rep- cific Fisheries Act of 1954, 16 U.S.C. resents 40 percent or more by weight of 1021-1035, concerning fishing for salmon the total round weight of all ground- seaward of Washington, Oregon, and fish in the haul. California. (2) For each delivery by a catcher (3) The High Seas Salmon Fishery is vessel, the round weight of pollock rep- administered in close coordination resents 40 percent or more by weight of with ADF&G’s administration of the
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State of Alaska’s regulations gov- be issued to an applicant until a com- erning the salmon troll fishery off plete application is received. Southeast Alaska. Because no commer- (iii) A separate application must be cial fishing for salmon is allowed in the completed for each vessel, processor, or EEZ west of Cape Suckling, all com- buying station and a copy must be re- mercial salmon fishing west of Cape tained of each completed or revised ap- Suckling must take place in Alaska’s plication. territorial sea and, consequently, is (iv) The information requested on the subject to Alaska’s management au- application must be typed or printed thority. legibly. (4) For State of Alaska statutes and (2) Amended applications. An owner, regulations governing commercial fish- operator, or manager who applied for ing, see Alaska Statutes, title 16—Fish and received a permit under this sec- and Game; title 5 of the Alaska Admin- tion must notify the Chief, RAM Divi- istrative Code, chapters 1-39. sion, in writing, of any change in the (5) For State of Alaska regulations information within 10 days of the date specifically governing the salmon troll of that change. fishery, see 5 Alaska Administrative (3) Alteration. No person may alter, Code 30 (Yakutat Area), and 5 Alaska erase, or mutilate any permit, card, or Administrative Code 33 (Southeastern document issued under this section. Alaska Area). Any such permit, card, or document (6) For State of Alaska statutes and that is intentionally altered, erased, or regulations governing sport and per- mutilated is invalid. sonal use salmon fishing other than (4) Disclosure. NMFS will maintain a subsistence fishing, see Alaska Stat- list of permitted processors that may utes, title 16—Fish and Game; 5 Alaska be disclosed for public inspection. Administrative Codes 42.010 through (5) Sanctions and denials. Procedures 75.995. governing permit sanctions and denials (7) For State of Alaska statutes and are found at subpart D of 15 CFR part regulations governing subsistence fish- 904. ing, see Alaska Statutes, title 16—Fish (6) Harvesting privilege. Quota shares, and Game; 5 Alaska Administrative permits, or licenses issued pursuant to Codes 01, 02, 39, and 99.010. this part are neither a right to the re- source nor any interest that is subject (g) Scallops. Additional regulations to the ‘‘takings’’ provision of the Fifth governing conservation and manage- Amendment to the U.S. Constitution. ment of scallops off Alaska are con- Rather, such quota shares, permits, or tained in Alaska Statutes A.S. 16 and licenses represent only a harvesting Alaska Administrative Code at 5 AAC privilege that may be revoked or Chapter 38. amended subject to the requirements of [61 FR 31230, June 19, 1996, as amended at 61 the Magnuson-Stevens Act and other FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, applicable law. 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, (b) Federal Fisheries permit—(1) July 17, 1998; 63 FR 47356, Sept. 4, 1998] Groundfish. No vessel of the United States may be used to fish for ground- § 679.4 Permits. fish in the GOA or BSAI unless the (a) General requirements—(1) Applica- owner first obtains a Federal fisheries tion. (i) A person may obtain or renew permit for the vessel, issued under this an application for any of the permits part. A Federal fisheries permit is under this section and must mail com- issued without charge. pleted forms to the Chief, RAM Divi- (2) Non-groundfish. A vessel of the sion. United States that fishes in the GOA or (ii) Upon receipt of an incomplete or BSAI for any non-groundfish species, improperly completed permit applica- including but not limited to halibut, tion, the Chief, RAM Division, will no- crab, salmon, scallops, and herring, and tify the applicant of the deficiency in that does not retain any bycatch of the permit application. If the applicant groundfish is not required to obtain a fails to correct the deficiency, the per- Federal fisheries permit under this mit will not be issued. No permit will part.
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(3) Vessel operations categories. (i) A (B) If a catcher vessel or catcher/ Federal fisheries permit authorizes a processor, the gear type(s) used for vessel to conduct operations in the groundfish operations. GOA and BSAI as a catcher vessel, (C) If a catcher vessel, whether catcher/processor, mothership, tender groundfish is retained only as bycatch vessel, or support vessel. from halibut, crab, or salmon fisheries; (ii) A vessel may be issued a Federal and whether sablefish is the only fisheries permit as a support vessel or groundfish targeted in the GOA. as any combination of the other four (D) If a mothership or catcher/proc- categories (catcher vessel, catcher/ essor, whether inshore or offshore, to processor, mothership, tender vessel). indicate component in which Pacific A vessel permitted as a catcher vessel, cod in the GOA or pollock will be proc- catcher/processor, mothership, or ten- essed for the entire fishing year. der vessel also may conduct all oper- (v) Signature. The owner of the vessel ations authorized for a support vessel. must sign and date the application. (4) Duration. (i) A Federal fisheries (6) Issuance. (i) Except as provided in permit is issued on a 3-year cycle and subpart D of 15 CFR part 904, upon re- is in effect from the date of issuance ceipt of a properly completed permit through the end of the current NMFS application, the Regional Adminis- 3-year cycle, unless it is revoked, sus- trator will issue a Federal fisheries pended, or modified under § 600.735 or permit required by this paragraph (b). § 600.740 of this chapter. (ii) The Regional Administrator will (ii) A Federal fisheries permit is sur- send the Federal fisheries permit to the rendered when the original permit is applicant with the appropriate submitted to and received by the logbooks, as provided under § 679.5. NMFS Enforcement Office in Juneau, (7) Amended application. If the appli- AK. cation for an amended permit required (5) Application. A complete applica- under this section designates a change tion for a Federal fisheries permit or addition of a vessel operations cat- must include the following information egory, the amended permit must be on for each vessel: board the vessel before the new type of (i) Amended permit. If application is operations begins. for an amended permit, the current (8) Transfer. A Federal fisheries per- Federal fisheries permit number and mit issued under this paragraph (b) is information that has changed. not transferable or assignable and is (ii) Vessels. The complete name and valid only for the vessel for which it is homeport (city and state) of the vessel; issued. the ADF&G vessel number; the USCG (9) Inspection. (i) An original Federal documentation number or Alaska reg- fisheries permit issued under this para- istration number; the vessel’s LOA and graph (b) must be carried on board the registered net tonnage; and the tele- vessel whenever the vessel is fishing. phone, fax, and COMSAT (satellite Photocopied or faxed copies are not communication) numbers used on considered originals. board the vessel. (ii) A permit issued under this para- (iii) Owner information. The owner of graph (b) must be presented for inspec- the vessel must record the owner’s tion upon the request of any authorized name, permanent business mailing ad- officer. dress, telephone and fax numbers; and (c) Moratorium permits (applicable the name of any company (other than through December 31, 1999—(1) General— the owner) that manages the oper- (i) Applicability. Except as provided ations of the vessel or shoreside proc- under paragraph (c)(2) of this section, essor. any vessel used to catch and retain any (iv) Federal fisheries permit informa- moratorium crab species or to conduct tion. The owner of the vessel must directed fishing for any moratorium record: groundfish species must have a valid (A) The fishery or fisheries and the moratorium permit issued for that ves- vessel operations category for which sel under this part on board the vessel the permit would apply, as set forth at all times it is engaged in fishing ac- under paragraph (b)(3) of this section. tivities.
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(ii) Duration. Notwithstanding the ex- tions at subpart C of this part and that piration date printed on the permit, a are not directed fishing for any mora- moratorium permit is valid through torium species. December 31, 1999, unless otherwise (v) Catcher vessels or catcher/proc- specified. essor vessels less than or equal to 125 ft (iii) Validity. A moratorium permit (38.1 m) LOA that after November 18, issued under this part is valid only if: 1992, are specifically constructed for (A) The vessel’s LOA does not exceed and used in accordance with a CDP the maximum LOA as specified in under § 679.30, and that are designed § 679.2; and equipped to meet specific needs de- (B) The vessel’s moratorium quali- scribed in the CDP. fication has not been transferred; (4) Moratorium permit endorsements— (C) The permit has not been revoked (i) General. A moratorium permit will or suspended under 15 CFR part 904; be endorsed for one or more fishery- (D) The permit is endorsed for all specific gear type(s) in accordance with gear types on board the vessel; and the endorsement criteria of paragraph (E) The permit’s term indicates an (c)(5) of this section. expiration of December 31, 1998, or De- (ii) Authorization. A fishery-specific cember 31, 1999. gear type endorsement authorizes the (iv) Inspection. A moratorium permit use by the vessel of that gear type in must be presented for inspection upon the specified fisheries. the request of any authorized officer. (iii) Fishing gear requirements. (A) (2) Moratorium exempt vessels. (i) A Fishing gear requirements for the Ber- moratorium exempt vessel is not sub- ing Sea and Aleutian Islands Area crab ject to the moratorium permit require- fisheries are set forth in the Alaska ment of paragraph (c)(1) of this section Administrative Code at title 5, chap- and is not eligible for a moratorium ters 34 and 35. permit. (B) Fishing gear requirements for the (ii) A moratorium exempt vessel may GOA and the BSAI groundfish fisheries catch and retain moratorium species, are set forth under § 679.24. provided it complies with the permit (C) A moratorium permit may be en- requirements of the State of Alaska dorsed for any one or a combination of with respect to moratorium crab spe- the following fishing gear types: cies, Federal permit requirements in (1) Trawl, which includes pelagic and this part with respect to moratorium nonpelagic trawl gear. groundfish species, and other applica- ble Federal and State of Alaska regula- (2) Pot, which includes longline pot tions. and pot-and-line gear. (3) Moratorium exempt vessel categories. (3) Hook, which includes hook-and- A moratorium exempt vessel is a vessel line and jig gear. in any of the following categories: (5) Gear endorsement criteria. For pur- (i) Vessels other than catcher vessels poses of this paragraph (c)(5), the pe- or catcher/processor vessels. riod January 1, 1988, through February (ii) Catcher vessels or catcher/proc- 9, 1992, is ‘‘period 1,’’ and February 10, essor vessels less than or equal to 26 ft 1992, through December 11, 1994, is ‘‘pe- (7.9 m) LOA that conduct directed fish- riod 2.’’ Fishery-specific gear type en- ing for groundfish in the GOA. dorsement(s) will be based on the fol- (iii) Catcher vessels or catcher/proc- lowing criteria: essor vessels less than or equal to 32 ft (i) Crab fisheries/pot gear. A morato- (9.8 m) LOA that catch and retain mor- rium permit for a vessel may be en- atorium crab species in the Bering Sea dorsed for crab fisheries/pot gear if the and Aleutian Islands Area or that con- vessel made a legal landing: duct directed fishing for moratorium (A) Of a moratorium crab species in groundfish species in the BSAI. period 1; (iv) Catcher vessels or catcher/proc- (B) Of a moratorium groundfish spe- essor vessels that are fishing for IFQ cies with any authorized fishing gear in halibut, IFQ sablefish, or halibut or sa- period 1, and, in period 2, made a legal blefish under the Western Alaska CDQ landing of a moratorium crab species; Program in accordance with regula- or
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(C) Of moratorium groundfish in pe- for the vessel from January 1, 1988, riod 1 with pot gear. through February 9, 1992; (ii) Groundfish fisheries/trawl gear. A (E) Reliable documentation of the moratorium permit may be endorsed vessel’s original qualifying LOA, if re- for groundfish fisheries/trawl gear if quested by the Regional Adminis- the vessel made a legal landing: trator, such as a vessel survey, build- (A) Of a moratorium groundfish spe- er’s plan, state or Federal registration cies with any authorized fishing gear in certificate, fishing permit records, or period 1; or other reliable and probative documents (B) Of a moratorium crab species in that clearly identify the vessel and its period 1, and, in period 2, made a legal LOA and that are dated before June 24, landing of a moratorium groundfish 1992; species using trawl gear. (F) Specifications of the fishing (iii) Groundfish fisheries/pot gear. A gear(s) used from January 1, 1988, moratorium permit may be endorsed through February 9, 1992, and, if nec- for groundfish fisheries/pot gear if the essary, the fishing gear(s) used from vessel made a legal landing: February 10, 1992, through December 11, (A) Of a moratorium groundfish spe- 1994; cies with any authorized fishing gear in (G) Specification of the vessel as ei- period 1; or ther a catcher vessel or a catcher/proc- (B) Of a moratorium crab species in essor vessel; period 1. (H) If applicable, transfer authoriza- tion if a permit request is based on the (iv) Groundfish fisheries/hook gear. A transfer of moratorium qualification moratorium permit may be endorsed pursuant to paragraph (c)(9) of this sec- for groundfish fisheries/hook gear if the tion; and vessel made a legal landing: (I) Signature of the person who is the (A) Of a moratorium groundfish spe- owner of the vessel or the person who cies with any authorized fishing gear in is responsible for representing the ves- period 1; or sel owner. (B) Of a moratorium crab species in (iii) An application for a moratorium period 1, and, in period 2, made a legal permit received after December 31, landing of a moratorium groundfish 1998, will be denied unless it is based on species using hook gear. a moratorium qualification for which a (6) Application for permit—(i) General. moratorium permit was issued on or A moratorium permit will be issued to before December 31, 1998. the owner of a vessel of the United (7) Moratorium qualification—(i) Quali- States if he/she submits to the Re- fication by landings. A vessel has mora- gional Administrator a complete appli- torium qualification if: cation that is subsequently accepted (A) The vessel is an original quali- and approved and if the vessel’s LOA fying vessel based on a legal landing of does not exceed the maximum LOA as moratorium species between January 1, specified in § 679.2. 1988, and February 9, 1992; (ii) Contents of application. A com- (B) The vessel is not a moratorium plete application for a moratorium per- exempt vessel under paragraph (c)(2) of mit must include the following infor- this section; mation for each vessel: (C) The vessel’s moratorium quali- (A) Name of the vessel, state reg- fication has not been transferred; and istration number of the vessel, and the (D) A moratorium permit for the ves- USCG documentation number of the sel’s moratorium qualification has vessel, if any; been issued based on an application (B) Name(s), business address(es), and submitted on or before December 31, telephone and fax numbers of the 1998. owner of the vessel; (ii) Qualification by transfer. A vessel (C) Name of the managing company; has moratorium qualification if: (D) Valid documentation of the ves- (A) The vessel receives a valid mora- sel’s moratorium qualification, if re- torium qualification by a transfer ap- quested by the Regional Administrator proved by the Regional Administrator due to an absence of landings records under paragraph (c)(9) of this section;
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(B) The vessel is not a moratorium moratorium qualification and docu- exempt vessel under paragraph (c)(2) of mentation of that LOA by a current this section; vessel survey or other reliable and pro- (C) The moratorium qualification re- bative document. ceived by transfer has not been subse- (E) Signatures of the persons from quently transferred; and whom moratorium qualification would (D) A moratorium permit for the ves- be transferred or their representative, sel’s moratorium qualification has and the persons who would receive the been issued based on an application transferred moratorium qualification submitted on or before December 31, or their representative. 1998. (iii) Contract or agreement. A legible (iii) Expiration of moratorium qualifica- copy of a contract or agreement must tion. A vessel’s moratorium qualifica- be included with the application for tion will expire on December 31, 1998, transfer that specifies the vessel or unless a moratorium permit has been person from which moratorium quali- applied for on or before December 31, fication is to be or is transferred, the 1998, and subsequently issued based on date of the transfer agreement, names that moratorium qualification. and signatures of all current owner(s) (8) Application for moratorium quali- of the vessel whose moratorium quali- fication transfer—(i) General. An appli- fication is to be or was transferred, and cation for approval of a transfer of names and signatures of all current moratorium qualification (see para- owner(s) of the moratorium qualifica- graph (c)(9) of this section) must be tion that is to be or was transferred. completed and the transfer approved by (iv) Vessel reconstruction. The fol- the Regional Administrator before an lowing information must be included application for a moratorium permit with the application for transfer: based on that transfer can be approved. An application for approval of a trans- (A) A legible copy of written con- fer and an application for a morato- tracts or written agreements with the rium permit may be submitted simul- firm that performed reconstruction of taneously. the vessel and that relate to that re- (ii) Contents of application. A com- construction. plete application for approval of trans- (B) An affidavit signed by the vessel fer must include the following informa- owner(s) and the owner/manager of the tion, as applicable, for each vessel in- firm that performed the vessel recon- volved in the transfer of moratorium struction, specifying the beginning and qualification: ending dates of the reconstruction. (A) Name(s), business address(es), and (C) An affidavit signed by the vessel telephone and fax numbers of the appli- owner(s) specifying the LOA of the re- cant(s) (including the owners of the constructed vessel. moratorium qualification that is to be (v) Vessels lost or destroyed. A copy of or was transferred and the person who USCG Form 2692, Report of Marine Cas- is to receive or received the transferred ualty, must be included with the appli- moratorium qualification). cation for transfer. (B) Name of the vessel whose morato- (9) Transfer of moratorium qualification rium qualification is to be or was (applicable through December 31, 1998)— transferred and the name of the vessel (i) General. A transfer of a vessel’s mor- that would receive or received the atorium qualification must be ap- transferred moratorium qualification proved by the Regional Administrator (if any), the state registration number before a moratorium permit may be of each vessel and, if documented, the issued under this section for the vessel USCG documentation number of each to which the qualification is trans- vessel. ferred. A moratorium permit is not (C) The original qualifying LOA of transferrable or assignable. A fishery- the vessel whose moratorium qualifica- specific gear type endorsement(s) is tion is to be or was transferred, its cur- not severable from an endorsed permit. rent LOA, and its maximum LOA. A transfer of moratorium qualification (D) The LOA of the vessel that would will not be approved by the Regional receive or received the transferred Administrator unless:
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(A) A complete transfer application for that vessel, if salvaged, regardless that satisfies all requirements speci- of when salvage began, provided that fied in paragraph (c)(8) of this section the vessel has not already been re- is submitted; placed and the LOA of the salvaged (B) The LOA of the vessel to which vessel does not exceed its maximum the moratorium qualification is trans- LOA. The moratorium qualification of ferred does not exceed the maximum any vessel that is lost or destroyed on LOA of the original qualifying vessel; or after January 1, 1996, may be trans- and ferred to another vessel, providing the (C) The moratorium permit associ- LOA of that vessel does not exceed the ated with the moratorium qualification maximum LOA of the original quali- is not revoked or suspended. fying vessel. (ii) Vessels lost or destroyed in 1988. (v) Reconstruction. The moratorium The moratorium qualification of a ves- qualification of a vessel is not valid for sel that was lost or destroyed before purposes of issuing a moratorium per- January 1, 1989, may not be transferred to another vessel and is not valid for mit if, after June 23, 1992, reconstruc- purposes of issuing a moratorium per- tion is initiated that results in increas- mit for that vessel, if salvaged, unless ing the LOA of the vessel to exceed the salvage began on or before June 24, maximum LOA of the original quali- 1992, and the LOA of the salvaged ves- fying vessel. For a vessel whose recon- sel does not exceed its maximum LOA. struction began before June 24, 1992, The moratorium qualification of such a and was completed after June 24, 1992, vessel is not valid for purposes of the maximum LOA is the LOA on the issuing a moratorium permit for 1998 date reconstruction was completed, unless that vessel is used to make a provided the owner files an application legal landing of a moratorium species for transfer and the Regional Adminis- from January 1, 1996, through Decem- trator certifies that maximum LOA ber 31, 1997. and approves the transfer based on in- (iii) Vessels lost or destroyed from 1989 formation concerning the LOA of the through 1995. The moratorium quali- reconstructed vessel submitted under fication of any vessel that was lost or paragraph (c)(8)(iv) of this section. destroyed on or after January 1, 1989, (10) Appeal—(i) Determination. The but before January 1, 1996, is valid for Chief, RAM Division, will issue an ini- purposes of issuing a moratorium per- tial administrative determination to mit for that vessel, if salvaged, regard- each applicant who is denied a morato- less of when salvage began, provided rium permit by that official. An initial that the vessel has not already been re- administrative determination may be placed and the LOA of the salvaged appealed by the applicant in accord- vessel does not exceed its maximum ance with § 679.43. The initial adminis- LOA. The moratorium qualification of trative determination will be the final any vessel that was lost or destroyed agency action if a written appeal is not on or after January 1, 1989, but before received by the Regional Adminis- January 1, 1996, may be transferred to trator, within the period specified at another vessel, provided the LOA of § 679.43. that vessel does not exceed the max- imum LOA of the original qualifying (ii) Permit denial. An initial adminis- vessel. The moratorium qualification trative determination that denies an of such a vessel is not valid for pur- application for a moratorium permit poses of issuing a moratorium permit must authorize the affected vessel to for 1998, unless that vessel is used to catch and retain moratorium crab or make a legal landing of a moratorium moratorium groundfish species with species from January 1, 1996, through the type of fishing gear specified on the December 31, 1997. application. The authorization expires (iv) Vessels lost or destroyed after 1995. on the effective date of the final agen- The moratorium qualification of any cy action relating to the application. vessel that was lost or destroyed on or (iii) Final action. An administrative after January 1, 1996, is valid for pur- determination denying approval of the poses of issuing a moratorium permit transfer of a moratorium qualification
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and/or denying the issuance of a mora- holder to land IFQ halibut or IFQ sa- torium permit based on that morato- blefish for debit against the permit rium qualification is the final agency holder’s IFQ. action for purposes of judicial review. (ii) Registered buyer permits. Reg- (d) IFQ—(1) General. In addition to istered buyer permits will be renewed the permit and licensing requirements or issued annually by the Regional Ad- prescribed in the annual management ministrator to persons that have a reg- measures published in the FEDERAL istered buyer application approved by REGISTER pursuant to § 300.62 of chapter the Regional Administrator. III of this title and in the permit re- (4) Duration—(i) IFQ permit. An IFQ quirements of this section, all fishing permit authorizes the person identified vessels that harvest IFQ halibut or IFQ on the permit to harvest IFQ halibut or sablefish must have on board: IFQ sablefish from a specified IFQ reg- (i) IFQ permit. A copy of an IFQ per- ulatory area at any time during an mit that specifies the IFQ regulatory open fishing season during the fishing area and vessel category in which IFQ year for which the IFQ permit is issued halibut or IFQ sablefish may be har- until the amount harvested is equal to vested by the IFQ permit holder and a the amount specified under the permit, copy of the most recent accompanying or until it is revoked, suspended, or statement specifying the amount of modified under 15 CFR part 904. each species that may be harvested (ii) IFQ card. An IFQ card authorizes during the current IFQ fishing season; the individual identified on the card to and land IFQ halibut or IFQ sablefish for (ii) IFQ card. An original IFQ card debit against the specified IFQ permit issued by the Regional Administrator. until the card expires, or is revoked, (2) Registered buyer permit. Any person suspended, or modified under 15 CFR who receives IFQ halibut or IFQ sable- part 904, or cancelled on request of the fish from the person(s) that harvested IFQ permit holder. the fish must possess a registered (iii) Registered buyer permit. A reg- buyer permit, except under conditions istered buyer permit authorizes the of paragraph (d)(2) (i), (ii), or (iii) of person identified on the permit to re- this section. A registered buyer permit ceive or make an IFQ landing by an also is required of any person who har- IFQ permit or card holder at any time vests IFQ halibut or IFQ sablefish and during the fishing year for which it is transfers such fish: issued until the registered buyer per- (i) In a dockside sale; mit expires, or is revoked, suspended, (ii) Outside of an IFQ regulatory or modified under 15 CFR part 904. area; or (5) Transfer. The IFQ permits issued (iii) Outside the State of Alaska. under this section are not transferable, (3) Permit issuance—(i) IFQ permits except as provided under § 679.41. IFQ and cards—(A) Issuance. IFQ permits cards and registered buyer permits and cards will be renewed or issued an- issued under this paragraph (d) are not nually by the Regional Administrator transferable. to each person with approved QS for (6) Inspection—(i) IFQ permit. A leg- IFQ halibut or IFQ sablefish allocated ible copy of any IFQ permit issued in accordance with this section. under this section must be carried on (B) IFQ permit. Each IFQ permit board the vessel used by the permitted issued by the Regional Administrator person to harvest IFQ halibut or IFQ will identify the permitted person and sablefish at all times that such fish are will be accompanied by a statement retained on board. that specifies the amount of IFQ hal- (ii) IFQ card. Except as specified in ibut or IFQ sablefish that person may § 679.42(d), an individual that is issued harvest from a specified IFQ regulatory an IFQ card must remain aboard the area using fixed gear and a vessel of a vessel used to harvest IFQ halibut or specified vessel category. IFQ sablefish with that card during all (C) IFQ card. Each IFQ card issued by fishing operations until arrival at the the Regional Administrator will dis- point of landing and during all IFQ play an IFQ permit number and the in- landings. The IFQ cardholder must dividual authorized by the IFQ permit present a copy of the IFQ permit and
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the original IFQ card for inspection on (ii) The Regional Administrator will request of any authorized officer, clear- send the Federal processor permit to ing officer, or registered buyer pur- the applicant with the shoreside proc- chasing IFQ species. Nothing in this essor logbook, as provided under § 679.5. paragraph would prevent an individual (4) Duration. (i) A Federal processor who is issued an IFQ card from being permit is issued for a 3-year period and absent from the vessel used to harvest remains in full force and effect from IFQ halibut or IFQ sablefish between the date of issuance through the end of the time the vessel arrives at the point the current NMFS 3-year renewal of landing until the commencement of cycle, unless it is revoked, suspended, landing. or modified under § 600.735 or § 600.740 of (iii) Registered buyer permit. A legible this chapter. copy of the registered buyer permit (ii) A Federal processor permit is sur- must be present at the location of an rendered when the original permit is IFQ landing, and must be made avail- submitted to and received by the Chief, able for inspection on request of any RAM Division, NMFS. authorized officer or clearing officer. (5) Transfer. A Federal processor per- (e) Halibut/sablefish CDQ permits and mit issued under this paragraph (f) is CDQ cards. See § 679.33(a) and (b). not transferable or assignable and is (f) Federal processor permit—(1) Re- valid only for the processor for which quirement. No shoreside processor of the it is issued. United States or vessel of the United (6) Inspection. (i) An original Federal States operating solely as a processor permit issued under this mothership in Alaska State waters paragraph (f) must be on site at the may receive or process groundfish har- shoreside processor at all times. vested in the GOA or BSAI, unless the Photocopied or faxed copies are not owner first obtains a Federal processor considered originals. permit issued under this part. A Fed- (ii) A permit issued under this para- eral processor permit is issued without graph (f) must be presented for inspec- charge. tion upon the request of any authorized (2) Application. A complete applica- officer. tion for a Federal processor permit (g) Scallop moratorium permits (appli- must include the following: cable through June 30, 2000)—(1) Gen- (i) If the application is for an amend- eral—(i) Applicability. Except as pro- ed permit, the current Federal proc- vided under paragraph (g)(2) of this sec- essor permit number and an update of tion, any vessel used to take or retain the permit information that has any scallop species in Federal waters changed. must have a valid scallop moratorium (ii) The shoreside processor’s name, permit on board the vessel at all times business street address, telephone num- when the vessel is engaged in fishing ber, and fax number. for scallops in Federal waters or has (iii) The shoreside processor owner’s scallops taken from Federal waters re- name or names, business mailing ad- tained on board. Any vessel used to dress, managing company, if any, tele- take or retain scallops in Federal wa- phone number, ADF&G Processor Code, ters within Scallop Registration Area and fax number. H must have a scallop moratorium per- (iv) Indication of the fishery or fish- mit endorsed for Registration Area H. eries for which the permit is requested. Any vessel used to take or retain scal- (v) Indication of the shoreside proc- lop species in Federal waters outside essor operations category. Registration Area H must have a scal- (vi) The owner of the shoreside proc- lop moratorium permit endorsed for essor must sign and date the applica- Federal waters exclusive of Registra- tion. tion Area H. (3) Issuance. (i) Upon receipt of a (ii) Applicable dates and duration. The properly completed permit application, requirement to carry a moratorium the Regional Administrator will issue a permit is applicable from July 1, 1997, Federal processor permit required by through June 30, 2000. A scallop mora- this paragraph (f). torium permit is valid for the duration
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of the moratorium unless otherwise location in which they were caught, specified. the vessel used to catch them, and the (iii) Validity. A scallop moratorium date of harvesting, landing, or report- permit issued under this paragraph is ing. valid only if: (4) Maximum LOA—(i) All scallop (A) A person named on the morato- moratorium permits will specify a rium permit is the owner or operator of maximum LOA, which will be 1.2 times the vessel on which the permit is used. the LOA of the qualifying vessel on (B) The vessel’s LOA does not exceed January 20, 1993, unless the qualifying the maximum LOA specified on the vessel was under reconstruction on permit. January 20, 1993. (C) The permit has not been revoked (ii) If a qualifying vessel was under or suspended under 15 CFR part 904. reconstruction on January 20, 1993, the (iv) Inspection. A scallop moratorium maximum LOA will be the LOA on the permit must be presented for inspec- date reconstruction was completed. tion upon the request of any authorized (5) Application for permit. A scallop officer. moratorium permit will be issued to (2) Exemptions. A vessel that has an the person or successor in interest who LOA of less than or equal to 26 ft (7.9 was the owner of a qualifying vessel m) in the GOA, and less than or equal when it most recently made qualifying to 32 ft (9.8 m) in the BSAI and that landings under paragraph (g)(3) of this does not have dredge gear on board is section, if he/she submits to the Re- exempt from the requirements of this gional Administrator a complete scal- paragraph (g) when fishing for scallops lop moratorium permit application with dive gear. that is subsequently approved. A com- (3) Qualification criteria—(i) Qualifying plete application for a scallop morato- period. To qualify for a moratorium rium permit must include the fol- permit, a vessel must have made a lowing information: legal landing of scallops during 1991, 1992, or 1993, or during at least 4 sepa- (i) Name(s), signature(s), business ad- rate years from 1980 through 1990. dress(es), and telephone and fax num- bers of the person(s) who owned the (ii) Area endorsements. A scallop mor- atorium permit may contain an area vessel when the most recent qualifying endorsement for Federal waters within landing of scallops occurred. Registration Area H, for Federal wa- (ii) Name of the qualifying vessel, ters outside Registration Area H, or for state registration number of the vessel both areas. and the USCG number of the vessel, if (A) Registration Area H. A scallop any. moratorium permit may be endorsed (iii) Valid documentation of the ves- for fishing in Federal waters within sel’s basis for moratorium qualifica- Registration Area H if a qualifying ves- tion, if requested by the Regional Ad- sel made a legal landing of scallops ministrator due to an absence of land- taken inside Registration Area H dur- ings records for the vessel for the ing the qualifying period defined at qualifying period. paragraph (g)(3)(i) of this section. (iv) Reliable documentation of the (B) Waters outside Registration Area H. vessel’s qualifying LOA, if requested by A scallop moratorium permit may be the Regional Administrator, such as a endorsed for fishing in Federal waters vessel survey, builder’s plan, state or outside Registration Area H if the Federal registration certificate, or qualifying vessel made a legal landing other reliable and probative documents of scallops taken in waters outside that clearly identify the vessel and its Registration Area H during the quali- LOA and that are dated on or before fying period defined at paragraph January 20, 1993. (g)(3)(i) of this section. (v) Name(s) and signature(s) of the (iii) Legal landings. Evidence of legal person(s) who is/are the owner(s) of the landings shall be limited to docu- vessel or the person(s) responsible for mentation of State or Federal catch re- representing the vessel owner. ports that indicate the amount of scal- (vi) If the qualifying vessel was under lops harvested, the registration area or reconstruction on January 20, 1993, the
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permit application must contain the transferred, the date of the transfer following additional information: agreement, name(s) and signature(s) of (A) A legible copy of written con- the current holder(s) of the permit, and tracts or written agreements with the name(s) and signature(s) of person(s) to firm that performed reconstruction of whom the scallop moratorium permit the vessel and that relate to that re- is to be transferred. construction. (8) Appeal—(i) Determination. The (B) An affidavit signed by the vessel Chief, RAM Division, will issue an ini- owner(s) and the owner/manager of the tial administrative determination to firm that performed the reconstruction an applicant upon denial of a scallop specifying the beginning and ending moratorium permit by that official. An dates of the reconstruction. initial administrative determination (C) An affidavit signed by the vessel may be appealed by the applicant in ac- owner(s) specifying the LOA of the re- cordance with § 679.43. The initial ad- constructed vessel. ministrative determination will be the (6) Vessel ownership. Evidence of ves- final agency action if a written appeal sel ownership shall be limited to the is not received by the Regional Admin- following documents, in order of pri- istrator postmarked within the period ority: specified at § 679.43. (i) For vessels required to be docu- (ii) Permit denial. An initial adminis- mented under the laws of the United trative determination that denies an States, the USCG abstract of title application for a scallop moratorium issued in respect to that vessel. permit may authorize the affected per- (ii) A certificate of registration that son to take or retain scallops. Any ad- is determinative as to vessel owner- ministrative determination that au- ship. thorizes fishing will expire on the ef- (iii) A bill of sale. fective date of the final agency action (7) Permit transfer—(i) Applicability. A relating to the application. moratorium permit transfer is required (iii) Final action. An administrative to effect any change in permit owner- determination denying the issuance of ship including the addition or subtrac- a scallop moratorium permit is the tion of partners. Area endorsements final agency action for purposes of ju- may not be transferred independently dicial review. of a moratorium permit. (9) Harvesting privilege. Scallop mora- (ii) Required information. A complete torium permits issued pursuant to this application for approval of transfer of a part do not represent an interest that scallop moratorium permit must in- is subject to the ‘‘takings’’ provision of clude the following: the 5th Amendment to the U.S. Con- (A) The original moratorium permit stitution. Rather, such permits rep- to be transferred. resent only a harvesting privilege that (B) Name(s), business address(es), and may be revoked or amended subject to telephone and fax numbers of the appli- the requirements of the Magnuson-Ste- cant(s) including the holders of the vens Act and other applicable laws. scallop moratorium permit that is to (h) High Seas Salmon permits—(1) Oper- be transferred and the person(s) who is ators of commercial fishing vessels using to receive the transferred scallop mor- power troll gear. The operator of a fish- atorium permit. ing vessel using power troll gear may (C) Name(s) and signature(s) of the engage in commercial fishing for salm- person(s) from whom the moratorium on in the High Seas Salmon Manage- permit would be transferred or their ment Area if the operator: representative, and the person(s) who (i) Held a valid State of Alaska power would receive the transferred morato- troll permanent entry permit on May rium permit or their representative. 15, 1979, or is a transferee under para- (D) A legible copy of a contract or graph (h)(13) of this section from an op- agreement to transfer the moratorium erator who held such a permit on that permit in question must be included date; with the application for transfer that (ii) Held a valid State of Alaska specifies the person(s) from whom the power troll interim use permit on May scallop moratorium permit is to be 15, 1979; or
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(iii) Holds a High Seas Salmon Fish- date the person wishes to commence ery permit issued by the Regional Ad- fishing, and must include: ministrator under paragraph (h)(7) of (i) The applicant’s name, mailing ad- this section. dress, and telephone number. (2) Crew members and other persons not (ii) The vessel’s name, USCG docu- the operator of a commercial fishing vessel mentation number or State of Alaska using power trawl gear. Crew members registration number, home port, length or other persons aboard but not the op- overall, registered tonnage, and color erator of a fishing vessel may assist in of the fishing vessel. the vessel’s commercial salmon fishing (iii) The type of fishing gear used by operations in the High Seas Manage- the fishing vessel. ment Area without a permit if a person (iv) State of Alaska fish tickets or described in paragraph (h)(1)(i) through other equivalent documents showing (iii) of this section is also aboard the the actual landing of salmon taken in vessel and is engaged in the vessel’s the High Seas Salmon Management commercial fishing operations. Area by the applicant with power troll (3) Personal use fishing. Any person gear during any one of the years 1975 to who holds a valid State of Alaska sport 1977. fishing license may engage in personal (7) Issuance. (i) Except as provided in use fishing in the High Seas Salmon subpart D of 15 CFR part 904, upon re- Management Area. ceipt of a properly completed applica- (4) Duration. Authorization under tion, the Regional Administrator will this paragraph (h) to engage in fishing determine whether the permit eligi- for salmon in the High Seas Salmon bility conditions have been met, and if Management Area constitutes a use so, will issue a High Seas Salmon Fish- privilege which may be revoked or ery permit. modified without compensation. (ii) If the permit is denied, the Re- (5) Eligibility criteria for permits issued gional Administrator will notify the by the Regional Administrator. (i) Any applicant in accordance with paragraph person is eligible to be issued a High (h)(16) of this section. Seas Salmon Fishery permit under (iii) If an incomplete or improperly paragraph (h)(7) of this section if that completed permit application is filed, person, during any one of the calendar the Regional Administrator will notify years 1975, 1976, or 1977: the applicant of the deficiency. If the applicant fails to correct the deficiency (A) Operated a fishing vessel in the within 30 days following the date of re- High Seas Salmon Management Area. ceipt of notification, the application (B) Engaged in commercial fishing shall be considered abandoned. for salmon in the High Seas Salmon (8) Amended application. Any person Management Area. who applies for and receives a High (C) Caught salmon in the High Seas Seas Salmon Fishery permit issued Salmon Management Area using power under paragraph (h)(7) of this section troll gear. must notify the Regional Adminis- (D) Landed such salmon. trator within 30 days of a change in (ii) The following persons are not eli- any of the information submitted gible to be issued a High Seas Salmon under paragraph (h)(6) of this section. Fishery permit under paragraph (h)(7) (9) Replacement. Replacement permits of this section: may be issued for lost or unintention- (A) Persons described in paragraph ally mutilated permits. An application (h)(1)(i) or (h)(1)(ii) of this section. for a replacement permit shall not be (B) Persons who once held but no considered a new application. longer hold a State of Alaska power (10) Display. Any permit or license de- troll permanent entry or interim-use scribed in paragraph (h)(1) or (h)(3) of permit. this section must be on board the ves- (6) Application. Applications for a sel at all times while the vessel is in High Seas Salmon Fishery permit must the High Seas Salmon Management be in writing, signed by the applicant, Area. and submitted to the Regional Admin- (11) Inspection. Any permit or license istrator, at least 30 days prior to the described in paragraph (h)(1) or (h)(3) of
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this section must be presented for in- (3) The State of Alaska has not insti- spection upon request by an authorized tuted proceedings to revoke the permit officer. on the ground that it was fraudulently (12) Sanctions. Procedures governing obtained. permit sanctions and denials are found (4) The proposed transfer of the per- at subpart D of 15 CFR part 904. mit is not a lease. (13) Transfer of authority to fish in the (E) Upon approval of the transfer ap- High Seas Salmon Management Area—(i) plication by the Regional Adminis- State of Alaska power troll permanent trator, the authority of the permit entry permits. The authority of any per- holder to engage in commercial fishing son to engage in commercial fishing for for salmon in the High Seas Salmon salmon using power troll gear in the Management Area using power troll High Seas Salmon Management Area gear shall expire, and that authority shall expire upon the transfer of that shall be transferred to the applicant. person’s State of Alaska power troll (14) Other Permits. (i) Except for emer- permanent entry permit to another and gency transfers under paragraph (h)(15) shall be transferred to the new holder of this section, the authority of any of that permit. person described in paragraph (h)(1)(ii), (ii) Transfer of Authority by the Re- (h)(1)(iii), or (h)(3) of this section to fish for salmon in the High Seas Salm- gional Administrator. (A) Any person to on Management Area, may not be whom the proposed transfer of a State transferred to any other person. of Alaska power troll permanent entry (ii) Except for emergency transfers permit is denied by the State of Alaska under paragraph (h)(15) of this section, may apply, with the consent of the cur- the authority to engage in commercial rent holder of that permit, to the Re- fishing for salmon which was trans- gional Administrator for transfer to ferred under paragraph (h)(13)(ii) of the applicant of the current holder’s this section may not be transferred to authority to engage in commercial any other person except the current fishing for salmon using power troll holder of the State of Alaska power gear in the High Seas Salmon Manage- troll permanent entry permit from ment Area. which that authority was originally de- (B) The application for transfer shall rived. be filed with the Regional Adminis- (iii) The authority described in para- trator within 30 days of the denial by graph (h)(14)(ii) of this section may be the State of Alaska of the proposed transferred to the current holder of transfer of the permit. that permit upon receipt of written no- (C) The application for transfer shall tification of the transfer by the Re- include all documents and other evi- gional Administrator. dence submitted to the State of Alaska (15) Emergency transfers—authority to in support of the proposed transfer of use power troll gear. (i) The authority of the permit and a copy of the State of any person to engage in commercial Alaska’s decision denying the transfer fishing for salmon using power troll of the permit. The Regional Adminis- gear in the High Seas Salmon Manage- trator may request additional informa- ment Area may be transferred to an- tion from the applicant or from the other person for a period not lasting State of Alaska to assist in the consid- beyond the end of the calendar year of eration of the application. the transfer when sickness, injury, or (D) The Regional Administrator shall other unavoidable hardship prevents approve the transfer if it is determined the holder of that authority from en- that: gaging in such fishing. (1) The applicant had the ability to (ii) Such a transfer shall take effect participate actively in the fishery at automatically upon approval by the the time the application for transfer of State of Alaska of an emergency trans- the permit was filed with the State of fer of a State of Alaska power troll Alaska. entry permit, in accordance with the (2) The applicant has access to power terms of the permit transfer. troll gear necessary for participation (iii) Any person may apply to the Re- in the fishery. gional Administrator for emergency
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transfer of the current holder’s author- on Management Area shall expire for ity to engage in commercial fishing for the period of the emergency transfer, salmon using power troll gear in the and that authority shall be transferred High Seas Salmon Management Area to the applicant for that period. for a period not lasting beyond the cal- (16) Appeals and hearings. (i) A deci- endar year of the proposed transfer, if sion by the Regional Administrator to a person: deny a permit under paragraph (h)(7) of (A) Is denied emergency transfer of a this section or to deny transfer of au- State of Alaska power troll entry per- thority to engage in commercial fish- mit by the State of Alaska; or ing for salmon in the High Seas Salm- (B) Requests emergency transfer of a on Management Area under paragraphs Federal commercial power troll permit (h)(13) and (h)(14) of this section will: previously issued by the Regional Ad- (A) Be in writing. ministrator, with the consent of the (B) State the facts and reasons there- current holder of that permit. for. (iv) The Regional Administrator (C) Advise the applicant of the rights shall approve the transfer if he deter- provided in this paragraph (h)(16). mines that: (ii) Any such decision of the Regional (A) Sickness, injury, or other un- Administrator shall be final 30 days avoidable hardship prevents the cur- after receipt by the applicant, unless rent permit holder from engaging in an appeal is filed with the NOAA/NMFS such fishing. Assistant Administrator within that (B) The applicant had the ability to time. participate actively in the fishery at (iii) Failure to file a timely appeal the time the application for emergency shall constitute waiver of the appeal. transfer of the permit was filed with (iv) Appeals under this paragraph the State of Alaska or, in the case of a (h)(16) must: Federal permit, with the Regional Ad- (A) Be in writing. ministrator. (B) Set forth the reasons why the ap- (C) The applicant has access to power pellant believes the Regional Adminis- troll gear necessary for participation trator’s decision was in error. in the fishery. (C) Include any supporting facts or (D) The State of Alaska has not insti- documentation. tuted proceedings to revoke the permit (v) At the time the appeal is filed on the grounds that it was fraudulently with the Assistant Administrator, the obtained. appellant may request a hearing with (v) The application in the case of a respect to any disputed issue of mate- State of Alaska permit shall be filed rial fact. Failure to request a hearing with the Regional Administrator with- at this time will constitute a waiver of in 30 days of the denial by the State of the right to request a hearing. Alaska of emergency transfer of the (vi) If a hearing is requested, the As- permit. sistant Administrator may order an in- (vi) The application shall include all formal fact-finding hearing if it is de- documents and other evidence sub- termined that a hearing is necessary to mitted to the State of Alaska in sup- resolve material issues of fact and shall port of the proposed emergency trans- so notify the appellant. fer of the permit and a copy of the (vii) If the Assistant Administrator State of Alaska’s decision denying the orders a hearing, the order will appoint emergency transfer of the permit. The a hearing examiner to conduct the Regional Administrator may request hearing. additional information from the appli- (viii) Following the hearing, the cant or from the State of Alaska to as- hearing examiner shall promptly fur- sist in the consideration of the applica- nish the Assistant Administrator with tion. a report and appropriate recommenda- (vii) Upon approval of the application tions. by the Regional Administrator, the au- (ix) As soon as practicable after con- thority of the permit holder to engage sidering the matters raised in the ap- in commercial fishing for salmon using peal, and any report or recommenda- power troll gear in the High Seas Salm- tion of the hearing examiner in the
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event a hearing is held under this para- (i) A catcher vessel or catcher/proc- graph (h)(16), the Assistant Adminis- essor vessel that does not exceed 26 ft trator shall decide the appeal. (7.9 m) LOA may conduct directed fish- (x) The Assistant Administrator shall ing for license limitation groundfish in promptly notify the appellant of the the GOA without a groundfish license; final decision. Such notice shall set (ii) A catcher vessel or catcher/proc- forth the findings of the Assistant Ad- essor vessel that does not exceed 32 ft ministrator and set forth the basis of (9.8 m) LOA may conduct directed fish- the decision. The decision of the As- ing for license limitation groundfish in sistant Administrator shall be the final the BSAI without a groundfish license administrative action of the Depart- and may conduct directed fishing for ment of Commerce. crab species in the Bering Sea and (i) Experimental fisheries permits. (See Aleutian Islands Area without a crab § 679.6.) species license; (j) Salmon donation program permits. (iii) A catcher vessel or catcher/proc- (See § 679.26(a)(3).) essor vessel that does not exceed 60 ft (k) Licenses for license limitation (18.3 m) LOA may use a maximum of 5 groundfish or crab species—(1) General re- jig machines, one line per jig machine, quirements. (i) In addition to the permit and a maximum of 15 hooks per line, to and licensing requirements prescribed conduct directed fishing for license in this part, and except as provided in limitation groundfish in the BSAI paragraph (k)(2) of this section, each without a groundfish license; or vessel within the GOA or the BSAI (iv) A catcher vessel or catcher/proc- must have a groundfish license on essor vessel that does not exceed 125 ft board at all times it is engaged in fish- (38.1 m) LOA, and that was, after No- ing activities defined in § 679.2 as di- vember 18, 1992, specifically con- rected fishing for license limitation structed for and used exclusively in ac- groundfish. This groundfish license, cordance with a CDP approved by issued by NMFS to a qualified person, NMFS under Subpart C of this part, authorizes a license holder to deploy a and is designed and equipped to meet vessel to conduct directed fishing for specific needs that are described in the license limitation groundfish only in CDP may conduct directed fishing for the specific area(s) designated on the license limitation groundfish in the license and may only be used on a ves- GOA and in the BSAI area without a sel that complies with the vessel des- groundfish license and for crab species ignation and MLOA specified on the li- in the Bering Sea and Aleutian Islands cense. Area without a crab species license. (ii) In addition to the permit and li- (3) Vessel designations and vessel length censing requirements prescribed in this categories—(i) General. A license can be part, and except as provided in para- used only on a vessel that complies graph (k)(2) of this section, each vessel with the vessel designation specified on within the Bering Sea and Aleutian Is- the license and that has an LOA less lands Area must have a crab species li- than or equal to the MLOA specified on cense on board at all times it is en- the license. gaged in fishing activities defined in (ii) Vessel designations—(A) Catcher/ § 679.2 as directed fishing for crab spe- processor vessel. A license will be as- cies. This crab species license, issued signed a catcher/processor vessel des- by NMFS to a qualified person, author- ignation if: izes a license holder to deploy a vessel (1) For license limitation groundfish, to conduct directed fishing for crab license limitation groundfish were species only for the specific species and processed on the vessel that qualified in the specific area(s) designated on for the groundfish license under para- the license, and may be used only on a graph (k)(4) of this section during the vessel that complies with the vessel period January 1, 1994, through June 17, designation and MLOA specified on the 1995, or in the most recent calendar license. year of participation during the area (2) Exempt vessels. Notwithstanding endorsement qualifying period speci- the requirements of paragraph (k)(1) of fied in paragraph (k)(4)(ii) of this sec- this section, tion; or
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(2) For crab species, crab species were issued to an eligible applicant that processed on the vessel that qualified meets the criteria in paragraphs for the crab species license under para- (k)(4)(i) and (k)(4)(ii) of this section. graph (k)(5) of this section during the For purposes of the license limitation period January 1, 1994, through Decem- program, evidence of a documented ber 31, 1994, or in the most recent cal- harvest must be demonstrated by a endar year of participation during the state catch report, a Federal catch re- area endorsement qualifying period port, or other valid documentation specified in paragraph (k)(5)(ii) of this that indicates the amount of license section. limitation groundfish harvested, the (3) For purposes of paragraphs groundfish reporting area in which the (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this license limitation groundfish was har- section, evidence of processing must be vested, the vessel and gear type used to demonstrated by Weekly Production harvest the license limitation ground- Reports or other valid documentation fish, and the date of harvesting, land- demonstrating that processing oc- ing, or reporting. State catch reports curred on the vessel during the rel- are Alaska, California, Oregon, or evant period. Washington fish tickets. Federal catch (B) Catcher vessel. A license will be reports are Weekly Production Reports assigned a catcher vessel designation if required under § 679.5. it does not meet the criteria in para- (i) General qualification periods (GQP). graph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) (A) At least one documented harvest of of this section to be assigned a catcher/ any amount of license limitation processor vessel designation. groundfish species must have been (C) Changing a vessel designation. A made from a vessel to qualify for one person who holds a groundfish license or more of the area endorsements in or a crab species license with a catcher/ paragraphs (k)(4)(ii)(A) and (k)(4)(ii)(B) processor vessel designation may, upon of this section. This documented har- request to the Regional Administrator, vest must have been of license limita- have the license reissued with a catch- tion groundfish species caught and re- er vessel designation. The vessel des- tained in the BSAI or in the State wa- ignation change to a catcher vessel will ters shoreward of the BSAI and must be permanent, and that license will be have occurred during the following pe- valid for only those activities specified riods: in the definition of catcher vessel des- (1) January 1, 1988, through June 27, ignation at § 679.2. 1992; (iii) Vessel length categories. A vessel’s (2) January 1, 1988, through December eligibility will be determined using the 31, 1994, provided that the harvest was following three vessel length cat- of license limitation groundfish using egories, which are based on the vessel’s pot or jig gear from a vessel that was LOA on June 17, 1995, or, if the vessel less than 60 ft (18.3 m) LOA; or was under reconstruction on June 17, (3) January 1, 1988, through June 17, 1995, the vessel’s length on the date 1995, provided that the vessel qualified that reconstruction was completed. for a gear endorsement under the Ves- (A) Vessel length category ‘‘A’’ if the sel Moratorium based on criteria speci- LOA of the qualifying vessel on the rel- fied at § 679.4(c)(5)(ii)(B) or evant date was equal to or greater than § 679.4(c)(5)(iv)(B). 125 ft (38.1 m) LOA. (B) At least one documented harvest (B) Vessel length category ‘‘B’’ if the of any amount of license limitation LOA of the qualifying vessel on the rel- groundfish species must have been evant date was equal to or greater than made from a vessel to qualify for one 60 ft (18.3 m) but less than 125 ft (38.1 or more of the area endorsements in m) LOA. paragraphs (k)(4)(ii)(C) through (C) Vessel length category ‘‘C’’ if the (k)(4)(ii)(E) of this section. This docu- LOA of the qualifying vessel on the rel- mented harvest must have been of fish evant date was less than 60 ft (18.3 m) caught and retained in the GOA or in LOA. the State waters shoreward of the GOA (4) Qualifications for a groundfish li- and must have occurred during the fol- cense. A groundfish license will be lowing periods:
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(1) January 1, 1988, through June 27, ‘‘B’’ and that would qualify for a catch- 1992; er vessel designation under this sec- (2) January 1, 1988, through December tion, at least one documented harvest 31, 1994, provided that the harvest was of any amount of license limitation of license limitation groundfish using groundfish must have been made from pot or jig gear from a vessel that was that vessel from January 1, 1992, less than 60 ft (18.3 m) LOA; or through June 17, 1995, in the Western (3) January 1, 1988, through June 17, Area of the Gulf of Alaska or in State 1995, provided that the vessel qualified waters shoreward of that area. for a gear endorsement under the Ves- (3) Vessel length category ‘‘B’’ and sel Moratorium based on criteria speci- catcher/processor vessel designation. For fied at § 679.4(c)(5)(ii)(B) or a license to be assigned a Western Gulf § 679.4(c)(5)(iv)(B). area endorsement based on the partici- (ii) Endorsement qualification periods pation from a vessel in vessel length (EQP). A groundfish license will be as- category ‘‘B’’ and that would qualify signed one or more area endorsements for a catcher/processor vessel designa- based on the criteria in paragraphs tion under this section, at least one (k)(4)(ii)(A) through (k)(4)(ii)(E) of this documented harvest of any amount of section. license limitation groundfish must (A) Aleutian Islands area endorsement. have been made from that vessel in For a license to be assigned an Aleu- each of any 2 calendar years from Jan- tian Islands endorsement, at least one uary 1, 1992, through June 17, 1995, in documented harvest of any amount of the Western Area of the Gulf of Alaska license limitation groundfish must or in State waters shoreward of that have been made from a vessel in any area, or at least four documented har- vessel length category (vessel cat- vests of any amount of license limita- egories ‘‘A’’ through ‘‘C’’) between Jan- tion groundfish harvested from Janu- uary 1, 1992, and June 17, 1995, and in ary 1, 1995, through June 17, 1995, in the the Aleutian Islands Subarea or in Western Area of the Gulf of Alaska or State waters shoreward of that sub- in State waters shoreward of that area. area. (4) Vessel length category ‘‘C’’. For a (B) Bering Sea area endorsement. For a license to be assigned a Western Gulf license to be assigned a Bering Sea area endorsement based on the partici- area endorsement, at least one docu- pation from a vessel in vessel length mented harvest of any amount of li- category ‘‘C’’, at least one documented cense limitation groundfish must have harvest of any amount of license limi- been made from a vessel in any vessel tation groundfish must have been made length category (vessel categories ‘‘A’’ from that vessel from January 1, 1992, through ‘‘C’’) between January 1, 1992, through June 17, 1995. This documented and June 17, 1995, and in the Bering Sea harvest must have recorded a harvest Subarea or in State waters shoreward occurring in the Western Area of the of that subarea. Gulf of Alaska or in State waters (C) Western Gulf area endorsement—(1) shoreward of that area for a Western Vessel length category ‘‘A’’. For a license Gulf area endorsement. to be assigned a Western Gulf area en- (D) Central Gulf area endorsement—(1) dorsement based on the participation Vessel length category ‘‘A’’. For a license from a vessel in vessel length category to be assigned a Central Gulf area en- ‘‘A’’, at least one documented harvest dorsement based on the participation of any amount of license limitation of a vessel in vessel length category groundfish must have been made from ‘‘A’’, at least one documented harvest that vessel from January 1, 1992, of any amount of license limitation through June 17, 1995, in the Western groundfish must have been made from Area of the Gulf of Alaska or in State that vessel in each of any 2 calendar waters shoreward of that area. years from January 1, 1992, through (2) Vessel length category ‘‘B’’ and June 17, 1995. These documented har- catcher vessel designation. For a license vests must have recorded harvests oc- to be assigned a Western Gulf area en- curring in the Central Area of the Gulf dorsement based on the participation of Alaska or in State waters shoreward from a vessel in vessel length category of that area, or in the West Yakutat
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District or in state waters shoreward of 1992, through June 17, 1995, or at least that district. four documented harvests from Janu- (2) Vessel length category ‘‘B’’. For a ary 1, 1995, through June 17, 1995. These license to be assigned a Central Gulf documented harvests must have re- area endorsement based on the partici- corded harvests occurring in the pation from a vessel in vessel length Southeast Outside District or in State category ‘‘B’’, at least one documented waters shoreward of that district. harvest of any amount of license limi- (3) Vessel length category ‘‘C’’. For a tation groundfish must have been made license to be assigned a Southeast out- from that vessel in each of any 2 cal- side area endorsement based on the endar years from January 1, 1992, participation from a vessel in vessel through June 17, 1995, or at least four length category ‘‘C’’, at least one docu- documented harvests from January 1, mented harvest of any amount of li- 1995, through June 17, 1995. These docu- cense limitation groundfish must have mented harvests must have recorded been made from that vessel from Janu- harvests occurring in the Central Area ary 1, 1992, through June 17, 1995. This of the Gulf of Alaska or in State waters documented harvest must have re- shoreward of that area, or in the West corded a harvest occurring in the Yakutat District or in state waters Southeast Outside District or in State shoreward of that district. waters shoreward of that district. (3) Vessel length category ‘‘C’’. For a (iii) An eligible applicant that is license to be assigned a Central Gulf issued a groundfish license based on a area endorsement based on the partici- vessel’s qualifications under paragraph pation from a vessel in vessel length (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this category ‘‘C’’, at least one documented section must choose only one area en- harvest of any amount of license limi- dorsement for that groundfish license tation groundfish must have been made even if the vessel qualifies for more from that vessel from January 1, 1992, than one area endorsement. through June 17, 1995. This documented (iv) Notwithstanding the provisions harvest must have recorded a harvest in paragraph (k)(4) of this section, a li- occurring in the Central Area of the cense with the appropriate area en- Gulf of Alaska or in State waters dorsements will be issued to an eligible shoreward of that area, or in the West applicant whose vessel meets the re- Yakutat District or in state waters quirements of paragraph (k)(4)(i)(A), shoreward of that district. and the requirements of paragraph (E) Southeast Outside area endorse- (k)(4)(ii)(C), (k)(4)(ii)(D), or (k)(4)(ii)(E) ment—(1) Vessel length category ‘‘A’’. of this section, but For a license to be assigned a South- (A) From whose vessel no docu- east Outside area endorsement based mented harvests were made in the GOA on the participation from a vessel in or state waters shoreward of the GOA vessel length category ‘‘A’’, at least between January 1, 1988, and June 27, one documented harvest of any amount 1992, and of license limitation groundfish must (B) From whose vessel no docu- have been made from that vessel in mented harvests were made in the each of any 2 calendar years from Jan- BSAI or state waters shoreward of the uary 1, 1992, through June 17, 1995. BSAI between January 1, 1992, and These documented harvests must have June 17, 1995. recorded harvests occurring in the (v) Notwithstanding the provisions of Southeast Outside District or in State paragraph (k)(4) of this section, a li- waters shoreward of that district. cense with the appropriate area en- (2) Vessel length category ‘‘B’’. For a dorsements will be issued to an eligible license to be assigned a Southeast Out- applicant whose vessel meets the re- side area endorsement based on the quirements of paragraph (k)(4)(i)(B) of participation from a vessel in vessel this section, and the requirements of length category ‘‘B’’, at least one docu- paragraph (k)(4)(ii)(A) or (k)(4)(ii)(B) of mented harvest of any amount of li- this section, but cense limitation groundfish must have (A) From whose vessel no docu- been made from that vessel in each of mented harvests were made in the any 2 calendar years from January 1, BSAI or state waters shoreward of the
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BSAI between January 1, 1988, and area/species endorsement in § 679.2 June 27, 1992, and must have been made from a vessel be- (B) From whose vessel no docu- tween January 1, 1992, and December mented harvests were made in the GOA 31, 1994, to qualify for a C. opilio and C. or state waters shoreward of the GOA bairdi area/species endorsement. between January 1, 1992, and June 17, (C) St. Matthew blue king. At least one 1995. documented harvest of any amount of (5) Qualifications for a crab species li- blue king crab harvested in the area cense. A crab species license will be described in the definition for the St. issued to an eligible applicant who Matthews blue king area/species en- owned a vessel that meets the criteria dorsement in § 679.2 must have been in paragraphs (k)(5)(i) and (k)(5)(ii) of made from a vessel between January 1, this section, except that vessels are ex- 1992, and December 31, 1994, to qualify empt from the requirements in para- for a St. Matthew blue king area/spe- graph (k)(5)(i) of this section for the cies endorsement. area/species endorsements in paragraph (D) Aleutian Islands brown king. At (k)(5)(ii)(A) and (k)(5)(ii)(G) of this sec- least three documented harvests of any tion. amount of brown king crab harvested (i) General qualification period (GQP). in the area described in the definition To qualify for one or more of the area/ for the Aleutian Islands brown king species endorsements in paragraph area/species endorsement in § 679.2 (k)(5)(ii) of this section: must have been made from a vessel be- (A) At least one documented harvest tween January 1, 1992, and December of any amount of crab species must 31, 1994, to qualify for a Aleutian Is- have been made from a vessel between lands brown king area/species endorse- January 1, 1988, and June 27, 1992; or ment. (B) At least one documented harvest (E) Aleutian Islands red king. At least of any amount of crab species must one documented harvest of any amount have been made from a vessel between of red king crab harvested in the area January 1, 1988, and December 31, 1994, providing that the vessel from which described in the definition for the the documented harvest was made Aleutian Islands red king area/species qualified for a gear endorsement under endorsement in § 679.2 must have been the Vessel Moratorium based on cri- made from a vessel between January 1, teria specified at § 679.4(c)(5)(i)(B). 1992, and December 31, 1994, to qualify (ii) Area/Species Endorsements. A crab for a Aleutian Islands red king area/ species license will be assigned one or species endorsement. more area/species endorsements speci- (F) Bristol Bay red king. At least one fied at § 679.2 based on the criteria in documented harvest of any amount of paragraphs (k)(5)(ii)(A) through (G) of red king crab harvested in the area de- this section. scribed in the definition for the Bristol (A) Pribilof red king and Pribilof blue Bay red king area/species endorsement king. At least one documented harvest in § 679.2 must have been made from a of any amount of red king or blue king vessel between January 1, 1991, and De- crab harvested in the area described in cember 31, 1994, to qualify for a Bristol the definition for the Pribilof red king Bay red king area/species endorsement. and Pribilof blue king area/species en- (G) Norton Sound red king and Norton dorsement in § 679.2 must have been Sound blue king. At least one docu- made from a vessel between January 1, mented harvest of any amount of red 1993, and December 31, 1994, to qualify king or blue king crab harvested in the for a Pribilof red king and Pribilof blue area described in the definition for the king area/species endorsement. Norton Sound red king and Norton (B) Bering Sea and Aleutian Islands Sound blue king area/species endorse- Area C. opilio and C. bairdi. At least ment in § 679.2 must have been made three documented harvests of any from a vessel between January 1, 1993, amount of C. opilio or C. bairdi crab and December 31, 1994, to qualify for a harvested in the area described in the Norton Sound red king and Norton definition for the Bering Sea and Aleu- Sound blue king area/species endorse- tian Islands Area C. opilio or C. bairdi ment.
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(6) Application for a groundfish license vessel was under reconstruction on or a crab species license. (i) General. The that date, valid evidence of LOA on the Regional Administrator will issue a date reconstruction was completed and groundfish license or a crab species li- valid evidence of when reconstruction cense to an applicant if a complete ap- began and ended; plication is submitted by or on behalf (F) Valid evidence of LOA on June 17, of the applicant during the specified 1995, of the vessel used as the basis of application period, and if that appli- eligibility for a license, except if that cant meets all the criteria for eligi- vessel was under reconstruction on bility in paragraph (k) of this section. that date, valid evidence of LOA on the An application that is postmarked or date reconstruction was completed, delivered after the ending date for the and valid evidence of when reconstruc- application period for the License Lim- tion began and ended; itation Program specified in the Fed- (G) Valid evidence to support the ap- eral Register will be denied. An applica- plicant’s claim for a vessel designation tion form will be sent to the last of catcher vessel or catcher/processor known address of a person identified as vessel; an eligible applicant by the official (H) Valid evidence of ownership of LLP record. An application form may the vessel being used as the basis for be requested from the Regional Admin- eligibility for a license (for USCG docu- istrator. mented vessels, valid evidence must be (ii) Application period. An application the USCG Abstract of Title), or if eligi- period of no less than 90 days will be bility is based on a fishing history that specified by notification in the Federal has been separated from a vessel, valid Register and other information sources evidence of ownership of the fishing deemed appropriate by the Regional history being used as the basis of eligi- Administrator. bility for a license; and (iii) Contents of application. To be (I) Valid evidence of the LOA of the complete, an application for a ground- vessel to be deployed by the license if fish license or a crab species license different than the vessel used as the must be signed by the applicant, or the basis for eligibility for a license. individual representing the applicant, (iv) Other information required for spe- and contain the following, as applica- cial circumstances. ble: (A) Successor-in-interest. If an appli- (A) Name, business address, tele- cant is applying as the successor-in-in- phone number, and FAX number of the terest to an eligible applicant, an ap- applicant; plication, to be complete, also must (B) Name, state registration number contain valid evidence proving the ap- (e.g., ADF&G number), and, if applica- plicant’s status as a successor-in-inter- ble, the USCG documentation number est to that eligible applicant and: of the vessel being used as the basis for (1) Valid evidence of the death of that eligibility for a license; and name, eligible applicant at the time of appli- state registration number (e.g., cation, if the eligible applicant was or ADF&G number), and, if applicable, the is an individual; or USCG documentation number of the (2) Valid evidence that the eligible vessel to be deployed with the license if applicant is no longer in existence at different than the vessel used as the the time of application, if the eligible basis of eligibility for a license; applicant is not an individual. (C) Name of the managing company, (B) Norton Sound crab species license if any; endorsement. If an applicant is applying (D) Valid evidence of the documented for a crab species license endorsement harvests that are the basis of eligi- for Norton Sound and if the applicant bility for a license, including harvest is a person, an application, to be com- area, gear used, date of landing, and, if plete, must contain valid evidence that applying for a crab species license, spe- the applicant was a State of Alaska cies; permit holder for the Norton Sound (E) Valid evidence of LOA on June 24, king crab summer fishery in 1993 or 1992, of the vessel used as the basis of 1994. If the applicant is a corporation, eligibility for a license, except if that an application, to be complete, must
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contain valid evidence that the cor- mation in the official LLP record has poration owned or had a lease for a ves- the burden of proving that the sub- sel on June 17, 1995, that participated mitted claims are correct. in the Norton Sound king crab summer (vi) Additional information or evidence. fishery in 1993 or 1994. The Regional Administrator will evalu- (C) Extended general qualification pe- ate additional information or evidence riod. If an applicant is applying for a li- to support an applicant’s inconsistent cense based on meeting the general claims submitted within the 60-day evi- qualification period requirements of dentiary period pursuant to paragraph paragraph (k)(4)(i)(A)(2) or (k)(6)(vii) of this section. If the Re- (k)(4)(i)(B)(2) of this section, the appli- gional Administrator determines that cation, to be complete, must indicate the additional information or evidence which single endorsement area the ap- meets the applicant’s burden of proving plicant has selected for license. A li- that the inconsistent claims in his or cense cannot be endorsed for more than her application is correct, the official one area, notwithstanding the fact that LLP record will be amended and the in- the applicant may have the docu- formation will be used in determining mented harvests to qualify for more whether the applicant is eligible for a than one endorsement area. license. However, if the Regional Ad- (D) Unavoidable circumstances. If an ministrator determines that the addi- applicant is applying for a license tional information or evidence does not based on an unavoidable circumstance meet the applicant’s burden of proving pursuant to paragraph (k)(8)(iv) of this that the inconsistent claims in his or section, an application, to be complete, her application is correct, the appli- must contain the information required cant will be notified by an initial ad- by that paragraph and valid evidence of ministrative determination, pursuant the date the vessel on which the appli- to paragraph (k)(6)(viii) of this section, cation is based was lost, damaged, or that the applicant did not meet the otherwise unable to participate in the burden of proof to change the informa- fishery, and the date a documented tion in the official LLP record. harvest was made from the replace- (vii) 60-day evidentiary period. The Re- ment vessel. gional Administrator will specify by (v) Application evaluation. The Re- letter a 60-day evidentiary period dur- gional Administrator will evaluate an ing which an applicant may provide ad- application submitted during the speci- ditional information or evidence to fied application period and compare all support the claims made in his or her claims in the application with the in- application, or to submit a revised ap- formation in the official LLP record. plication with claims consistent with Claims in the application that are con- information in the official LLP record, sistent with information in the official if the Regional Administrator deter- LLP record will be accepted by the Re- mines that the applicant did not meet gional Administrator. Inconsistent the burden of proving that the informa- claims in the application, unless tion on the application is correct verified by evidence, will not be accept- through evidence provided with the ap- ed. Pursuant to paragraph (k)(6)(vii) of plication. Also, an applicant who fails this section, an applicant who submits to submit information as specified in inconsistent claims, or an applicant paragraphs (k)(6)(iii) and (k)(6)(iv) of who fails to submit the information this section will have 60 days to pro- specified in paragraphs (k)(6)(iii) and vide that information. An applicant (k)(6)(iv) of this section, will be pro- will be limited to one 60-day evi- vided a 60-day evidentiary period pur- dentiary period. Additional informa- suant to paragraph (k)(6)(vii) of this tion or evidence, or a revised applica- section to submit the specified infor- tion, received after the 60-day evi- mation, submit evidence to verify his dentiary period specified in the letter or her inconsistent claims, or submit a has expired will not be considered for revised application with claims con- purposes of the initial administrative sistent with information in the official determination. LLP record. An applicant who submits (viii) Initial administrative determina- claims that are inconsistent with infor- tions (IAD). The Regional will prepare
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and send an IAD to the applicant fol- (ii) Eligibility criteria for transfers. A lowing the expiration of the 60-day evi- groundfish license or crab species li- dentiary period if the Regional Admin- cense can be transferred if: istrator determines that the informa- (A) The designated transferee is eligi- tion or evidence provided by the appli- ble to document a fishing vessel under cant fails to support the applicant’s Chapter 121, Title 46, U.S.C.; claims and is insufficient to rebut the (B) The parties to the transfer do not presumption that the official LLP have any fines, civil penalties, other record is correct, or if the additional payments due and outstanding, or out- information, evidence, or revised appli- standing permit sanctions resulting cation is not provided within the time from Federal fishing violations; period specified in the letter that noti- (C) The transfer will not cause the fies the applicant of his or her 60-day designated transferee to exceed the li- evidentiary period. The IAD will indi- cense caps in § 679.7(i); and cate the deficiencies in the application, (D) The transfer does not violate any including any deficiencies with the in- other provision specified in this part. formation, the evidence submitted in (iii) Contents of application. To be support of the information, or the re- complete, an application for a ground- vised application. The IAD will also in- fish license transfer or a crab species dicate which claims cannot be ap- license transfer must be signed by the proved based on the available informa- license holder and the designated tion or evidence. An applicant who re- transferee, or the individuals rep- ceives an IAD may appeal pursuant to resenting them, and contain the fol- § 679.43. An applicant who avails him- lowing, as applicable: self or herself of the opportunity to ap- (A) Name, business address, tele- peal an IAD will not receive a transfer- phone number, and FAX number of the able license until after the final resolu- license holder and the designated tion of that appeal, notwithstanding transferee; the eligibility of that applicant for (B) Name, state registration number some claims based on consistent infor- (e.g., ADF&G number), and, if applica- mation in the application. ble, the USCG documentation number (ix) Issuance of a non-transferable li- of the vessel to be deployed with the li- cense. The Regional Administrator will cense (i.e., the designated vessel) after issue a non-transferable license to the the transfer is approved; applicant on issuance of an IAD if re- (C) Valid evidence that the des- quired by the license renewal provi- ignated transferee is a person eligible sions of 5 U.S.C. 558. A non-transferable to document a fishing vessel under license authorizes a person to deploy a Chapter 121, Title 46, U.S.C.; vessel to conduct directed fishing for (D) A legible copy of a contract or license limitation groundfish or crab sales agreement that specifies the li- species as specified on the non-trans- cense to be transferred, the license ferable license, and will have the spe- holder, the designated transferee, the cific endorsements and designations monetary value or the terms of the li- based on the claims in his or her appli- cense transfer, and the signature of the cation. A non-transferable license will license holder and the designated expire upon final agency action. transferee; and (7) Transfer of a groundfish license or a (E) Information regarding whether a crab species license—(i) General. The Re- broker was used for the transaction, gional Administrator will transfer a whether the license was collateralized, groundfish license or a crab species li- and other information the Regional cense if a complete transfer application Administrator deems necessary for is submitted to Restricted Access Man- measuring program performance. agement, Alaska Region, NMFS, and if (iv) Incomplete applications. The Re- the transfer meets the eligibility cri- gional Administrator will return an in- teria as specified in paragraph (k)(7)(ii) complete transfer application to the of this section. An application form applicant and identify any deficiencies may be requested from the Regional if the Regional Administrator deter- Administrator. mines that the application does not
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meet all the criteria identified in para- retainable bycatch amounts of license graph (k)(7) of this section. limitation groundfish as provided in (v) Transfer by court order, operation of this part without a groundfish license. law, or as part of a security agreement. (iii) An eligible applicant, who quali- The Regional Administrator will trans- fies for a groundfish license or crab fer a groundfish license or a crab spe- species license but whose vessel on cies license based on a court order, op- which the eligible applicant’s qualifica- eration of law, or a security agreement tion was based was lost or destroyed, if the Regional Administrator deter- will be issued a license. This license: mines that the transfer application is (A) Will have the vessel designation complete and the transfer will not vio- of the lost or destroyed vessel. late any of the provisions of this sec- (B) Cannot be used to conduct di- tion. rected fishing for license limitation (vi) Voluntary transfer limitation. A groundfish or to conduct directed fish- groundfish license or a crab species li- ing for crab species on a vessel that has cense may be voluntarily transferred an LOA greater than the MLOA des- only once in any calendar year. A vol- ignated on the license. untary transfer is a transfer other than (iv) A qualified person who owned a one pursuant to a court order, oper- vessel on June 17, 1995, that made a ation of law, or a security agreement. documented harvest of license limita- An application for transfer that would tion groundfish, or crab species if ap- cause a person to exceed the transfer plicable, between January 1, 1988, and limit of this provision will not be ap- February 9, 1992, but whose vessel was proved. unable to meet all the criteria in para- (vii) Request to change the designated graph (k)(4) of this section for a vessel. A request to change the vessel groundfish license or paragraph (k)(5) designated on an LLP groundfish or of this section for a crab species license crab species license must be made on a because of an unavoidable cir- transfer application. If this request is cumstance (i.e., the vessel was lost, approved and made separately from a damaged, or otherwise unable to par- license transfer, it will count towards ticipate in the license limitation the annual limit on voluntary transfers groundfish or crab fisheries) may re- specified in paragraph (k)(7)(vi) of this ceive a license if the qualified person is section. able to demonstrate that: (8) Other provisions. (i) Any person (A) The owner of the vessel at the committing, or a fishing vessel used in time of the unavoidable circumstance the commission of, a violation of the held a specific intent to conduct di- Magnuson-Stevens Fishery Conserva- rected fishing for license limitation tion and Management Act or any regu- groundfish or crab species with that lations issued pursuant thereto, is sub- vessel during a specific time period in ject to the civil and criminal penalty a specific area. provisions and the civil forfeiture pro- visions of the Magnuson-Stevens Fish- (B) The specific intent to conduct di- ery Conservation and Management Act, rected fishing for license limitation part 621 of this chapter, 15 CFR part 904 groundfish or crab species with that (Civil Procedure), and other applicable vessel was thwarted by a circumstance law. Penalties include, but are not lim- that was: ited to, permanent or temporary sanc- (1) Unavoidable. tions to licenses. (2) Unique to the owner of that ves- (ii) Notwithstanding the provisions of sel, or unique to that vessel. the license limitation program in this (3) Unforeseen and reasonably unfore- part, vessels fishing for species other seeable to the owner of the vessel. than license limitation groundfish as (C) The circumstance that prevented defined in § 679.2 that were authorized the owner from conducting directed under Federal regulations to inciden- fishing for license limitation ground- tally catch license limitation ground- fish or crab species actually occurred. fish without a Federal fisheries permit (D) Under the circumstances, the described at § 679.4(b) will continue to owner of the vessel took all reasonable be authorized to catch the maximum steps to overcome the circumstance
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that prevented the owner from con- shoreside processor, mothership, or ducting directed fishing for license lim- buying station subject to record- itation groundfish or crab species. keeping and reporting requirements (E) Any amount of license limitation must report all groundfish and prohib- groundfish or appropriate crab species ited species received, including: was harvested on the vessel in the spe- (A) Fish received from vessels not re- cific area that corresponds to the area quired to have a Federal fisheries per- endorsement or area/species endorse- mit. ment for which the qualified person (B) Fish received under contract for who owned a vessel on June 17, 1995, is handling or processing for another applying and that the license limita- processor. tion groundfish or crab species was (iii) Exemption for vessels less than 60 ft harvested after the vessel was pre- LOA. A catcher vessel less than 60 ft vented from participating by the un- (18.3 m) LOA is not required to comply avoidable circumstance but before with recordkeeping and reporting re- June 17, 1995. quirements contained in § 679.5(a) (v) A groundfish license or a crab spe- through (j). cies license may be used on a vessel (iv) Exemption for groundfish used as that complies with the vessel designa- crab bait. (A) Owners or operators of tion on the license and that does not catcher vessels who take groundfish in exceed the MLOA on the license. crab pot gear for use as crab bait on [61 FR 31230, June 19, 1996, as amended at 61 board their vessels while participating FR 35578, July 5, 1996; 61 FR 41525, Aug. 9, in an open season for crab, and the bait 1996; 61 FR 56430, Nov. 1, 1996; 62 FR 2045, Jan. is neither transferred nor sold, are ex- 15, 1997; 62 FR 17752, 17756, Apr. 11, 1997; 62 FR empt from Federal recordkeeping and 19688, Apr. 23, 1997; 63 FR 47356, Sept. 4, 1998; reporting requirements contained in 63 FR 52654, Oct. 1, 1998; 63 FR 54753, Oct. 13, paragraphs (a) through (j) of this sec- 1998; 63 FR 64878, Nov. 24, 1998; 64 FR 3652, Jan. 25, 1999; 64 FR 42828, Aug. 6, 1999] tion. (B) This exemption does not apply to EFFECTIVE DATE NOTES: 1. At 62 FR 17752, fishermen who: Apr. 11, 1997, § 679.4 was amended by adding a new paragraph (g), effective May 12, 1997 (1) Catch groundfish for bait during through June 30, 2000, except for paragraph an open crab season and sell that (g)(1)(ii) which is effective July 1, 1997 groundfish or transfer it to another through June 30, 2000. vessel, or 2. At 63 FR 52654, Oct. 1, 1998, § 679.4 was (2) Participate in a directed fishery amended by adding paragraphs (a)(6) and for groundfish using any gear type dur- (i)(1), (i)(2), (i)(7), (i)(8)(i) and (ii), effective ing periods that are outside an open Jan. 1, 2000. Paragraphs (i)(3), (i)(4), (i)(5), (i)(6), (i)(8)(iii), and (i)(8)(iv) were added ef- crab season for use as crab bait on fective Jan. 1, 1999. At 63 FR 54753, Oct. 13, board their vessel. 1998, paragraph (i) was correctly designated (C) No groundfish species listed by as paragraph (k). NMFS as ‘‘prohibited’’ in a manage- ment or regulatory area may be taken § 679.5 Recordkeeping and reporting. in that area for use as bait. (a) General requirements—(1) Applica- (2) Applicability, Federal processor per- bility, Federal fisheries permit. Except as mit. Any shoreside processor or vessel provided in paragraphs (a)(1)(iii) and operating solely as a mothership in (iv) of this section, the following par- Alaska State waters that retains ticipants must comply with the record- groundfish is responsible for complying keeping and reporting requirements of with the applicable recordkeeping and this section: reporting requirements of this section. (i) Any catcher vessel, mothership, (3) Responsibility. (i) The operator of a catcher/processor, or tender vessel, 5 catcher vessel, catcher/processor, net tons or larger, that is required to mothership, or buying station receiv- have a Federal fisheries permit under ing from a catcher vessel and deliv- § 679.4. ering to a mothership (hereafter re- (ii) Any shoreside processor, ferred to as the operator) and the man- mothership, or buying station that re- ager of a shoreside processor or buying ceives groundfish from vessels issued a station receiving from a catcher vessel Federal fisheries permit under § 679.4. A and delivering to a shoreside processor
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(hereafter referred to as the manager) or check-in/check-out report, the rep- are each responsible for complying resentative’s COMSAT number. with the applicable recordkeeping and (vi) If a mothership or catcher/proc- reporting requirements of this section. essor, the ADF&G processor code and (ii) The owner of a vessel, shoreside Federal fisheries permit number. processor, or buying station is respon- (vii) Signature of owner, operator, or sible for compliance and must ensure manager (see paragraph (a)(3)). that the operator, manager, or rep- (6) Maintenance of records. (i) The op- resentative (see paragraph (b) of this erator or manager must maintain all section) complies with the require- records, reports, and logbooks in a leg- ments given in paragraph (a)(3)(i). ible, timely, and accurate manner; in (iii) The signature of the owner, oper- English; if handwritten, in indelible ator, or manager on the DFL, DCL, or ink; if computer-generated, in a print- DCPL is verification of acceptance of ed paper copy; and based on A.l.t. the responsibility required in para- (ii) The operator or manager must graphs (a)(3) (i) and (ii) and must be account for each day of the fishing signed by noon of the day following the year in the logbook, starting with Jan- week-ending date of the weekly report- uary 1 and ending with December 31. ing period. Time periods must be recorded con- (4) Groundfish logbooks and forms. The secutively in the logbook. Regional Administrator will prescribe (iii) When applicable, the operator or and provide groundfish logbooks and manager must record in each report, forms required under this section as form, and logbook the following infor- shown in Table 9 to this part. The oper- mation: ator or manager must use these (A) Page number. (1) Except as pro- logbooks and forms or obtain approval vided in paragraph (a)(6)(iii)(A)(2) of from the Regional Administrator to this section, the operator or manager use electronic versions of the logbooks must number the pages in each logbook and forms. consecutively, beginning with page 1 (5) Participant identification informa- and continuing throughout the logbook tion. The operator or manager must for the remainder of the fishing year. If record on all required records, reports, more than one logbook is used in a and logbooks, as appropriate: fishing year, the page numbers should (i) The name of the catcher vessel, follow the consecutive order of the pre- catcher/processor, mothership, shore- vious logbook. side processor, or buying station as dis- (2) The manager of a shoreside proc- played in official documentation. essor must number the DCPL pages (ii) If a catcher vessel, the Federal within Part I and Part II separately, fisheries permit number and ADF&G beginning with page 1. vessel number. (B) Date, presented as month-day- (iii) If a shoreside processor, the Fed- year. eral processor permit number and (1) If a catcher vessel and the ADF&G processor number. logsheet contains records for more (iv) If a buying station, the name and than one day, enter the first day of the ADF&G vessel number (if a vessel) of logsheet at the top of the logsheet and the buying station, and the name, the date of each day in the ‘‘catch’’ and ADF&G processor code, and Federal ‘‘discard/donate’’ sections of the DFL. processor permit number of associated (2) If a shoreside processor, enter the shoreside processor, or the Federal week-ending date of the weekly report- fisheries permit number of the associ- ing period at the top of the logsheet ated mothership. and the date of each day of the week in (v) Except for a DFL, DCL, or DCPL, the ‘‘landings’’ and ‘‘discard/donate’’ the following information describing a sections of the DCPL. representative’s identification: the rep- (C) Time, in military format to the resentative’s name, daytime business nearest hour, A.l.t. telephone number (including area (D) Position coordinates, latitude and code), and fax or telex number. In addi- longitude to the nearest minute (op- tion, if completing a DPR, a VAR, or a tional: record to the nearest second or mothership or catcher/processor PTR fraction of minute).
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(E) Original/revised report. Except for (1) If a catcher vessel or catcher/proc- a DFL, DCL, or DCPL, if a report is the essor and using hook-and-line gear, the first one submitted to the Regional Ad- average number of hooks per skate. ministrator for a given date, gear type, (2) If a mothership or shoreside proc- and reporting area, the report should essor and groundfish shipment is re- be labeled, ‘‘ORIGINAL REPORT.’’ If a ceived from a different processor report is a correction to a previously through the use of a PTR, circle ‘‘PTR submitted report for a given date, gear TRANSFER.’’ type, and reporting area, the report (3) If gear type is not an authorized should be labeled, ‘‘REVISED RE- fishing gear, circle ‘‘OTHER.’’ PORT.’’ (4) If a mothership and groundfish are (7) Active and inactive periods—(i) received in the same reporting area but Each day of fishing year. Account for were harvested with more than one each day of the fishing year in the gear type or if a catcher/processor and DFL, DCL, or DCPL by checking the groundfish were caught in the same re- appropriate box to indicate active and porting area using more than one gear inactive periods as defined under §679.2. type, the operator must use a separate (ii) Separate logsheet. (A) If a page in the DCPL for each gear type mothership, catcher/processor, or buy- and must submit a separate check-in/ ing station, use a separate logbook check-out report, DPR (if required), page for each day of an active period. and WPR for each gear type. (B) If a catcher vessel, use a separate (5) If a shoreside processor and logbook page for each day or use one groundfish are received from the same logbook page for up to 7 days. reporting area but were harvested with (C) If a shoreside processor, use a sep- more than one gear type, the manager arate logbook page for each day or use must: one logbook page for up to 7 days. (i) Use a separate page in the DCPL (iii) Inactive period. (A) Indicate in for each gear type. the DFL, DCL, or DCPL on one log- (ii) Except for gear type ‘‘PTR book page the first and last day of an TRANSFER,’’ submit a separate check- inactive period. in/check-out report, DPR (if required), (B) During an inactive period that ex- and WPR for each gear type. The man- tends across two or more successive ager must not use the gear type ‘‘PTR quarters, the operator or manager TRANSFER’’ on a WPR. must complete two logsheets: The one (B) Reporting Area. The reporting to indicate the last day of the first in- area code where gear retrieval was active quarter and the next page to in- completed (see Figures 1 and 3 to this dicate the first day of the second inac- part). tive quarter. (1) If a haul or set occurs in more (iv) Fishing activity. Indicate in the than one reporting area, record the re- DFL, DCL, or DCPL all fishing activ- porting area code where gear retrieval ity, which is defined for each type of was completed, regardless of where the vessel as follows: majority of the haul or set took place. (A) If a catcher vessel—harvest or (2) If a catcher vessel or catcher/proc- discard of groundfish. essor using trawl gear, record whether (B) If a catcher/processor—harvest, catch was harvested in the COBLZ or discard, or processing of groundfish. in the RKCSA. (C) If a mothership or shoreside proc- (i) If recording in DFL or DCPL, use essor—receipt, discard, or processing of two separate pages, the first to record groundfish. the information from the reporting (D) If a buying station—receipt, dis- area that includes the COBLZ or card, or delivery of groundfish. RKCSA and the second to record the (v) Active and conducting fishing activ- information from the reporting area ity. If in an active period and con- that does not include the COBLZ or ducting fishing activity, the operator RKCSA. or manager must record in the DFL, (ii) If recording on a WPR, use two DCL, or DCPL: separate columns to record the part of (A) Gear type. The gear type used to the same reporting area that includes harvest the groundfish. the COBLZ or RKCSA and the part
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that does not include the COBLZ or type, COBLZ or RKCSA area if applica- RKCSA. ble under paragraph (a)(7)(v)(B) of this (3) If a catcher/processor using trawl section, and CDQ number. gear and recording on a check-in/ (B) If recording landings on a WPR or check-out report, the operator must DPR, report each groundfish landing submit a separate check-in/check-out only in metric tons to at least the report to record the part of the same nearest 0.001 mt. reporting area that includes the (C) If no landings occurred, write COBLZ or RKCSA and the part that ‘‘NO LANDINGS’’ for that day. does not include the COBLZ or RKCSA (ii) DCPL. The manager of a shore- area. side processor must record in the (C) Observers. Except for a buying sta- DCPL: tion, the number of observers aboard or (A) Daily landings. The daily com- on site. bined scale weight of landings retained (D) Number of crew. Except for a for processing from a catcher vessel or shoreside processor, the number of from any associated buying station, to crew, excluding certified observer(s), the nearest lb or to at least the nearest on the last day of the weekly reporting 0.001 mt. Use a check mark in the ap- period. propriate box to indicate whether (E) CDQ. Whether harvest is under a records are in lbs or in metric tons. CDQ program; if yes, record the CDQ (B) Weekly landings. At the end of number. If fishing under more than one each weekly reporting period, enter for CDQ number, use a separate page for each species and product code the cu- each. mulative total scale weight of landings (vi) Active, no fishing activity—(A) for that week, summarized separately Catcher vessel. If a catcher vessel, in an by reporting area, gear type, COBLZ or active period, and not harvesting or RKCSA area if applicable under para- discarding groundfish, the operator graph (a)(7)(v)(B) of this section, and must check ‘‘ACTIVE, NOT FISHING’’ CDQ number. The cumulative total in the DFL and briefly describe the weight is calculated by adding the reason. daily totals for that week. (B) Catcher/processor. If a catcher/ (9) Product Information—(i) General. processor, in an active period, and not The operator of a catcher/processor or harvesting, discarding, or processing mothership or the manager of a shore- groundfish, the operator must record side processor must: ‘‘ACTIVE, NOT FISHING’’ in the DCPL (A) Record and report groundfish and briefly describe the reason. products by species codes, product (C) Mothership or shoreside processor. codes, and product designations as de- If a mothership or shoreside processor, fined in Tables 1 and 2 to this part for in an active period, and not receiving, each reporting area, gear type, COBLZ discarding, or processing groundfish, or RKCSA area if applicable under the operator or manager must record paragraph (a)(7)(v)(B) of this section, ‘‘NO RECEIVING OR PROCESSING and CDQ number. ACTIVITY’’ in the DCPL and briefly (B) If recording products on a WPR or describe the reason. DPR or recording products shipped or (D) Buying station. If a buying sta- received on a PTR, the operator or tion, in an active period, and not re- manager must report each groundfish ceiving, discarding, or delivering product only in metric tons to at least groundfish, the operator or manager the nearest 0.001 mt. must record ‘‘NO RECEIVING OR DE- (C) If no production occurred, write LIVERING ACTIVITY’’ in the DCL and ‘‘NO PRODUCTION’’ for that day. briefly describe the reason. (ii) DCPL. The operator or manager (8) Landings information—(i) General. must record in the DCPL: The manager of a shoreside processor (A) Daily production. The daily total, must: balance brought forward (except for (A) Record and report groundfish shoreside processors), and cumulative landings by species codes and product total fish product weight for each codes as defined in Tables 1 and 2 to groundfish product to the nearest lb or this part for each reporting area, gear to at least the nearest 0.001 mt. Use a
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check mark in the appropriate box to card, the estimated daily total, balance indicate whether records are in lbs or brought forward (except for shoreside in metric tons. processor DCPL), and cumulative total (B) Weekly production. At the end of estimated fish discards or donations each weekly reporting period, enter for weight to the nearest lb or to at least each species and product code the cu- the nearest 0.001 mt for each fishing mulative total fish product weight for trip. Use a check mark in the appro- each groundfish product to the nearest priate box to indicate whether records lb or to at least the nearest 0.001 mt, are in lbs or in metric tons. summarized separately by reporting (B) Prohibited species other than her- area, gear type, COBLZ or RKCSA area ring. For each discard or donation of if applicable under paragraph Pacific salmon, steelhead trout, hal- (a)(7)(v)(B) of this section, and CDQ ibut, king crab, and Tanner crab, number. The cumulative total fish record in the DFL, DCL, or DCPL, the product weight is calculated by adding date of discard, the estimated daily the daily totals and total carried for- total, balance brought forward (except ward (except for a Shoreside Processor for shoreside processor DCPL), and cu- DCPL) for that week. mulative total estimated numbers for (iii) Beginning of weekly reporting pe- discards or donations for each fishing riod. At the beginning of each weekly trip. reporting period, the amount is zero, (C) Cumulative totals. At the end of and nothing shall be carried forward each fishing trip, calculate the cumu- from the previous weekly reporting pe- lative total by adding the daily total riod. and balance forward (except for a (10) Discarded or donated species infor- Shoreside Processor DCPL), summa- mation. The operator or manager must rized separately by reporting area, gear record or report discards or donations type, COBLZ or RKCSA area if applica- as follows: ble under paragraph (a)(7)(v)(B) of this (i) General. (A) Record and report pro- section, and CDQ number. hibited species (see § 679.21(b)) and (D) Beginning of weekly reporting pe- groundfish discards or donations by riod. At the beginning of each weekly species and product codes as defined in reporting period, the amount is zero, Tables 1 and 2 to this part for each re- and nothing shall be carried forward porting area, gear type, COBLZ or from the previous weekly reporting pe- RKCSA area if applicable under para- riod. graph (a)(7)(v)(B) of this section, and (11) Contract processing. The manager CDQ number. of a shoreside processor or operator of (B) If recording discards or donations a mothership who receives groundfish on a WPR or DPR, the manager or op- to be handled or processed under con- erator must record: tract for another processor or business (1) The weekly cumulative total dis- entity must report these fish to the Re- card or donation for each species and gional Administrator consistently product code of groundfish species, throughout a fishing year using one of groundfish species group, or Pacific the following two methods: herring in metric tons to at least the (i) Combined records. Record landings nearest 0.001 mt. (if applicable), discards, and products (2) The weekly cumulative total esti- of contract-processed groundfish rou- mated numbers of discard or donation tinely in the DCPL, WPR, or DPR for each species and product code of without separate identification; or Pacific salmon, steelhead trout, hal- (ii) Separate records. Record landings ibut, king crab, and Tanner crab. (if applicable), discards, and products (C) If there were no discards or dona- of contract-processed groundfish in a tions, write ‘‘NO DISCARDS,’’ ‘‘0,’’ or separate DCPL, WPR, or DPR identi- ‘‘ZERO’’ for that day. fied by the name, Federal processor (ii) Logbook—(A) Groundfish and her- permit number or Federal fisheries per- ring. For each discard or donation of mit number, and ADF&G processor groundfish, groundfish species groups, code of the associated business entity. and Pacific herring, record in the (12) Alteration of records. (i) The oper- DCPL, DCL, or DFL the date of dis- ator, manager, or any other person
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may not alter or change any entry or (D) Shoreside processor DCPL. White record in a logbook, except that an in- and yellow copies. accurate or incorrect entry or record (E) Buying station DCL. White, pink, may be corrected by lining out the and yellow copies. original and inserting the correction, (iv) Logsheet distribution and retention. provided that the original entry or The operator or manager must dis- record remains legible. tribute or retain the multiple copies of (ii) No person except an authorized each logsheet as follows: officer may remove any original page (A) White, original logsheet. The white of any logbook. copy remains permanently in the log- (13) Inspection of records. The operator book. or manager must make all logbooks, (B) Yellow logsheet—(1) DFL or DCPL. reports, and forms required under this The yellow DFL or DCPL copy is sub- section available for inspection upon mitted to NMFS per paragraphs (a)(14) the request of an authorized officer. (v) and (vi) of this section. (14) Submittal, retention, and distribu- (2) DCL—(I) Buying station. The oper- tion of logbooks and forms—(i) Submittal ator or manager of a buying station of forms. Forms other than logbooks must submit upon delivery of catch the and mothership fish tickets may be yellow DCL copy to the associated submitted by the operator or manager mothership or shoreside processor, by: along with the ADF&G fish tickets for (A) Using the NMFS printed form and that delivery. faxing it to the fax number on the (ii) Mothership or shoreside processor. form; or The operator or manager of the associ- (B) Transmitting a data file with re- ated mothership or shoreside processor quired information and forms to NMFS receiving a delivery from a buying sta- by modem or satellite (specifically tion must submit the yellow DCL copy INMARSAT standards A, B, or C). to NMFS per paragraphs (a)(14)(v) and (ii) Submittal of logbooks. (A) For rec- (vi) of this section after photocopying ordkeeping and reporting in the each DCL yellow copy. The manager or groundfish fisheries of the EEZ off operator of the associated mothership Alaska, the operator of a catcher ves- or shoreside processor must retain sel, mothership, catcher/processor, or these photocopies until the original of a buying station delivering to a DCL is received from the associated mothership, or the manager of a shore- buying station at the conclusion of side processor or of a buying station fishing or no later than February 1 of delivering to a shoreside processor is the following fishing year. required to use the logbooks issued per (C) Blue discard logsheet, DFL—(1) paragraph (a)(4) of this section, retain Catcher vessel. Except when delivering the logbooks per paragraph (a)(14)(vii) an unsorted codend (see paragraph of this section, and submit the (c)(6)(i) of this section), the operator of logbooks and logsheets to NMFS per a catcher vessel must submit the blue paragraphs (a)(14)(iv), (v), and (vi) of DFL copy to the buying station, this section. mothership, or shoreside processor that (B) The operator or manager of a receives the groundfish harvest. buying station must maintain a sepa- (2) Buying station. The operator or rate DCL for each mothership or shore- manager of a buying station must sub- side processor to which the buying sta- mit upon delivery of catch to an associ- tion delivers groundfish during a fish- ated mothership or shoreside processor ing year. any blue DFL copies received from (iii) Logbook descriptions. The copy catcher vessels delivering groundfish sets of each logbook are described to the buying station. below: (3) Mothership or shoreside processor. (A) Catcher vessel DFL. White, blue, The operator of a mothership or the and yellow copies. manager of a shoreside processor must (B) Catcher/processor DCPL. White and retain the blue DFL copies submitted yellow copies. by operators of catcher vessels through (C) Mothership DCPL. White and yel- the last day of the fishing year during low copies. which the records were made.
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(D) Pink logsheet, DCL. The operator made and for as long thereafter as fish or manager of a buying station must or fish products recorded in the retain the pink DCL copies for each as- logbooks and forms are retained. sociated mothership or shoreside proc- (2) For 3 years after the end of the essor for 3 years after the end of the fishing year during which the records fishing year during which the records were made. were made. (15) Delivery information for buying (v) Logsheet submittal address. The station, mothership, and shoreside proc- yellow copies described in paragraph essor. The operator of a mothership or (a)(14)(iv)(B) of this section must be buying station delivering to a submitted on a quarterly basis to: mothership or the manager of a shore- NMFS Office of Enforcement, Alaska side processor or buying station deliv- Region Logbook Program, P.O. Box ering to a shoreside processor must 21767, Juneau, AK 99802–1767. record the following information in the (vi) Yellow logsheet submittal schedule. ‘‘delivery information section’’ of the The yellow copies described in para- Buying Station DCL, Mothership graph (a)(14)(iv)(B) of this section must DCPL, or Shoreside Processor DCPL: be submitted to NMFS on the following (i) If groundfish delivery was made by schedule: Yellow copies from the first a catcher vessel or buying station, quarter, by May 1 of that fishing year; write ‘‘CV’’ or ‘‘BS,’’ respectively. yellow copies from the second quarter, (ii) If groundfish delivery was made by August 1 of that fishing year; yellow by another processor, record: copies from the third quarter, by No- (A) A dash (—) in the CV/BS column, vember 1 of that fishing year; and yel- in the receive/discard column, and in low copies from the fourth quarter, by the fish ticket column. February 1 of the following fishing (B) Name and ADF&G code of the year. processor that delivered the ground- (vii) Retention of logbooks and forms. fish. (A) The operator of a catcher vessel (C) Time the delivery was completed. must retain the original (white) copy (D) Estimated total round weight of of all DFLs per paragraph (a)(14)(vii)(E) the groundfish. Option: Record actual of this section. weights by species, if known. (B) The operator of a catcher/proc- (iii) If groundfish delivery is from a essor or mothership or the manager of catcher vessel, whether the blue DFL a shoreside processor must retain the copies were submitted at time of deliv- white copy of all DCPLs per paragraph ery. If not submitted, record the re- (a)(14)(vii)(E) of this section. sponse ‘‘NO’’ and a ‘‘P’’ to indicate the (C) The operator of a mothership or catcher vessel does not have a Federal the manager of a shoreside processor fisheries permit; an ‘‘L’’ to indicate the must retain the white copy of the DCL catcher vessel is under 60 ft (18.3 m) from each associated buying station length overall (LOA); or a ‘‘U’’ to indi- per paragraph (a)(14)(vii)(E) of this sec- cate the catcher vessel delivered an tion. unsorted codend. If a catcher vessel is (D) The operator of a catcher/proc- under 60 ft (18.3 m) LOA and also does essor or mothership or the manager of not have a Federal fisheries permit, a shoreside processor must retain a record a ‘‘P.’’ paper copy of all forms submitted to (iv) Name and ADF&G vessel number NMFS, including those forms that were (if applicable) of the catcher vessel or originally submitted electronically per buying station delivering the ground- paragraph (a)(14)(vii)(E) of this section. fish. (E) The operator of a catcher/proc- (v) Date and time (to the nearest essor or mothership or the manager of hour, A.l.t.) when receipt of groundfish a shoreside processor must make the catch is completed. logbook copies and paper forms re- (vi) If a mothership, latitude and lon- quired in paragraphs (a)(14)(vii)(A) gitude (to the nearest minute) of the through (D) of this section available mothership position when the ground- for inspection by an authorized officer: fish catch is received. Option: Record (1) On site until the end of the fishing to nearest second or fraction of year during which the records were minute.
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(vii) Estimated total groundfish de- DFL by noon of the day following gear livery weight of the groundfish catch retrieval. to the nearest lb or to the nearest mt. (C) Notwithstanding other time lim- (viii) ADF&G fish ticket numbers its, all information required in the issued to catcher vessels for the weekly DFL within 2 hours after the vessel’s reporting period, including the fish catch is offloaded. ticket numbers issued by an associated (D) Except as provided at paragraph buying station. (c)(6)(i) of this section, within 2 hours (ix) If a shoreside processor and lo- of completion of catch delivery infor- cated in a state other than Alaska, the mation, the operator must submit the manager must record the fish ticket blue DFL copies with delivery of the number issued through that state. If a harvest to the operator of a mothership state fish ticket system is unavailable, or a buying station delivering to a the manager must record the catch re- mothership, or to the manager of a ceipt number. shoreside processor or buying station (x) If a buying station, the name and delivering to a shoreside processor. ADF&G processor code of the associ- (ii) Catcher/processor DCPL. The oper- ated mothership or shoreside processor ator of a catcher/processor must record to which groundfish deliveries were in the DCPL, for each haul or set: made. (A) The time, position, and estimated (b) Representative. The operator of a total catch weight of groundfish within catcher vessel, mothership, catcher/ 2 hours after gear retrieval. processor, or buying station delivering (B) Product and discard or donation to a mothership or manager of a shore- information as described at paragraphs side processor or buying station deliv- (a)(9) and (a)(10) of this section each ering to a shoreside processor may day on the day they occur; all other in- identify one person to fill out and sign formation required in the DCPL by the logbook, to complete the record- noon of the day following completion keeping and reporting forms, and to of production. identify the contact person for inquir- (C) Notwithstanding other time lim- ies from NMFS. Designation of a rep- its, record all information required in resentative under this paragraph does the DCPL within 2 hours after the ves- not relieve the owner, operator, or sel’s catch is offloaded. manager of responsibility for compli- (3) Haul/set information. In addition to ance under paragraph (a)(3) of this sec- requirements described in paragraphs tion. (a) and (b) of this section, the operator (c) Catcher vessel DFL and catcher/ of a catcher vessel or catcher/processor processor DCPL. In addition to require- must record the following information ments described in paragraphs (a) and for each haul or set: (b) of this section, the operator of a (i) The number of haul or set, sequen- catcher vessel or catcher/processor tially by year; must record: (ii) If the vessel is using hook-and- (1) Pair trawls. If two catcher vessels line gear, the number of skates set. If are dragging a trawl between them the vessel is using longline pot or sin- (pair trawl), a separate DFL must be gle pot gear, the total number of pots maintained by each vessel. Each vessel set; operator must log the amount of the (iii) The date (month-day-year), catch retained by that vessel and any begin time (to the nearest hour) and fish discarded by the vessel. position coordinates (to the nearest (2) Time limit and submittal—(i) Catch- minute) of gear deployment; er vessel DFL. The operator of a catcher (iv) The date (month-day-year), end vessel must record in the DFL: time (to the nearest hour), and position (A) The time, position, and estimated coordinates (to the nearest minute) of total catch weight of groundfish within gear retrieval; 2 hours after gear retrieval. (v) The average sea depth and aver- (B) Discard or donation information age gear depth, recorded to the nearest as described at paragraph (a)(10) of this meter or fathom; section each day on the day they occur; (vi) The estimated total round catch all other information required in the weight of the groundfish catch in lbs or
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to the nearest mt. If fishing in IFQ hal- (i) Unsorted codends. If deliveries to a ibut fishery, enter the estimated total mothership or shoreside processor are weight of groundfish bycatch; unsorted codends, the catcher vessel is (vii) The round catch weight of pol- exempt from recording discards in the lock and Pacific cod; DFL and from submittal of the blue (viii) If fishing in an IFQ fishery, the DFL copy (discards copy) for that de- estimated round catch weight of IFQ livery (see paragraph (a)(14)(iv)(C) of sablefish; this section). The operator must check (ix) If fishing in an IFQ fishery, the the box entitled ‘‘unsorted codend’’ and round catch weight of rockfish and Pa- must remove and discard the blue DFL cific cod; and copy. (x) When fishing in an IFQ fishery (ii) Presorted delivery. Except as pro- and the fishery for Pacific cod or rock- vided at § 679.27(d), if the deliveries of a fish is closed to directed fishing in that catcher vessel are presorted at sea or if reporting area as described in § 679.20, the catcher vessel has ‘‘bled’’ a codend the operator must record up to and in- prior to delivery to a mothership, cluding the maximum retainable by- shoreside processor, or buying station, catch amount for Pacific cod or rock- the operator must: fish as defined in Table 10 or 11 to this (A) Check the ‘‘presorted delivery’’ part; quantities over this amount must box. be recorded in the discard or donation (B) Enter the estimated amount of section. discards or donations by species in the (4) Catcher vessel delivery information. DFL. The operator of a catcher vessel must (d) Buying station DCL—(1) General. In record: addition to requirements described in (i) The date of delivery. paragraphs (a) and (b) of this section, (ii) The name, ADF&G processor the operator or manager of a buying code, and ADF&G fish ticket number(s) station must record discard or dona- provided by the operator of the tion information in the DCL that: mothership or of the buying station de- (i) Are reported on a blue DFL copy livering to a mothership, or by the by a catcher vessel delivering to a buy- manager of a shoreside processor or of ing station. a buying station delivering to a shore- (ii) Occur after receipt of harvest side processor. from a catcher vessel. (5) IFQ data. The operator of a catch- (iii) Occur prior to delivery of har- er vessel or catcher/processor using vest to a mothership or shoreside proc- fixed gear must record IFQ information essor. as follows: (2) Time limits. The operator or man- (i) IFQ Identification. (A) Check ager of a buying station must record: ‘‘YES’’ or ‘‘NO’’ to record if persons (i) Catcher vessel ‘‘delivery informa- aboard have authorized IFQ permits. tion’’ within 2 hours after completion (B) If ‘‘YES,’’ record the following: of receipt of each groundfish delivery. (1) Vessel operator’s (captain’s) name (ii) Discard or donation information and IFQ permit number, if any. as described at paragraph (a)(10) of this (2) Name of each IFQ holder aboard section: the vessel and each holder’s IFQ permit (A) Each day on the day discards or number. donations occur: (ii) IFQ landings. If IFQ landings are (1) After receipt of harvest from a made, the operator must record the fol- catcher vessel is completed; and lowing: (2) Prior to delivery of harvest to a (A) Month and day of landing. mothership or shoreside processor. (B) Name of registered buyer. (B) On the day the blue DFL copy is (C) Name of unloading port. received from a catcher vessel deliv- (6) Discard or donation information, ering groundfish to the buying station; catcher vessel. In addition to the re- (iii) All other information required in quirements in paragraph (a)(10) of this the DCL by noon of the day following section, the operator of a catcher ves- the day the receipt of groundfish was sel must record in the DFL: completed.
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(e) Mothership DCPL—(1) General. In (C) Occurs during processing of addition to requirements described in groundfish. paragraphs (a) and (b) of this section, (2) Time limits. The manager of a the operator of a mothership must shoreside processor must record: record discard or donation information (i) All catcher vessel or buying sta- in the DCPL that: tion ‘‘delivery information’’ within 2 (i) Is reported on a blue DFL copy by hours after completion of receipt of a catcher vessel or on a yellow DCL each groundfish delivery. copy by a buying station delivering (ii) Landings and product informa- groundfish to a mothership. tion as described at paragraphs (a)(8) (ii) Occurs on site after receipt of and (a)(9), respectively, of this section groundfish from a catcher vessel or each day on the day they occur. buying station. (iii) Discard or donation information (iii) Occurs during processing of as described at paragraph (a)(10) of this groundfish. section: (2) Time limits. The operator of a (A) Each day on the day they occur: mothership must record: (1) On site after receipt of groundfish (i) Except for records of round weight from a catcher vessel. catch for IR/IU species pollock and Pa- (2) During processing of groundfish. cific cod, ‘‘delivery information’’ in the (B) On the day the blue DFL copy is DCPL within 2 hours after receipt of received from a catcher vessel deliv- each groundfish delivery. ering groundfish to a shoreside proc- (ii) Product information as described essor. at paragraph (a)(9) of this section each (C) On the day the yellow DCL copy day on the day they occur. is received from a buying station deliv- (iii) Discard or donation information ering groundfish to a shoreside proc- as described at paragraphs (a)(10) and essor. (e)(1) of this section: (iv) All other information required in (A) Each day on the day they occur: the DCPL by noon of the day following (1) On site after receipt of groundfish the day of production completion. from a catcher vessel. (g) Groundfish Product Transfer Report (2) During processing of groundfish. (PTR)—(1) Requirement. Except as pro- (B) On the day the blue DFL copy is vided in paragraphs (g)(1) (i) through received from a catcher vessel deliv- (iv) of this section, the operator of a ering groundfish to the mothership. mothership or catcher/processor or the (C) On the day the yellow DCL copy manager of a shoreside processor must is received from a buying station deliv- record each transfer of groundfish ering groundfish to a mothership. product or donated prohibited species (iv) All other information required in on a separate PTR. the DCPL by noon of the day following (i) Product codes 41 and 99. The oper- the day of production completion. ator or manager does not report those (f) Shoreside processor DCPL—(1) Gen- fish products, defined as product code eral. In addition to requirements de- 41 in Table 1 to this part, that are des- scribed in paragraphs (a) and (b) of this tined for offsite fish meal production section, the manager of a shoreside or those fish products, defined as prod- processor must record in the DCPL: uct code 99 in Table 1 to this part that (i) The management area (BSAI or are subsequently transferred for dis- GOA) for the product where the card at sea. groundfish was harvested on each sec- (ii) Bait sales. The operator or man- tion of the Part II logsheet. ager may aggregate individual sales or (ii) Discard or donation information transfers of groundfish to vessels for in the DCPL that: bait purposes during a day onto one (A) Is reported on a blue DFL copy by PTR when recording the amount of a catcher vessel or on a yellow DCL such bait product leaving a facility copy by a buying station delivering that day. groundfish to a mothership. (iii) Over-the-counter groundfish sales. (B) Occurs on site after receipt of The operator or manager may aggre- groundfish from a catcher vessel or gate individual over-the-counter sales buying station. of groundfish for human consumption
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in quantities less than 10 lb (0.0045 mt) (A) Vessel name. If another vessel is per sale during a day onto one PTR involved with the transfer, the name when recording the amount of such and call sign of the vessel receiving or over-the-counter product leaving a fa- delivering groundfish or groundfish cility that day. products. (iv) IFQ registered buyer. If the oper- (B) Port of landing. If a mothership or ator of a mothership or catcher/proc- catcher/processor and the transfer essor or the manager of a shoreside takes place in port, the port of landing processor possesses a registered buyer and country, if a foreign location. permit issued per § 679.4(d)(2), the oper- (C) Agent. (1) Except as provided in ator or manager is not required to sub- paragraphs (g)(3)(ii)(C)(2) and mit a PTR to document shipment of (g)(3)(ii)(C)(3) of this section, enter the IFQ or CDQ sablefish product. How- agent’s name, which, for purposes of ever, a shipment report as described at this section, is defined as the buyer or paragraph (l)(3) of this section is re- the distributor. quired for each shipment of IFQ or CDQ (2) If groundfish bait transfer or sales sablefish product. are aggregated onto a PTR for a given (2) Time limits and submittal. The oper- day as described at paragraph (g)(1)(ii) ator of a mothership or catcher/proc- of this section, enter ‘‘fishing vessels.’’ essor or manager of a shoreside proc- (3) If groundfish over-the-counter essor must: sales are aggregated onto a PTR for a (i) Record all product transfer infor- given day as described at paragraph mation on a PTR within 2 hours of the (g)(1)(iii) of this section, enter ‘‘over- completion of the transfer. the-counter sales.’’ (ii) Submit by fax a copy of each PTR (D) Intended first destination of prod- to the NMFS Alaska Enforcement Divi- uct. (1) If an offload or shipment, the sion by 1200 hours, A.l.t., on the Tues- intended destination of the vessel or day following the end of the applicable agent receiving the groundfish or weekly reporting period in which the groundfish product. transfer occurred. (2) If an offload or shipment has sev- (iii) A PTR is not required to accom- eral destinations, the first intended pany a shipment or offload. destination. (3) Information required—(i) General. (3) If offload or shipment has a single In addition to requirements described destination but requires loading on in paragraphs (a) and (b) of this sec- multiple vans, trucks, or airline tion, the operator of a mothership or flights, the transfer may be recorded catcher/processor or the manager of a on a single PTR page. shoreside processor must record on a (4) If groundfish bait sales are aggre- PTR: gated onto a PTR for a given day as de- (A) Page numbers must be numbered scribed at paragraph (g)(1)(ii) of this consecutively, starting with the first section, enter ‘‘bait.’’ transfer of the fishing year as page 1 (5) If groundfish over-the-counter and continuing throughout the remain- sales are aggregated onto a PTR for a der of the fishing year. given day as described at paragraph (B) ‘‘RECEIPT,’’ if product (including (g)(1)(iii) of this section, enter ‘‘over- raw fish) is received; ‘‘OFFLOAD,’’ if the-counter sales.’’ product (including raw fish) is (E) Date and time of product transfer— offloaded from a mothership or catch- (1) Start. Except as provided in para- er/processor; ‘‘SHIPMENT,’’ if product graphs (g)(3)(ii)(E)(1)(i) and (ii) of this (including raw fish) is shipped from a section, the date and time, as described shoreside processor. in paragraph (a)(6)(iii) of this section (C) If a catcher/processor or the transfer starts. mothership, the USCG documentation (i) Bait sales. If groundfish bait sales number. are aggregated onto a PTR for a given (ii) Transfer information. The operator day, the transfer start time is the time of a catcher/processor or mothership or of the first bait sale. manager of a shoreside processor must (ii) Over-the-counter sales. If ground- record on each page the following in- fish over-the-counter sales are aggre- formation for each transfer: gated onto a PTR for a given day, the
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transfer start time is the time of the product weight, to the nearest 0.001 mt, first over-the-counter sale. of the products (by harvest zone, spe- (2) Finish. Except as provided in para- cies and product codes) remaining on graphs (g)(3)(ii)(E)(2)(i) through (v) of board after this transfer. this section, the date and time, as de- (h) Check-in/check-out report—(1) Ap- scribed in paragraph (a)(6)(iii) of this plicability—(i) Transit between reporting section, the transfer is completed. areas. If a vessel is transiting through (i) Individual van or flight. If shipment a reporting area and is not fishing or is an individual van load or flight, the receiving fish, a check-in or check-out date and time when each shipment report is not required from that area. leaves the plant. (ii) Multiple vessel operations cat- (ii) Multiple vans or trucks. If ship- egories—(A) Check-in report. If a catch- ment involves multiple vans or trucks, er/processor is functioning simulta- record date and time when the last van neously as a mothership in the same or truck of the day leaves the plant. (iii) Multiple airline flights. If ship- reporting area, the operator must sub- ment involves multiple airline flights, mit a separate check-in report for each record date and time when the last air- vessel operations category. line flight shipment of the day leaves (B) Check-out report. Upon completion the plant. of each activity, the operator must (iv) Bait sales. If PTR is for aggre- submit a check-out report for each ves- gated groundfish bait sales for a given sel operations category. day, the transfer finish time is the (2) Time limits and submittal—(i) time of the last bait sale. Check-in report (BEGIN message)—(A) (v) Over-the-counter sales. If PTR is Catcher/processor—(1) Using hook-and- for aggregated groundfish over-the- line or pot gear. (i) Before the operator counter sales for a given day, the of a catcher/processor using hook-and- transfer finish time is the time of the line or pot gear sets gear for groundfish last over-the-counter sale. in any reporting area except 300, 400, (F) Position transferred. If a catcher/ 550, or 690, the operator must submit a processor or mothership and transfer of check-in report (BEGIN message) by product is made at sea, the latitude fax to the Regional Administrator. and longitude of the transfer position (ii) The operator of a catcher/proc- in degrees and minutes. essor using hook-and-line or pot gear (iii) Products and quantities offloaded, may be checked-in to more than one shipped, or received. The operator of a area simultaneously. catcher/processor or mothership or (2) Using other than hook-and-line or manager of a shoreside processor must pot gear. (i) Before the operator of a record the following information: catcher/processor using other than (A) If a catcher/processor or hook-and-line or pot gear commences mothership, the harvest zone code of fishing for groundfish in any reporting the area in which groundfish were har- area except 300, 400, 550, or 690, the op- vested as defined in Table 8 to this erator must submit a check-in report part. (B) The species code and product code (BEGIN message) by fax to the Re- for each product transferred as defined gional Administrator. in Tables 1 and 2 to this part. (ii) The operator of a catcher/proc- (C) The number of cartons or produc- essor using other than hook-and-line or tion units transferred. pot gear may be checked-in to only one (D) The average net weight of one area at a time. carton for each species and product (B) Mothership, shoreside processor, code in kilograms or lbs. buying station. (1) Before a mothership, (E) The total net weight (fish product shoreside processor, or buying station weight, to the nearest 0.001 mt) of the commences receipt of groundfish from products transferred. any reporting area except 300, 400, 550, (iv) Total or partial offload. If a catch- or 690, the operator or manager must er/processor or mothership, whether submit a check-in report (BEGIN mes- the transfer is a total or partial off- sage) by fax to the Regional Adminis- load. If partial offload, the total fish trator.
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(2) The operator of a mothership may (D) Buying station delivering to a be checked into more than one area si- shoreside processor. If a land-based buy- multaneously. ing station delivering to a shoreside (C) Directed fishing under a CDQ allo- processor, the manager: cation. The operator must submit by (1) Must submit a check-out report fax a check-in report to the Regional by fax to the Regional Administrator Administrator prior to directed fishing within 24 hours after delivery of for each CDQ allocation. groundfish ceases for the fishing year. (ii) Check-out report (CEASE mes- (2) May submit a check-out report by sage)—(A) Catcher/processor—(1) Using fax to the Regional Administrator hook-and-line or pot gear. (i) If a catch- when receipt of groundfish is tempo- er/processor using hook-and-line or pot rarily halted during the fishing year gear departs a reporting area and gear for a period of at least two weekly re- retrieval is complete from that area, porting periods. the operator must submit by fax a (E) End of fishing year. If a check-out check-out report to the Regional Ad- report has not previously been sub- ministrator within 24 hours after de- mitted during a fishing year, the oper- parting a reporting area. ator or manager must submit a check- (ii) If a catcher/processor using hook- out report at the end of that fishing and-line or pot gear is checked-in to year, December 31. (F) Directed fishing under a CDQ allo- multiple reporting areas, the operator cation. The operator must submit a must submit a check-out report for check-out report by fax to the Regional each reporting area by fax. Administrator within 24 hours after di- ( ) 2 Using other than hook-and-line or rected fishing for each species under If a catcher/processor using pot gear. each CDQ allocation has ceased. other than hook-and-line or pot gear (3) General information. In addition to departs a reporting area, the operator requirements described in paragraphs must submit by fax a check-out report (a) and (b) of this section, the operator to the Regional Administrator within of a catcher/processor, mothership, or 24 hours after departing a reporting of a buying station delivering to a area but prior to checking-in another mothership or the manager of a shore- reporting area. side processor or buying station deliv- (B) Mothership or buying station deliv- ering to a shoreside processor must ering to a mothership. (1) If a mothership record: or buying station delivering to a (i) BEGIN message—(A) Mothership. (1) mothership completes receipt of Date (month-day-year) and time (to groundfish, the operator must submit a the nearest hour, A.l.t.) that receipt of check-out report by fax to the Regional groundfish begins. Administrator within 24 hours after de- (2) Latitude and longitude of position parting a reporting area. in degrees and minutes where ground- (2) If a mothership is checked-in to fish receipt begins. multiple reporting areas, the operator (3) Reporting area code where must submit a check-out report for groundfish receipt begins and whether each reporting area by fax. mothership is receiving groundfish in (C) Shoreside processor. If a shoreside the COBLZ or RKCSA area. processor, the manager: (4) Primary and secondary species ex- (1) Must submit a check-out report pected to be received the following by fax to the Regional Administrator week. A change in intended target spe- within 48 hours after the end of the ap- cies within the same reporting area plicable weekly reporting period that a does not require a new BEGIN message. shoreside processor ceases to process (5) Whether acting as a mothership or groundfish for the fishing year. catcher/processor. (2) May submit a check-out report by (B) Catcher/processor. (1) Date (month- fax to the Regional Administrator day-year) and time (to the nearest when receipt or processing of ground- hour, A.l.t.) that gear is deployed. fish is temporarily halted during the (2) Latitude and longitude of position fishing year for a period of at least two in degrees and minutes where gear is weekly reporting periods. set.
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(3) Reporting area code where gear fish products held at the plant in lbs or deployment begins and whether catch- to the nearest 0.001 mt by species and er/processor is located in the COBLZ or product codes on each check-in report RKCSA area. and on each check-out report. (4) Primary and secondary species ex- (i) Weekly Production Report (WPR)— pected to be harvested the following (1) Applicability. week. A change in intended target spe- (i) The operator of a catcher/proc- cies within the same reporting area essor or mothership or the manager of does not require a new BEGIN message. a shoreside processor must submit a (5) Whether acting as a mothership or WPR for any week the mothership, catcher/processor. catcher/processor, or shoreside proc- (C) Shoreside processor. (1) Date essor is checked in pursuant to para- (month-day-year) the facility will graph (h)(2)(i) of this section. begin to receive groundfish. (ii) The operator of a vessel that is (2) Whether checking in for the first authorized to conduct operations as time at the beginning of the fishing both a catcher/processor and as a year or checking in to restart receipt mothership must submit separate and processing of groundfish after fil- WPRs to report production and discard ing a check-out report. as a catcher/processor and production (D) Buying station. (1) If delivering to and discard as a mothership. a mothership, reporting area code (2) Time limits and submittal. The oper- where groundfish receipt begins. ator or manager must submit a WPR (2) Date (month-day-year) facility by fax to the Regional Administrator will begin to receive groundfish. by 1200 hours, A.l.t., on the Tuesday (3) Whether checking in at the begin- following the end of the applicable ning of the fishing year or checking in weekly reporting period. to restart after filing a check-out re- port. (3) Information required. In addition to requirements described in paragraphs (4) Intended primary target species expected to be received the following (a) and (b) of this section, the operator week. A change in intended target spe- of a catcher/processor or mothership, cies within the same reporting area or manager of a shoreside processor does not require a new BEGIN message. must record: (ii) CEASE message—(A) Mothership. (i) The date (month-day-year) the Date (month-day-year), time (to the WPR was completed. nearest hour, A.l.t.), and latitude and (ii) The primary and secondary tar- longitude of position in degrees and get codes for the following week. minutes where the last receipt of (iii) If a mothership or catcher/proc- groundfish was made. essor, record the processor type. (B) Catcher/processor. Date (month- (j) Daily Production Report (DPR)—(1) day-year), time (to the nearest hour, Notification. If the Regional Adminis- A.l.t.), and latitude and longitude of trator determines that DPRs are nec- position in degrees and minutes where essary to avoid exceeding a groundfish the vessel departed the reporting area. TAC or prohibited species bycatch al- (C) Shoreside processor. Date (month- lowance, NMFS may require submis- day-year) that receipt of groundfish sion of DPRs from motherships, catch- ceased. er/processors, and shoreside processors (D) Buying station. (1) If delivering to for reporting one or more specified spe- a mothership, date (month-day-year), cies, in addition to a WPR. NMFS will time (to the nearest hour, A.l.t.), and publish notification in the FEDERAL latitude and longitude of position in REGISTER specifying the fisheries that degrees and minutes where the vessel require DPRs and the dates that sub- departed the reporting area. mittal of DPRs are required. (2) If delivering to a shoreside proc- (2) Applicability. (i) If a catcher/proc- essor, date (month-day-year) that re- essor or mothership is checked in to ceipt of groundfish ceased. the specified reporting area and is har- (iii) Fish or fish product held at plant. vesting, receiving, processing, or dis- The manager of a shoreside processor carding the specified species or is re- must report the weight of all fish or ceiving reports from a catcher vessel of
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discard at sea of the specified species, (C) Port of landing. If no fish on the operator must submit a DPR. board, indicate first destination. (ii) If a shoreside processor is receiv- (D) Whether the vessel is returning ing, processing, or discarding the speci- from fishing or departing to fish in the fied species or is receiving reports from Russian Zone. a catcher vessel of discard at sea of the (E) Date (month-day-year) and time specified species, the manager must (Greenwich mean time) the vessel will submit a DPR. cross the seaward boundary of the EEZ (iii) The operator of a catcher/proc- off Alaska or the U.S.-Canadian inter- essor or mothership or the manager of national boundary between Alaska and a shoreside processor must use a sepa- British Columbia. rate DPR for each gear type, processor (F) Latitude and longitude of posi- type, and CDQ number. tion in degrees and minutes at the (3) Time limit and submittal. The oper- point of crossing the seaward boundary ator or manager must submit a DPR by of the EEZ off Alaska or U.S.-Canadian fax to the Regional Administrator by international boundary between Alas- 1200 hours, A.l.t., the day following ka and British Columbia. each day of landings, discard, or pro- (ii) Fish or fish products. The operator duction. of a catcher vessel, catcher/processor, (4) Information required. In addition to or mothership must record the fish or requirements described in paragraphs fish products on board the vessel when (a) and (b) of this section, the operator crossing the seaward boundary of the of a catcher/processor or mothership, EEZ off Alaska or U.S.-Canadian inter- or the manager of a shoreside processor national boundary as follows: must record the processor type. (A) The harvest zone code of the area (k) U.S. Vessel Activity Report (VAR)— in which groundfish were harvested as (1) Applicability. The operator of a catcher vessel, catcher/processor, or of defined in Table 8 to this part. a mothership regulated under this part (B) The species code and product code must submit a VAR by fax to NMFS for each species on board as defined in Alaska Enforcement Division, Juneau, Tables 1 and 2 to this part. AK, before the vessel crosses the sea- (C) The fish product weight of prod- ward boundary of the EEZ off Alaska ucts on board in lbs or to the nearest or crosses the U.S.-Canadian inter- 0.001 mt. national boundary between Alaska and (l) IFQ recordkeeping and reporting re- British Columbia. quirements. In addition to the record- (2) Information required—(i) General. keeping and reporting requirements in In addition to requirements described this section and as prescribed in the in paragraphs (a) and (b) of this sec- annual management measures pub- tion, the operator of each catcher ves- lished in the FEDERAL REGISTER pursu- sel, catcher/processor, or mothership ant to §300.62 of chapter III of this title, must record: the following IFQ reports are required, (A) If the vessel is crossing into the when applicable: prior notices of land- seaward boundary of the EEZ off Alas- ing, landing report, shipment report, ka or crossing the U.S.-Canadian inter- transshipment authorization, vessel national boundary between Alaska and clearance report, and departure report. British Columbia into U.S. waters, the (1) Prior notice of IFQ landing—(i) Ap- operator must indicate a ‘‘return’’ re- plicability. Except as provided in para- port. ‘‘Return,’’ for purposes of this graph (l)(1)(iv) of this section, the oper- paragraph, means coming back to Alas- ator of any vessel making an IFQ land- ka. ing must notify the NMFS Enforce- (B) If the vessel is crossing out of the ment, Juneau, no fewer than 6 hours seaward boundary of the EEZ off Alas- before landing IFQ halibut or IFQ sa- ka or crossing the U.S.-Canadian inter- blefish, unless permission to commence national boundary between Alaska and an IFQ landing within 6 hours of notifi- British Columbia into Canadian wa- cation is granted by a clearing officer. ters, the operator must indicate a ‘‘de- (ii) Time limits. Prior notice of an IFQ part’’ report. ‘‘Depart,’’ for purposes of landing must be made to the toll-free this paragraph, means leaving Alaska. telephone number specified on the IFQ
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permit between the hours of 0600 hours, (C) Once landing operations have A.l.t., and 2400 hours, A.l.t. commenced, the IFQ cardholder and (iii) Information required. Prior notice the harvesting vessel may not leave must include the following: Name of the landing site until the IFQ account the registered buyer(s) who will be re- is properly debited. The offloaded IFQ sponsible for completion and submis- species may not be moved from the sion of the IFQ Landing Report(s); the landing site until the IFQ landing re- location of the landing; vessel identi- port is received by NMFS Enforcement, fication; estimated weight of the IFQ Juneau, and the IFQ cardholder’s ac- halibut or IFQ sablefish that will be count is properly debited. A properly landed; identification number(s) of the concluded transaction terminal receipt IFQ card(s) that will be used to land or manual landing report receipt re- the IFQ halibut or IFQ sablefish; and ceived by fax from NMFS Enforcement, the date and time that the landing will Juneau, constitutes confirmation that take place. NMFS received the landing report and (iv) Exemption. The operator of a cat- that the cardholder’s account was egory B, C, or D vessel, as defined at properly debited. After the registered §679.40(a)(5), making an IFQ landing of buyer enters the landing data in the IFQ halibut of 500 lb (0.227 mt) or less transaction terminal and a receipt is of IFQ weight determined pursuant to printed, the IFQ cardholder must sign §679.42(c)(2) and concurrent with a legal the receipt. Legible copies of the re- landing of salmon is exempt from the ceipt must be retained by both the reg- prior notice of landing required by this istered buyer and the IFQ cardholder section. pursuant to paragraph (l)(7) of this sec- (v) Revision to prior notice. The oper- tion. ator of any vessel wishing to land IFQ (iii) Manual landing report. (A) If a halibut or IFQ sablefish before the date waiver has been granted pursuant to and time reported in the prior notice or paragraph (l)(2)(ii) of this section, man- later than 2 hours after the date and ual landing instructions must be ob- time reported in the prior notice must tained from NMFS Enforcement, Ju- submit a new prior notice of IFQ land- neau, at (800) 304–4846 or (907) 586–7163. ing as described in paragraphs (l)(1)(i) Completed manual landing reports through (iii) of this section. must be submitted by fax to NMFS En- (2) Landing report—(i) Applicability. A forcement, Juneau, at (907) 586–7313. registered buyer must report an IFQ (B) The manual landing report must landing within 6 hours after all such be signed by the registered buyer, the fish are landed and prior to shipment IFQ cardholder, and the NMFS rep- or departure of the delivery vessel from resentative to show that the IFQ card- the landing site. holder’s account was properly debited. (ii) Electronic landing report. (A) Elec- (iv) Time limits and submittals. (A) An tronic landing reports must be sub- IFQ landing may commence only be- mitted to NMFS Enforcement, Juneau, tween 0600 hours, A.l.t., and 1800 hours, using magnetic strip cards issued by A.l.t., unless: NMFS, Alaska Region, and transaction (1) Permission to land at a different terminals and printers driven by cus- time is granted in advance by a clear- tom-designed software, as provided ing officer; or and/or specified by NMFS, Alaska Re- (2) IFQ halibut of 500 lb (0.227 mt) or gion. It is the responsibility of the reg- less of IFQ weight determined pursuant istered buyer to locate or procure a to §679.42(c)(2) is landed concurrently transaction terminal and report as re- with a legal landing of salmon by a cat- quired. Waivers from the electronic re- egory B, C, or D vessel, as defined at porting requirement can only be grant- §679.40(a)(5). ed in writing on a case-by-case basis by (B) An IFQ landing report must be a local clearing officer. completed and the IFQ account(s) prop- (B) The IFQ cardholder must initiate erly debited, as defined in paragraph a landing report by using his or her (l)(2)(ii)(C) of this section, within 6 own magnetic card and personal identi- hours after the completion of the IFQ fication number (PIN). landing.
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(v) Landing verification and inspection. (iii) Revision to shipment report. Each Each IFQ landing and all fish retained registered buyer must ensure that, if on board the vessel making an IFQ any information on the original Ship- landing are subject to verification, in- ment Report changes prior to the first spection, and sampling by authorized destination of the shipment, a revised officers, clearing officers, or observers. shipment report is submitted to NMFS Each IFQ halibut landing is subject to Enforcement, Juneau, clearly labeled sampling for biological information by ‘‘Revised Shipment Report’’ and that persons authorized by the IPHC. the revised shipment report be received (vi) Information required. The reg- by NMFS Enforcement, Juneau, within istered buyer must enter accurate in- 7 days of the change. formation contained in a complete IFQ (iv) Dockside sale or outside landing— landing report as follows: Date, time, (A) Dockside sale. (1) A registered buyer and location of the IFQ landing; name conducting dockside sales must issue a and permit number of the IFQ card receipt in lieu of a shipment report, holder and registered buyer; the har- that includes the date of sale or trans- vesting vessel’s ADF&G number; the fer, the registered buyer permit num- Alaska State fish ticket number(s) for ber, and the fish product weight of the the landing; the ADF&G statistical IFQ sablefish or halibut transferred to area of harvest reported by the IFQ each individual receiving IFQ halibut cardholder; if ADF&G statistical area or IFQ sablefish. is bisected by a line dividing two IFQ (2) A person holding a valid IFQ per- regulatory areas, the IFQ regulatory mit, IFQ card, and registered buyer area of harvest reported by the IFQ permit may conduct a dockside sale of cardholder; for each ADF&G statistical IFQ halibut or IFQ sablefish to a per- area of harvest reported by the IFQ son who has not been issued a reg- cardholder, the product code landed istered buyer permit. and initial accurate scale weight made (B) Outside landing. A person holding at the time offloading commences for a valid IFQ permit, IFQ card, and reg- IFQ species sold and retained. istered buyer permit may conduct an (3) Shipment report—(i) Requirement. Each registered buyer, other than IFQ landing outside an IFQ regulatory those conducting dockside sales must: area or the State of Alaska to a person (A) Complete a written shipment re- who does not hold a registered buyer port for each shipment or transfer of permit. IFQ halibut and IFQ sablefish from (C) Landing report. The person mak- that registered buyer before the fish ing such an IFQ landing as described in leave the landing site. paragraph (l)(3)(iv)(A) or (B) of this (B) Assure that a shipment report is section must submit an IFQ landing re- submitted to, and received by, NMFS port in the manner prescribed in para- Enforcement, Juneau, by fax to (907) graph (l)(2) of this section before any 586–7313 or mail to P.O. Box 21767, Ju- fish are sold, transferred, or removed neau, AK 99802–1767, within 7 days of from the immediate vicinity of the ves- the date shipment commenced. sel with which they were harvested. (C) Assure that a copy of the ship- (4) Transshipment authorization. No ment report or a bill of lading con- person may transship processed IFQ taining the same information accom- halibut or IFQ sablefish between ves- panies the shipment of IFQ species sels without authorization by a clear- from the landing site to the first des- ing officer. Authorization from a clear- tination beyond the location of the IFQ ing officer must be obtained for each landing. instance of transshipment at least 24 (ii) Information required. A shipment hours before the transshipment is in- report must specify the following: Spe- tended to commence. Requests for au- cies and product type being shipped, thorization must specify the date and number of shipping units, fish product location of the transshipment. weight, names of the shipper and re- (5) Vessel clearance—(i) Applicability. ceiver, names and addresses of the con- The vessel operator who makes an IFQ signee and consignor, mode of trans- landing at any location other than in portation, and intended route. an IFQ regulatory area or in the State
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of Alaska must obtain prelanding writ- (iv) Permits and cards. A vessel oper- ten clearance of the vessel from a ator obtaining a vessel clearance must clearing officer and provide the weight have a registered buyer permit and one of IFQ halibut and IFQ sablefish on or more IFQ cardholders on board with board to the clearing officer. IFQ holdings equal to or greater than (ii) Responsibility. (A) A vessel oper- all IFQ halibut and IFQ sablefish on ator must land and report all IFQ spe- board. cies on board at the same time and (v) Inspection. A vessel for which a place as the first landing of any species vessel operator is seeking clearance is harvested during an IFQ fishing trip. subject to inspection of all fish, (B) A vessel operator having been logbooks, permits, and other docu- granted a vessel clearance must submit ments on board the vessel at the dis- an IFQ landing report, required under cretion of the clearing officer. this section, for all IFQ halibut, IFQ (vi) Primary ports. Unless specifically sablefish and products thereof that are authorized on a case-by-case basis, ves- on board the vessel at the first landing sel clearances will be issued only by of any fish from the vessel. clearing officers at the following pri- mary ports: (iii) Location of clearance—(A) State of Alaska. The vessel operator that ob- Port North latitude West longitude tains prelanding written clearance for Akutan ...... 54°08′05″ 165°46′20″ the vessel at a port in the State of Bellingham ...... 48°45′04″ 122°30′02″ Alaska must obtain that clearance Cordova ...... 60°33′00″ 145°45′00″ prior to departing the waters of the Craig ...... 55°28′30″ 133°09′00″ ° ′ ″ ° ′ ″ EEZ adjacent to the jurisdictional wa- Dutch Harbor/Un- 53 53 27 166 32 05 alaska. ters of the State of Alaska, the terri- Excursion Inlet ...... 58°25′00″ 135°26′30″ torial sea of the State of Alaska, or the Homer ...... 59°38′40″ 151°33′00″ internal waters of the State of Alaska. Ketchikan ...... 55°20′30″ 131°38′45″ King Cove ...... 55°03′20″ 162°19′00″ (B) State other than Alaska, Departure Kodiak ...... 57°47′20″ 152°24′10″ Report. (1) A vessel operator intending Pelican ...... 57°57′30″ 136°13′30″ ° ′ ″ ° ′ ″ to obtain a prelanding written clear- Petersburg ...... 56 48 10 132 58 00 St. Paul ...... 57°07′20″ 170°16′30″ ance for the vessel at a port in a state Sand Point ...... 55°20′15″ 160°30′00″ other than Alaska must first provide a Seward ...... 60°06′30″ 149°26′30″ departure report to NMFS Enforce- Sitka ...... 57°03′ 135°20′ Yakutat ...... 59°33′ 139°44′ ment, Juneau, prior to departing the waters of the EEZ adjacent to the ju- (6) Record retention. A copy of all re- risdictional waters of the State of ports and receipts required by this sec- Alaska, the territorial sea of the State tion must be retained by registered of Alaska, or the internal waters of the buyers and be made available for in- State of Alaska. spection by an authorized officer or a (2) Information required. The depar- clearing officer for a period of 3 years. ture report must include the weight of (m) Consolidated weekly ADF&G fish the IFQ halibut or IFQ sablefish on tickets from motherships—(1) Require- board and the intended date and time ment. In addition to requirements de- the vessel will obtain prelanding writ- scribed in paragraphs (a) and (b) of this ten clearance at that port in a state section, the operator of a mothership other than Alaska. must ensure that the combined catch (C) Foreign port other than Canada. A for each catcher vessel is summarized vessel operator who lands IFQ species at the end of each weekly reporting pe- in a foreign port must first obtain a riod by species on a minimum of one vessel clearance from a clearing officer ADF&G groundfish fish ticket when located at a primary port in the State the mothership receives any groundfish of Alaska as described in paragraph from a catcher vessel that is issued a (l)(5)(vi) of this section. Federal fisheries permit under §679.4. (D) Canadian ports. No person shall (An ADF&G fish ticket is further de- make an IFQ landing in Canada other scribed (see §679.3) at Alaska Adminis- than at the ports of Port Hardy, Prince trative Code, 5 AAC Chapter 39.130). Rupert, or Vancouver, British Colum- (2) Information required. (i) The oper- bia. ator of a mothership must ensure that
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the following information is imprinted ADF&G fish ticket for each catcher or written legibly on the consolidated vessel: weekly ADF&G fish ticket from the (A) Code. Species code for each spe- catcher vessel operator’s State of Alas- cies from Table 2 to this part, except ka, Commercial Fisheries Entry Com- species codes 144, 168, 169, or 171. mission (CFEC) permit card in order to (B) Statistical area. ADF&G 6-digit describe the CFEC permit holder: statistical area in which groundfish (A) Vessel name. Name of the catcher were harvested. If more than the al- vessel delivering the groundfish. lowed eight statistical areas per fish (B) Name. Name of CFEC permit hold- ticket is exceeded in a weekly report- er. If more than one operator is on the ing period, complete a second fish tick- same vessel during the same weekly re- et. These statistical areas are defined porting period, complete a fish ticket in a set of charts obtained at no charge for each operator. from Alaska Commercial Fisheries (C) Permit number. CFEC permit num- Management & Development Division, ber. Department of Fish and Game, 211 Mis- (D) ADF&G No. ADF&G catcher ves- sel number. sion Road, Kodiak, AK, 99615–6399. (ii) The operator of a mothership (C) Condition code. The product code must ensure that the following infor- from Table 1 to this part which de- mation is imprinted or written legibly scribes the condition of the fish re- on the consolidated weekly ADF&G ceived by the mothership from the fish ticket from the mothership’s CFEC catcher vessel. In most cases, this will processor plate card in order to de- be product code 1, whole fish. scribe the mothership: (D) Pounds. The landed weight of (A) Processor code. ADF&G processor each species to the nearest lb. code of mothership. (E) Permit holder’s signature. The sig- (B) Company. Identification of nature of the catcher vessel CFEC per- mothership. mit holder. (iii) The operator of a mothership (F) Fish received by. The signature of must record on the consolidated week- the mothership operator. ly ADF&G groundfish fish ticket the (3) Time limit and submittal. (i) The op- following information obtained from erator of a mothership must complete the catcher vessel operator: the consolidated weekly ADF&G (A) ADF&G No. The ADF&G number groundfish fish ticket for each catcher of the catcher vessel delivering fish to vessel by 1200 hours, A.l.t., on Tuesday the mothership, if the catcher vessel is following the end of the applicable different from the vessel identified in weekly reporting period. the CFEC permit card. (ii) The operator of a mothership (B) Date landed. The week-ending must submit the original consolidated date of the weekly reporting period weekly ADF&G groundfish fish tickets during which the mothership received (fax copy is not acceptable) to Alaska the groundfish from the catcher vessel. Commercial Fisheries Management & (C) Port of landing or vessel trans- Development Division, Department of shipped to. ‘‘FLD,’’ a code which means floating processor. Fish and Game, 211 Mission Road, Ko- (D) Type of gear used. Write in one of diak, AK, 99615–6399, within 30 days the following gear types used by the after landings are received. catcher vessel to harvest groundfish re- (n) Groundfish CDQ fisheries—(1) CDQ ceived: delivery report. The manager of each (1) Hook and line. shoreside processor and the manager or (2) Pot. operator of each buying station taking (3) Nonpelagic trawl. deliveries of CDQ or PSQ species from (4) Pelagic trawl. catcher vessels must submit the fol- (5) Jig/troll. lowing information on the CDQ deliv- (6) Other. ery report to NMFS within 24 hours of (iv) The operator of a mothership is each delivery of groundfish CDQ spe- responsible for ensuring that the fol- cies: lowing information is recorded on an (i) CDQ number.
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(ii) Name of the vessel delivering catch was delivered by a catcher vessel CDQ, writing ‘‘unnamed’’ if the vessel to a shoreside processor, buying sta- has no name. tion, or mothership, or within 7 days of (iii) ADF&G number of the vessel de- the date gear used to catch CDQ was livering CDQ. retrieved for catcher/processors. (iv) Federal fisheries permit number (i) For all CDQ catch reports. (A) CDQ of the vessel delivering CDQ, if applica- number. ble. (B) Name of vessel used to catch (v) Name of the processor taking de- CDQ, writing ‘‘unnamed’’ if the vessel livery of the CDQ. has no name. (vi) Federal processor permit number (C) Federal fisheries permit number of the processor taking delivery of the of the vessel used to catch CDQ. CDQ. (D) ADF&G number of the vessel used (vii) Gear used to catch CDQ. to catch CDQ. (viii) The CDQ delivery number, (E) Gear used to catch CDQ. which is a unique, sequential number (F) Reporting area where CDQ catch assigned by the catcher vessel operator was made. and recorded in the DCPL. (G) For vessels using trawl gear, (ix) Reporting area where CDQ catch whether the catch was from the CVOA was made. or COBLZ. (x) For catcher vessels using trawl (H) Species codes using codes in gear, whether the catch was from the Table 2 to this part. CVOA or from the COBLZ. (I) The CDQ representative’s printed (xi) Date the CDQ catch was deliv- name, signature, and date of signature. ered to the processor. (ii) For catcher vessels retaining all (xii) Species codes using codes in groundfish CDQ and delivering it to a Table 2 to this part. shoreside processing plant (Option 1 in (xiii) Product codes using the product the CDP). (A) Name of the processor codes listed in Table 1 to this part for taking delivery of the CDQ. groundfish and at § 679.42(c)(2)(iii) for (B) Federal processor permit number halibut, using product code 98 to des- of the processor taking delivery of the ignate at-sea discards reported by the CDQ. operator of an unobserved vessel. (C) Date CDQ catch was delivered. (xiv) Product weight to the nearest (D) The CDQ delivery number. 0.001 mt for groundfish CDQ and hal- (E) Product codes using the product ibut CDQ or PSQ, and the total number codes listed in Table 1 to this part for of salmon PSQ and crab PSQ delivered groundfish and at § 679.42(c)(2)(iii) for to the processor. The weight of halibut halibut, using product code 98 to des- CDQ, halibut PSQ, halibut IFQ, and sa- ignate at-sea discards reported by the blefish IFQ must be reported sepa- operator of an unobserved vessel. rately on the CDQ delivery report. In (F) Product weight to the nearest addition, PSQ delivered to the proc- 0.001 mt for groundfish CDQ and hal- essor must be reported separately from ibut CDQ or PSQ, and the total number PSQ discarded at sea by unobserved of salmon PSQ and crab PSQ. The catcher vessels. For catcher vessels weight of halibut and sablefish CDQ with a CDQ observer, do not report es- and IFQ, and the weight of halibut PSQ timates of at-sea discards on the CDQ must be reported separately. PSQ re- delivery report. ports must include all PSQ delivered to (xv) The printed name, signature, and the processor and all PSQ reported as date of signature for the vessel oper- discarded at sea by the vessel operator ator and the manager of the shoreside for unobserved vessels and by the CDQ processing plant or operator or the observer for vessels required to carry a buying station. CDQ observer. The CDQ catch report (2) CDQ catch report. The CDQ catch must identify whether sablefish CDQ report is required for all catch made by accrues against the fixed gear sablefish vessels groundfish CDQ fishing as de- CDQ reserve or the sablefish CDQ re- fined at § 679.2. The CDQ representative serve as defined at § 679.20(b)(1)(iii). must submit the following information (iii) For catcher/processors; catcher ves- to NMFS within 7 days of the date CDQ sels delivering to motherships; and catcher
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vessels using nontrawl gear discarding the Council, fishing for groundfish in a groundfish CDQ at sea and delivering to manner that would otherwise be pro- shoreside processing plants (Option 2 in hibited. No experimental fishing may the CDP). (A) Name, Federal fisheries be conducted unless authorized by an permit number, and ADF&G number of experimental fishing permit issued by the mothership, if applicable. the Regional Administrator to the par- (B) Name and Federal processor per- ticipating vessel owner in accordance mit of the shoreside processing plant, if with the criteria and procedures speci- applicable. fied in this section. Experimental fish- (C) The CDQ observer’s haul or set ing permits will be issued without number. charge and will expire at the end of a (D) Date gear retrieved by the catch- calendar year unless otherwise pro- er/processor, mothership, or catcher vided for under paragraph (e) of this vessel as determined by the CDQ ob- section. server. (b) Application. An applicant for an (E) The total weight to the nearest experimental fishing permit shall sub- 0.001 mt for groundfish CDQ and hal- mit to the Regional Administrator, at ibut PSQ, the product code and product least 60 days before the desired effec- weight for halibut CDQ, and the total tive date of the experimental fishing number of salmon PSQ and crab PSQ. permit, a written application includ- The weight of halibut CDQ and halibut ing, but not limited to, the following PSQ must be reported separately and information: the CDQ catch report must identify whether sablefish CDQ accrues against (1) The date of the application. the fixed gear sablefish CDQ reserve or (2) The applicant’s name, mailing ad- the sablefish CDQ reserve as defined at dress, and telephone number. § 679.20(b)(1)(iii). (3) A statement of the purpose and (3) Halibut CDQ. All halibut CDQ har- goal of the experiment for which an ex- vested by vessels while groundfish CDQ perimental fishing permit is needed, in- fishing as defined at § 679.2 must be re- cluding a general description of the ar- ported on the CDQ delivery report and rangements for disposition of all spe- on the CDQ catch report. cies harvested under the experimental fishing permit. [61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 61 FR 41525, Aug. 9, (4) Technical details about the exper- 1996; 61 FR 49981, Sept. 24, 1996; 62 FR 2045, iment, including: Jan. 15, 1997; 62 FR 17756, Apr. 11, 1997; 62 FR (i) Amounts of each species to be har- 19690, Apr. 23, 1997; 62 FR 26247, May 13, 1997; vested that are necessary to conduct 62 FR 26749, May 15, 1997; 63 FR 30399, June 4, the experiment, and arrangement for 1998; 63 FR 47356, Sept. 4, 1998] disposition of all species taken. EFFECTIVE DATE NOTE 1: At 63 FR 30399, (ii) Area and timing of the experi- June 4, 1998, § 679.5 was amended by adding ment. paragraph (n). This paragraph contains infor- mation collection and recordkeeping require- (iii) Vessel and gear to be used. ments and will not become effective until ap- (iv) Experimental design (e.g., sam- proval has been given by the Office of Man- pling procedures, the data and samples agement and Budget. to be collected, and analysis of the EFFECTIVE DATE NOTE 2: At 63 FR 47356, data and samples). Sept. 4, 1998, § 679.5 was amended by revising (v) Provision for public release of all paragraphs (a) through (l) and adding para- obtained information, and submission graph (m), effective Oct. 5, 1998, except para- of interim and final reports. graph (l)(2)(vi), which contains information (5) The willingness of the applicant collection and recordkeeping requirements and will not become effective until approval to carry observers, if required by the has been given by the Office of Management Regional Administrator, and a descrip- and Budget. tion of accommodations and work space for the observer(s). § 679.6 Experimental fisheries. (6) Details for all coordinating par- (a) General. For limited experimental ties engaged in the experiment and sig- purposes, the Regional Administrator natures of all representatives of all may authorize, after consulting with principal parties.
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(7) Information about each vessel to (d) Notifying the applicant. (1) The de- be covered by the experimental fishing cision of the Regional Administrator, permit, including: after consulting with the Council, to (i) Vessel name. grant or deny an experimental fishing (ii) Name, address, and telephone permit is the final action of the agen- number of owner and master. cy. The Regional Administrator shall (iii) USCG documentation, state li- notify the applicant in writing of the cense, or registration number. decision to grant or deny the experi- (iv) Home port. mental fishing permit and, if denied, (v) Length of vessel. the reasons for the denial, including: (vi) Net tonnage. (i) The applicant has failed to dis- (vii) Gross tonnage. close material information required, or has made false statements as to any (8) The signature of the applicant. material fact, in connection with the (9) The Regional Administrator may application. request from an applicant additional (ii) According to the best scientific information necessary to make the de- information available, the harvest to terminations required under this sec- be conducted under the permit would tion. Any application that does not in- detrimentally affect living marine re- clude all necessary information will be sources, including marine mammals considered incomplete. An incomplete application will not be considered to be and birds, and their habitat in a sig- complete until the necessary informa- nificant way. tion is provided in writing. An appli- (iii) Activities to be conducted under cant for an experimental fishing per- the experimental fishing permit would mit need not be the owner or operator be inconsistent with the intent of this of the vessel(s) for which the experi- section or the management objectives mental fishing permit is requested. of the FMP. (c) Review procedures. (1) The Re- (iv) The applicant has failed to dem- gional Administrator, in consultation onstrate a valid justification for the with the Alaska Fishery Science Cen- permit. ter, will review each application and (v) The activity proposed under the will make a preliminary determination experimental fishing permit could cre- whether the application contains all ate a significant enforcement problem. the information necessary to deter- (vi) The applicant failed to make mine if the proposal constitutes a valid available to the public information fishing experiment appropriate for fur- that had been obtained under a pre- ther consideration. If the Regional Ad- viously issued experimental fishing ministrator finds any application does permit. not warrant further consideration, the (vii) The proposed activity had eco- applicant will be notified in writing of nomic allocation as its sole purpose. the reasons for the decision. (2) In the event a permit is denied on (2) If the Regional Administrator de- the basis of incomplete information or termines any application is complete design flaws, the applicant will be pro- and warrants further consideration, he vided an opportunity to resubmit the or she will initiate consultation with application, unless a permit is denied the Council by forwarding the applica- because experimental fishing would tion to the Council. The Council’s Ex- detrimentally affect marine resources, ecutive Director shall notify the appli- be inconsistent with the management cant of a meeting at which the Council objectives of the FMP, create signifi- will consider the application and invite cant enforcement problems, or have the applicant to appear in support of economic allocation as its sole pur- the application, if the applicant de- pose. sires. If the Regional Administrator (e) Terms and conditions. The Regional initiates consultation with the Coun- Administrator may attach terms and cil, NMFS will publish notification of conditions to the experimental fishing receipt of the application in the FED- permit that are consistent with the ERAL REGISTER with a brief description purpose of the experiment, including, of the proposal. but not limited to:
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(1) The maximum amount of each Groundfish Observer Program as pro- species that can be harvested and land- vided by subpart E of this part. ed during the term of the experimental (4) Pollock roe. Retain pollock roe on fishing permit, including trip limita- board a vessel in violation of § 679.20(g). tions, where appropriate. (5) Prohibited species bycatch rate (2) The number, sizes, names, and standard. Exceed a bycatch rate stand- identification numbers of the vessels ard specified for a vessel under authorized to conduct fishing activities § 679.21(f). under the experimental fishing permit. (6) Gear. Deploy any trawl, longline, (3) The time(s) and place(s) where ex- single pot-and-line, or jig gear in an perimental fishing may be conducted. area when directed fishing for, or re- (4) The type, size, and amount of gear tention of, all groundfish by operators that may be used by each vessel oper- of vessels using that gear type is pro- ated under the experimental fishing hibited in that area, except that this permit. paragraph (a)(6) shall not prohibit: (5) The condition that observers be (i) Deployment of hook-and-line gear carried aboard vessels operated under by operators of vessels fishing for hal- an experimental fishing permit. ibut during seasons prescribed in the (6) Reasonable data reporting re- annual management measures pub- quirements. lished in the FEDERAL REGISTER pursu- (7) Such other conditions as may be ant to § 300.62 of chapter III of this necessary to assure compliance with title. the purposes of the experimental fish- (ii) Deployment of pot gear by opera- ing permit and consistency with the tors of vessels fishing for crab during FMP objectives. seasons governed by the State of Alas- (8) Provisions for public release of ka. data obtained under the experimental (iii) Deployment of jig gear by opera- fishing permit. tors of vessels fishing for salmon dur- (f) Effectiveness. Unless otherwise ing seasons governed by the State of specified in the experimental fishing Alaska. permit or superseding notification or (7) Inshore-offshore—(i) (Applicable regulation, an experimental fishing through December 31, 2004). Operate any permit is effective for no longer than 1 vessel in the BSAI in more than one of calendar year, but may be revoked, the two categories included in the defi- suspended, or modified during the cal- nition of ‘‘inshore component in the endar year. Experimental fishing per- BSAI,’’ in § 679.2, during any fishing mits may be renewed following the ap- year. plication procedures in paragraph (b) of (ii) (Applicable through December 31, this section. 2004). Operate any vessel in the BSAI under both the ‘‘inshore component in §679.7 Prohibitions. the BSAI’’ and the ‘‘offshore compo- In addition to the general prohibi- nent in the BSAI’’ definitions in § 679.2 tions specified in § 600.725 of this chap- during the same fishing year. ter, it is unlawful for any person to do (iii) (Applicable through December 31, any of the following: 2001). Operate any vessel in the BSAI (a) Groundfish of the GOA and BSAI— under both the ‘‘inshore component in (1) Federal fisheries permit. Fish for the GOA’’ and the ‘‘offshore component groundfish in the GOA or BSAI with a in the BSAI’’ or under both the ‘‘off- vessel of the United States that does shore component in the GOA’’ and the not have on board a valid Federal fish- ‘‘inshore component in the BSAI’’ defi- eries permit issued pursuant to § 679.4. nitions in § 679.2 during the same fish- (2) Inseason action or adjustment. Con- ing year. duct any fishing contrary to notifica- (iv) (Applicable through December 31, tion of inseason action or adjustment 2001). Operate any vessel in the GOA in issued under § 679.20, § 679.21, or § 679.25. more than one of the three categories (3) Groundfish Observer Program. Fish included in the definition of ‘‘inshore for or process groundfish except in component in the GOA,’’ in § 679.2, dur- compliance with the terms of the ing any fishing year.
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(v) (Applicable through December 31, groundfish product harvested or proc- 2001). Operate any vessel in the GOA essed by that vessel. under both the ‘‘inshore component in (12) Prohibited species donation pro- the GOA’’ and the ‘‘offshore component gram. Retain or possess prohibited spe- in the GOA’’ definitions in § 679.2 dur- cies, defined at § 679.21(b)(1), except as ing the same fishing year. permitted to do so under the PSD pro- (vi) (Applicable through December 31, gram as provided by § 679.26 of this 2001). Operate any vessel in the GOA part, or as authorized by other applica- under both the ‘‘inshore component in ble law. the GOA’’ and the ‘‘offshore component (13) Halibut. With respect to halibut in the BSAI’’ or under both the ‘‘off- caught with hook-and-line gear de- shore component in the GOA’’ and the ployed from a vessel fishing for ground- ‘‘inshore component in the BSAI’’ defi- fish, except for vessels fishing for hal- nitions in § 679.2 during the same fish- ibut as prescribed in the annual man- ing year. agement measures published in the (vii) (Applicable through December 31, FEDERAL REGISTER pursuant to § 300.62 2001). Operate any vessel that processes of chapter III of this title: pollock or Pacific cod, harvested in a (i) Fail to release the halibut out- directed fishery for those species, at a board a vessel’s rails. single location in Alaska State waters (ii) Release the halibut by any meth- under the ‘‘inshore component in the od other than—(A) Cutting the BSAI’’ and the ‘‘inshore component in gangion. the GOA’’ definitions in § 679.2 during (B) Positioning the gaff on the hook the same fishing year. and twisting the hook from the hal- (8) Fishing in Donut Hole. Except as ibut. authorized by permit issued pursuant (C) Straightening the hook by using to the section of the Donut Hole Con- the gaff to catch the bend of the hook vention implementing legislation au- and bracing the gaff against the vessel thorizing NMFS to issue Donut Hole or any gear attached to the vessel. fishing permits (Public Law 104–43, sec- (iii) Puncture the halibut with a gaff tion 104(d)), it is unlawful for any per- or other device. son to: (iv) Allow the halibut to contact the (i) Fish in the Donut Hole from a ves- vessel, if such contact causes, or is ca- sel for which a Federal fisheries permit pable of causing, the halibut to be has been issued pursuant to § 679.4 dur- stripped from the hook. ing the year for which the permit was (14) Trawl performance standard. Use a issued. vessel to participate in a directed fish- (ii) Possess within the EEZ fish har- ery for pollock with trawl gear and vested from the Donut Hole on board a have on board the vessel, at any par- vessel for which a Federal fisheries per- ticular time, 20 or more crab of any mit has been issued pursuant to § 679.4 species that have a width of more than during the year for which the permit 1.5 inches (38 mm) at the widest dimen- was issued. sion when directed fishing for pollock (9) Authorized fishing gear. Retain with nonpelagic trawl gear is closed. groundfish taken with other than au- (15) Federal Processor Permit. Receive thorized fishing gear as defined in or process groundfish harvested in the § 679.2, except that groundfish inciden- GOA or BSAI by a shoreside processor tally taken by pot gear by a vessel or vessel of the United States oper- while participating in an open crab sea- ating solely as a mothership in Alaska son governed by the State of Alaska State waters that does not have on site may be retained for use as unprocessed a valid Federal processor permit issued bait on board that vessel. pursuant to § 679.4(f). (10) Recordkeeping and reporting. Fail (16) Retention of groundfish bycatch to comply with or fail to ensure com- species. Exceed the maximum pliance with requirements in § 679.5. retainable groundfish bycatch amount (11) Tender vessel. Use a catcher vessel established under § 679.20(e). or catcher/processor as a tender vessel (b) Prohibitions specific to GOA. Use before offloading all groundfish or any gear other than non-trawl gear in
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the GOA east of 140° W. long. (South- (10) For the operator of an eligible east Outside District). vessel listed on an approved CDP, use (c) Prohibitions specific to BSAI. (1) In- trawl gear to harvest groundfish CDQ cidental salmon. Discard any salmon in the Chum Salmon Savings Area be- taken incidental to a directed fishery tween September 1 and October 14 after for BSAI groundfish by vessels using the CDQ group’s non-chinook salmon trawl gear until notified by an observer PSQ is attained. that the number of salmon has been de- (11) For the operator of a catcher ves- termined and the collection of any sci- sel using trawl gear or any vessel less entific data or biological samples has than 60 ft (18.3 m) LOA that is ground- been completed as provided in fish CDQ fishing as defined at § 679.2, § 679.21(c)(1). discard any groundfish CDQ species or (2) Prohibited species. Conduct any salmon PSQ before it is delivered to an fishing contrary to a notification eligible processor listed on an approved issued under § 679.21. CDP. (d) CDQ. (1) Participate in a Western (12) For the operator of a vessel using Alaska CDQ program in violation of trawl gear, release CDQ catch from the this part. codend before it is brought on board (2) Fail to submit, submit inaccurate the vessel and weighed on a scale ap- information on, or intentionally sub- proved by NMFS under § 679.28(b) or de- mit false information on any report, livered to a processor. This includes, application, or statement required but is not limited to, ‘‘codend dump- under this part. ing’’ and ‘‘codend bleeding.’’ (13) For the operator of a catcher ves- (3) Participate as a community in sel, catch, retain on board, or deliver more than one CDP, unless the second groundfish CDQ species together with CDP is for vessels fishing halibut CDQ moratorium groundfish species. only. (14) For the operator of a catcher/ (4) Harvest groundfish CDQ on behalf processor, catch groundfish CDQ spe- of a CDQ group with a vessel that is cies together with moratorium ground- not listed as an eligible vessel on an fish species in the same haul, set, or approved CDP for that CDQ group. pot. (5) For a CDQ group, exceed a CDQ, (15) For the operator of a catcher/ halibut PSQ, or crab PSQ. processor or a catcher vessel required (6) For the operator of an eligible to carry a CDQ observer, combine vessel listed on an approved CDP, use catch from two or more CDQ groups in trawl gear to harvest groundfish CDQ the same haul or set. in Zone 1 after the CDQ group’s red (16) Use any groundfish CDQ species king crab PSQ or C. bairdi Tanner crab as a basis species for calculating PSQ in Zone 1 is attained. retainable bycatch amounts under (7) For the operator of an eligible § 679.20. vessel listed on an approved CDP, use (17) For the operator of a catcher/ trawl gear to harvest groundfish CDQ processor using trawl gear or a in Zone 2 after the CDQ group’s PSQ mothership, harvest or take deliveries for C. bairdi Tanner crab in Zone 2 is of CDQ or PSQ species without a valid attained. scale inspection report signed by an au- (8) For the operator of an eligible thorized scale inspector under vessel listed on an approved CDP, use § 679.28(b)(2) on board the vessel. trawl gear to harvest groundfish CDQ (18) For the operator of a vessel re- in the C. opilio Bycatch Limitation quired to have an observer sampling Zone after the CDQ group’s PSQ for C. station described at § 679.28(d), harvest opilio Tanner crab is attained. or take deliveries of CDQ or PSQ spe- (9) For the operator of an eligible cies without a valid observer sampling vessel listed on an approved CDP, use station inspection report issued by trawl gear to harvest groundfish CDQ NMFS under § 679.28(d)(8) on board the in the Chinook Salmon Savings Area vessel. between January 1 and April 15 after (19) For the operator of a catcher/ the CDQ group’s chinook salmon PSQ processor using trawl gear or a is attained. mothership, sort, process, or discard
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CDQ or PSQ species before the total (6) Catch and retain moratorium crab catch is weighed on a scale that meets species or conduct directed fishing for the requirements of § 679.28(b), includ- any moratorium groundfish species ing the daily test requirements de- with a vessel that does not have a valid scribed at § 679.28(b)(3). moratorium permit on board, unless (20) For the manager of a shoreside the vessel is lawfully conducting di- processor or the manager or operator rected fishing for sablefish under sub- of a buying station that is required parts C and D of this part. elsewhere in this part to weigh catch (f) IFQ fisheries. (1) Fail to submit, or on a scale approved by the State of submit inaccurate information on, any Alaska under § 679.28(c), fail to weigh report, application, or statement re- catch on a scale that meets the re- quired under this part. quirements of § 679.28(c). (2) Intentionally submit false infor- (21) For a CDQ representative, use mation on any report, application, or methods other than those approved in statement required under this part. the CDP to determine the catch of CDQ (3)(i) Halibut. Retain halibut caught and PSQ reported to NMFS on the CDQ with fixed gear without a valid IFQ or catch report. CDQ permit and without an IFQ or (22) For a CDQ group, report catch of CDQ card in the name of an individual sablefish CDQ for accrual against the aboard. fixed gear sablefish CDQ reserve if that (ii) Sablefish. Retain sablefish caught sablefish CDQ was caught with fishing with fixed gear without a valid IFQ gear other than fixed gear. permit and without an IFQ card in the (23) For any person on a vessel using name of an individual aboard, except as fixed gear that is fishing for a CDQ provided under an approved CDP. group with an allocation of fixed gear (4) Except as provided in § 679.5(l)(3), sablefish CDQ, discard sablefish har- retain IFQ halibut or IFQ sablefish on vested with fixed gear. a vessel in excess of the total amount (24) For a CDQ group, fail to ensure of unharvested IFQ, applicable to the that all vessels and processors listed as vessel category and IFQ regulatory eligible on the CDQ group’s approved area in which the vessel is deploying CDP comply with all regulations in fixed gear, and that is currently held this part while fishing for CDQ. by all IFQ card holders aboard the ves- (25) Fail to comply with the require- sel, unless the vessel has an observer ments of a CDP. aboard under subpart E of this part and (e) Moratorium on entry. (1) Submit maintains the applicable daily fishing false or inaccurate information on a log prescribed in the annual manage- moratorium permit application or ap- ment measures published in the FED- plication to transfer moratorium quali- ERAL REGISTER pursuant to § 300.62 of fication. chapter III of this title and § 679.5. (2) Alter, erase, or mutilate any mor- (5) Possess, buy, sell, or transport atorium permit. IFQ or CDQ halibut or IFQ sablefish (3) Catch and retain a moratorium harvested or landed in violation of any species with a vessel that has a LOA provision of this part. greater than the maximum LOA for the (6) Make an IFQ halibut, IFQ sable- vessel. fish, or CDQ halibut landing without (4) Catch and retain a moratorium an IFQ or CDQ card in the name of the species with a vessel that has received individual making the landing. an unauthorized transfer of morato- (7) Possess on a vessel or land IFQ sa- rium qualification. blefish concurrently with non-IFQ sa- (5) Catch and retain moratorium crab blefish, except that CDQ sablefish may species or conduct directed fishing for be possessed on a vessel and landed any moratorium groundfish species concurrently with IFQ sablefish. with a vessel that has not been issued (8) Discard Pacific cod or rockfish a valid moratorium permit, unless the that are taken when IFQ halibut or vessel is lawfully conducting directed IFQ sablefish are on board, unless Pa- fishing for sablefish under subparts C cific cod or rockfish are required to be and D of this part. discarded under § 679.20 or unless, in
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waters within the State of Alaska, Pa- (4) Prohibit or bar by command, im- cific cod or rockfish are required to be pediment, threat, coercion, or by re- discarded by laws of the State of Alas- fusal of reasonable assistance, an ob- ka. server from collecting samples, con- (9) Harvest on any vessel more IFQ ducting product recovery rate deter- halibut or IFQ sablefish than are au- minations, making observations, or thorized under § 679.42. otherwise performing the observer’s (10) Make an IFQ halibut, IFQ sable- duties. fish, or CDQ halibut landing other than (5) Harass an observer by conduct directly to (or by) a registered buyer. that has sexual connotations, has the (11) Discard halibut or sablefish purpose or effect of interfering with caught with fixed gear from any catch- the observer’s work performance, or er vessel when any IFQ card holder otherwise creates an intimidating, hos- aboard holds unused halibut or sable- tile, or offensive environment. In de- fish IFQ for that vessel category and termining whether conduct constitutes the IFQ regulatory area in which the harassment, the totality of the cir- vessel is operating, unless: cumstances, including the nature of (i) Discard of halibut is required as the conduct and the context in which it prescribed in the annual management occurred, will be considered. The deter- measures published in the FEDERAL mination of the legality of a particular REGISTER pursuant to § 300.62 of chapter action will be made from the facts on a III of this title; case-by-case basis. (ii) Discard of sablefish is required (6) Fish for or process fish without under § 679.20 or, in waters within the observer coverage required under sub- State of Alaska, discard of sablefish is part E of this part. required under laws of the State of (7) Require, pressure, coerce, or Alaska; or threaten an observer to perform duties (iii) Discard of halibut or sablefish is normally performed by crew members, required under other provisions. including, but not limited to, cooking, (12) Make an IFQ landing without washing dishes, standing watch, vessel prior notice of landing and before 6 maintenance, assisting with the set- hours after such notice, except as pro- ting or retrieval of gear, or any duties vided in § 679.5. associated with the processing of fish, (13) Possess processed and unproc- from sorting the catch to the storage essed IFQ species on board a vessel dur- of the finished product. ing the same trip except when fishing (h) High Seas Salmon Fisheries. (1) exclusively with IFQ derived from ves- Fish for, take, or retain any salmon in sel category A QS; violation of the North Pacific Fisheries (14) Violate any other provision Act of 1954, 16 U.S.C. 1021–1035 or this under subpart D of this part. part. (15) Process fish on board a vessel on (2) Engage in fishing for salmon in which a person aboard has unused IFQ the High Seas Salmon Management derived from QS issued to vessel cat- Area except to the extent authorized egories B, C, or D, except as provided in by § 679.4(h). § 679.42(k) of this part; (i) License Limitation Program—(1) (g) Groundfish Observer Program. (1) Number of licenses. (i) Hold more than 10 Forcibly assault, resist, oppose, im- groundfish licenses in the name of that pede, intimidate, sexually harass, person at any time, except as provided bribe, or interfere with an observer. in paragraph (i)(1)(iii) of this section; (2) Interfere with or bias the sam- (ii) Hold more than five crab species pling procedure employed by an ob- licenses in the name of that person at server, including physical, mechanical, any time, except as provided in para- or other sorting or discarding of catch graph (i)(1)(iii) of this section; or before sampling. (iii) Hold more licenses than allowed (3) Tamper with, destroy, or discard in paragraphs (i)(1)(i) and (i)(1)(ii) of an observer’s collected samples, equip- this section unless those licenses were ment, records, photographic film, pa- issued to that person in the initial dis- pers, or personal effects without the tribution of licenses. Any person who express consent of the observer. receives in the initial distribution
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more licenses than allowed in para- in effect from Jan. 20, 1999 through Dec. 31, graphs (i)(1)(i) and (i)(1)(ii) of this sec- 1999 is set forth as follows: tion shall have no transfer applications for receipt of additional licenses ap- § 679.7 Prohibitions. proved until the number of licenses in the name of that person is less than * * * * * the numbers specified in paragraphs (i) Prohibitions specific to the GOA (ap- (i)(1)(i) and (i)(1)(ii) of this section; fur- plicable through July 19, 1999)—(1) South- thermore, when a person becomes eligi- east Outside trawl closure (applicable ble to receive licenses by transfer through July 19, 1999). Use any gear through the provisions of this para- other than non-trawl gear in the GOA graph, that person is subject to the east of 140° W long. provisions in paragraphs (i)(1)(i) and (2) Western/Central GOA Pollock trip (i)(1)(ii) of this section; limit (applicable through July 19, 1999). (2) Conduct directed fishing for li- Retain on board a catcher vessel at any cense limitation groundfish without an time, more than 136 mt of unprocessed original valid groundfish license, ex- pollock, or retain on board a tender cept as provided in § 679.4(k)(2); vessel at any time, more than 272 mt of (3) Conduct directed fishing for crab unprocessed pollock, harvested in the species without an original valid crab Western or Central Areas of the GOA. species license, except as provided in § 679.4(i)(2); * * * * * (4) Process license limitation ground- fish on board a vessel without an origi- § 679.8 Facilitation of enforcement. nal valid groundfish license with a See § 600.740 of this chapter. Catcher/processor designation; (5) Process crab species on board a § 679.9 Penalties. vessel without an original valid crab See § 600.735 of this chapter. species license with a Catcher/proc- essor designation; (6) Use a license on a vessel that has Subpart B—Management an LOA that exceeds the MLOA speci- Measures fied on the license; § 679.20 General limitations. (7) Lease a groundfish or crab species license. This section applies to vessels en- gaged in directed fishing for groundfish [61 FR 31230, June 19, 1996, as amended at 61 in the GOA and BSAI. FR 33385, June 27, 1996; 61 FR 35578 July 5, (a) Harvest limits—(1) OY. The OY for 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, July 24, 1996; 61 FR 41525, Aug. 9, 1996; 61 FR BSAI and GOA target species and the 56431, Nov. 1, 1996; 61 FR 65987, Dec. 16, 1996; ‘‘other species’’ category is a range 62 FR 2046, Jan. 15, 1997; 62 FR 19690, Apr. 23, that can be harvested consistently 1997; 62 FR 67760, Dec. 30, 1997; 63 FR 8360, with this part, plus the amounts of Feb. 19, 1998; 63 FR 30400, June 4, 1998; 63 FR ‘‘nonspecified species’’ taken inciden- 32145, June 12, 1998; 63 FR 38502, July 17, 1998; tally to the harvest of target species 63 FR 47367, Sept. 4, 1998; 63 FR 52657, Oct. 1, and the ‘‘other species’’ category. The 1998; 63 FR 54753, Oct. 13, 1998; 63 FR 64879, species categories are defined in Table Nov. 24, 1998; 64 FR 3657, Jan. 25, 1999; 64 FR 3882, Jan. 26, 1999; 64 FR 20213, Apr. 26, 1999] 1 of the specifications as provided in paragraph (c) of this section. EFFECTIVE DATE NOTE 1: At 63 FR 52657, (i) BSAI. The OY for groundfish in Oct. 1, 1998, § 679.7 was amended by adding the BSAI regulated by this section and paragraph (j), effective Jan. 1, 2000. At 63 FR by part 600 of this chapter is 1.4 to 2.0 54753, Oct. 13, 1998, paragraph (j) was cor- rectly designated as paragraph (i). million mt. (ii) GOA. The OY for groundfish in EFFECTIVE DATE NOTE 2: At 64 FR 3442, Jan. the GOA regulated by this section and 22, 1999, § 679.7, was amended by suspending by part 600 of this chapter is 116,000 to paragraph (b) and adding paragraph (i), effec- tive Jan. 20, 1999, through July 19, 1999. At 64 800,000 mt. FR 39087, July 21, 1999, the effective date was (2) TAC. NMFS, after consultation extended from July 19, 1999, through Dec. 31, with the Council, will specify and ap- 1999. For the convenience of the user the text portion the annual TAC and reserves
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for each calendar year among the GOA (ii) GOA Central and Western Areas— and BSAI target species and the ‘‘other (A) Hook-and-line gear. Vessels in the species’’ categories. TACs in the target Central and Western Areas of the GOA species category may be split or com- using hook-and-line gear will be allo- bined for purposes of establishing new cated 80 percent of the sablefish TAC in TACs with apportionments thereof each of the Central and Western areas. under paragraph (c) of this section. The (B) Trawl gear. Vessels using trawl sum of the TACs so specified must be gear will be allocated 20 percent of the within the OY range specified in para- sablefish TAC in these areas. graph (a)(1) of this section. (iii) Bering Sea subarea—(A) Hook- (3) Annual TAC determination. The an- and-line or pot gear. Vessels in the Ber- nual determinations of TAC for each ing Sea subarea using hook-and-line or target species and the ‘‘other species’’ pot gear will be allocated 50 percent of category, and the reapportionment of each TAC for sablefish. reserves may be adjusted, based upon a (B) Trawl gear. Vessels in the Bering review of the following: Sea subarea using trawl gear will be al- (i) Biological condition of groundfish located 50 percent of each TAC for sa- stocks. Resource assessment documents blefish. prepared annually for the Council that (iv) Aleutian Islands subarea—(A) provide information on historical catch Hook-and-line or pot gear. Vessels in the trend; updated estimates of the MSY of Aleutian Islands subarea using hook- the groundfish complex and its compo- and-line or pot gear will be allocated 75 percent of each TAC for sablefish. nent species groups; assessments of the (B) Trawl gear. Vessels in the Aleu- stock condition of each target species tian Islands subarea using trawl gear and the ‘‘other species’’ category; as- will be allocated 25 percent of each sessments of the multispecies and eco- TAC for sablefish. system impacts of harvesting the (5) Pollock TAC—(i) BSAI—(A) Sea- groundfish complex at current levels, sonal allowances. The TAC of pollock in given the assessed condition of stocks, each subarea or district of the BSAI including consideration of rebuilding will be divided, after subtraction of re- depressed stocks; and alternative har- serves, into two allowances. The first vesting strategies and related effects allowance will be available for directed on the component species group. fishing from 0001 hours Alaska local (ii) Socioeconomic considerations. So- time (A.l.t.) January 1 through 1200 cioeconomic considerations that are hours, A.l.t. , April 15. The second al- consistent with the goals of the fishery lowance will be available for directed management plans for the groundfish fishing from 1200 hours, A.l.t., Sep- fisheries of the BSAI and the GOA, in- tember 1 through 1200 hours A.l.t., No- cluding the need to promote efficiency vember 1, of each fishing year. Within in the utilization of fishery resources, any fishing year, unharvested amounts including minimizing costs; the need to of the first allowance will be added to manage for the optimum marketable the second allowance, and harvests in size of a species; the impact of ground- excess of the first allowance will be de- fish harvests on prohibited species and ducted from the second allowance. the domestic target fisheries that uti- (B) Apportionment to vessels using non- lize these species; the desire to enhance pelagic trawl gear— (1) General. NMFS, depleted stocks; the seasonal access to in consultation with the Council, may the groundfish fishery by domestic limit the amount of pollock TAC that fishing vessels; the commercial impor- may be taken in the directed fishery tance of a fishery to local commu- for pollock using nonpelagic trawl nities; the importance of a fishery to gear. subsistence users; and the need to pro- (2) Factors to be considered. The Re- mote utilization of certain species. gional Administrator must consider (4) Sablefish TAC—(i) GOA Eastern the following information when lim- Area. Vessels in the Eastern Area of iting the amount of pollock TAC that the GOA using trawl gear will be allo- is apportioned to the directed fishery cated 5 percent of the sablefish TAC for for pollock using nonpelagic trawl bycatch in other trawl fisheries. gear:
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(i) The PSC limits and PSC bycatch cidental to directed fishing for other allowances established under § 679.21. groundfish species. (ii) The projected bycatch of prohib- (iii) GOA Pacific cod (applicable ited species that would occur with and through December 31, 2001). The appor- without a limit in the amount of pol- tionment of Pacific cod in all GOA reg- lock TAC that may be taken in the di- ulatory areas will be allocated 90 per- rected fishery for pollock using non- cent to vessels catching Pacific cod for pelagic trawl gear. processing by the inshore component in (iii) The cost of a limit in terms of the GOA and 10 percent to vessels amounts of pollock TAC that may be catching Pacific cod for processing by taken with nonpelagic trawl gear on the offshore component in the GOA. the nonpelagic and pelagic trawl fish- (7) Pacific cod TAC, BSAI—(i) TAC by eries. gear. (A) The BSAI TAC of Pacific cod, (iv) Other factors pertaining to con- after subtraction of reserves, will be al- sistency with the goals and objectives located 2 percent to vessels using jig of the FMP. gear, 51 percent to vessels using hook- (3) Notification. NMFS will publish and-line or pot gear, and 47 percent to proposed and final apportionment of vessels using trawl gear. pollock TAC to the directed fishery for (B) The portion of Pacific cod TAC pollock using nonpelagic trawl gear in allocated to trawl gear under para- the FEDERAL REGISTER with notifica- graph (a)(7)(i)(A) of this section will be tion of proposed and final specifica- further allocated 50 percent to catcher tions defined in § 679.20. vessels and 50 percent to catcher/proc- (ii) GOA—(A) Apportionment by area. essors as defined for the purposes of The TAC for pollock in the combined recordkeeping and reporting at § 679.2. GOA Western and Central Regulatory (C) The Regional Administrator may Areas will be apportioned among sta- establish separate directed fishing al- tistical areas 610, 620, and 630 in propor- lowances and prohibitions authorized tion to the distribution of the pollock under paragraph (d) of this section for biomass as determined by the most re- vessels harvesting Pacific cod using jig cent NMFS surveys. gear, hook-and-line or pot gear, or (B) Seasonal allowances. Each appor- trawl gear. tionment will be divided into three sea- (ii) Unused gear allocations—(A) Re- sonal allowances of 25 percent, 35 per- allocation within the trawl sector. If, dur- cent, and 40 percent of the apportion- ing a fishing year, the Regional Admin- ment, respectively, corresponding to istrator determines that either trawl the three fishing seasons defined at catcher vessels or trawl catcher/proc- § 679.23(d)(2). essors will not be able to harvest the (6) Inshore-offshore apportionments—(i) entire amount of Pacific cod in the BSAI pollock (applicable through Decem- BSAI allocated to those vessels under ber 31, 2004). The apportionment of pol- paragraph (a)(7)(i) or (a)(7)(ii)(B) of this lock in each BSAI subarea or district section, NMFS will first make the pro- and season between the inshore compo- jected unused amount of Pacific cod nent in the BSAI and the offshore com- available to the other trawl vessel sec- ponent in the BSAI will be the same as tor before any reallocation to vessels that specified in section 206(b) of the using other gear types. American Fisheries Act. (B) Reallocation between gear types. If, (ii) GOA pollock (applicable through during a fishing year, the Regional Ad- December 31, 2001). The apportionment ministrator determines that vessels of pollock in all GOA regulatory areas using trawl gear or hook-and-line or and for each season allowance de- pot gear will not be able to harvest the scribed in paragraph (a)(5)(ii) of this entire amount of Pacific cod in the section will be allocated entirely to BSAI allocated to those vessels under vessels catching pollock for processing paragraphs (a)(7)(i) or (a)(7)(iii) of this by the inshore component in the GOA section, NMFS may reallocate the pro- after subtraction of an amount that is jected unused amount of Pacific cod to projected by the Regional Adminis- vessels harvesting Pacific cod using the trator to be caught by, or delivered to, other gear type(s) through notification the offshore component in the GOA in- in the FEDERAL REGISTER.
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(iii) Reallocation of TAC specified for mains unharvested at the end of the jig gear. On September 15 of each year, fishing year. the Regional Administrator will reallo- (ii) Other gears. The remainder of the cate any projected unused amount of Atka mackerel TAC, after subtraction Pacific cod in the BSAI allocated to of the jig gear allocation and reserves, vessels using jig gear to vessels using will be allocated to vessels using other hook-and-line or pot gear through noti- authorized gear types. fication in the FEDERAL REGISTER. (A) Seasonal allowances. The Atka (iv) Seasonal allowances—(A) Time pe- mackerel TAC specified for each sub- riods. NMFS, after consultation with area or district of the BSAI will be di- the Council, may divide the TAC allo- vided equally, after subtraction of the cated to vessels using hook-and-line or jig gear allocation and reserves, into pot gear under paragraph (a)(7)(i) of two seasonal allowances corresponding this section among the following three to the A and B seasons defined at periods: January 1 through April 30, § 679.23(e)(3). May 1 through August 31, and Sep- (B) Overages and underages. Within tember 1 through December 31. any fishing year, unharvested amounts (B) Factors to be considered. NMFS of the A season allowance will be added will base any seasonal allowance of the to the B season allowance and harvests Pacific cod allocation to vessels using in excess of the A season allowance will hook-and-line and pot gear on the fol- be deducted from the B season allow- lowing information: ance. (1) Seasonal distribution of Pacific (9) BSAI shortraker rockfish and cod relative to prohibited species dis- rougheye rockfish. After subtraction of tribution. reserves, the TAC of shortraker rock- (2) Variations in prohibited species fish and rougheye rockfish specified for bycatch rates in the Pacific cod fish- the Aleutian Islands subarea will be al- eries throughout the fishing year. located 30 percent to vessels using non- (3) Economic effects of any seasonal trawl gear and 70 percent to vessels allowance of Pacific cod on the hook- using trawl gear. and-line and pot-gear fisheries. (10) All other groundfish TAC. The ini- (C) Unused seasonal allowances. Any tial TAC for each target species and unused portion of a seasonal allowance the ‘‘other species’’ category will be 85 of Pacific cod allocated to vessels using percent of the TAC as provided under hook-and-line or pot gear will be re- paragraph (b) of this section. allocated to the remaining seasons dur- (b) Reserves—(1) BSAI—(i) General. ing the current fishing year in a man- Fifteen percent of the BSAI TAC for ner determined by NMFS, after con- each target species and the ‘‘other spe- sultation with the Council. cies’’ category, except the hook-and- (8) BSAI Atka mackerel—(i) Jig gear. line and pot gear allocation for sable- Vessels using jig gear will be allocated fish, is automatically placed in a re- up to 2 percent of the TAC of Atka serve, and the remaining 85 percent of mackerel specified for the Eastern the TAC is apportioned for each target Aleutian Islands District and Bering species and the ‘‘other species’’ cat- Sea subarea, after subtraction of re- egory, except the hook-and-line and serves, based on the following criteria: pot gear allocation for sablefish. (A) The amount of Atka mackerel (ii) Nonspecified reserve. The reserve is harvested by vessels using jig gear dur- not designated by species or species ing recent fishing years; group, and any amount of the reserve (B) The anticipated harvest of Atka may be apportioned to a target species, mackerel by vessels using jig gear dur- except the hook-and-line gear and pot ing the upcoming fishing year; and gear allocation for sablefish, or the (C) The extent to which the jig-gear ‘‘other species’’ category, provided that allocation will support the develop- such apportionments are consistent ment of a jig-gear fishery for Atka with paragraph (a)(3) of this section mackerel while minimizing the amount and do not result in overfishing of a of Atka mackerel TAC annually allo- target species or the ‘‘other species’’ cated to vessels using jig gear that re- category.
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(iii) CDQ reserve—(A) Groundfish CDQ 20 percent of the TACs for these species reserve. Except as limited by § 679.31(a) or species groups. of this part, one half of the nonspeci- (i) Pollock inshore-offshore reapportion- fied reserve established by paragraph ment (applicable through December 31, (b)(1)(i) of this section is apportioned 2001). Any amounts of the GOA reserve to the groundfish CDQ reserve. that are reapportioned to pollock as (B) Fixed gear sablefish CDQ reserves. provided by this paragraph (b) must be Twenty percent of the fixed gear allo- apportioned between the inshore com- cation of sablefish established by para- ponent in the GOA and the offshore graph (a)(4)(iii) of this section for each component in the GOA in the same pro- subarea or district of the BSAI is ap- portion specified in paragraph (a)(6)(ii) portioned to a CDQ reserve for each of this section. subarea or district. (ii) Pacific cod inshore-offshore re- (C) Apportionment of groundfish CDQ apportionment (applicable through De- reserve by TAC category. (1) Except for cember 31, 2001). Any amounts of the the fixed gear sablefish CDQ reserves, GOA reserve that are reapportioned to the groundfish CDQ reserve is appor- Pacific cod as provided by this para- tioned among TAC categories in graph (b) must be apportioned between amounts equal to 7.5 percent of each the inshore component in the GOA and TAC category for which a reserve is es- the offshore component in the GOA in tablished. the same proportion specified in para- (2) If the final harvest specifications graph (a)(6)(iii) of the section. required by paragraph (c) of this sec- (3) Apportionment of reserves. (i) Notifi- tion change the groundfish species cation. (A) As soon as practicable after comprising a species category or April 1, June 1, and August 1, and on change a TAC by combining manage- such other dates as NMFS determines ment areas or splitting a TAC into two appropriate, NMFS will, by notifica- or more TACs by management area, tion in the FEDERAL REGISTER, appor- then any CDQ allocations based on tion all or part of the BSAI or GOA re- those TACs change proportionally. serve in accordance with this para- (iv) Inshore/offshore reapportionment graph (b). (Applicable through December 31, 1998). (B) No apportionment, retention, or Any amounts of the BSAI nonspecific PSC limit adjustment may take effect reserve that are reapportioned to pol- until notification has been published in lock as provided by this paragraph (b) the FEDERAL REGISTER with a state- must be apportioned between inshore ment of the findings upon which the and offshore components in the same apportionment, retention, or adjust- proportion specified in paragraph ment is based. (a)(6)(i) of this section. (ii) Apportionment—(A) General. Ex- (v) Pacific cod (Applicable through De- cept as provided in paragraph cember 31, 1996). Any amounts of the (b)(3)(ii)(B) of this section, NMFS will BSAI nonspecific reserve that are ap- apportion the amount of BSAI or GOA portioned to Pacific cod as provided by reserve that will be harvested by U.S. this paragraph (b) must be apportioned vessels during the remainder of the between vessels using jig, hook-and- year. line or pot, and trawl gear in the same (B) Exception. Part or all of the BSAI proportion specified in paragraph or GOA reserve may be withheld if an (a)(7)(i) of this section, unless the Re- apportionment would adversely affect gional Administrator determines under the conservation of groundfish re- paragraph (a)(7) (ii) or (iii) of this sec- sources or prohibited species. tion that vessels using a certain gear (iii) Public comment—(A) Prior com- type will not be able to harvest the ad- ment. NMFS will provide all interested ditional amount of Pacific cod. In this persons an opportunity to comment on case, the nonspecific reserve will be ap- the proposed apportionments, reten- portioned to vessels using the other tions, or PSC limit adjustments under gear type(s). this paragraph (b) before such appor- (2) GOA. Initial reserves are estab- tionments, retentions, or adjustments lished for pollock, Pacific cod, flatfish, are made, unless NMFS finds that and ‘‘other species,’’ which are equal to there is good cause for not providing a
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prior comment opportunity, and pub- (ii) GOA. The GOA proposed speci- lishes the reasons therefor in the noti- fications will specify annual TAC fication of apportionment, retention, amounts for each target species and or adjustment. the ‘‘other species’’ category and ap- (B) Submittal dates. Comments pro- portionments thereof established under vided for in this paragraph (b)(3)(iii) § 679.20(a)(2), halibut prohibited species must be received by NMFS not later catch amounts established under than 5 days before April 1, June 1, and § 679.21, seasonal allowances of pollock, August 1, or other dates that may be and inshore/offshore Pacific cod. specified. (iii) BSAI. The BSAI proposed speci- (C) Subsequent comment. If NMFS de- fications will specify the annual TAC termines for good cause that notifica- and initial TAC amounts for each tar- tion of apportionment, retention or get species and the ‘‘other species’’ cat- PSC limit adjustment must be issued egory and apportionments thereof es- without providing interested persons a tablished by paragraph (a)(2) of this prior opportunity for public comment, section, PSQ reserves and prohibited comments on the apportionment, re- species catch allowances established by tention or adjustment will be received § 679.21, seasonal allowances of pollock for a period of 15 days after its effective TAC (including pollock CDQ), and CDQ date. reserve amounts established by para- graph (b)(1)(iii) of this section. (D) Response to comments. NMFS will (2) Interim specifications. Interim har- consider all timely comments in decid- vest specifications will be in effect on ing whether to make a proposed appor- January 1 and will remain in effect tionment, retention, or PSC limit ad- until superseded by the filing of the justment or to modify an apportion- final specifications by the Office of the ment, retention, or adjustment that Federal Register. Interim specifica- previously has been made, and shall tions will be established as follows: publish responses to those comments in (i) GOA. One-fourth of each proposed the FEDERAL REGISTER as soon as prac- TAC and apportionment thereof (not ticable. including the reserves or the first sea- (E) Data available. The Regional Ad- sonal allowance of pollock), one-fourth ministrator will make available to the of the proposed halibut prohibited spe- public during business hours the aggre- cies catch amounts, and the proposed gate data upon which any preliminary first seasonal allowance of pollock. TAC or PSC limit figure is based or the (ii) BSAI. Except for pollock and the data upon which any apportionment or hook and line and pot gear allocation retention of surplus or reserve, or PSC of sablefish, one quarter of each pro- limit adjustment was or is proposed to posed initial TAC and apportionment be based. These data will be available thereof, one quarter of each CDQ re- for a sufficient period to facilitate in- serve established by paragraph formed comment by interested persons. (b)(1)(iii) of this section, and one quar- (c) Annual specifications—(1) Proposed ter of the proposed PSQ reserve and specifications— prohibited species catch allowances es- (i) General—(A) Notification. As soon tablished by § 679.21. as practicable after consultation with (A) The interim specifications for the Council, NMFS will publish pro- pollock and Atka mackerel will be posed specifications for the succeeding equal to the first seasonal allowance fishing year. The proposed specifica- for pollock and Atka mackerel that is tions will reflect as accurately as pos- published in the proposed specifica- sible the projected changes in U.S. har- tions under paragraph (c)(1) of this sec- vesting and processing capacity and tion. the extent to which U.S. harvesting (B) The interim specifications for and processing will occur during the CDQ pollock will be equal to the first coming year. seasonal allowance that is published in (B) Public comment. NMFS will accept the proposed specifications under para- public comment on the proposed speci- graph (c)(1) of this section. fications for 30 days from the date of (3) Final specifications—(i) Notification. publication in the FEDERAL REGISTER. NMFS will consider comments on the
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proposed specifications received during reached, the Regional Administrator the comment period and, after con- may establish a directed fishing allow- sultation with the Council, will publish ance for that species or species group. final specifications in the FEDERAL (ii) Specified fishery amounts—(A) REGISTER. The final specifications will Inseason adjustments. The category allo- supersede the interim specifications. cations or apportionments established (ii) GOA. The final specifications will under paragraph (c) of this section may specify the annual TAC for each target be revised by inseason adjustments, as species and the ‘‘other species’’ cat- defined at § 679.25, for a given species or egory and apportionments thereof, hal- species group or pollock allowance, as ibut prohibited species catch amounts, identified by regulatory area, subarea, and seasonal allowances of pollock. or district, and, if applicable, as fur- (iii) BSAI. The final specifications ther identified by gear type. will specify the annual TAC for each (B) Incidental catch. In establishing a target species and the ‘‘other species’’ directed fishing allowance, the Re- category and apportionments thereof, gional Administrator shall consider the PSQ reserves and prohibited species amount of the allocation or apportion- catch allowances, seasonal allowances ment established under paragraph (c) of the pollock TAC (including pollock of this section that will be taken as in- CDQ), and CDQ reserve amounts. cidental catch in directed fishing for (4) Inshore-offshore allocations—(i) other species in the same subarea, reg- BSAI pollock (applicable through Decem- ulatory area, or district. ber 31, 2004). The proposed, interim, and (iii) Directed fishing closure—(A) Noti- final specifications will specify the al- fication. If the Regional Administrator location of pollock for processing by establishes a directed fishing allowance the inshore component in the BSAI and for a fishery allocation or apportion- the offshore component in the BSAI, ment under this paragraph (d), and and any seasonal allowances thereof, as that allowance has been or will be authorized under paragraphs (a)(5) and reached before the end of the fishing (a)(6) of this section. season or year, NMFS will publish no- (ii) GOA pollock and Pacific cod (appli- cable through December 31, 2001). The tification in the FEDERAL REGISTER proposed, interim, and final specifica- prohibiting directed fishing in the tions will specify the allocation of GOA specified subarea, regulatory area, or pollock and GOA Pacific cod for proc- district. essing by the inshore component in the (B) Retention of bycatch species. If di- GOA and the offshore component in the rected fishing for a target species or GOA, and any seasonal allowances the ‘‘other species’’ category is prohib- thereof, as authorized under para- ited, a vessel may not retain that by- graphs (a)(5) and (a)(6) of this section. catch species in an amount that ex- (5) BSAI Pacific cod gear allocations ceeds the maximum retainable bycatch The proposed, interim, and final speci- amount, as calculated under para- fications will specify the allocation of graphs (e) and (f) of this section, at any BSAI Pacific cod among gear types as time during a fishing trip. authorized under paragraph (a)(7) of (2) Groundfish as prohibited species clo- this section. sure. When the Regional Administrator (6) BSAI Atka mackerel allocations. determines that the TAC of any target The proposed, interim, and final speci- species or the ‘‘other species’’ category fications will specify the allocation of specified under paragraph (c) of this BSAI Atka mackerel among gear types section, or the share of any TAC as- as authorized under paragraph (a)(8) of signed to any type of gear, has been or this section. will be achieved prior to the end of a (d) Fishery closures—(1) Directed fish- year, NMFS will publish notification in ing allowance—(i) General. If the Re- the FEDERAL REGISTER requiring that gional Administrator determines that target species or the ‘‘other species’’ be any allocation or apportionment of a treated in the same manner as a pro- target species or ‘‘other species’’ cat- hibited species, as described under egory specified under paragraph (c) of § 679.21(b), for the remainder of the this section has been or will be year.
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(3) Overfishing closure—(i) Notification. be calculated with respect to each basis If, in making a determination under species that is retained on board that paragraph (d)(2) of this section, the Re- vessel. gional Administrator also determines (ii) To obtain these individual that fishing for other target species or retainable bycatch amounts, multiply species groups in the area, district or the appropriate retainable percentage part thereof where the notification ap- for the bycatch species/basis species plies, may lead to the overfishing of combination, set forth in Table 10 to the species or species group for which this part for the GOA species cat- the allocation or apportionment has egories and Table 11 to this part for the been or will be reached, NMFS will BSAI species categories, by the amount publish notification in the FEDERAL of that basis species, in round-weight REGISTER specifying limitations or pro- equivalents. hibitions designed to prevent over- (iii) The maximum retainable by- fishing of that species or species group. catch amount for that specific bycatch (ii) Limitations and prohibitions. These species is the sum of the individual limitations and prohibitions may pro- retainable bycatch amounts. hibit directed fishing for other species (f) Directed fishing calculations and de- or species groups in the area, district, terminations—(1) Round-weight equiva- or part thereof where the notification lents. Any determination concerning di- applies, or may limit time, area, or rected fishing, the amount or percent- gear types that may be used in directed age of any species, species group, or fishing for the other species or species any fish or fish products must be cal- groups. culated in round-weight equivalents. (iii) Factors to be considered. When making the determinations specified (2) Retainable amounts. Except as pro- under paragraphs (d)(1), (d)(2), and vided in Table 10 to this part, (d)(3) of this section, the Regional Ad- arrowtooth flounder, retained CDQ spe- ministrator may consider allowing cies, or any groundfish species for fishing to continue or resume with cer- which directed fishing is closed may tain gear types or in certain areas and not be used to calculate retainable times based on findings of: amounts of other groundfish species. (A) The risk of biological harm to a (g) Allowable retention of pollock roe— groundfish species or species group for (1) Percentage of pollock roe. (i) Pollock which the TAC or PSC limit is or will roe retained on board a vessel at any be reached. time during a fishing trip must not ex- (B) The risk of socioeconomic harm ceed 7 percent of the total round- to authorized users of the groundfish weight equivalent of pollock, as cal- for which the TAC or PSC limit will be culated from the primary pollock prod- or has been reached. uct on board the vessel during the (C) The impact that the continued same fishing trip. closure might have on the socio- (ii) Determinations of allowable re- economic well-being of other domestic tention of pollock roe will be based on fisheries. amounts of pollock harvested, re- (e) Maximum retainable bycatch ceived, or processed during a single amounts—(1) Proportion of basis species. fishing trip. The maximum retainable bycatch (iii) Pollock or pollock products from amount for a bycatch species or species previous fishing trips that are retained group is calculated as a proportion of on board a vessel may not be used to the basis species retained on board the determine the allowable retention of vessel using the retainable percentages pollock roe for that vessel. in Table 10 to this part for the GOA (2) Primary product. (i) For purposes species categories and in Table 11 to of this paragraph (g), only one primary this part for the BSAI species cat- pollock product per fish, other than egories. roe, may be used to calculate the (2) Calculation. (i) To calculate the round-weight equivalent. maximum retainable bycatch amount (ii) A primary pollock product that for a specific bycatch species, an indi- contains roe (such as headed and gut- vidual retainable bycatch amount must ted pollock with roe) may not be used
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to calculate the round-weight equiva- (3) Pollock product recovery rates lent of pollock. (PRRs). Use the product types and (iii) The primary pollock product standard PRRs for pollock found in must be distinguished from ancillary Table 3 to this part to calculate round- pollock products in the DCPL required weight equivalents for pollock for pur- under § 679.5(a)(9). poses of this paragraph (g).
Standard Product code Product description product re- covery rate
07 ...... Headed and gutted, western cut ...... 0.65 08 ...... Headed and gutted, eastern cut ...... 0.56 10 ...... Headed and gutted, without tail ...... 0.50 20 ...... Fillets with skin & ribs ...... 0.35 21 ...... Fillets with skin on, no ribs ...... 0.30 22 ...... Fillets with ribs, no skin ...... 0.30 23 ...... Fillets, skinless, boneless ...... 0.21 24 ...... Deep skin fillets ...... 0.16 30 ...... Surimi ...... 0.16 31 ...... Mince ...... 0.22 32 ...... Meal ...... 0.17
(4) Calculation of retainable pollock canned, or reduced to meal by the ves- roe—(i) Round-weight equivalent. (A) To sel retaining the pollock roe prior to calculate the amount of pollock roe any transfer of the product to another that can be retained on board during a vessel. fishing trip, first calculate the round- (ii) No discard of processed product. weight equivalent by dividing the total Any pollock product that has been amount of primary product on board by processed may not be discarded at sea the appropriate PRR. unless such discarding is necessary to (B) To determine the maximum meet other requirements of this part. mount of pollock roe that can be re- (h) Standard product types and stand- tained on board a vessel during the ard PRRs—(1) Calculating round-weight same fishing trip, multiply the round- equivalents from standard PRRs. Round- weight equivalent by 0.07. weight equivalents for groundfish prod- (C) Pollock roe retained on board ucts are calculated using the product from previous fishing trips will not be codes and standard PRRs specified in counted. Table 3 of this part. (ii) Two or more products from different (2) Adjustments. The Regional Admin- fish. (A) If two or more products, other istrator may adjust standard PRRs and than roe, are made from different fish, product types specified in Table 3 of round-weight equivalents are cal- this part if he or she determines that culated separately for each product. existing standard PRRs are inaccurate (B) To determine the maximum or if new product types are developed. amount of pollock roe that can be re- (i) Adjustments to any standard PRR tained on board a vessel during a fish- listed in Table 3 of this part that are ing trip, add the round-weight equiva- within and including 15 percent of that lents together; then, multiply the sum standard PRR may be made without by 0.07. providing notification and opportunity (iii) Two or more products from same for prior public comment. fish. If two or more products, other (ii) Adjustments of any standard than roe, are made from the same fish, PRR during a calendar year, when ag- the maximum amount of pollock roe gregated with all other adjustments that can be retained during a fishing made during that year, will not exceed trip is determined from the primary 15 percent of the standard PRR listed product. in Table 3 of this part at the beginning (5) Primary pollock product—(i) Process of that calendar year. prior to transfer. Any primary pollock (iii) No new product type will be an- product used to calculate retainable nounced until NMFS publishes the pro- amounts of pollock roe must be frozen, posed adjustment and/or new product
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type in the FEDERAL REGISTER and pro- (1) * * * vides the public with at least 30 days (iv) American Fisheries Act harvest lim- opportunity for public comment. itations (applicable through July 19, 1999). (iv) Any adjustment of a PRR that (A) If the Regional Administrator de- acts to further restrict the fishery will termines that any harvest limitation not be effective until 30 days after the of groundfish other than pollock, es- date of publication in the FEDERAL tablished under section 211(b)(2) (A) or REGISTER. (C) of the American Fisheries Act for (v) If NMFS makes any adjustment catcher/processors identified in section or announcement without providing a 208(e)(1) through (20) of that Act, has prior notification and opportunity for been or will be reached, the Regional prior public comment, the Regional Administrator may establish a directed Administrator will receive public com- fishing allowance for the species or ments on the adjustment or announce- species group applicable only to those ment for a period of 15 days from the identified catcher/processors. date of publication in the FEDERAL (B) In establishing a directed fishing REGISTER. allowance under paragraph (d)(1)(iv)(A) (i) Forage fish—(1) Definition. See of this section, the Regional Adminis- § 679.2. trator shall consider the amount of the (2) Applicability. The provisions of harvest limitation established under § 679.20(i) apply to all vessels fishing for section 211(b)(2) (A) or (C) of the Amer- groundfish in the BSAI or GOA, and to ican Fisheries Act that will be taken as all vessels processing groundfish har- vested in the BSAI or GOA. incidental catch by those catcher/proc- (3) Closure to directed fishing. Directed essors identified in section 208(e) (1) fishing for forage fish is prohibited at through (20) of that Act in directed all times in the BSAI and GOA. fishing for other species. (4) Limits on sale, barter, trade, and processing. The sale, barter, trade, or * * * * * processing of forage fish is prohibited, except as provided in paragraph (i)(5) of EFFECTIVE DATE NOTE 2: At 64 FR 3443, Jan. this section. 22, 1999, § 679.20 was amended by suspending (5) Allowable fishmeal production. Re- paragraphs (a)(5)(i)(A) and (a)(5)(ii)(B) and by tained catch of forage fish not exceed- adding paragraph (a)(5)(i)(C) and (a)(5)(ii)(C), effective Jan. 20, 1999, through July 19, 1999. ing the maximum retainable bycatch At 64 FR 7815, Feb. 17, 1999, paragraphs amount may be processed into fishmeal (a)(5)(i)(C) (2) and (3) were corrected, effec- for sale, barter, or trade. tive Feb. 16, 1999. At 64 FR 39087, July 21, 1999, the effective date was extended from [61 FR 31230, June 19, 1996, as amended at 61 July 21, 1999, through Dec. 31, 1999. For the FR 39602, July 30, 1996; 61 FR 59030, Nov. 20, convenience of the user the added text is set 1996; 62 FR 2046, Jan. 15, 1997; 62 FR 11110, forth as follows: Mar. 11, 1997; 62 FR 15127, Mar. 31, 1997; 62 FR 63890, Dec. 3, 1997; 62 FR 68228, Dec. 31, 1997; 63 FR 8360, Feb. 19, 1998; 63 FR 13011, Mar. 17, § 679.20 General limitations. 1998; 63 FR 31941, June 11, 1998; 63 FR 40192, (a) * * * July 28, 1998; 63 FR 47367, Sept. 4, 1998; 63 FR (5) * * * 54610, Oct. 13, 1998; 64 FR 3451, Jan. 22, 1999; 64 FR 3658, Jan. 25, 1999] (i) * * * (C) BSAI seasonal allowances (applica- EFFECTIVE DATE NOTE 1: At 64 FR 3437, Jan. 22, 1999, § 679.20 was amended by adding para- ble through July 19, 1999)—(1) Inshore. graph (d)(1)(iv), effective Jan. 20, 1999, The portion of the Bering Sea Subarea through July 19, 1999. At 64 FR 33425, June 23, pollock TAC allocated to the inshore 1999, the effective date was extended from component under section 206(b) of the July 19, 1999, through Dec. 31, 1999. For the American Fisheries Act will be divided convenience of the user, the added text is set into four seasonal allowances cor- forth as follows: responding to the four fishing seasons set out at § 679.23(e)(4)(i), as follows: A1 § 679.20 General limitations. Season, 27.5 percent; A2 Season, 12.5 percent, B Season, 30 percent, C Sea- * * * * * son, 30 percent. Within any fishing (d) * * * year, underage or overage of a seasonal
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allowance may be added to or sub- percent. Within any fishing year, un- tracted from subsequent seasonal al- derage or overage of a seasonal allow- lowances in a manner to be determined ance may be added to or subtracted by the Regional Administrator pro- from subsequent seasonal allowances in vided that overall pollock removals a manner to be determined by the Re- from all sectors during a fishing season gional Administrator, provided that a do not exceed 30 percent of the com- revised seasonal allowance does not ex- bined annual TAC of pollock. ceed 30 percent of the annual TAC ap- (2) Catcher/processor. The portion of portionment. the Bering Sea Subarea pollock TAC allocated to the catcher/processor com- * * * * * ponent under section 206(b) of the American Fisheries Act will be divided EFFECTIVE DATE NOTE 3: At 64 FR 3882, Jan. into four seasonal allowances cor- 26, 1999, § 679.20 was amended by suspending responding to the four fishing seasons paragraph (b)(1)(iii)(A) and by adding para- set out at § 679.23(e)(4)(ii), as follows: A1 graph (b)(1)(iii)(D), effective Jan. 21, 1999, Season, 27.5 percent; A2 Season, 12.5 through July 20, 1999. At 64 FR 34743, June 29, percent; B Season, 30 percent; C Sea- 1999, the effective date was extended from son, 30 percent. Within any fishing July 20, 1999, through Dec. 31, 1999. For the year, underage or overage of a seasonal convenience of the user the added text is set allowance may be added to or sub- forth as follows: tracted from subsequent seasonal al- lowances in a manner to be determined § 679.20 General limitations. by the Regional Administrator, pro- vided that overall pollock removals * * * * * from all sectors during a fishing season (b) * * * do not exceed 30 percent of the com- (1) * * * bined annual TAC of pollock. (3) Mothership. The portion of the (iii) * * * Bering Sea Subarea pollock TAC allo- (D) Groundfish CDQ. Except as lim- cated to the mothership component ited by § 679.31(a) and section 206(a) of under section 206(b) of the American the AFA, one half of the nonspecified Fisheries Act will be divided into three reserve established by paragraph seasonal allowances corresponding to (b)(1)(i) of this section for all species the three fishing seasons set out at except squid is apportioned to the § 679.23(e)(4)(ii) as follows: A Season, 40 groundfish CDQ reserve. percent; B Season, 30 percent; C Sea- son, 30 percent. Within any fishing * * * * * year, underage or overage of any sea- sonal allowance may be added to or § 679.21 Prohibited species bycatch subtracted from subsequent seasonal management. allowances in a manner to be deter- (a) Applicability. (1) This section ap- mined by the Regional Administrator plies to all vessels required to have a provided that overall pollock removals Federal fisheries permit under § 679.4. from all sectors during a fishing season (2) Except as otherwise provided, this do not exceed 30 percent of the com- section also applies to all motherships bined annual TAC of pollock. and shoreside processors that receive groundfish from vessels required to * * * * * have a Federal fisheries permit under (ii) * * * § 679.4. (C) GOA seasonal allowances (applica- (b) General—(1) Definition. Prohibited ble through July 19, 1999). Each appor- species, for the purpose of this part, tionment established under paragraph means any of the species of Pacific (a)(5)(ii)(A) of this section will be di- salmon (Oncorhynchus spp.), steelhead vided into four seasonal allowances trout (Oncorhynchus mykiss), halibut, corresponding to the four fishing sea- Pacific herring (Clupea harengus sons set out at § 679.23(d)(3) as follows: pallasi), king crab, and Tanner crab A Season, 30 percent; B Season, 20 per- caught by a vessel regulated under this cent; C Season, 25 percent; D Season, 25 part while fishing for groundfish in the
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BSAI or GOA, unless retention is au- data or biological samples from the thorized by other applicable laws, in- salmon has been completed. cluding the annual management meas- (2) Salmon retention and storage. (i) ures published in the FEDERAL REG- Operators of vessels carrying observers ISTER pursuant to § 300.62 of this title. aboard and whose fishing operations (2) Prohibited species catch restrictions. allow for sorting of BSAI groundfish The operator of each vessel engaged in catch for salmon must retain all salm- directed fishing for groundfish in the on bycatch from each haul in a sepa- GOA or BSAI must: rate bin or other location that allows (i) Minimize its catch of prohibited an observer free and unobstructed species. physical access to the salmon to count (ii) After allowing for sampling by an each fish and collect any scientific observer, if an observer is aboard, sort data or biological samples. Salmon its catch immediately after retrieval of from different hauls must be retained the gear and, except as provided below, separately in a manner that identifies return all prohibited species or parts the haul from which the salmon were thereof to the sea immediately, with a taken. minimum of injury, regardless of its (ii) Operators of vessels not carrying condition. The following exceptions are observers aboard or whose fishing oper- made: ations do not allow for sorting of BSAI (A) Salmon prohibited species catch groundfish catch for salmon must ice, in the BSAI groundfish fisheries under freeze, or store in a refrigerated salt- paragraph (c) of this section and water tank all salmon taken as by- § 679.26; and catch in trawl operations for delivery (B) Salmon PSQ caught by catcher to the processor receiving the vessel’s vessels using trawl gear in the CDQ BSAI groundfish catch. fisheries under subpart C of this part. (iii) Processors receiving BSAI (3) Rebuttable presumption. Except as groundfish harvested in a directed fish- provided under paragraph (c) of this ery for groundfish using trawl gear section, § 679.26, or for salmon PSQ re- must retain all salmon delivered by tained by catcher vessels using trawl each trawl vessel during a weekly re- gear in the CDQ fisheries, there will be porting period in separate bins marked a rebuttable presumption that any pro- with the vessel’s name and ADF&G fish hibited species retained on board a ticket number(s) for each delivery fishing vessel regulated under this part until an observer has counted each was caught and retained in violation of salmon and collected any scientific this section. data or biological samples from the (4) Prohibited species taken seaward of salmon delivered to the processor by the EEZ off Alaska. No vessel fishing for that vessel. Processors without an ob- groundfish in the GOA or BSAI may server present must store whole salm- have on board any species listed in this on in an iced or frozen state until an paragraph (b) that was taken in waters observer is available to count each fish. seaward of these management areas, Salmon must be stored at a location regardless of whether retention of such that allows an observer free and unob- species was authorized by other appli- structed physical access to each salm- cable laws. on. (c) Salmon taken in BSAI trawl fish- (3) Exemption. Motherships and shore- ery—(1) Salmon discard. Except as pro- side processors that are not required to vided in paragraph (c)(3) of this sec- obtain observer coverage during a tion, the operator of a vessel and the month under § 679.50(c) and (d) are not manager of a shoreside processor must required to retain salmon. not discard any salmon or transfer or (4) Assignment of crew to assist ob- process any salmon under the PSD Pro- server. Operators of vessels and man- gram at § 679.26, if the salmon were agers of shoreside processors that are taken incidental to a directed fishery required to retain salmon under para- for BSAI groundfish by vessels using graph (c)(1) of this section must des- trawl gear until the number of salmon ignate and identify to the observer has been determined by an observer aboard the vessel or at the shoreside and the collection of any scientific processor a crew person or employee to
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be responsible for sorting, retention, also may specify a halibut PSC limit and storage of salmon. Upon request of for the pot gear fisheries. the observer, the designated crew per- (ii) Halibut bycatch allowance. The son or employee also is responsible for halibut PSC limit specified for vessels counting salmon and taking biological using hook-and-line gear may be fur- samples from retained salmon under ther apportioned, as bycatch allow- the direction of the observer. ances, to the fishery categories listed (5) Release of salmon. Salmon must be in paragraph (d)(4)(iii) of this section, returned to Federal waters as soon as based on each category’s proportional is practicable, with a minimum of in- share of the anticipated halibut by- jury, regardless of condition, following catch mortality during a fishing year notification by an observer that the and the need to optimize the amount of number of salmon has been determined total groundfish harvest under the hal- and the collection of any scientific ibut PSC limit. The sum of all bycatch data or biological samples has been allowances will equal the halibut PSC completed. limit established under this paragraph (d) GOA halibut PSC limits. This sec- (d). tion is applicable for vessels engaged in (iii) Hook-and-line fishery categories. directed fishing for groundfish in the For purposes of apportioning the hook- GOA. and-line halibut PSC limit among fish- eries, the following fishery categories (1) Notification—(i) Proposed and final are specified and defined in terms of limits and apportionments. NMFS will round-weight equivalents of those GOA publish annually in the FEDERAL REG- groundfish species for which a TAC has ISTER proposed and final halibut PSC been specified under § 679.20. limits and apportionments thereof in (A) Demersal shelf rockfish in the the notification required under § 679.20. Southeast Outside District. Fishing with (ii) Modification of limits. NMFS, by hook-and-line gear in the Southeast notification in the FEDERAL REGISTER, Outside District of the GOA Eastern may change the halibut PSC limits Regulatory Area (SEEO) during any during the year for which they were weekly reporting period that results in specified, based on new information of a retained catch of demersal shelf the types set forth in this paragraph rockfish that is greater than the re- (d)(1). tained amount of any other fishery cat- (2) Public comment. NMFS will accept egory defined under this paragraph public comment on the proposed hal- (d)(4)(iii). ibut PSC limits, and apportionments (B) Sablefish fishery. Fishing with thereof, for a period of 30 days from the hook-and-line gear during any weekly date of publication in the FEDERAL reporting period that results in a re- REGISTER. NMFS will consider com- tained catch of sablefish that is greater ments received on proposed halibut than the retained amount of any other limits and, after consultation with the fishery category defined under this Council, will publish notification in paragraph (d)(4)(iii). the FEDERAL REGISTER specifying the (C) Other hook-and-line fishery. Fish- final halibut PSC limits and apportion- ing with hook-and-line gear during any ments thereof. weekly reporting period that results in (3) Trawl gear proposed halibut limit— a retained catch of groundfish and is (i) Notification. Aftny weekly reporting not a demersal shelf rockfish fishery or period that results in a retained catch a sablefish fishery defined under para- of groundfish and is not a shallow- graphs (d)(4)(iii)(A) and (B) of this sec- water species fishery as defined under tion. paragraph (d)(3)(iii)(A) of this section. (5) Seasonal apportionments—(i) Gen- (4) Hook-and-line and pot gear fish- eral. NMFS, after consultation with the eries—(i) Notification. After consulta- Council, may apportion each halibut tion with the Council, NMFS will pub- PSC limit or bycatch allowance speci- lish notification in the FEDERAL REG- fied under this paragraph (d) on a sea- ISTER specifying the proposed and final sonal basis. halibut PSC limits for vessels using (ii) Factors to be considered. NMFS hook-and-line gear. The notification will base any seasonal apportionment
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of a halibut PSC limit or bycatch al- lowance, or seasonal apportionment lowance on the following types of infor- thereof, specified for the shallow-water mation: species fishery is reached, fishing for (A) Seasonal distribution of halibut. pollock by vessels using pelagic trawl (B) Seasonal distribution of target gear may continue, consistent with groundfish species relative to halibut other provisions of this part. distribution. (ii) Hook-and-line fisheries. If, during (C) Expected halibut bycatch needs, the fishing year, the Regional Adminis- on a seasonal basis, relative to changes trator determines that U.S. fishing ves- in halibut biomass and expected sels participating in any of the three catches of target groundfish species. hook-and-line gear fishery categories (D) Expected variations in bycatch listed under paragraph (d)(4)(iii) of this rates throughout the fishing year. section will catch the halibut bycatch (E) Expected changes in directed allowance, or apportionments thereof, groundfish fishing seasons. specified for that fishery category (F) Expected start of fishing effort. under paragraph (d)(1) of this section, (G) Economic effects of establishing NMFS will publish notification in the seasonal halibut allocations on seg- FEDERAL REGISTER closing the entire ments of the target groundfish indus- GOA or the applicable regulatory area try. or district to directed fishing with (iii) Unused seasonal apportionments. hook-and-line gear for each species Unused seasonal apportionments of and/or species group that comprises halibut PSC limits specified for trawl, that fishing category. hook-and-line, or pot gear will be (iii) Pot gear fisheries. If, during the added to the respective seasonal appor- fishing year, the Regional Adminis- tionment for the next season during a trator determines that the catch of current fishing year. halibut by operators of vessels using (iv) Seasonal apportionment exceeded. pot gear to participate in a directed If a seasonal apportionment of a hal- fishery for groundfish will reach the ibut PSC limit specified for trawl, halibut PSC limit, or seasonal appor- hook-and-line, or pot gear is exceeded, tionment thereof, NMFS will publish the amount by which the seasonal ap- notification in the FEDERAL REGISTER portionment is exceeded will be de- prohibiting directed fishing for ground- ducted from the respective apportion- fish by vessels using pot gear for the ment for the next season during a cur- remainder of the season to which the rent fishing year. halibut PSC limit or seasonal appor- (6) Apportionment among regulatory tionment applies. areas and districts. Each halibut PSC limit specified under this paragraph (d) (iv) Nonpelagic trawl gear fisheries— also may be apportioned among the (A) Continued fishing under specified GOA regulatory areas and districts. conditions. When the vessels to which a (7) Halibut PSC closures—(i) Trawl gear halibut PSC limit applies have caught fisheries. If, during the fishing year, the an amount of halibut equal to that Regional Administrator determines PSC, the Regional Administrator may, that U.S. fishing vessels participating by notification in the FEDERAL REG- in either of the trawl fishery categories ISTER, allow some or all of those ves- listed in paragraph (d)(3)(iii) (A) or (B) sels to continue to fish for groundfish of this section will catch the halibut using nonpelagic trawl gear under spec- bycatch allowance, or apportionments ified conditions, subject to the other thereof, specified for that fishery cat- provisions of this part. egory under paragraph (d)(1) of this (B) Factors to be considered. In author- section, NMFS will publish notifica- izing and conditioning such continued tion in the FEDERAL REGISTER closing fishing with bottom-trawl gear, the Re- the entire GOA or the applicable regu- gional Administrator will take into ac- latory area or district to directed fish- count the following considerations, and ing with trawl gear for each species issue relevant findings: and/or species group that comprises (1) The risk of biological harm to hal- that fishing category; provided, how- ibut stocks and of socio-economic ever, that when the halibut bycatch al- harm to authorized halibut users posed
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by continued bottom trawling by these or greater than 55 million lb, the Zone vessels. 1 PSC limit will be 200,000 red king (2) The extent to which these vessels crab. have avoided incidental halibut (iii) Tanner crab (C. bairdi). The PSC catches up to that point in the year. limit of C. bairdi crabs caught by trawl (3) The confidence of the Regional vessels while engaged in directed fish- Administrator in the accuracy of the ing for groundfish in Zones 1 and 2 dur- estimates of incidental halibut catches ing any fishing year will be specified by these vessels up to that point in the annually by NMFS under paragraph year. (e)(6) of this section, based on total (4) Whether observer coverage of abundance of C. bairdi crabs as indi- these vessels is sufficient to assure ad- cated by the NMFS annual bottom herence to the prescribed conditions trawl survey, using the criteria set out and to alert the Regional Adminis- under paragraphs (e)(1)(iii) (A) and (B) trator to increases in their incidental of this section. halibut catches. (A) Zone 1. When the total abundance (5) The enforcement record of owners of C. bairdi crabs is: and operators of these vessels, and the (1) 150 million animals or less, the confidence of the Regional Adminis- PSC limit will be 0.5 percent of the trator that adherence to the prescribed total abundance. conditions can be assured in light of (2) Over 150 million to 270 million ani- available enforcement resources. mals, the PSC limit will be 750,000 ani- (e) BSAI PSC limits—(1) Trawl gear— mals. (i) PSQ reserve. 7.5 percent of each PSC (3) Over 270 million to 400 million ani- limit set forth in paragraphs (e)(1) (ii) mals, the PSC limit will be 850,000 ani- through (v), (e)(1)(vii), and (e)(1)(viii) of mals. this section is allocated to the ground- (4) Over 400 million animals, the PSC fish CDQ program as PSQ reserve. The limit will be 1,000,000 animals. PSQ reserve is not apportioned by gear (B) Zone 2. When the total abundance or fishery. of C. bairdi crabs is: (ii) Red king crab in Zone 1. The PSC limit of red king crab caught by trawl (1) 175 million animals or less, the vessels while engaged in directed fish- PSC limit will be 1.2 percent of the ing for groundfish in Zone 1 during any total abundance. fishing year will be specified annually (2) Over 175 million to 290 million ani- by NMFS, after consultation with the mals, the PSC limit will be 2,100,000 Council, based on abundance and animals. spawning biomass of red king crab (3) Over 290 million to 400 million ani- using the criteria set out under para- mals, the PSC limit will be 2,550,000 graphs (e)(1)(iii) (A) through (C) of this animals. section. (4) Over 400 million animals, the PSC (A) When the number of mature fe- limit will be 3,000,000 animals. male red king crab is at or below the (iv) C. opilio. The PSC limit of C. threshold of 8.4 million mature crab or opilio caught by trawl vessels while en- the effective spawning biomass is less gaged in directed fishing for groundfish than or equal to 14.5 million lb (6,577 in the COBLZ will be specified annu- mt), the Zone 1 PSC limit will be 35,000 ally by NMFS under paragraph (e)(6) of red king crab. this section, based on total abundance (B) When the number of mature fe- of C. opilio as indicated by the NMFS male red king crab is above the thresh- annual bottom trawl survey using the old of 8.4 million mature crab and the following criteria: effective spawning biomass is greater (A) PSC Limit. The PSC limit will be than 14.5 but less than 55 million lb 0.1133 percent of the total abundance, (24,948 mt), the Zone 1 PSC limit will unless; be 100,000 red king crab. (B) Minimum PSC Limit. If 0.1133 per- (C) When the number of mature fe- cent multiplied by the total abundance male red king crab is above the thresh- is less than 4.5 million, then the min- old of 8.4 million mature crab and the imum PSC limit will be 4.5 million ani- effective spawning biomass is equal to mals; or
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(C) Maximum PSC Limit. If 0.1133 per- fishing year of prohibited species for cent multiplied by the total abundance which a PSC limit is specified and the is greater than 13 million, then the need to optimize the amount of total maximum PSC limit will be 13 million groundfish harvested under established animals. PSC limits. (v) Halibut. The PSC limit of halibut (ii) Red king crab, C. bairdi Tanner caught while conducting any trawl crab, and halibut—(A) General. For ves- fishery for groundfish in the BSAI dur- sels engaged in directed fishing for ing any fishing year is an amount of groundfish in the GOA or BSAI, the halibut equivalent to 3,775 mt of hal- PSC limits for red king crab, C. bairdi, ibut mortality. C. opilio, and halibut will be appor- (vi) Pacific herring. The PSC limit of tioned to the trawl fishery categories Pacific herring caught while con- defined in paragraphs (e)(3)(iv) (B) ducting any domestic trawl fishery for through (F) of this section. groundfish in the BSAI is 1 percent of (B) Red King Crab Savings Subarea the annual eastern Bering Sea herring (RKCSS). (1) The RKCSS is the portion biomass. The PSC limit will be appor- of the RKCSA between 56°00′ and 56°10′ tioned into annual herring PSC allow- N. lat. Notwithstanding other provi- ances, by target fishery, and will be sions of this part, vessels using non-pe- published along with the annual her- lagic trawl gear in the RKCSS may en- ring PSC limit in the FEDERAL REG- gage in directed fishing for groundfish ISTER with the proposed and final in a given year, if the ADF&G had es- groundfish specifications defined in tablished a guideline harvest level the § 679.20. previous year for the red king crab (vii) Chinook salmon. The PSC limit fishery in the Bristol Bay area. of chinook salmon caught while con- (2) When the RKCSS is open to ves- ducting any trawl fishery for ground- sels fishing for groundfish with non- fish in the BSAI between January 1 and pelagic trawl gear under (e)(3)(ii)(B)(1) April 15 is 48,000 fish. of this section, NMFS, after consulta- (viii) Non-chinook salmon. The PSC tion with the Council, will specify an limit of non-chinook salmon caught by amount of the red king crab bycatch vessels using trawl gear during August limit annually established under para- 15 through October 14 in the CVOA is graph (e)(1)(ii) of this section for the 42,000 fish. RKCSS. The amount of the red king (2) Nontrawl gear, halibut. (i) The PSC crab bycatch limit specified for the limit of halibut caught while con- RKCSS will not exceed an amount ducting any nontrawl fishery for equivalent to 35 percent of the trawl groundfish in the BSAI during any fish- bycatch allowance specified for the ing year is the amount of halibut rock sole/flathead sole/‘‘other flatfish’’ equivalent to 900 mt of halibut mor- fishery category under this paragraph tality. (e)(3) and will be based on the need to (ii) The amount of 7.5 percent of the optimize the groundfish harvest rel- non-trawl gear halibut PSC limit set ative to red king crab bycatch. forth in paragraph (e)(2)(i) of this sec- (C) Incidental catch in midwater pol- tion is allocated to the groundfish CDQ lock fishery. Any amount of red king program as PSQ reserve. The PSQ re- crab, C. bairdi, C. opilio, or halibut that serve is not apportioned by gear or is incidentally taken in the midwater fishery. pollock fishery as defined in paragraph (3) PSC apportionment to trawl fish- (e)(3)(iv)(A) of this section will be eries—(i) General. NMFS, after con- counted against the bycatch allow- sultation with the Council and after ances specified for the pollock/Atka subtraction of PSQ reserve, will appor- mackerel/‘‘other species’’ category de- tion each PSC limit set forth in para- fined in paragraph (e)(3)(iv)(F) of this graphs (e)(1) (ii) through (viii) of this section. section into bycatch allowances for (iii) Pacific herring. The PSC limit for fishery categories defined in paragraph Pacific herring will be apportioned to (e)(3)(iv) of this section, based on each the BSAI trawl fishery categories de- category’s proportional share of the fined in paragraphs (e)(3)(iv) (A) anticipated incidental catch during a through (F) of this section.
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(iv) Trawl fishery categories. For pur- greater than the retained amount of poses of apportioning trawl PSC limits any other groundfish fishery category among fisheries, the following fishery defined under this paragraph (e)(3)(iv). categories are specified and defined in (F) Pollock/Atka mackerel/‘‘other spe- terms of round-weight equivalents of cies.’’ Fishing with trawl gear during those groundfish species or species any weekly reporting period that re- groups for which a TAC has been speci- sults in a retained aggregate amount of fied under § 679.20. pollock other than pollock harvested in (A) Midwater pollock fishery. Fishing the midwater pollock fishery defined with trawl gear during any weekly re- under paragraph (e)(3)(iv)(A) of this porting period that results in a catch section, Atka mackerel, and ‘‘other of pollock that is 95 percent or more of species’’ that is greater than the re- the total amount of groundfish caught tained amount of any other fishery cat- during the week. egory defined under this paragraph (B) Flatfish fishery. Fishing with (e)(3)(iv). trawl gear during any weekly reporting (4) Halibut apportionment to nontrawl period that results in a retained aggre- fishery categories—(i) General. NMFS, gate amount of rock sole, ‘‘other flat- after consultation with the Council and fish,’’ and yellowfin sole that is greater after subtraction of PSQ reserve, may than the retained amount of any other apportion the halibut PSC limit for fishery category defined under this nontrawl gear set forth under para- paragraph (e)(3)(iv). graph (e)(2)(i) of this section into by- (1) Yellowfin sole fishery. Fishing with catch allowances for nontrawl fishery trawl gear during any weekly reporting categories defined under paragraph period that is defined as a flatfish fish- (e)(4)(ii) of this section based on each ery under this paragraph (e)(3)(iv)(B) category’s proportional share of the and results in a retained amount of anticipated bycatch mortality of hal- yellowfin sole that is 70 percent or ibut during a fishing year and the need more of the retained aggregate amount to optimize the amount of total of rock sole, ‘‘other flatfish,’’ and yel- groundfish harvested under the lowfin sole. nontrawl halibut PSC limit. The sum (2) Rock sole/flathead sole/‘‘other flat- of all bycatch allowances of any pro- fish’’ fishery. Fishing with trawl gear hibited species will equal its PSC limit. during any weekly reporting period (ii) Nontrawl fishery categories. For that is defined as a flatfish fishery purposes of apportioning the nontrawl under this paragraph (e)(3)(iv)(B) and is halibut PSC limit among fisheries, the not a yellowfin sole fishery as defined following fishery categories are speci- under paragraph (e)(3)(iv)(B)(1) of this fied and defined in terms of round- section. weight equivalents of those BSAI (C) Greenland turbot/arrowtooth floun- groundfish species for which a TAC has der/sablefish fishery. Fishing with trawl been specified under § 679.20. gear during any weekly reporting pe- (A) Pacific cod hook-and-line fishery. riod that results in a retained aggre- Fishing with hook-and-line gear during gate amount of Greenland turbot, any weekly reporting period that re- arrowtooth flounder, and sablefish that sults in a retained catch of Pacific cod is greater than the retained amount of that is greater than the retained any other fishery category defined amount of any other groundfish spe- under this paragraph (e)(3)(iv). cies. (D) Rockfish fishery. Fishing with (B) Sablefish hook-and-line fishery. trawl gear during any weekly reporting Fishing with hook-and-line gear during period that results in a retained aggre- any weekly reporting period that re- gate amount of rockfish species that is sults in a retained catch of sablefish greater than the retained amount of that is greater than the retained any other fishery category defined amount of any other groundfish spe- under this paragraph (e)(3)(iv). cies. (E) Pacific cod fishery. Fishing with (C) Groundfish jig gear fishery. Fishing trawl gear during any weekly reporting with jig gear during any weekly report- period that results in a retained aggre- ing period that results in a retained gate amount of Pacific cod that is catch of groundfish.
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(D) Groundfish pot gear fishery. Fish- tionment for the next season during a ing with pot gear under restrictions set current fishing year. forth in § 679.24(b) during any weekly (iv) Seasonal nontrawl fishery bycatch reporting period that results in a re- allowances—(A) Unused seasonal appor- tained catch of groundfish. tionments. Any unused portion of a sea- (E) Other nontrawl fisheries. Fishing sonal nontrawl fishery bycatch allow- for groundfish with nontrawl gear dur- ance made under this paragraph (e)(5) ing any weekly reporting period that will be reapportioned to the fishery’s results in a retained catch of ground- remaining seasonal bycatch allowances fish and does not qualify as a Pacific during a current fishing year in a man- cod hook-and-line fishery, a sablefish ner determined by NMFS, after con- hook-and-line fishery, a jig gear fish- sultation with the Council, based on ery, or a groundfish pot gear fishery as the types of information listed under defined under paragraph (e)(4)(ii) of paragraph (e)(5)(ii) of this section. this section. (B) Seasonal apportionment exceeded. If (5) Seasonal apportionments of bycatch a seasonal apportionment of a allowances—(i) General. NMFS, after nontrawl fishery bycatch allowance consultation with the Council, may ap- made under this paragraph (e)(5) is ex- portion fishery bycatch allowances on ceeded, the amount by which the sea- a seasonal basis. sonal apportionment is exceeded will (ii) Factors to be considered. NMFS be deducted from the fishery’s remain- will base any seasonal apportionment ing seasonal bycatch allowances during of a bycatch allowance on the following a current fishing year in a manner de- types of information: termined by NMFS, after consultation (A) Seasonal distribution of prohib- with the Council, based on the types of ited species; information listed under paragraph (B) Seasonal distribution of target (e)(5)(ii) of this section. groundfish species relative to prohib- (6) Notification—(i) General. NMFS ited species distribution; will publish annually in the FEDERAL (C) Expected prohibited species by- REGISTER the annual red king crab PSC catch needs on a seasonal basis rel- limit, and, if applicable, the amount of evant to change in prohibited species this PSC limit specified for the biomass and expected catches of target RKCSS, the annual C. bairdi PSC limit, groundfish species; the annual C. opilio PSC limit, the pro- (D) Expected variations in bycatch posed and final PSQ reserve amounts, rates throughout the fishing year; the proposed and final bycatch allow- (E) Expected changes in directed ances, the seasonal apportionments groundfish fishing seasons; thereof and the manner in which sea- (F) Expected start of fishing effort; sonal apportionments of non-trawl or fishery bycatch allowances will be (G) Economic effects of establishing managed as required by paragraph (e) seasonal prohibited species apportion- of this section. ments on segments of the target (ii) Public comment. Public comment groundfish industry. will be accepted by NMFS on the pro- (iii) Seasonal trawl fishery bycatch al- posed annual red king crab PSC limit lowances—(A) Unused seasonal appor- and, if applicable, the amount of this tionments. Unused seasonal apportion- PSC limit specified for the RKCSS, the ments of trawl fishery bycatch allow- annual C. bairdi PSC limit, the annual ances made under this paragraph (e)(5) C. opilio PSC limit, the proposed and will be added to its respective fishery final bycatch allowances, seasonal ap- bycatch allowance for the next season portionments thereof, and the manner during a current fishing year. in which seasonal apportionments of (B) Seasonal apportionment exceeded. If nontrawl fishery bycatch allowances a seasonal apportionment of a trawl will be managed, for a period of 30 days fishery bycatch allowance made under from the date of publication in the paragraph (d)(5) of this section is ex- FEDERAL REGISTER. ceeded, the amount by which the sea- (7) Trawl PSC closures—(i) Exception. sonal apportionment is exceeded will When a bycatch allowance, or seasonal be deducted from its respective appor- apportionment thereof, specified for
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the pollock/Atka mackerel/’’other spe- fishing vessels participating in any of cies’’ fishery category is reached, only the trawl fishery categories listed in directed fishing for pollock is closed to paragraphs (e)(3)(iv)(B) through (F) of trawl vessels using nonpelagic trawl this section will catch the COBLZ by- gear. catch allowance, or seasonal apportion- (ii) Red king crab or C. bairdi Tanner ment thereof, of C. opilio specified for crab, Zone 1, closure—(A) General. Ex- that fishery category under paragraph cept as provided in paragraph (e)(7)(i) (e)(3) of this section, NMFS will pub- of this section, if, during the fishing lish in the FEDERAL REGISTER the clo- year, the Regional Administrator de- sure of the COBLZ, as defined in Figure termines that U.S. fishing vessels par- 13 to this part, to directed fishing for ticipating in any of the fishery cat- each species and/or species group in egories listed in paragraphs (e)(3)(iv) that fishery category for the remainder (B) through (F) of this section will of the year or for the remainder of the catch the Zone 1 bycatch allowance, or season. seasonal apportionment thereof, of red (v) Halibut closure. Except as provided king crab or C. bairdi Tanner crab spec- in paragraph (e)(7)(i) of this section, if, ified for that fishery category under during the fishing year, the Regional paragraph (e)(3) of this section, NMFS Administrator determines that U.S. will publish in the FEDERAL REGISTER fishing vessels participating in any of the closure of Zone 1, including the the trawl fishery categories listed in RKCSS, to directed fishing for each paragraphs (e)(3)(iv)(B) through (F) of species and/or species group in that this section in the BSAI will catch the fishery category for the remainder of halibut bycatch allowance, or seasonal the year or for the remainder of the apportionment thereof, specified for season. that fishery category under paragraph (B) RKCSS. If, during the fishing year (e)(3) of this section, NMFS will pub- the Regional Administrator determines lish in the FEDERAL REGISTER the clo- that the amount of the red king crab sure of the entire BSAI to directed PSC limit that is specified for the fishing for each species and/or species RKCSS under § 679.21(e)(3)(ii)(B) of this group in that fishery category for the section will be caught, NMFS will pub- remainder of the year or for the re- lish in the FEDERAL REGISTER the clo- sure of the RKCSS to directed fishing mainder of the season. for groundfish with nonpelagic trawl (vi) Pacific herring—(A) Closure. Ex- gear for the remainder of the year. cept as provided in paragraph (iii) C. bairdi Tanner crab, Zone 2, clo- (e)(7)(v)(B) of this section, if, during sure. Except as provided in paragraph the fishing year, the Regional Adminis- (e)(7)(i) of this section, if, during the trator determines that U.S. fishing ves- fishing year, the Regional Adminis- sels participating in any of the fishery trator determines that U.S. fishing ves- categories listed in paragraphs sels participating in any of the fishery (e)(3)(iv)(A) through (F) of this section categories listed in paragraphs in the BSAI will catch the herring by- (e)(3)(iv) (B) through (F) of this section catch allowance, or seasonal apportion- will catch the Zone 2 bycatch allow- ment thereof, specified for that fishery ance, or seasonal apportionment there- category under paragraph (e)(3) of this of, of C. bairdi Tanner crab specified for section, NMFS will publish in the FED- that fishery category under paragraph ERAL REGISTER the closure of the Her- (e)(3) of this section, NMFS will pub- ring Savings Area as defined in Figure lish in the FEDERAL REGISTER the clo- 4 of this part to directed fishing for sure of Zone 2 to directed fishing for each species and/or species group in each species and/or species group in that fishery category. that fishery category for the remainder (B) Exceptions—(1) Midwater pollock. of the year or for the remainder of the When the midwater pollock fishery season. category reaches its specified bycatch (iv) COBLZ. Except as provided in allowance, or seasonal apportionment paragraph (e)(7)(i) of this section, if, thereof, the Herring Savings Areas are during the fishing year, the Regional closed to directed fishing for pollock Administrator determines that U.S. with trawl gear.
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(2) Pollock/Atka mackerel/ ‘‘other spe- the vessel, or on board a mothership cies’’. When the pollock/Atka mackerel/ that receives unsorted codends from ’’other species’’ fishery category the vessel, at any time during a weekly reaches its specified bycatch allow- reporting period, and the vessel is as- ance, or seasonal apportionment there- signed to one of the fisheries defined of, the Herring Savings Areas are under paragraph (f)(2) of this section. closed to directed fishing for pollock (2) Assigned fisheries. During any by trawl vessels using nonpelagic trawl weekly reporting period, a vessel’s ob- gear. served catch composition of groundfish (vii) Chum salmon. If the Regional Ad- species for which a TAC has been speci- ministrator determines that 42,000 non- fied in the GOA or BSAI will determine chinook salmon have been caught by the fishery to which the vessel is as- vessels using trawl gear during August signed, as follows: 15 through October 14 in the CVOA, de- (i) GOA midwater pollock fishery fined under § 679.22(a)(5) and in Figure 2 means fishing with trawl gear in the to this part, NMFS will prohibit fish- GOA that results in an observed catch ing with trawl gear for the remainder of groundfish from the GOA during any of the period September 1 through Oc- weekly reporting period that is com- tober 14 in the Chum Salmon Savings posed of 95 percent or more of pollock Area as defined in Figure 9, to this when the directed fishery for pollock part. by vessels using trawl gear other than (viii) Chinook salmon. When the Re- pelagic trawl gear is closed. gional Administrator determines that (ii) GOA other trawl fishery means 48,000 chinook salmon have been fishing with trawl gear in the GOA that caught by vessels using trawl gear in results in an observed catch of ground- the BSAI during the time period from fish from the GOA during any weekly January 1 through April 15, NMFS will reporting period that does not qualify prohibit fishing with trawl gear for the as a midwater pollock fishery under remainder of that period within the paragraph (f)(2)(i) of this section. Chinook Salmon Savings Area as de- fined in Figure 8 to this part. (iii) BSAI midwater pollock fishery (8) Nontrawl halibut closures. If, dur- means fishing with trawl gear in the ing the fishing year, the Regional Ad- BSAI that results in an observed catch ministrator determines that U.S. fish- of groundfish from the BSAI during ing vessels participating in any of the any weekly reporting period that is nontrawl fishery categories listed composed of 95 percent or more of pol- under paragraph (e)(4) of this section lock when the directed fishery for pol- will catch the halibut bycatch allow- lock by vessels using trawl gear other ance, or seasonal apportionment there- than pelagic trawl gear is closed. of, specified for that fishery category (iv) BSAI yellowfin sole fishery means under paragraph (e)(4)(ii) of this sec- fishing with trawl gear in the BSAI tion, NMFS will publish in the FED- that results in a retained aggregate ERAL REGISTER the closure of the entire amount of rock sole, ‘‘other flatfish,’’ BSAI to directed fishing with the rel- and yellowfin sole caught in the BSAI evant gear type for each species and/or during any weekly reporting period species group in that fishery category. that is greater than the retained (f) Program to reduce prohibited species amount of any other fishery under this bycatch rates—(1) Requirements—(i) Gen- paragraph (f)(2) and results in a re- eral. A vessel’s bycatch rate, as cal- tained amount of BSAI yellowfin sole culated at the end of a fishing month that is 70 percent or more of the re- under paragraph (f)(8)(ii) of this sec- tained aggregate amount of BSAI rock tion, while participating in the fish- sole, ‘‘other flatfish,’’ and yellowfin eries identified in paragraph (f)(2) of sole. this section, shall not exceed bycatch (v) BSAI bottom pollock fishery means rate standards referenced in paragraph fishing with trawl gear in the BSAI (f)(3) of this section. that results in a retained amount of (ii) Applicability. A vessel is subject pollock caught in the BSAI during any to this paragraph (f) if the groundfish weekly reporting period other than pol- catch of the vessel is observed on board lock harvested in the midwater pollock
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fishery in the BSAI defined in para- are impracticable, unnecessary, or con- graph (f)(2)(iii) of this section, that is trary to the public interest. greater than the retained amount of (ii) Comment after notification. If any other fishery defined under this NMFS decides, for good cause, that by- paragraph (f)(2). catch rate standards or adjustments to (vi) BSAI other trawl fishery means such standards are to be made effective fishing with trawl gear in the BSAI without affording a prior opportunity that results in a retained amount of for public comment, public comments groundfish caught in the BSAI during on the necessity for, and extent of, by- any weekly reporting period that does catch rate standards or adjustments to not qualify as a midwater pollock, yel- such standards will be received by the lowfin sole, or bottom pollock fishery. Regional Administrator for a period of (3) Notification of bycatch rate stand- 15 days after the effective date of noti- ards—(i) Prior notice. Prior to January fication. 1 and July 1 of each year, the Regional (iii) Public inspection of data. During Administrator will publish notification any such 15-day period, the Regional in the FEDERAL REGISTER specifying Administrator will make available for bycatch rate standards for the fisheries public inspection, during business identified in this paragraph (f) that hours, the aggregate data upon which will be in effect for specified seasons bycatch rate standards or adjustments within the 6-month periods of January to such standards were based. 1 through June 30 and July 1 through December 31, respectively. (iv) Written comments. If written com- ments are received during any such 15- (ii) Adjustments. The Regional Admin- istrator may adjust bycatch rate day period that oppose or protest by- standards as frequently as he or she catch rate standards or adjustments to considers appropriate. such standards issued under this sec- tion, NMFS will reconsider the neces- (4) Factors upon which bycatch rate standards are based. Bycatch rate stand- sity for the bycatch standards or ad- ards for a fishery and adjustments to justment to such standards and, as such standards will be based on the fol- soon as practicable after that reconsid- lowing information and considerations: eration, will either— (i) Previous years’ average observed (A) Publish in the FEDERAL REGISTER bycatch rates for that fishery. notification of continued effectiveness (ii) Immediately preceding season’s of bycatch rate standards or adjust- average observed bycatch rates for that ment to such standards, responding to fishery. comments received; or (iii) The bycatch allowances and as- (B) Modify or rescind bycatch rate sociated fishery closures specified standards or adjustment to such stand- under paragraphs (d) and (e) of this sec- ards. tion. (6) Notification of adjustment to by- (iv) Anticipated groundfish harvests catch rate standards. Notification of ad- for that fishery. justments to bycatch rate standards (v) Anticipated seasonal distribution issued by NMFS under paragraph (f)(3) of fishing effort for groundfish. of this section will include the fol- (vi) Other information and criteria lowing information: deemed relevant by the Regional Ad- (i) A description of the adjustment to ministrator. one or more bycatch rate standards (5) Public comment—(i) Prior comment. specified for a fishery. Bycatch rate standards or adjustments (ii) The reasons for the adjustment to such standards specified under this and the determinations required under section will not take effect until NMFS paragraph (f)(4) of this section. has published the proposed bycatch (iii) The effective date and any ter- rate standards or adjustments to such mination date of such adjustment. If standards in the FEDERAL REGISTER for no termination date is specified, the public comment for a period of 30 days, adjustment will remain in effect until unless NMFS finds for good cause that revised by subsequent notification in such notification and public comment the FEDERAL REGISTER.
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(7) Vessel bycatch rates—(i) Observed that is submitted to the Regional Ad- data. For purposes of this section, ob- ministrator under § 679.5. served data collected for each haul (B) BSAI catcher vessel delivery in Fed- sampled during a day will include: eral waters. Catcher vessels that deliver Date; Federal reporting area where to motherships in Federal waters dur- trawl gear for the haul was retrieved; ing a weekly reporting period will be total round weight of groundfish, in assigned to fisheries based on the metric tons in the portion of the haul round-weight equivalent of the re- sampled by groundfish species or spe- tained groundfish catch composition cies group for which a TAC has been reported on the WPR submitted to the specified under § 679.20; and total round Regional Administrator for that week weight of halibut, in kilograms, in the by the mothership under § 679.5. portion of the haul sampled. Observer (C) BSAI catcher vessel delivery in data from the BSAI trawl fisheries also Alaska State waters. Catcher vessels de- will include the total number of red livering groundfish to shoreside proc- king crab in the portion of the haul essors or to motherships in Alaska sampled. State waters during a weekly reporting (ii) Observer sampling procedures. (A) period will be assigned to fisheries NMFS will randomly predetermine the based on the round-weight equivalent hauls to be sampled by an observer dur- of the groundfish retained by the proc- ing the time the observer is on a vessel. essor and reported on an ADF&G fish (B) An observer will take samples at ticket as required under Alaska State random from throughout the haul, and regulations at A.S. 16.05.690. take samples prior to sorting of the (ii) Calculation of monthly bycatch haul by the crew for processing or dis- rates—(A) Assigned fishery. At the end carding of the catch. of each fishing month during which an observer sampled at least 50 percent of (C) An observer will sample a min- a vessel’s total number of trawl hauls imum of 100 kg of fish from each haul retrieved while an observer was aboard sampled. (as recorded in the vessel’s DFL), the (D) While an observer is at sea, the Regional Administrator will calculate observer will report to NMFS, on at the vessel’s bycatch rate based on ob- least a weekly basis, the data for sam- served data for each fishery to which pled hauls. the vessel was assigned for any weekly (E) Upon request, the observer will reporting period during that fishing allow the vessel operator to see all ob- month. served data set forth under paragraph (B) Verified observer data. Only ob- (f)(7)(i) of this section that the ob- served data that have been checked, server submits to NMFS. verified, and analyzed by NMFS will be (8) Determination of individual vessel used to calculate vessel bycatch rates bycatch rates. For each vessel, the Re- for purposes of this section. gional Administrator will aggregate (C) Calculation. The bycatch rate of a from sampled hauls the observed data vessel for a fishery defined under para- collected during a weekly reporting pe- graph (f)(2) of this section during a riod on the total round weight, in met- fishing month is a ratio of halibut to ric tons, of each groundfish species or groundfish that is calculated by using species group for which a TAC has been the total round weight of halibut (in specified under § 679.20 to determine to kilograms), or total number of red king which of the fisheries described in crab, in samples during all weekly re- paragraph (f)(8)(i) of this section the porting periods in which the vessel was vessel should be assigned for that assigned to that fishery and the total week. round weight of the groundfish (in met- (i) Vessel assignment to fisheries—(A) ric tons) for which a TAC has been BSAI catcher/processors. Catcher/proc- specified under § 679.20 in samples essors will be assigned to fisheries at taken during all such periods. the end of each weekly reporting period (9) Compliance with bycatch rate stand- based on the round-weight equivalent ards. A vessel has exceeded a bycatch of the retained groundfish catch com- rate standard for a fishery if the ves- position reported on a vessel’s WPR sel’s bycatch rate for a fishing month,
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as calculated under paragraph (f)(8)(ii) species catch limitation specified of this section exceeds the bycatch rate under paragraph (e)(3)(v) of this sec- standard established for that fishery tion, directed fishing for groundfish by under paragraph (f)(2) of this section. those vessels will be prohibited in the applicable area defined under this para- [61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 FR 38359, July 24, graph (e)(7), except for pollock with pe- 1996; 61 FR 56431, Nov. 1, 1996; 61 FR 65988, lagic trawl gear. Dec. 16, 1996; 62 FR 13841, Mar. 24, 1997; 62 FR 66831, Dec. 22, 1997; 63 FR 8361, Feb. 19, 1998; * * * * * 63 FR 11168, Mar. 6, 1998; 63 FR 30401, June 4, 1998; 63 FR 32145, June 12, 1998; 63 FR 47367, § 679.22 Closures. Sept. 4, 1998; 63 FR 50801, Sept. 23, 1998; 64 FR 20214, Apr. 26, 1999] (a) BSAI—(1) Zone 1 (512) closure to EDITORIAL NOTE: For a correction to § 679.21 trawl gear. No fishing with trawl gear is paragraph (d)(3), see document published at allowed at any time in reporting Area 64 FR 66587, Nov. 29, 1999. 512 of Zone 1 in the Bering Sea subarea. (2) Zone 1 (516) closure to trawl gear. EFFECTIVE DATE NOTE: At 64 FR 3437, Jan. 22, 1999, § 679.21 was amended by adding para- No fishing with trawl gear is allowed at graphs (e)(3)(v) and (e)(7)(ix), effective Jan. any time in reporting Area 516 of Zone 20, 1999, through July 19, 1999. At 64 FR 33425, 1 in the Bering Sea Subarea during the June 23, 1999, the effective date was extended period March 15 through June 15. from July 19, 1999, through Dec. 31, 1999. For (3) Red King Crab Savings Area the convenience of the user, the added text is (RKCSA). Directed fishing for ground- set forth as follows: fish by vessels using trawl gear other § 679.21 Prohibited species bycatch than pelagic trawl gear is prohibited at management. all times, except as provided at § 679.21(e)(4)(ii)(B), in that part of the * * * * * Bering Sea subarea defined as RKCSA in Figure 11 to this part. (e) * * * (4) Walrus protection areas. From (3) * * * April 1 through September 30 of any (v) American Fisheries Act prohibited fishing year, vessels with a Federal species catch limitations (applicable fisheries permit under § 679.4 are pro- through July 19, 1999). The aggregate hibited in that part of the Bering Sea amounts of any crab, halibut or her- subarea between 3 and 12 nm seaward ring trawl PSC limit caught by the of the baseline used to measure the ter- catcher/processors identified under sec- ritorial sea around islands named tion 208(e)(1) through (20) of the Amer- Round Island and The Twins, as shown ican Fisheries Act and counted against on National Ocean Survey Chart 16315, the bycatch allowances specified for and around Cape Pierce (58°33′ N. lat., the fishery categories defined under 161°43′ W. long.). paragraphs (e)(3)(iv)(B) through (E) of (5) Catcher Vessel Operational Area this section shall be limited to the (CVOA). The CVOA is defined as that amounts established under section part of the BSAI that is south of 56°00’ 211(b)(2)(B) of that Act and published in N. lat. and between 163°00’ W. long. and the FEDERAL REGISTER under para- 167°30’ W. long. (Figure 2 to part 679). graph (e)(6) of this section. (i) Effective time period. The CVOA is established annually during the B sea- * * * * * son, defined at § 679.23(e)(2)(I)(B), from (7) * * * September 1 until the date that NMFS (ix) Closures under the American Fish- closes the B season allocation for the eries Act prohibited species catch limita- inshore component in the BSAI to di- tions (applicable through July 19, 1999). rected fishing. When the Regional Administrator de- (ii) Offshore component in the BSAI re- termines that the catcher/processors strictions. A catcher/processor vessel in identified under section 208(e)(1) the offshore component is prohibited through (20) of the American Fisheries from conducting directed fishing for Act have caught the amount of any pollock in the CVOA unless it is oper- crab, halibut, or herring prohibited ating under a CDP approved by NMFS.
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(iii) Fisheries other than pollock. A Western Central vessel that harvests or processes Year (543) (542) (percent) (percent) groundfish in directed fisheries for spe- cies other than pollock may operate 2000 ...... 57 67 within the CVOA consistent with the 2001 ...... 48 46 other provisions of this part. 2002 and after ...... 40 40 (6) Pribilof Island Area Habitat Con- servation Zone. Trawling is prohibited (C) Duration of closure. A Steller sea at all times in the area defined in Fig- lion critical habitat area trawl closure ure 10 to this part as the Pribilof Island within a district will remain in effect Area Habitat Conservation Zone. until NMFS closes Atka mackerel to (7) Steller sea lion protection areas, Ber- directed fishing within the same dis- ing Sea Subarea and Bogoslof District—(i) trict. Year-round closures. Trawling is prohib- (D) CDQ fishing. Harvesting ground- ited within 10 nm of each of the eight fish CDQ with trawl gear is prohibited Steller sea lion rookeries shown in within areas designated as Steller sea Table 4a of this part. lion critical habitat in the Western (ii) Seasonal closures. During January and/or Central Districts of the AI (see 1 through April 15, or a date earlier Table 1, Table 2, and Figure 4 to part than April 15, if adjusted under § 679.20, 226 of this title) for an eligible vessel trawling is prohibited within 20 nm of listed on an approved CDP after the each of the six Steller sea lion rook- CDQ group has harvested the percent of eries shown in Table 4b of this part. the annual Atka mackerel CDQ speci- (8) Steller sea lion protection areas, fied for the year and district at para- Aleutian Islands Subarea—(i) 10-nm clo- graph (a)(8)(iii)(B) of this section. sures. Trawling is prohibited within 10 (9) Nearshore Bristol Bay Trawl Clo- nm of each of the 17 Steller sea lion sure. Directed fishing for groundfish by rookeries shown in Table 5a of this vessels using trawl gear in Bristol Bay, part. as described in the current edition of (ii) 20-nm closures. Trawling is prohib- NOAA chart 16006, is closed at all times ited within 20 nm of each of the two in the area east of 162°00′ W. long., ex- Steller sea lion rookeries shown in cept that the Nearshore Bristol Bay Table 5b of this part. Trawl Area defined in Figure 12 to this (iii) Western and Central Aleutian Is- part is open to trawling from 1200 hours lands critical habitat closures—(A) Gen- A.l.t., April 1 to 1200 hours A.l.t., June eral. Trawling is prohibited within 15 of each year. areas designated as Steller sea lion (10) Chum Salmon Savings Area. Trawl- critical habitat in the Western or Cen- ing is prohibited from August 1 tral Districts of the AI (see Table 1, through August 31 in the Chum Salmon Table 2, and Figure 4 to part 226 of this Savings area defined at title) when the Regional Administrator § 679.21(e)(7)(vi)(B). announces by notification in the FED- (b) GOA—(1) Kodiak Island, trawls ERAL REGISTER that the criteria for a other than pelagic trawls —(i) Type I clo- trawl closure in a district set out in sures. No person may trawl in waters of paragraph (a)(8)(iii)(B) of this section the EEZ within the vicinity of Kodiak have been met. Island, as shown in Figure 5 of this part (B) Criteria for closure. The trawl clo- as Type I areas, from a vessel having sures identified in paragraph any trawl other than a pelagic trawl ei- (a)(8)(iii)(A) of this section will take ef- ther attached or on board. fect when the Regional Administrator (ii) Type II closures. From February 15 determines that the harvest of a sea- to June 15, no person may trawl in wa- sonal allowance of Atka mackerel spec- ters of the EEZ within the vicinity of ified under § 679.20(a)(8)(ii)(A) reaches Kodiak Island, as shown in Figure 5 of the following percentage identified for this part as Type II areas, from a vessel each year and district: having any trawl other than a pelagic Western Central trawl either attached or on board. Year (543) (542) (iii) Type III closures. Type III areas (percent) (percent) are open to any trawl other than a pe- 1999 ...... 65 80 lagic trawl gear year round.
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(2) Steller sea lion protection areas—(i) (11) Steller sea lion protection areas, Year-round closures. Trawling is prohib- Bering Sea Subarea and Bogoslof District ited in the GOA within 10 nm of the 14 (applicable through July 19, 1999)—(i) Steller sea lion rookeries designated in Year-round trawl closures. Trawling is Table 6a of this part. prohibited within 10 nm of each of the (ii) Seasonal closures. During January eight Steller sea lion rookeries shown 1 through April 15, or a date earlier in Table 12 to this part. than April 15, if adjusted under (ii) Seasonal trawl closures. During § 679.20(d), trawling is prohibited in the January 1 through April 15, or a date GOA within 20 nm of each of the three earlier than April 15, if adjusted under Steller sea lion rookeries presented in § 679.20, trawling is prohibited within 20 Table 6b of this part. nm of each of the four Steller sea lion (c) Directed fishing closures. See rookeries shown in Table 12 to this § 679.20(d) and § 679.20(i). part. (d) Groundfish as prohibited species clo- (iii) Pollock closures (applicable sures. See § 679.20(d). through July 19, 1999). Directed fishing (e) Overfishing closures. See § 679.20(d). for pollock is prohibited within 10 or 20 (f) Prohibited species closures. See nm of each of the 25 Steller sea lion § 679.21. haulout and rookery sites shown in (g) [Reserved] Table 12 to this part. The radius in nm (h) CDQ Fisheries. See § 679.7(d)(6) and time period that each closure is in through (10) for time and area closures effect are shown in Table 12 to this that apply to the CDQ fisheries once part. salmon and crab PSQ amounts have (iv) Critical Habitat/Catcher Vessel been reached. Operational Area (CH/CVOA) conserva- (i) Forage fish closures. See tion zone (applicable through July 19, § 679.20(i)(3). 1999)—(A) General. Directed fishing for [61 FR 31230, June 19, 1996, as amended at 61 pollock by vessels catching pollock for FR 65988, Dec. 16, 1996; 62 FR 2046, Jan. 15, processing either by the inshore, off- 1997; 63 FR 13011, Mar. 17, 1998; 63 FR 30401, shore catcher processor, or mothership June 4, 1998; 63 FR 38502, July 17, 1998; 63 FR component is prohibited within the CH/ 47367, Sept. 4, 1998; 64 FR 3451, Jan. 22, 1999; CVOA conservation zone for the dura- 64 FR 3658, Jan. 25, 1999] tion of a fishing season when the Re- EFFECTIVE DATE NOTE: At 64 FR 3443, Jan. gional Administrator announces by no- 22, 1999, § 679.22 was amended by suspending tification in the FEDERAL REGISTER paragraph (a)(7) and (b)(2) and by adding that the criteria set out in paragraph paragraphs (a)(8)(iv), (a)(11), and (b)(3), effec- (a)(11)(iv)(C) of this section have been tive Jan. 20, 1999, through July 19, 1999. At 64 FR 7815, Feb. 17, 1999, paragraphs met by that industry component. (a)(11)(iv)(A), (a)(11)(iv)(C)(1), (a)(11)(iv)(C)(2), (B) Boundaries. The CH/CVOA con- and (b)(3)(iii), were corrected, effective Feb. servation zone consists of the area of 16, 1999. At 64 FR 9375, Feb. 25, 1999, table 3 the Bering Sea Subarea between 170°00′ in paragraph (C)(1) was corrected, effective W long. and 163°00′ W long., south of Jan. 20, 1999 through July 19, 1999. At 64 FR straight lines connecting the following 39087, July 21, 1999, the table in paragraph points in the order listed: (a)(11)(iv)(C)(1), was revised and the effective date was extended from July 19, 1999, 55°00′ N lat. 170°00′ W long.; through Dec. 31, 1999. At 64 FR 43297, Aug. 10, 55°00′ N lat. 168°00′ W long.; 1999, paragraph (a)(11)(iv)(C)(2) was corrected 55°30′ N lat. 168°00′ W long.; effective Aug. 10, 1999. For the convenience ° ′ ° ′ of the user the added text is set forth as fol- 55 30 N lat. 166 00 W long.; lows: 56°00′ N lat. 166°00′ W long.; and, 56°00′ N lat. 163°00′ W long. § 679.22 Closures. (C) Criteria for closure—(1) General. (a) * * * The directed fishing closures identified (8) Pollock closure (applicable through in paragraph (a)(11)(iv)(A) of this sec- July 19, 1999). Directed fishing for pol- tion will take effect when the Regional lock is prohibited at all times within Administrator determines that the the Aleutian Islands subarea. harvest of a seasonal allowance of pol- lock reaches a percentage specified in * * * * * the following table: 558
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Industry Sector (in percent) Fishing Season Catcher/ Inshore processor Mothership CDQ
A1 Season ...... 70 40 50 100 A2 Season ...... 70 40 50 100 B Season ...... 45 0 0 56 C Season ...... 63 0 0 56
(2) Inshore catcher vessels greater than REGISTER that the A season catch of 99 ft (30.2 m) LOA. The Regional Admin- pollock from within the Shelikof istrator will close directed fishing to Strait conservation zone reaches the inshore catcher vessels greater than 99 amount determined by paragraph ft (30.2 m) LOA prior to reaching the (b)(3)(iii)(C) of this section. inshore CH/CVOA limit to accommo- (B) Boundaries. The Shelikof Strait date fishing by vessels less than or conservation zone consists of the area equal to 99 ft (30.2 m) LOA inside the bound by straight lines and shoreline CH/CVOA conservation zone for the du- connecting the following coordinates ration of the inshore seasonal opening. in the following order: During the A1 and A2 and C seasons, ° ′ ° ′ the Regional Administrator will esti- 58 51 N lat. 153 15 W long. ° ′ ° ′ mate how much of the inshore A1 and 58 51 N lat. 152 00 W long. A2 and C seasonal allowance is likely and the intersection of 152°00′ W long. to be harvested by catcher vessels less with Afognak Island; aligned counter- than or equal to 99 ft (30.2 m) LOA and clockwise around the shoreline of Afog- reserve a sufficient amount of the nak, Kodiak, and Raspberry Islands to inshore CH/CVOA allowance to accom- modate fishing by such vessels after 57°00′ N lat. 154°00′ W long. the closure of the CH/CVOA conserva- 56°30′ N lat. 154°00′ W long. tion zone to vessels greater than 99 ft 56°30′ N lat. 155°00′ W long. (30.2 m) LOA. The CH/CVOA conserva- 56°00′ N lat. 155°00′ W long. tion zone will be closed to directed 56°00′ N lat. 157°00′ W long. fishing for all inshore catcher vessels and the intersection of 157°00′ W long. when the inshore limit specified in with the Alaska Peninsula. paragraph (a)(11)(iv)(C)(1) of this sec- (C) Determination of catch limit. The tion has been met. (b) * * * pollock catch limit for the Shelikof (3) Steller sea lion protection areas— Strait conservation zone will be pub- (applicable through July 19, 1999)—(i) lished in the annual specifications Year-round trawl closures. Trawling is under § 679.20(c) and is determined by prohibited in the GOA within 10 nm of calculating a ratio equal to the most the nine Steller sea lion rookeries recent estimate of pollock biomass in shown in Table 13 to this part. Shelikof Strait divided by the most re- (ii) Pollock closures (applicable through cent estimate of total pollock biomass July 19, 1999). Directed fishing for pol- in the GOA. NMFS will then multiply lock is prohibited within 10 nm of each by the overall pollock TAC for the GOA of the 45 Steller sea lion haulout and and further multiplied by the A season rookery sites shown in Table 13 to this apportionment of 30 percent. part. The radius in nm and time period that each closure is in effect are shown * * * * * in Table 13 to this part. (iii) Shelikof Strait conservation zone § 679.23 Seasons. (applicable through July 19, 1999)—(A) (a) Groundfish, general. Fishing for General. Directed fishing for pollock is groundfish in the GOA and BSAI is au- prohibited within the Shelikof Strait thorized from 0001 hours, A.l.t., Janu- conservation zone during the A season ary 1, through 2400 hours, A.l.t., De- defined at § 679.23(d)(3) when the Re- cember 31, subject to the other provi- gional Administrator announces sions of this part, except as provided in through notification in the FEDERAL paragraph (c) of this section.
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(b) Time of groundfish openings and nent in the BSAI, or by vessels catch- closures. The time of all openings and ing pollock for processing by the off- closures of fishing seasons, other than shore component in the BSAI, is au- the beginning and end of the calendar thorized from 1200 hours A.l.t. January fishing year, is 1200 hours, A.l.t. 26 through 1200 A.l.t. April 15. (c) GOA and BSAI trawl groundfish. (B) Offshore A season ‘‘fair start’’ re- Notwithstanding other provisions of quirement. Directed fishing for pollock this part, fishing for groundfish with by the offshore component in the BSAI, trawl gear in the GOA and BSAI is pro- or by vessels catching pollock for proc- hibited from 0001 hours, A.l.t., January essing by the offshore component in 1, through 1200 hours, A.l.t., January the BSAI, is prohibited through 1200 20. hours A.l.t., February 5, for any vessel (d) GOA groundfish seasons—(1) Di- that is used to fish in a non-CDQ fish- rected fishing for trawl rockfish. Directed ery for groundfish in the BSAI or GOA, fishing for rockfish with trawl gear is or for king or Tanner crab in the BSAI authorized from 1200 hours, A.l.t., on prior to 1200 hours, A.l.t., January 26 of the first day of the third quarterly re- the same year. porting period of a fishing year (iii) B season ‘‘fair start’’ requirement. through 2400 hours, A.l.t., December 31, Directed fishing for pollock is prohib- subject to other provisions of this part. ited from 1200 hours, A.l.t., September (2) Directed fishing for pollock. Subject 1, through 1200 hours, A.l.t., September to other provisions of this part, di- 8, for any vessel that is used to fish for rected fishing for pollock in the West- groundfish with trawl gear in a non- ern and Central Regulatory Areas is CDQ fishery in the BSAI or GOA be- authorized only during the three sea- tween 1200 hours, A.l.t., August 25, and sons: 1200 hours, A.l.t., September 1. (i) From 0001 hours, A.l.t., January 1, (3) Directed fishing for Atka mackerel through 1200 hours, A.l.t., April 1; with trawl gear. Subject to other provi- (ii) From 1200 hours, A.l.t., June 1, sions of this part, directed fishing for through 1200 hours, A.l.t., July 1; and Atka mackerel with trawl gear in the (iii) From 1200 hours, A.l.t., Sep- Aleutian Islands Subarea is authorized tember 1, through 2400 hours, A.l.t., De- only during the following two seasons: cember 31. (i) A season. From 0001 hours, A.l.t., (e) BSAI groundfish seasons—(1) Di- January 1, through 1200 hours, A.l.t., rected fishing for arrowtooth flounder and April 15; Greenland turbot. Directed fishing for (ii) B season. From 1200 hours, A.l.t., arrowtooth flounder and Greenland September 1, through 1200 hours, A.l.t., turbot in the BSAI is authorized from November 1. 1200 hours, A.l.t., May 1, through 2400 (4) CDQ fishing seasons. (i) Halibut hours, A.l.t., December 31, subject to CDQ. Fishing for CDQ halibut with the other provisions of this part. fixed gear under an approved CDQ allo- (2) Directed fishing for pollock. (i) Sub- cation may begin on the effective date ject to other provisions of this part, of the allocation, except that CDQ fish- and except as provided in paragraphs ing may occur only during the fishing (e)(2)(ii) and (e)(2)(iii) of this section, periods specified in the annual manage- directed fishing for pollock is author- ment measures published in the FED- ized only during the following two sea- ERAL REGISTER pursuant to § 300.62 of sons: chapter III of this title. (A) A season. From 0001 hours A.l.t. (ii) Sablefish CDQ. Fishing for CDQ January 1 through 1200 hours A.l.t. sablefish with fixed gear under an ap- April 15. proved CDQ allocation may begin on (B) B season. From 1200 hours A.l.t. the effective date of the allocation, ex- September 1 through 1200 hours A.l.t. cept that it may occur only during the November 1. IFQ fishing season specified in para- (ii) Offshore component in the BSAI re- graph (g)(1) of this section. strictions (applicable through December (iii) Groundfish CDQ. Fishing for 31, 2004)—(A) Offshore A season. Subject groundfish CDQ species, other than to other provisions of this part, di- fixed gear sablefish CDQ under subpart rected fishing by the offshore compo- C of this part, is authorized from 0001
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hours, A.l.t., January 1, through the when determining the opening date for end of each fishing year, except as pro- sablefish for the purposes of reducing vided in paragraph (c) of this section. bycatch and regulatory discards be- (f) IFQ halibut. The fishing period(s) tween the two fisheries. for IFQ halibut are established by the (2) Catches of sablefish by fixed gear IPHC and are specified in the annual during other periods may be retained management measures published in the up to the amounts provided for by the FEDERAL REGISTER pursuant to § 300.62 directed fishing standards specified at of chapter III of this title. Catches of § 679.20 when made by an individual halibut by fixed gear at times other aboard the vessel who has a valid IFQ than during the specified fishing peri- card and unused IFQ in the account on ods must be treated as prohibited spe- cies as prescribed at § 679.21(b). which the card was issued. (g) IFQ sablefish. (1) Directed fishing (3) Catches of sablefish in excess of for sablefish using fixed gear in any the maximum retainable bycatch IFQ regulatory area may be conducted amounts and catches made without in any fishing year during the period IFQ must be treated in the same man- specified by the Regional Adminis- ner as prohibited species as defined at trator and announced by publication in § 679.21(b). the FEDERAL REGISTER. The Regional (h) Stand down requirements for trawl Administrator will take into account catcher vessels transiting between the the opening date of the halibut season BSAI and GOA.
You are prohibited from subse- If you own or operate a catcher vessel and quently deploying trawl gear in Until* * * fish for groundfish with trawl gear in the* * * the* * *
(1) BSAI while pollock or Pacific cod is open Western and Central Regulatory 1200 hours A.l.t. on the third day after the to directed fishing in the BSAI. Areas of the GOA. date of landing or transfer of all ground- fish on board the vessel harvested in the BSAI, unless you are engaged in directed fishing for Pacific cod in the GOA for processing by the offshore component. (2) Western Regulatory Area of the GOA BSAI ...... 1200 hours A.l.t. on the third day after the while pollock or inshore Pacific cod is open date of landing or transfer of all ground- to directed fishing in the Western Regu- fish on board the vessel harvested in the latory Area of the GOA. Western Regulatory Area of the GOA, un- less you are participating in a CDQ fish- ery. (3) Central Regulatory Area of the GOA while BSAI ...... 1200 hours A.l.t. on the second day after pollock or inshore Pacific cod is open to di- the date of landing or transfer of all rected fishing in the Central Regulatory groundfish on board the vessel harvested Area of the GOA. in the Central Regulatory Area of the GOA, unless you are participating in a CDQ fishery.
[61 FR 31230, June 19, 1996, as amended at 61 the convenience of the user the added text is FR 35579, July 5, 1996; 61 FR 39602, July 30, set forth as follows: 1996; 62 FR 2046, Jan. 15, 1997; 63 FR 11168, Mar. 6, 1998; 63 FR 30401, June 4, 1998; 63 FR § 679.23 Seasons. 47368, Sept. 4, 1998; 63 FR 48642, Sept. 11, 1998; 64 FR 3452, Jan. 22, 1999; 64 FR 3658, Jan. 25, * * * * * 1999; 64 FR 20214, Apr. 26, 1999] (d) * * * EFFECTIVE DATE NOTE: At 64 FR 3444, Jan. 22, 1999, § 679.23 was amended by suspending (3) Directed fishing for pollock (applica- paragraphs (d)(2) and (e)(2) and by adding ble through July 19, 1999). Subject to paragraphs (d)(3) and (e)(4), effective Jan. 20, other provisions of this part, directed 1999, through July 19, 1999. At 64 FR 7815, Feb fishing for pollock in the Western and 17, 1999, paragraph (e)(4) was redesignated as Central Regulatory Areas is authorized (e)(5), effective Feb. 16, 1999. At 64 FR 39087, only during the following four seasons: 39089, July 21, 1999, paragraph (e)(5)(ii)(B) was (i) A season. From 1200 hours, A.l.t., revised and paragraph (e)(5)(ii)(C) was re- January 20, through 1200 hours, A.l.t., moved, and the effective date was extended from July 19, 1999, through Dec. 31, 1999. For April 1;
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(ii) B season. From 1200 hours, A.l.t., FEDERAL REGISTER pursuant to § 300.62 June 1, through 1200 hours, A.l.t., July of chapter III of this title. 1; (a) Marking of gear—longline marker (iii) C season. From 1200 hours, A.l.t., buoys. (1) All longline marker buoys September 1, within a statistical area carried on board or used by any vessel until the date of closure of the statis- regulated under this part shall be tical area to directed fishing, or 1200 marked with the following: hours, A.l.t., October 1, whichever (i) The vessel’s name; and comes first. (ii) The vessel’s Federal fisheries per- (iv) D season. From 1200 hours, A.l.t., mit number; or 5 days after the closure of the C season (iii) The vessel’s registration number. in a statistical area until 1200 hours, (2) Markings shall be in characters at A.l.t., November 1. least 4 inches (10.16 cm) in height and (e) * * * 0.5 inch (1.27 cm) in width in a con- (5) Directed fishing for pollock in the trasting color visible above the water Bering Sea Subarea (applicable through line and shall be maintained so the July 19, 1999)—(i) Inshore and offshore markings are clearly visible. catcher/processor components. Subject to (b) (1) (i) other provisions of this part, directed Gear restrictions— Pots— Bio- fishing for pollock by vessels catching degradable panel. Each pot used to fish pollock for processing by the inshore for groundfish must be equipped with a component and by the offshore catcher biodegradable panel at least 18 inches processor component in the Bering Sea (45.72 cm) in length that is parallel to, Subarea is authorized only during the and within 6 inches (15.24 cm) of, the following four seasons: bottom of the pot, and that is sewn up (A) A1 season. From 1200 hours, A.l.t., with untreated cotton thread of no January 20, through 1200 hours, A.l.t., larger size than No. 30. February 15; (ii) Tunnel opening. Each pot used to (B) A2 season. From 1200 hours, A.l.t., fish for groundfish must be equipped February 20, through 1200 hours, A.l.t., with rigid tunnel openings that are no April 15; wider than 9 inches (22.86 cm) and no (C) B season. From 1200 hours, A.l.t., higher than 9 inches (22.86 cm), or soft August 1, through 1200 hours, A.l.t., tunnel openings with dimensions that September 15; and, are no wider than 9 inches (22.86 cm). (D) C season. From 1200 hours, A.l.t., (iii) Longline pot gear. Any person September 15, through 1200 hours, using longline pot gear must treat any A.l.t., November 1. catch of groundfish as a prohibited spe- (ii) Mothership component. Subject to cies, except: other provisions of this part, directed (A) In the Aleutian Islands subarea. fishing for pollock by vessels catching (B) While directed fishing for sable- pollock for processing by the offshore fish in the Bering Sea subarea, except mothership component in the Bering as provided in paragraph (c)(4)(ii) of Sea Subarea is authorized only during this section. the following three seasons: (2) Net-sounder device. Each person (A) A season. From 1200 hours, A.l.t., trawling in any GOA area limited to February 1, through 1200 hours, A.l.t., pelagic trawling under § 679.22 must April 15; maintain on that trawl a properly (B) Combined B/C season. From 1200 functioning, recording net-sounder de- hours, A.l.t., September 1, through 1200 vice, and must retain all net-sounder hours, A.l.t., November 1. recordings on board the fishing vessel during the fishing year. * * * * * (3) Trawl footrope. No person trawling in any GOA area limited to pelagic § 679.24 Gear limitations. trawling under § 679.22 may allow the Regulations pertaining to vessel and footrope of that trawl to be in contact gear markings are set forth in this sec- with the seabed for more than 10 per- tion and as prescribed in the annual cent of the period of any tow, as indi- management measures published in the cated by the net-sounder device.
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(c) Gear restrictions for sablefish—(1) (ii) Groundfish shall not be possessed Gear allocations. Gear allocations of sa- on board when trawl gear testing. blefish TAC are set out under § 679.20. (iii) Observers aboard vessels during (2) GOA Eastern Area—(i) General. (A) the time spent trawl gear testing shall No person may use any gear other than not fulfill observer requirements at hook-and-line and trawl gear when subpart E of this part. fishing for sablefish in the GOA East- (3) Criteria. The establishment of test ern Area. areas must comply with the following (B) No person may use any gear other criteria: than hook-and-line gear to engage in (i) Depth and bottom type must be directed fishing for sablefish. suitable for testing the particular gear (ii) Sablefish as prohibited species—(A) type. Trawl gear. When operators of vessels (ii) The areas must be outside State using trawl gear have harvested 5 per- waters. cent of the TAC for sablefish in the (iii) The areas must be in locations GOA Eastern Regulatory Area during not normally closed to fishing with any year, further trawl catches of sa- that gear type. blefish must be treated as prohibited (iv) The areas must be in locations species as provided by § 679.21(b). that are not usually fished heavily by (B) Other gear. Operators of vessels that gear type. using gear types other than those spec- (v) The areas must not be within a ified in paragraph (c)(2)(i) of this sec- designated Steller sea lion protection tion in the GOA Eastern Regulatory area at any time of the year. Area must treat any catch of sablefish (4) Test areas. Trawl gear testing is as a prohibited species as provided by allowed in the following areas (Figure 7 § 679.21(b). of this part) bounded by straight lines (3) GOA Central and Western Areas; sa- connecting the coordinates in the order blefish as prohibited species. Operators of listed, at all times: vessels using gear types other than (i) Kodiak Test Area. hook-and-line and trawl gear in the 57°37′ N. lat., 152°02′ W. long. GOA Central and Western Regulatory 57°37′ N. lat., 151°25′ W. long. Areas must treat any catch of sablefish 57°23′ N. lat., 151°25′ W. long. ° ′ ° ′ in these areas as a prohibited species as 57 23 N. lat., 152 02 W. long. 57°37′ N. lat., 152°02′ W. long. provided by § 679.21(b). (4) BSAI. (i) Operators of vessels (ii) Sand Point Test Area. using gear types other than hook-and- 54°50′ N. lat., 161°00′ W. long. line, longline pot, pot-and-line, or 54°50′ N. lat., 160°30′ W. long. trawl gear in the BSAI must treat sa- 54°35′ N. lat., 160°30′ W. long. blefish as a prohibited species as pro- 54°35′ N. lat., 161°00′ W. long. vided by § 679.21(b). 54°50′ N. lat., 161°00′ W. long. (ii) Longline pot gear is prohibited in (iii) Bering Sea Test Area. directed fishing for sablefish from 0001 ° ′ ° ′ hrs, A.l.t., on June 1 until 1200 hrs, 55 00 N. lat., 167 00 W. long. 55°00′ N. lat., 166°00′ W. long. A.l.t., on June 30. 54°40′ N. lat., 166°00′ W. long. (d) Trawl gear test areas—(1) General. 54°40′ N. lat., 167°00′ W. long. For purposes of allowing pelagic and 55°00′ N. lat., 167°00′ W. long. nonpelagic trawl fishermen to test (e) Seabird avoidance gear and methods trawl fishing gear, NMFS may estab- for hook-and-line vessels fishing for lish, after consulting with the Council, groundfish—(1) Applicability. The oper- locations for the testing of trawl fish- ator of a vessel that is required to ob- ing gear in areas that would otherwise tain a Federal fisheries permit under be closed to trawling. § 679.4(b)(1) must comply with the (2) Trawl gear testing. For the pur- seabird avoidance measures in para- poses of this section, ‘‘trawl gear test- graphs (e)(2) and (e)(3) of this section ing’’ means deploying trawl gear in while fishing for groundfish with hook- areas designated in this paragraph (d) and-line gear in the BSAI, in the GOA, under the following conditions. or in waters of the State of Alaska that (i) The codend shall be unzipped are shoreward of the BSAI and the while trawl gear testing. GOA.
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(2) The operator of a vessel described that vessel described in paragraph in paragraph (e)(1) of this section must (e)(1) of this section must employ one conduct fishing operations in the fol- or more of the following seabird avoid- lowing manner: ance measures: (i) Use hooks that when baited, sink (i) Tow a streamer line or lines dur- as soon as they are put in the water. ing deployment of gear to prevent birds (ii) If offal is discharged while gear is from taking hooks; being set or hauled, it must be dis- (ii) Tow a buoy, board, stick or other charged in a manner that distracts device during deployment of gear, at a seabirds from baited hooks, to the ex- distance appropriate to prevent birds tent practicable. The discharge site on board a vessel must be either aft of the from taking hooks. Multiple devices hauling station or on the opposite side may be employed; of the vessel from the hauling station. (iii) Deploy hooks underwater (iii) Make every reasonable effort to through a lining tube at a depth suffi- ensure that birds brought on board cient to prevent birds from settling on alive are released alive and that wher- hooks during deployment of gear; or ever possible, hooks are removed with- (iv) Deploy gear only during the out jeopardizing the life of the birds. hours specified below, using only the (3) For a vessel greater than or equal minimum vessel’s lights necessary for to 26 ft (7.9 m) LOA, the operator of safety.
HOURS THAT HOOK-AND-LINE GEAR CAN BE DEPLOYED FOR SPECIFIED LONGITUDES ACCORDING TO PARAGRAPH (E)(2)(IV) OF THIS SECTION [Hours are Alaska local time]
Longitude Calendar month Shoreward to ° ° 150°W 151 to 165 W 166 to 180 W
January ...... 1800±0700 1900±0800 2000±0900 February ...... 1900±0600 2000±0700 2100±0800 March ...... 2000±0500 2100±0600 2200±0700 April ...... 2100±0400 2200±0500 2300±0600 May ...... 2200±0300 2300±0400 2400±0500 June ...... (1)(1)(1) July ...... (2)(2)(2) August ...... 2200±0400 2300±0500 2400±0600 September ...... 2000±0500 2100±0600 2200±0700 October ...... 1900±0600 2000±0700 2100±0800 November ...... 1800±0700 1900±0800 2000±0900 December ...... 1700±0700 1800±0800 1900±0900 1 This measure cannot be exercised during June. 2 This measure cannot be exercised during July.
[61 FR 31230, June 19, 1996, as amended at 61 (iv) Interim closures of statistical FR 35579, July 5, 1996; 61 FR 49077, Sept. 18, areas, or portions thereof, to directed 1996; 62 FR 23183, Apr. 29, 1997; 63 FR 11167, fishing for specified groundfish species. Mar. 6, 1998] (2) Determinations. (i) Any inseason § 679.25 Inseason adjustments. adjustment taken under paragraphs (a)(1)(i), (ii), or (iii) of this section (a) General—(1) Types of adjustments. must be based on a determination that Inseason adjustments issued by NMFS such adjustments are necessary to pre- under this section include: vent: (i) Closure, extension, or opening of a (A) Overfishing of any species or season in all or part of a management stock of fish or shellfish; area. (B) Harvest of a TAC for any ground- (ii) Modification of the allowable fish species or the taking of a PSC gear to be used in all or part of a man- limit for any prohibited species that, agement area. on the basis of the best available sci- (iii) Adjustment of TAC and PSC lim- entific information, is found by NMFS its. to be incorrectly specified; or
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(C) Underharvest of a TAC or gear based upon the best available scientific share of a TAC for any groundfish spe- information concerning the biological cies when catch information indicates stock status of the species in question that the TAC or gear share has not and that the currently specified TAC or been reached. PSC limit is incorrect. Any adjustment (ii) Any inseason closure of a statis- to a TAC or PSC limit must be reason- tical area, or portion thereof, under ably related to the change in biological paragraph (a)(1)(iv) of this section, stock status. must be based upon a determination (v) The inseason closure of a statis- that such closures are necessary to pre- tical area, or a portion thereof, under vent: paragraph (a)(1)(iv) of this section shall (A) A continuation of relatively high not extend beyond a 60-day period un- bycatch rates of prohibited species less information considered under para- specified under § 679.21(b) in a statis- graph (b) of this section warrants an tical area, or portion thereof; extended closure period. Any closure of (B) Take of an excessive share of PSC a statistical area, or portion thereof, to limits or bycatch allowances estab- reduce prohibited species bycatch rates lished under § 679.21(d) and (e) by ves- requires a determination by the Re- sels fishing in a statistical area, or por- gional Administrator that the closure tion thereof; is based on the best available scientific (C) Closure of one or more directed information concerning the seasonal fisheries for groundfish due to exces- distribution and abundance of prohib- sive prohibited species bycatch rates occurring in a specified fishery oper- ited species and bycatch rates of pro- ating within all or part of a statistical hibited species associated with various area; or groundfish fisheries. (D) Premature attainment of estab- (b) Data. All information relevant to lished PSC limits or bycatch allow- one or more of the following factors ances and associated loss of oppor- may be considered in making the deter- tunity to harvest the groundfish OY. minations required under paragraphs (iii) The selection of the appropriate (a)(2)(i) and (ii) of this section: inseason management adjustments (1) The effect of overall fishing effort under paragraphs (a)(1)(i) and (ii) of within a statistical area; this section must be from the following (2) Catch per unit of effort and rate of authorized management measures and harvest; must be based upon a determination by (3) Relative distribution and abun- the Regional Administrator that the dance of stocks of groundfish species management adjustment selected is and prohibited species within all or the least restrictive necessary to part of a statistical area; achieve the purpose of the adjustment: (4) Condition of a stock in all or part (A) Any gear modification that would of a statistical area; protect the species in need of conserva- (5) Inseason prohibited species by- tion, but that would still allow other catch rates observed in groundfish fish- fisheries to continue; eries in all or part of a statistical area; (B) An inseason adjustment that (6) Historical prohibited species by- would allow other fisheries to continue catch rates observed in groundfish fish- in noncritical areas and time periods; eries in all or part of a statistical area; (C) Closure of a management area and season to all groundfish fishing; or (7) Economic impacts on fishing busi- (D) Reopening of a management area nesses affected; or or season to achieve the TAC or gear (8) Any other factor relevant to the share of a TAC for any of the target conservation and management of species or the ‘‘other species’’ cat- groundfish species or any incidentally egory. caught species that are designated as (iv) The adjustment of a TAC or PSC prohibited species or for which a PSC limit for any species under paragraph limit has been specified. (a)(1)(iii) of this section must be based (c) Procedure. (1) No inseason adjust- upon a determination by the Regional ment issued under this section will Administrator that the adjustment is take effect until—
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(i) NMFS has filed the proposed ad- (2) (Applicable through December 31, justment for public inspection with the 2000) Halibut delivered by catcher ves- Office of the Federal Register; and sels using trawl gear to shoreside proc- (ii) NMFS has published the proposed essors. adjustment in the FEDERAL REGISTER (b) Authorized distributors—(1) Applica- for public comment for a period of 30 tion. An applicant seeking to become days before it is made final, unless an authorized distributor must provide NMFS finds for good cause that such the Regional Administrator with the notification and public procedure is following information: impracticable, unnecessary, or con- (i) Proof of the applicant’s tax-ex- trary to the public interest. empt status. (2) If NMFS decides, for good cause, (ii) A description of the arrange- that an adjustment is to be made with- ments for processing, shipping, storing, out affording a prior opportunity for and transporting donated fish and an public comment, public comments on estimate of the associated costs. the necessity for, and extent of, the ad- (iii) A statement describing the ap- justment will be received by the Re- plicant’s expertise in providing for the gional Administrator for a period of 15 distribution of food product from re- days after the effective date of notifi- mote Alaskan locations to hunger re- cation. lief agencies, food bank networks, or (3) During any such 15-day period, the food bank distributors, including ar- Regional Administrator will make rangements for transportation, dis- available for public inspection, during tribution costs, and product quality business hours, the aggregate data control. upon which an adjustment was based. (iv) Documentation of support from (4) If written comments are received cold storage and transportation facili- during any such 15-day period that op- ties. pose or protest an inseason adjustment (v) A proposed operating budget that issued under this section, NMFS will is adequate to ensure that fish donated reconsider the necessity for the adjust- under this program will be distributed ment and, as soon as practicable after to hunger relief agencies, food bank that reconsideration, will either— networks, or food bank distributors and that the fish will be maintained in (i) Publish in the FEDERAL REGISTER notification of continued effectiveness a manner fit for human consumption. of the adjustment, responding to com- (vi) Proof of the applicant’s ability to ments received; or obtain and maintain adequate funding for the distribution of salmon under (ii) Modify or rescind the adjustment. the PSD program. (5) Notifications of inseason adjust- (vii) A copy of the applicant’s arti- ments issued by NMFS under para- cles of incorporation and bylaws show- graph (a) of this section will include ing that the purpose of the applicant the following information: includes providing food resources to (i) A description of the management hunger relief agencies, food bank net- adjustment. works, or food bank distributors. (ii) Reasons for the adjustment and (viii) Proof of the applicant’s ability the determinations required under to take full responsibility for the docu- paragraph (a)(2)(i) of this section. mentation and disposition of fish re- (iii) The effective date and any ter- ceived under the PSD program, includ- mination date of such adjustment. If ing sufficient liability insurance to no termination date is specified, the cover public interests relating to the adjustment will terminate on the last quality of fish distributed for human day of the fishing year. consumption. (ix) Quality control criteria to be fol- § 679.26 Prohibited Species Donation lowed by vessels, processors, hunger re- Program. lief agencies, food bank networks, and (a) Authorized species. The PSD pro- food bank distributors. gram applies only to the following spe- (x) The number of vessels and proc- cies: essors that the applicant is capable of (1) Salmon. administering effectively.
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(xi) A list of all vessels and proc- ministrator will announce the selec- essors, food bank networks and food tion of authorized distributor(s) in the bank distributors participating in the FEDERAL REGISTER and will issue PSD PSD program. The list of vessels and permit(s). processors must include: (ii) The Regional Administrator may (A) The vessel’s or processor’s Fed- impose additional terms and conditions eral fisheries permit number or Federal on a PSD permit consistent with the processor permit number. objectives of the PSD program. (B) The name of the vessel owner or (iii) A PSD permit may be suspended, responsible operator or the name of the modified, or revoked, under 15 CFR owner or plant manager of the proc- part 904 for noncompliance with terms essor. and conditions specified in the permit (C) The vessel’s or processor’s tele- or for a violation of this section or phone number and fax number. other regulations in this part. (D) The signature of the vessel owner (iv) Effective period—(A) Salmon. A or responsible operator or the owner or PSD permit for salmon remains in ef- plant manager of the processor. fect for a 3-year period after the selec- (xii) A signed statement from the ap- tion notice is published in the FEDERAL plicant and from all persons who are REGISTER unless suspended or revoked. listed under paragraph (b)(1)(xi) of this A PSD permit issued to an authorized section and who would conduct activi- distributor may be renewed following ties pursuant to the PSD permit the application procedures in this sec- waiving any and all claims against the tion. United States and its agents and em- (B) A PSD permit issued for halibut ployees for any liability for personal will expire December 31, 2000. injury, death, sickness, damage to (v) If the authorized distributor property directly or indirectly due to modifies any information on the PSD activities conducted under the PSD permit application submitted under program. paragraph (b)(1)(xi) or (b)(1)(xiii) of this (xiii) A list of locations where fish section, the authorized distributor must be delivered by participating ves- must submit a modified list of partici- sels and processors. pants or a modified list of delivery lo- (xiv) A separate application must be cations to the Regional Administrator. submitted for each species listed under (c) Reporting and recordkeeping re- paragraph (a) of this section that the quirements. (1) A vessel or processor re- applicant seeks to distribute. taining prohibited species under the (2) Selection. The Regional Adminis- PSD program must comply with all ap- trator may select one or more tax-ex- plicable recordkeeping and reporting empt organizations to be authorized requirements. A vessel or processor distributors under the PSD program participating in the PSD program must based on the information submitted by comply with applicable regulations at applicants under paragraph (b)(1) of §§ 679.7(c)(1) and 679.21(c) that allow for this section. The number of authorized the collection of data and biological distributors selected by the Regional sampling by a NMFS-certified observer Administrator will be based on the fol- prior to processing any fish under the lowing criteria: PSD program. (i) The number and qualifications of (2) Prohibited species retained under applicants for PSD permits. the PSD program must be packaged, (ii) The number of harvesters and the and all packages must be labeled with quantity of fish that applicants can ef- the date of processing, the name of the fectively administer. processing facility, the contents and (iii) The anticipated level of bycatch the weight of the fish contained in the of prohibited species listed under para- package, and the words, ‘‘NMFS PRO- graph (a) of this section. HIBITED SPECIES DONATION PRO- (iv) The potential number of vessels GRAM - NOT FOR SALE - PERISH- and processors participating in the ABLE PRODUCT - KEEP FROZEN’’. groundfish trawl fisheries. (3) A processor retaining or receiving (3) SDP Permit. (i) After review of fish under the PSD program and an au- qualified applicants, the Regional Ad- thorized distributor must keep on file
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and make available for inspection by cation under this section, unless the an authorized officer all documenta- vessel or processor and delivery loca- tion, including receipt and cargo mani- tion is included on the list provided to fests setting forth the origin, weight, the Regional Administrator under and destination of all prohibited spe- paragraph (b)(1)(xi), (b)(1)(xiii) or cies bycatch. Such documentation (b)(3)(v) of this section. must be retained until 1 year after the effective period of the PSD permit. [61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 1998] (d) Processing, handling, and distribu- tion. (1) Processing and reprocessing of § 679.27 Improved Retention/Improved all fish retained under the PSD Pro- Utilization Program. gram must be carried out under the di- rection of the authorized distributor. A (a) Applicability. The owner or oper- processor retaining or receiving fish ator of a vessel that is required to ob- under the PSD Program, at a min- tain a Federal fisheries or processor imum, must head, gut, and freeze the permit under § 679.4 must comply with fish in a manner that makes it fit for the IR/IU program set out in this sec- human consumption. tion while fishing for groundfish in the (2) Fish that are determined to be GOA or BSAI, fishing for groundfish in unfit for human consumption prior to waters of the State of Alaska that are delivery to an authorized distributor shoreward of the GOA or BSAI, or when must be discarded under § 679.21(b). processing groundfish harvested in the Fish that are determined to be unfit GOA or BSAI. for human consumption after delivery (b) IR/IU species. The following spe- to the authorized distributor must be cies are defined as ‘‘IR/IU species’’ for destroyed in accordance with applica- the purposes of this section: ble sanitation laws and regulations. (1) Pollock. (3) Authorized distributors and per- (2) Pacific cod. sons conducting activities supervised (3) Rock sole in the BSAI (beginning by authorized distributors may retain January 1, 2003). prohibited species only for the purpose (4) Yellowfin sole in the BSAI (begin- of processing and delivering the prohib- ning January 1, 2003). ited species to hunger relief agencies, (5) Shallow-water flatfish species food networks or food distributors as complex in the GOA as defined in the provided by this section. Such persons annual harvest specifications for the may not consume or retain prohibited GOA (beginning January 1, 2003). species for personal use and may not (c) Minimum retention requirements— sell, trade or barter, or attempt to sell, (1) Definition of retain on board. Not- trade or barter any prohibited species withstanding the definition at 50 CFR that is retained under the PSD pro- 600.10, for the purpose of this section, gram. to retain on board means to be in pos- (4) No prohibited species that has session of on board a vessel. been sorted from a vessel’s catch or (2) The following table displays min- landing may be retained by a vessel or imum retention requirements by vessel processor, or delivered to a delivery lo- category and directed fishing status:
If you own or operate a And You must retain on board until lawful transfer
(i) Catcher vessel ...... (A) Directed fishing for an IR/IU species is open all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is pro- all fish of that species brought on board the hibited. vessel up to the MRB amount for that spe- cies. (C) Retention of an IR/IU species is prohibited no fish of that species. (ii) Catcher/ processor ...... (A) Directed fishing for an IR/IU species is open a primary product from all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is pro- a primary product from all fish of that species hibited. brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRB amount for that species. (C) Retention of an IR/IU species is prohibited no fish or product of that species.
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If you own or operate a And You must retain on board until lawful transfer
(iii) Mothership ...... (A) Directed fishing for an IR/IU species is open a primary product from all fish of that species brought on board the vessel. (B) Directed fishing for an IR/IU species is pro- a primary product from all fish of that species hibited. brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRB amount for that species. (C) Retention of an IR/IU species is prohibited no fish or product of that species.
(d) Bleeding codends and shaking ucts that were transferred from an- longline gear. Any action intended to other vessel is prohibited. discard or release an IR/IU species (g) IR/IU species as bait. IR/IU species prior to being brought on board the may be used as bait provided that the vessel is prohibited. This includes, but deployed bait is physically secured to is not limited to bleeding codends and authorized fishing gear. Dumping of shaking or otherwise removing fish unsecured IR/IU species as bait (chum- from longline gear. ming) is prohibited. (e) At-sea discard of product. Any (h) Previously caught fish. The reten- product from an IR/IU species may not tion and utilization requirements of this section do not apply to incidental be discarded at sea, unless such dis- catch of dead or decomposing fish or carding is necessary to meet other re- fish parts that were previously caught quirements of this part. and discarded at sea. (f) Discard of fish or product trans- (i) Minimum utilization requirements. If ferred from other vessels. The retention you own or operate a catcher/processor requirements of this section apply to or mothership, the minimum utiliza- all IR/IU species brought on board a tion requirement for an IR/IU species vessel, whether harvested by that ves- harvested in the BSAI is determined by sel or transferred from another vessel. the directed fishing status for that spe- At-sea discard of IR/IU species or prod- cies according to the following table:
then your total weight of retained or lawfully transferred If * * * products produced from your catch or receipt of that IR/IU species during a fishing trip must * * *
(1) directed fishing for an IR/IU species is open, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip. (2) directed fishing for an IR/IU species is prohibited, equal or exceed 15 percent of the round-weight catch or round-weight delivery of that species during the fishing trip or 15 percent of the MRB amount for that species, whichever is lower. (3) retention of an IR/IU species is prohibited, equal zero.
[62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997]
§ 679.28 Equipment and operational (b) Scales used to weigh catch at sea. In requirements for catch weight order to be approved by NMFS a scale measurement. used to weigh catch at sea must meet (a) Applicability. This section con- the type evaluation requirements set tains the requirements for scales, ob- forth in paragraph (b)(1) of this section server sampling stations, and bins for and the initial inspection and annual volumetric estimates approved by reinspection requirements set forth in NMFS and requirements for scales ap- paragraph (b)(2) of this section. Once a proved by the State of Alaska. This scale is installed on a vessel and ap- section does not require any vessel or proved by NMFS for use to weigh catch processor to provide this equipment. at sea, it must be reinspected annually Such requirements appear elsewhere in and must be tested daily and meet the this part.
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maximum permissible error (MPE) re- (D) Name and address of government quirements described in paragraph agency accrediting the laboratory. (b)(3) of this section. (E) Name and signature of person re- (1) List of scales eligible for approval. sponsible for evaluation of the scale The model of scale must be included on and the date of signature. the Regional Administrator’s list of (iii) Checklist. A completed checklist scales eligible to be approved for indicating that all applicable technical weighing catch at sea before an inspec- and performance standards in appendix tor will schedule or conduct a scale in- A to this part and the laboratory tests spection under paragraph (b)(2) of this in the annex to appendix A to this part section. A scale will be included on the have been met. list when the Regional Administrator (iv) Verification of test results. receives the information specified in Verification that a scale meets the lab- paragraphs (b)(1)(i) through (iv) of this oratory evaluation and testing require- section. This information identifies ments in appendix A of this part and and describes the scale, sets forth con- each of the influence quantity and dis- tact information regarding the manu- turbance tests as specified in the annex facturer, and sets forth the results of to appendix A to this part: required type evaluations and testing. (A) Test results and data on forms Type evaluation and testing must be supplied by NMFS; conducted by a laboratory accredited (B) National Type Evaluation Pro- by the government of the country in gram (NTEP) Certificates of Conform- which the tests are conducted. ance, test results and data for a compo- (i) Information about the scale. (A) nent of a scale or for the entire device. Name of scale manufacturer. NTEP Certificates of Conformance, (B) Name of manufacturer’s rep- test results, and data may be sub- resentative. mitted only in lieu of the specific influ- (C) Mailing address of scale manufac- ence factor tests conducted to obtain turer and manufacturer’s representa- the NTEP Certificates of Conformance. tive. Additional information must be sub- (D) Telephone and fax number of mitted to verify compliance with the manufacturer’s representative. laboratory tests that are not performed (E) Model and serial number of the under the NTEP; and/or scale tested. (C) International Organization of (F) A written description of the scale Legal Metrology (OIML) Certificates of and diagrams explaining how the scale Conformance, test results and data. operates and how it compensates for (2) Inspection of at-sea scales—(i) What motion. is an inspection? An inspection is a vis- (G) A list of the model numbers of all ual assessment and test of a scale after scales for which type evaluation re- it is installed on the vessel and while sults are applicable, identifying the the vessel is tied up at a dock and not differences between the model evalu- under power at sea to determine if the ated in the laboratory and other mod- scale meets all of the applicable per- els listed. The scales may differ only in formance and technical requirements the elements of the scale that perform in paragraph (b)(2) of this section and motion compensation, the size or ca- in appendix A to this part. A scale will pacity of the scale, and the software be approved by the inspector if it meets used by the scale. all of the applicable performance and (H) A list of types of scale adjust- technical requirements in paragraph ments that will be recorded on the (b)(2) of this section and appendix A to audit trail, including the name of the this part. adjustment as it will appear on the (ii) How often must a scale be in- audit trail, and a written description of spected? Each scale must be inspected the adjustment. and approved before the vessel may (ii) Information about the laboratory. participate in any fishery requiring the (A) Name of laboratory. weighing of catch at sea with an ap- (B) Mailing address of laboratory. proved scale. Each scale must be rein- (C) Telephone and fax number of lab- spected within 12 months of the date of oratory’s representative. the most recent inspection.
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(iii) Who may perform scale inspec- (v) Where will scale inspections be con- tions? Scales must be inspected by a ducted? Scale inspections by inspectors scale inspector authorized by NMFS. A paid by NMFS will be conducted on list of scale inspectors authorized by vessels tied up at docks in Dutch Har- NMFS is available from the Regional bor, Alaska, and in the Puget Sound Administrator upon request. NMFS au- area of Washington State. thorizes two types of scale inspectors: (vi) Responsibilities of the vessel owner (A) Inspectors from an agency des- during a scale inspection. After the ves- ignated by NMFS. Inspectors employed sel owner has installed a model of scale by a weights and measures agency des- that is on the Regional Administra- ignated by NMFS to perform scale in- tor’s list of scales eligible to be ap- spections on behalf of NMFS. Scale in- proved for weighing catch at sea, the spections by such inspectors are paid vessel owner must: for by NMFS. (A) Make the vessel and scale avail- (B) Inspectors from other agencies. In- able for inspection by a scale inspector spectors employed by a U.S., state, or authorized by the Regional Adminis- local weights and measures agency trator. other than the weights and measures (B) Provide a copy of the scale man- agency designated by NMFS and meet- ual supplied by the scale manufacturer ing the following requirements: to the inspector at the beginning of the (1) The inspector successfully com- inspection. pletes training conducted by a scale in- (C) Transport test weights, test ma- spector from the weights and measures terial, and equipment required to per- agency designated by NMFS to perform form the test to and from the inspec- scale inspections on behalf of NMFS. tor’s vehicle and the location on the The training consists of observing a vessel where the scale is installed. scale inspection conducted by a scale (D) Apply test weights to the scale or inspector designated by NMFS and con- convey test materials across the scale, ducting an inspection under the super- if requested by the scale inspector. vision of a scale inspector designated (E) Assist the scale inspector in per- by NMFS. The inspector must obtain forming the scale inspection and test- this training for each type of scale in- ing. spected. (vii) Scale inspection report. A scale is (2) The inspector notifies NMFS in approved for use when the scale inspec- writing that he/she meets the require- tor completes and signs a scale inspec- ments of this paragraph (b)(2)(iii)(B) tion report form verifying that the prior to conducting any inspections. scale meets all of the requirements (3) Inspectors from agencies other specified in this paragraph (b)(2) and than the weights and measures agency appendix A to this part. Inspectors designated by NMFS to perform scale must use the scale inspection report inspections on behalf of NMFS must form supplied by the weights and meas- notify the Regional Administrator of ures agency designated by NMFS to the date, time, and location of the perform scale inspections on behalf of scale inspection at least 3 working NMFS. The scale inspector must pro- days before the inspection is conducted vide the original of this inspection re- so that NMFS staff may have the op- port form to the vessel owner and a portunity to observe the inspection. copy to NMFS. NMFS will maintain a (iv) How does a vessel owner arrange list of all scales for which the inspec- for a scale inspection? The time and tion report form has been received and place of the inspection may be ar- that are approved for use. The vessel ranged by contacting the authorized owner is not required to submit the scale inspectors. Vessel owners must scale inspection report form to NMFS. request a scale inspection at least 10 However, the vessel owner must main- working days in advance of the re- tain a copy of the report form on board quested inspection by contacting an the vessel at all times when the proc- authorized scale inspector at the ad- essor or vessel is required to use a scale dress indicated on the list of author- approved under this section. The scale ized inspectors. inspection report form must be made
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available to the observer, NMFS per- before the time that the test will be sonnel or an authorized officer, upon conducted, and conduct the test while request. When in use, scales for which the observer is present. a scale inspection form has been com- (B) Conduct the scale test by placing pleted and signed must also meet re- the test material or test weights on or quirements described in paragraphs across the scale and recording the fol- (b)(3) through (b)(6) of this section. lowing information on the at-sea scale (3) At-sea scale tests. The vessel owner test report form: must ensure that the vessel operator (1) Vessel name; tests each scale or scale system used to (2) Month, day, and year of test; weigh total catch one time during each (3) Time test started to the nearest 24-hour period in which fish are minute; weighed on the scale to verify that the (4) Known weight of test material or scale meets the MPEs specified in this test weights; paragraph (b)(3). (5) Weight of test material or test (i) Belt scales and automatic hopper weights recorded by scale; scales. (A) The MPE in the daily at-sea (6) Percent error as determined by scale tests is plus or minus 3 percent of subtracting the known weight of the the known weight of the test material. test material or test weights from the (B) Test procedure. A material test weight recorded on the scale, dividing must be conducted by weighing at least that amount by the known weight of 400 kg of fish or an alternative mate- the test material or test weights, and rial supplied by the scale manufacturer multiplying by 100; and on the scale under test. The known (7) Sea conditions at the time of the weight of the test material must be de- scale test. termined by weighing it on a platform (C) Maintain the test report form on scale approved for use under paragraph board the vessel until the end of the (b)(7) of this section. fishing year during which the tests (ii) Platform and hanging scales—(A) were conducted, and make the report Maximum Permissible Error. The MPE forms available to observers, NMFS for platform and hanging scales is plus personnel, or an authorized officer. In or minus 0.5 percent of the known addition, the scale test report forms weight of the test material. must be retained by the vessel owner (B) Test weights. Each test weight for 3 years after the end of the fishing must have its weight stamped on or year during which the tests were per- otherwise permanently affixed to it. formed. All scale test report forms The weight of each test weight must be must be signed by the vessel operator. certified by a National Institute of (4) Scale maintenance. The vessel Standards and Technology approved owner must ensure that the vessel op- metrology laboratory. A copy of the erator maintains the scale in proper laboratory certification documents operating condition throughout its use; must be maintained on board the vessel that adjustments made to the scale are at all times while the scale is required. made so as to bring the performance The amount of test weights that must errors as close as practicable to a zero be provided by the vessel owner is spec- value; and that no adjustment is made ified in paragraphs (b)(3)(ii)(B)(1) and that will cause the scale to weigh fish (b)(3)(ii)(B)(2) of this section. inaccurately. (1) Platform scales used as observer (5) Printed reports from the scale. The sampling scales or to determine the known vessel owner must ensure that the ves- weight of test materials. Any combina- sel operator provides the printed re- tion of test weights that will allow the ports required by this paragraph. scale to be tested at 10 kg, 25 kg, and 50 Printed reports from the scale must be kg. maintained on board the vessel until (2) Scales used to weigh total catch. the end of the year during which the Test weights equal to the largest reports were made and be made avail- amount of fish that will be weighed on able to observers, NMFS personnel, or the scale in one weighment. an authorized officer. In addition, (iii) Requirements for all scale tests. (A) printed reports must be retained by the Notify the observer at least 15 minutes vessel owner for 3 years after the end of
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the year during which the printouts (2) Visibility. The scale and scale dis- were made. All printed reports from play must be visible simultaneously to the scale must be signed by the vessel the observer. Observers, NMFS per- operator. sonnel, or an authorized officer must (i) Reports of catch weight and cumu- be allowed to observe the weighing of lative weight. Reports must be printed fish on the scale and be able to read the at least once each 24-hour period in scale display at all times. which the scale is being used to weigh (3) Printed scale weights. Printouts of catch or before any information stored the scale weight of each haul, set, or in the scale computer memory is re- delivery must be made available to ob- placed. The haul or set number re- servers, NMFS personnel, or an author- corded on the scale print-out must cor- ized officer at the time printouts are respond with haul or set numbers re- generated and thereafter upon request corded in the processor’s daily cumu- for the duration of the fishing year. lative production logbook. Scale Printouts must be retained by the op- weights must not be adjusted by the erator or manager as specified in scale operator to account for the per- § 679.5(a)(15). ceived weight of water, mud, debris, or (d) Observer sampling station—(1) Ac- other materials. The information that cessibility. All of the equipment re- must be printed is described in Sec- quired for an observer sampling station tions 2.3.1.8, 3.3.1.7, and 4.3.1.5 of appen- must be available to the observer at all dix A to this part. times while a sampling station is re- (ii) Printed report from the audit trail. quired and the observer is aboard the The printed report must include the in- vessel, except that the observer sam- formation specified in sections 2.3.1.8, pling scale may be used by vessel per- 3.3.1.7, and 4.3.1.8 of appendix A to this sonnel to conduct material tests of the part. The printed report must be pro- scale used to weigh total catch under vided to the authorized scale inspector paragraph (b)(3) of this section, as long at each scale inspection and must also as the use of the observer’s sampling be printed at any time upon request of scale by others does not interfere with the observer, the scale inspector, the observer’s sampling duties. NMFS staff, or an authorized officer. (6) Scale installation requirements. The (2) Location—(i) Motherships and observer must be able to see the prod- catcher/processors or catcher vessels using uct on the scale and the scale indica- trawl gear. The observer sampling sta- tions at the same time. tion must be located within 4 m of the (7) Platform scales used as observer location from which the observer sam- sampling scales or to determine the known ples unsorted catch. Clear, unob- weight of test materials. Platform scales structed passage must be provided be- used only as observer sampling scales tween the observer sampling station or to determine the known weight of and the location where the observer fish for a material test of another scale samples unsorted catch. are required to meet all of the require- (ii) Vessels using nontrawl gear. The ments of paragraph (b) of this section observer sampling station must be lo- and appendix A to this part except sec- cated within 5 m of the location where tions 4.3.1 and 4.3.1.5 of appendix A to fish are brought on board the vessel, this part (printer) or section 4.3.1.8 unless any location within this dis- (audit trail) of appendix A to this part. tance is unsafe for the observer. Clear, (c) Scales approved by the State of Alas- unobstructed passage must be provided ka. Scales used to weigh groundfish between the observer sampling station catch that are also required to be ap- and the location where the observer proved by the State of Alaska under samples unsorted catch. NMFS will ap- Alaska Statutes 45.75 must meet the prove an alternative location if the following requirements: vessel owner submits a written pro- (1) Verification of approval. The scale posal describing the alternative loca- must display a valid State of Alaska tion, the reasons why a location within sticker indicating that the scale was 5 m of where fish are brought on board inspected and approved within the pre- the vessel is unsafe, and if the proposed vious 12 months. observer sampling station meets all
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other applicable requirements of this inspection report issued under this sec- section. tion is no longer valid, and the ob- (3) Minimum work space. The observer server sampling station must be rein- must have a working area at least 1.8 spected and approved by NMFS. Inspec- m wide by 2.5 m long, including the ob- tion of the observer sampling station is server’s sampling table, for sampling in addition to inspection of the at-sea and storage of fish to be sampled. The scales by an authorized scale inspector observer must be able to stand upright required at paragraph (b)(2) of this sec- in the area in front of the table and tion. scale. (i) How does a vessel owner arrange for (4) Table. The observer sampling sta- an observer sampling station inspection? tion must include a table at least 0.6 m The time and place of the inspection deep, 1.2 m wide and 0.9 m high and no may be arranged by submitting to more than 1.1 m high. The entire sur- NMFS a written request for an inspec- face area of the table must be available tion. Inspections will be scheduled no for use by the observer. Any area used for the observer sampling scale is in later than 10 working days after NMFS addition to the minimum space re- receives a complete application for an quirements for the table. The observ- inspection, including the following in- er’s sampling table must be secured to formation: the floor or wall. (A) Name and signature of the person (5) Observer sampling scale. The ob- submitting the application, and the server sampling station must include date of the application. an electronic motion-compensated (B) Street address, business address, platform scale with a capacity of at telephone number, and fax number of least 50 kg located within 1 m of the the person submitting the application. observer’s sampling table. The scale (C) Whether the vessel or processor must be approved by NMFS under para- has received an observer sampling graph (b) of this section and must meet scale inspection before and, if so, the the maximum permissible error re- date of the most recent inspection re- quirement specified in paragraph port. (b)(3)(ii)(A) of this section when tested (D) Vessel name. by the observer. (E) Federal fishery permit number. (6) Other requirements. The sampling (F) Location of vessel where sam- station must include floor grating, ade- pling station inspection is requested to quate lighting, and a hose that supplies occur, including street address and fresh or sea water to the observer. city. (7) Requirements for sampling catch. On (G) For catcher/processors using motherships and catcher/processors trawl gear and motherships, a diagram using trawl gear, the conveyor belt drawn to scale showing the location(s) conveying unsorted catch must have a removable board to allow fish to be di- where all CDQ and PSQ will be verted from the belt directly into the weighed, the location where observers observer’s sampling baskets. The di- will sample unsorted catch, the loca- verter board must be located after the tion of the observer sampling station scale used to weigh total catch so that as described at paragraph (d) of this the observer can use this scale to weigh section, including the observer sam- large samples. pling scale, the name of the manufac- (8) Inspection of the observer sampling turer, model of the scale to weigh total station. Each observer sampling station catch, and the observer sampling scale. must be inspected and approved by (H) For all other vessels, a diagram NMFS prior to its use for the first time drawn to scale showing the location(s) and then one time each year within 12 where catch comes on board the vessel, months of the date of the most recent the location where observers will sam- inspection with the following excep- ple unsorted catch, the location of the tions. If the observer sampling station observer sampling station, including is moved or if the space or equipment the observer sampling scale, and the available to the observer is reduced or name of the manufacturer and model of removed, the observer sampling station the observer sampling scale.
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(I) For all vessels, a copy of the most that allows marked increments to be recent scale inspection report issued read from the outside of the bin by an under paragraph (b)(2) of this section. observer or authorized officer. For bin (ii) Where will observer sampling sta- certification documents dated after tion inspections be conducted? Inspec- July 6, 1998, the numerals at the 10-cm tions will be conducted on vessels tied increment marks must be at least 4 cm up at docks in Dutch Harbor, Alaska, high. and in the Puget Sound area of Wash- (ii) Viewing ports. Each bin must have ington State. a viewing port or ports from which the (iii) Observer sampling station inspec- internal bin markings and numerals on tion report. An observer sampling sta- all walls of the bin can be seen from tion inspection report, valid for 12 the outside of the bin, except that bin months from the date it is signed by markings and numerals are not re- NMFS, will be issued to the vessel quired on the wall in which the viewing owner if the observer sampling station port is placed, if that wall cannot be meets the requirements in this para- seen from any other viewing port in graph (d). The vessel owner must main- the bin. tain a current observer sampling sta- (3) Information required. For bin cer- tion inspection report on board the ves- tification documents submitted after sel at all times when the vessel is re- July 6, 1998, the person certifying the quired to provide an observer sampling bins must provide: station approved for use under this (i) The vessel name; paragraph (d). The observer sampling (ii) The date the engineer measured station inspection report must be made the bins and witnessed the location of available to the observer, NMFS per- the marked increments and numerals; sonnel, or to an authorized officer upon request. (iii) A diagram, to scale, of each bin showing the location of the marked in- (e) Certified bins for volumetric esti- crements on each internal wall of the mates of catch weight— bin, the location, and dimensions of (1) Certification. The information re- quired in this paragraph (e) must be each viewing port or hatch, and any ad- prepared, dated, and signed by a li- ditional information needed to esti- censed engineer with no financial in- mate the volume of fish in the bin; terest in fishing, fish processing, or (iv) Tables indicating the volume of fish tendering vessels. Complete bin each certified bin in cubic meters for certification documents must be sub- each 10-cm increment marked on the mitted to the Regional Administrator sides of the bins; prior to harvesting or receiving (v) Instructions for determining the groundfish from a fishery in which cer- volume of fish in each bin from the tified bins are required and must be on marked increments and table; and board the vessel and available to the (vi) The person’s name and signature observer at all times. and the date on which the completed (2) Specifications—(i) Measurement and bin certification documents were marking. The volume of each bin must signed. be determined by accurate measure- (4) Recertification. The bin’s volume ment of the internal dimensions of the and the marked and numbered incre- bin. The internal walls of the bin must ments must be recertified if the bin is be permanently marked and numbered modified in a way that changes its size in 10-cm increments indicating the or shape or if marking strips or marked level of fish in the bin in cm. All increments are moved or added. marked increments and numerals must (5) Operational requirements—(i) Place- be readable from the outside of the bin ment of catch in certified bins. All catch through a viewing port or hatch at all must be placed in a bin certified under times. Marked increments are not re- this paragraph (e) to estimate total quired on the wall in which the viewing catch weight prior to sorting. Refrig- port is located, unless such increments erated seawater tanks may be used for are necessary to determine the level of volumetric estimates only if the tanks fish in the bin from another viewing comply with all other requirements of port. Bins must be lighted in a manner this paragraph (e). No adjustments of
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volume will be made for the presence of processing CDQ species. Allocations of water in the bin or tank. CDQ and PSQ are harvest privileges (ii) Prior notification. Vessel operators that expire upon the expiration of the must notify observers prior to any re- CDP. When a CDP expires, further CDQ moval of fish from or addition of fish to allocations are not implied or guaran- each bin used for volumetric measure- teed, and a qualified applicant must re- ments of catch so that an observer may apply for further allocations on a com- make bin volume estimates prior to petitive basis with other qualified ap- fish being removed from or added to plicants. The CDQ allocations provide the bin. Once a volumetric estimate the means for CDQ groups to complete has been made, additional fish may not their CDQ projects. A qualified appli- be added to the bin until at least half cant may apply for CDQ and PSQ allo- the original volume has been removed. cations by submitting a proposed CDP Fish may not be removed from or to the State during the CDQ applica- added to a bin used for volumetric esti- tion period that is announced by the mates of catch weight until an ob- State. A proposed CDP must include server indicates that bin volume esti- the following information: mates have been completed and any (1) Community development informa- samples of catch required by the ob- tion. Community development informa- server have been taken. tion includes: (iii) Fish from separate hauls or de- liveries from separate harvesting ves- (i) Project description. A detailed de- sels may not be mixed in any bin used scription of all proposed CDQ projects, for volumetric measurements of catch. including the short-and long-term ben- (iv) The bins must not be filled in a efits to the qualified applicant from manner that obstructs the viewing the proposed CDQ projects. CDQ ports or prevents the observer from projects should not be designed with seeing the level of fish throughout the the expectation of CDQ allocations be- bin. yond those requested in the proposed CDP. [63 FR 5843, Feb. 4, 1998, as amended at 63 FR (ii) Project schedule. A schedule for 30401, June 4, 1998] the completion of each CDQ project EFFECTIVE DATE NOTE: At 63 FR 5836, Feb. with measurable milestones for deter- 4, 1998, § 679.28 was added, effective Mar. 6, mining the progress of each CDQ 1998, except paragraph 679.28(b)(2)(iii)(B). This paragraph contains information collec- project. tion and recordkeeping requirements and (iii) Employment. The number of indi- will not become effective until approval has viduals to be employed through the been given by the Office of Management and CDP projects, and a description of the Budget. nature of the work and the career ad- vancement potential for each type of Subpart C—Western Alaska Com- work. munity Development Quota (iv) Community eligibility. A list of the Program participating communities. Each par- ticipating community must be listed in § 679.30 General CDQ regulations. Table 7 to this part or meet the cri- (a) Application procedure. The CDQ teria for an eligible community under program is a voluntary program. Allo- § 679.2. cations of CDQ and PSQ are made to (v) Community support. A demonstra- CDQ groups and not to vessels or proc- tion of each participating community’s essors fishing under contract with any support for the qualified applicant and CDQ group. Any vessel or processor the managing organization through an harvesting or processing CDQ or PSQ official letter approved by the gov- under a CDP must comply with all erning body of each such community. other requirements of this part. In ad- (2) Managing organization information. dition, the CDQ group is responsible to A proposed CDP must include the fol- ensure that vessels and processors list- lowing information about the man- ed as eligible on the CDQ group’s ap- aging organization: proved CDP comply with all require- (i) Structure and personnel. A descrip- ments of this part while harvesting or tion of the management structure and
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key personnel of the managing organi- (v) Financial statement for the qualified zation, such as resumes and references, applicant. The most recent audited in- including the name, address, fax num- come statement, balance sheet, cash ber, and telephone number of the quali- flow statement, management letter, fied applicant’s CDQ representative. and agreed upon procedures report. (ii) Management qualifications. A de- (vi) Organizational chart. A visual rep- scription of how the managing organi- resentation of the qualified applicant’s zation is qualified to carry out the CDP entire organizational structure, includ- projects in the proposed CDP, and a ing all divisions, subsidiaries, joint demonstration that the managing or- ventures, and partnerships. This chart ganization has the management, tech- must include the type of legal entity nical expertise, and ability to manage for all divisions, subsidiaries, joint CDQ allocations and prevent exceeding ventures, and partnerships; state of a CDQ or PSQ. registration of the legal entity; and (iii) Legal relationship. Documenta- percentage owned by the qualified ap- tion of the legal relationship between plicant. the qualified applicant and the man- (4) Request for CDQ and PSQ alloca- aging organization (if the managing or- tions. A list of the percentage of each ganization is different from the quali- CDQ reserve and PSQ reserve, as de- fied applicant) clearly describing the scribed at § 679.31 that is being re- responsibilities and obligations of each quested. The request for allocations of party as demonstrated through a con- CDQ and PSQ must identify percentage tract or other legally binding agree- allocations requested for CDQ fisheries ment. identified by the primary target spe- (iv) Board of directors. The name, ad- cies of the fishery as defined by the dress, and telephone number of each qualified applicant and the gear types member of the board of directors of the of the vessels that will be used to har- qualified applicant. If a qualified appli- vest the catch. cant represents more than one commu- (5) Fishing plan for groundfish and hal- nity, the board of directors of the ibut CDQ fisheries. The following infor- qualified applicant must include at mation must be provided for all vessels least one member from each of the that will be groundfish CDQ fishing, all communities represented. vessels equal to or greater than 60 ft (3) Business information. A proposed (18.3 m) LOA that will be halibut CDQ CDP must include the following busi- fishing, and for all shoreside processors ness information: that will take delivery of groundfish (i) Business relationships. A descrip- CDQ species from these vessels. tion of all business relationships be- (i) List of eligible vessels and proc- tween the qualified applicant and all essors—(A) Vessels—(1) Information re- individuals who have a financial inter- quired for all vessels. A list of the name, est in a CDQ project or subsidiary ven- Federal fisheries permit number (if ap- ture, including, but not limited to, any plicable), ADF&G vessel number, LOA, arrangements for management and gear type, and vessel type (catcher ves- audit control and any joint venture ar- sel, catcher/processor, or mothership). rangements, loans, or other partner- For each vessel, report only the gear ship arrangements, including the dis- types and vessel types that will be used tribution of proceeds among the par- while CDQ fishing. Any CDQ vessel ties. that is exempt from the moratorium (ii) Profit sharing. A description of all under § 679.4(c)(3)(v) must be identified profit sharing arrangements. as such. (iii) Funding. A description of all (2) Information required for observed funding and financing plans. vessels using trawl or hook-and-line gear (iv) General budget for implementing and motherships taking deliveries from the CDP. A general account of esti- these vessels. For each catcher/processor mated income and expenditures for and catcher vessel 60 ft (18.29 m) LOA each CDQ project for the total number or greater using trawl or hook-and-line of calendar years that the CDP is in ef- gear and not delivering unsorted fect. codends, or for each mothership, the
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CDP must include the following infor- or some other alternative will be used. mation that will be used by NMFS to For catcher vessels using nontrawl determine whether sufficient observer gear, the CDP must also specify wheth- coverage is provided to sample each er the vessel will be retaining all CDQ haul, set, or delivery. Provide the groundfish CDQ catch (Option 1) or will information for groundfish CDQ fishing be discarding some groundfish CDQ as defined under § 679.2 and provide sep- catch at sea (Option 2). The qualified arate information by management area applicant may propose the use of an al- or fishery if information differs among ternative method such as the sorting management areas or fisheries. and weighing of all catch by species on (i) Number of CDQ observers that will processor vessels or using larger sam- be aboard the vessel. For catcher/proc- ple sizes than could be collected by one essors using hook-and-line gear pro- observer. NMFS will review the pro- posing to carry only one CDQ observer, posal and approve it or notify the the CDP must include vessel logbook qualified applicant in writing if the or observer data that demonstrates proposed alternative does not meet that one CDQ observer can sample each these requirements. The qualified ap- set for species composition in one 12- plicant may remove the vessel or proc- hour shift per fishing day. essor for which the alternative method (ii) Average and maximum number of is proposed from the proposed CDP to hauls or sets that will be retrieved on facilitate approval of the CDP and add any given fishing day while groundfish the vessel or processor to the approved CDQ fishing. CDP by substantial amendment at a (iii) For vessels using trawl gear, the later date. Alternatives to the require- average and maximum total catch ment for a certified scale or an ob- weight for any given haul while server sampling station may not be groundfish CDQ fishing. proposed. NMFS will review the alter- (iv) For vessels using trawl gear, the native proposal to determine if it number of hours necessary to process meets all of the following require- the average and maximum haul size ments: while groundfish CDQ fishing. (A) The alternative proposed must (v) For vessels using hook-and-line provide equivalent or better estimates gear, the average number of hooks in than use of the NMFS standard data each set and estimated time it will source would provide and the estimates take to retrieve each set while ground- must be independently verifiable; fish CDQ fishing. (B) Each haul or set on an observed (vi) Whether any halibut CDQ will be harvested by vessels groundfish CDQ vessel must be able to be sampled by an fishing. observer for species composition; (B) Shoreside processors. A list of the (C) Any proposal to sort catch before name, Federal processor permit num- it is weighed must assure that the sort- ber, and location of each shoreside ing and weighing process will be mon- processor that is required to have a itored by an observer; and Federal processor permit under (D) The time required for the CDQ § 679.4(f) and will take deliveries of, or observer to complete sampling, data process, groundfish CDQ catch from recording, and data communication du- any vessel groundfish CDQ fishing or ties shall not exceed 12 hours in each from vessels equal to or greater than 60 24-hour period and the CDQ observer is ft (18.3 m) LOA that are halibut CDQ required to sample no more than 9 fishing. hours in each 24-hour period. (ii) Sources of data or methods for esti- (iii) Amendments to the list of eligible mating CDQ and PSQ catch. The sources vessels and processors. The list of eligi- of data or methods that will be used to ble vessels and processors may be determine catch weight of CDQ and amended by submitting the informa- PSQ for each vessel or processor pro- tion required in paragraphs (a)(5)(i) and posed as eligible under the CDP. For (ii) of this section as an amendment to each vessel or processor, the CDP must the approved CDP. A technical amend- specify whether the NMFS’ standard ment may be used to remove any vessel sources of data set forth at § 679.32(d)(2) from a CDP, to add any vessel to a CDP
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if the CDQ group will use NMFS’ stand- in its recommendations for approval of ard sources of data to determine CDQ the proposed CDPs that each proposed and PSQ catch for the vessel, or to add CDP meets all applicable requirements any vessel to a CDP for which an alter- of this part. Upon receipt by NMFS of native method of determining CDQ and the proposed CDPs and the State’s rec- PSQ catch has been approved by NMFS ommendations for approval, NMFS will under an approved CDP for another review the proposed CDPs and approve CDQ group. A substantial amendment those that it determines meet all appli- must be used to add a vessel to an ap- cable requirements. NMFS shall ap- proved CDP if the CDQ group submits a prove or disapprove the State’s rec- proposed alternative method of deter- ommendations within 45 days of their mining CDQ and PSQ catch for NMFS receipt. In the event of approval of the review. CDP, NMFS will notify the State in (6) CDQ planning—(i) Transition plan. writing that the proposed CDP is ap- A proposed CDP must include an over- proved by NMFS and is consistent with all plan and schedule for transition all requirements for CDPs. If NMFS from reliance on CDQ allocations to finds that a proposed CDP does not self-sufficiency in fisheries. The plan comply with the requirements of this for transition to self-sufficiency must part, NMFS must so advise the State be based on the qualified applicant’s in writing, including the reasons there- long-term revenue stream without of. The State may submit a revised CDQs. proposed CDP along with revised rec- (ii) Post-allocation plan. [Reserved] ommendations for approval to NMFS. (b) Public hearings on CDQ application. (e) Transfer. CDQ groups may request When the CDQ application period has that NMFS transfer CDQ allocations, ended, the State must hold a public CDQ, PSQ allocations, or PSQ from one hearing to obtain comments on the group to another by each group filing proposed CDPs from all interested per- an appropriate amendment to its CDP. sons. The hearing must cover the sub- Transfers of CDQ and PSQ allocations stance and content of proposed CDPs so must be in whole integer percentages, that the general public, particularly and transfers of CDQ and PSQ must be the affected parties, have a reasonable opportunity to understand the impact in whole integer amounts. If NMFS ap- of the proposed CDPs. The State must proves both amendments, NMFS will provide reasonable public notification make the requested transfer(s) by de- of hearing date and location. At the creasing the account balance of the time of public notification of the hear- CDQ group from which the CDQ or PSQ ing, the State must make available for species is transferred by the amount public review all State materials perti- transferred and by increasing the ac- nent to the hearing. count balance of the CDQ group receiv- (c) Council consultation. Before the ing the transferred CDQ or PSQ species State sends its recommendations for by the amount transferred. NMFS will approval of proposed CDPs to NMFS, not approve transfers to cover overages the State must consult with the Coun- of CDQ or PSQ. cil and make available, upon request, (1) CDQ allocation. CDQ groups may the proposed CDPs that are not part of request that NMFS transfer any or all the State’s recommendations. of one group’s CDQ allocation to an- (d) Review and approval of proposed other by each group filing an amend- CDPs. The State must transmit the ment to its CDP through the CDP sub- proposed CDPs and its recommenda- stantial amendment process set forth tions for approval of each of the pro- at paragraph (g)(4) of this section. The posed CDPs to NMFS, along with the CDQ allocation will be transferred as of findings and the rationale for the rec- January 1 of the calendar year fol- ommendations, by October 15 of the lowing the calendar year NMFS ap- year prior to the first year of the pro- proves the amendments of both groups posed CDP, except in 1998, when CDPs and is effective for the duration of the for the 1998 through 2000 multispecies CDPs. groundfish CDQs must be submitted by (2) CDQ. CDQ groups may request July 6, 1998. The State shall determine that NMFS transfer any or all of one
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group’s CDQ for a calendar year to an- accepted by NMFS at other times of other by each group filing an appro- the year. The PSQ will be transferred priate amendment to its CDP. If the as of the date NMFS approves the amount to be transferred is 10 percent amendments of both groups and is ef- or less of a group’s initial CDQ amount fective only for the remainder of the for that year, that group’s request may calendar year in which the transfer oc- be made through the CDP technical curs. amendment process set forth at para- (f) CDQ group responsibilities. A CDQ graph (g)(5) of this section. If the group’s responsibilities include, but are amount to be transferred is greater not limited to, the following: than 10 percent of a group’s initial CDQ (1) Direct and supervise all activities amount for the year, that group’s re- of the managing organization; quest must be made through the CDP (2) Maintain the capability to com- substantial amendment process set municate with all vessels harvesting forth at paragraph (g)(4) of this sec- its CDQ and PSQ at all times; tion. The CDQ will be transferred as of (3) Monitor the catch of each CDQ or the date NMFS approves the amend- PSQ; ments of both groups and is effective (4) Submit the CDQ catch report de- only for the remainder of the calendar scribed at § 679.5(n)(2); year in which the transfer occurs. (5) Ensure that no CDQ, halibut PSQ, (3) PSQ allocation. CDQ groups may or crab PSQ is exceeded; request that NMFS transfer any or all (6) Ensure that the CDQ group’s CDQ of one group’s PSQ allocation to an- harvesting vessels and CDQ processors other CDQ group through the CDP sub- will: stantial amendment process set forth (i) Provide observer coverage, equip- at paragraph (g)(4) of this section. Each ment, and operational requirements for group’s request must be part of a re- CDQ catch monitoring; quest for the transfer of a CDQ alloca- (ii) Provide for the communication of tion, and the requested amount of PSQ observer data from their vessels to allocation must be the amount reason- NMFS and the CDQ representative; ably required for bycatch needs during (iii) Maintain contact with the CDQ the harvesting of the CDQ. Requests group for which it is harvesting CDQ for the transfer of a PSQ allocation and PSQ; may be submitted to NMFS from Janu- (iv) Cease fishing operations when re- ary 1 through January 31. Requests for quested by the CDQ group; and transfers of a PSQ allocation will not (v) Comply with all requirements of be accepted by NMFS at other times of this part while harvesting or proc- the year. The PSQ allocation will be essing CDQ species. transferred as of January 1 of the cal- (7) Comply with all requirements of endar year following the calendar year this part. NMFS approves the amendments of (g) Monitoring of CDPs—(1) Annual both groups and is effective for the du- progress report. (i) The State must sub- ration of the CDPs. mit to NMFS, by October 31 of each (4) PSQ. CDQ groups may request year, an annual progress report for the that NMFS transfer any or all of one previous calendar year for each CDP. group’s PSQ for one calendar year to (ii) Annual progress reports must be another by each group filing an amend- organized on a project-by-project basis ment to its CDP through the CDP sub- and include information for each CDQ stantial amendment process set forth project in the CDP describing how each at paragraph (g)(4) of this section. Each scheduled milestone in the CDP has group’s request must be part of a re- been met, and an estimation by the quest for the transfer of CDQ, and the State of whether each of the CDQ requested amount of PSQ must be the projects in the CDP is likely to be suc- amount reasonably required for by- cessful. catch needs during the harvesting of (iii) The annual report must include the CDQ. Requests for the transfer of a description by the State of any prob- PSQ may be submitted to NMFS from lems or issues in the CDP that the January 1 through January 31. Re- State encountered during the annual quests for transfers of PSQ will not be report year.
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(2) Annual budget report. (i) Each CDQ will be effective for the duration of the group must submit to NMFS an annual CDP. budget report by December 15 pre- (iii) If NMFS determines that the ceding the year for which the annual CDP, if changed, would no longer meet budget applies. the requirements of this subpart, (ii) An annual budget report is a de- NMFS will notify the State in writing tailed estimate of the income from the of the reasons why the amendment CDQ project and of the expenditures for cannot be approved. each subsidiary, division, joint ven- (iv) For the purposes of this section, ture, partnership, investment activity, substantial amendments are defined as or CDQ project as described in para- changes in a CDP, including, but not graph (a)(1)(i) of this section for a cal- limited to: endar year. A CDQ group must identify (A) Any change in the list of commu- the administrative costs for each CDQ nities comprising the CDQ group or re- project. The CDQ group’s total admin- placement of the managing organiza- istrative costs will be considered a sep- tion. arate CDQ project. (B) A change in the CDP applicant’s (iii) An annual budget report is ap- harvesting or processing partner. proved upon receipt by NMFS, unless (C) Funding a CDP project in excess disapproved by NMFS in writing by De- of $100,000 that is not part of an ap- cember 31. If disapproved, the annual proved general budget. budget report will be returned to the (D) More than a 20-percent increase CDQ group for revision and resubmittal in the annual budget of an approved to NMFS. CDP project. (E) More than a 20-percent increase (3) Annual budget reconciliation report. in actual expenditures over the ap- A CDQ group must reconcile its annual proved annual budget for administra- budget by May 30 of the year following tive operations. the year for which the annual budget (F) A change in the contractual applied. Reconciliation is an account- agreement(s) between the CDQ group ing of the annual budget’s estimated and its harvesting or processing part- income and expenditures with the ac- ner or a change in a CDP project, if tual income and expenditures, includ- such change is deemed by the State or ing the variance in dollars and vari- NMFS to be a material change. ance in percentage for each CDQ (G) Any transfer of a CDQ allocation, project that is described in paragraph PSQ allocation, PSQ, or a transfer of (a)(1)(i) of this section. more than 10 percent of a CDQ. (4) Substantial amendments. A CDP is (H) The addition of a vessel to a CDP a working business plan and must be if the CDQ group submits a proposed kept up to date. alternative method of determining (i) Substantial amendments to a CDP CDQ and PSQ catch under paragraph require a written request by the CDQ (a)(5)(ii) of this section for NMFS re- group to the State and NMFS for ap- view. proval of the amendment. The State (v) The request for approval of a sub- must forward the amendment to NMFS stantial amendment to a CDP shall in- with a recommendation as to whether clude the following information: it should be approved. (A) The background and justification (ii) NMFS will notify the State in for the amendment that explains why writing of the approval or disapproval the proposed amendment is necessary of the amendment within 30 days of re- and appropriate. ceipt of both the amendment and the (B) An explanation of why the pro- State’s recommendation. Except for posed change to the CDP is a substan- substantial amendments for the trans- tial amendment. fer of CDQ and PSQ, which are effective (C) A description of the proposed only for the remainder of the calendar amendment, explaining all changes to year in which the transfer occurs (see the CDP that result from the proposed paragraphs (e)(2) and (4) of this sec- amendment. tion), once a substantial amendment is (D) A comparison of the original CDP approved by NMFS, the amendment text, with the text of the proposed
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changes to the CDP, and the revised and objectives, the CDP may continue pages of the CDP for replacement in without any Secretarial action. the CDP binder. The revised pages (2) If the State recommends to NMFS must have the revision date noted, that an allocation be decreased, the with the page number on all affected State’s recommendation for decrease pages. The table of contents may also will be deemed approved if NMFS does need to be revised to reflect any not notify the State in writing within changes in pagination. 30 days of receipt of the State’s rec- (E) Identification of any NMFS find- ommendation. ings that would need to be modified if (3) If the State determines that a the amendment is approved, along with CDP has not successfully met its goals the proposed modified text. and objectives or appears unlikely to (F) A description of how the proposed become successful, the State may sub- amendment meets the requirements of mit a recommendation to NMFS that this subpart. Only those CDQ regula- the CDP be partially suspended, sus- tions that are affected by the proposed pended, or terminated. The State must amendment need to be discussed. set out, in writing, the reasons for rec- (5) Technical amendments. Any change ommending suspension or termination to a CDP that is not considered a sub- of the CDP. stantial amendment under paragraph (4) After review of the State’s rec- (g)(4)(iv) of this section is a technical ommendation and reasons thereof, amendment. NMFS will notify the Governor, in (i) The CDQ group must notify the writing, of approval or disapproval of State in writing of any technical the recommendation within 30 days of amendment. Such notification must in- its receipt. In the case of suspension or clude a copy of the pages of the CDP termination, NMFS will publish notifi- that would be revised by the amend- cation in the FEDERAL REGISTER, with ment, with the text highlighted to reasons thereof. show the proposed deletions and addi- tions, and a copy of the CDP pages as [63 FR 30403, June 4, 1998, as amended at 64 they would be revised by the proposed FR 3882, Jan. 26, 1999; 64 FR 20214, Apr. 26, amendment for insertion into the CDP 1999] binder. All revised CDP pages must in- EFFECTIVE DATE NOTE: At 63 FR 30403, June clude the revision date, amendment 4, 1998, § 679.30 was revised. Section identification number, and CDP page 679.30(a)(5)(i)(A)(2) contains information col- number. The table of contents may lection and recordkeeping requirements and also need to be revised to reflect any will not become effective until approval has changes in pagination. been given by the Office of Management and (ii) The State must forward the tech- Budget. nical amendment to NMFS with its § 679.31 CDQ reserves. recommendations for approval or dis- approval of the amendment. A tech- Portions of the CDQ and PSQ re- nical amendment is approved by NMFS serves for each subarea or district may and is effective when, after review, be allocated for the exclusive use of NMFS notifies the State in writing of CDQ applicants in accordance with the technical amendment’s receipt and CDPs approved by the Governor in con- approval. sultation with the Council and ap- (h) Suspension or termination of a CDP. proved by NMFS. NMFS will allocate An annual progress report, required no more than 33 percent of the total under paragraph (g)(1) of this section, CDQ for all subareas and districts com- will be used by the State to review bined to any one applicant with an ap- each CDP to determine whether the proved CDP application. CDP, CDQ, and PSQ allocations there- (a) Pollock CDQ reserve. In the pro- under should be continued, decreased, posed and final harvest specifications partially suspended, suspended, or ter- required by § 679.20(c), one-half of the minated under the following cir- pollock TAC placed in the reserve for cumstances: each subarea or district of the BSAI (1) If the State determines that the will be apportioned to a CDQ reserve CDP will successfully meet its goals for each subarea or district.
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(b) Halibut CDQ reserve. (1) NMFS will (1) For calendar year 2000, and there- annually withhold from IFQ allocation after, 7.5 percent; and the proportions of the halibut catch (2) For calendar year 1999 (applicable limit that are specified in paragraph through December 31, 1999), 5 percent. (b) of this section for use as a CDQ re- (e) PSQ reserve. (See § 679.21(e)(1)(i) serve. and (e)(2)(ii)). (2) Portions of the CDQ for each spec- (f) Non-specific CDQ reserve. Annually, ified IPHC regulatory area may be allo- NMFS will apportion 15 percent of each cated for the exclusive use of an eligi- squid, arrowtooth flounder, and ‘‘other ble Western Alaska community or species’’ CDQ for each CDQ group to a group of communities in accordance non-specific CDQ reserve. A CDQ with a CDP approved by the Governor group’s non-specific CDQ reserve must in consultation with the Council and be for the exclusive use of that CDQ approved by NMFS. group. A release from the non-specific (3) The proportions of the halibut CDQ reserve to the CDQ group’s squid, catch limit annually withheld for the arrowtooth flounder, or ‘‘other spe- halibut CDQ program, exclusive of cies’’ CDQ is a technical amendment as issued QS, and the eligible commu- described in § 679.30(g)(5). The technical nities for which they shall be made amendment must be approved before available are as follows for each IPHC harvests relying on CDQ transferred regulatory area: from the non-specific CDQ reserve may (i) Area 4B. In IPHC regulatory area be conducted. 4B, 20 percent of the annual halibut [63 FR 8361, Feb. 19, 1998, as amended at 63 quota shall be made available to eligi- FR 30407, June 4, 1998; 64 FR 3882, Jan. 26, ble communities physically located in, 1999; 64 FR 20214, Apr. 26, 1999] or proximate to, this regulatory area. (ii) Area 4C. In IPHC regulatory area § 679.32 Groundfish and halibut CDQ 4C, 50 percent of the halibut quota catch monitoring. shall be made available to eligible com- (a) Applicability. (1) The CDQ group, munities physically located in IPHC the operator of a vessel groundfish CDQ regulatory area 4C. fishing as defined at § 679.2, the oper- (iii) Area 4D. In IPHC regulatory area ator of a catcher/processor halibut CDQ 4D, 30 percent of the annual halibut fishing as defined at § 679.2, the oper- quota shall be made available to eligi- ator of a catcher vessel equal to or ble communities located in, or proxi- greater than 60 ft (18.3 m) LOA halibut mate to, IPHC regulatory areas 4D and CDQ fishing, the operator of a 4E. mothership taking deliveries from (iv) Area 4E. In IPHC regulatory area these vessels, and the manager of a 4E, 100 percent of the halibut quota shoreside processor taking deliveries shall be made available to eligible com- from these vessels must comply with munities located in, or proximate to, the requirements of paragraphs (b) IPHC regulatory area 4E. A fishing trip through (d) of this section for all limit of 6,000 lb (2.7 mt) applies to hal- groundfish CDQ and PSQ. For the ibut CDQ harvesting in IPHC regu- catch of halibut CDQ or for vessels hal- latory area 4E. ibut CDQ fishing, the CDQ group, the (4) For the purposes of this section, operator of the vessel, the shoreside ‘‘proximate to’’ an IPHC regulatory processor, and the registered buyer area means within 10 nm from the must comply with the requirements of point where the boundary of the IPHC paragraph (f) of this section. In addi- regulatory area intersects land. tion, the CDQ group is responsible for (c) Groundfish CDQ reserves. (See ensuring that vessels and processors § 679.20(b)(1)(iii)) listed as eligible on the CDQ group’s (d) Crab CDQ reserves. King and Tan- approved CDP comply with all require- ner crab species in the Bering Sea and ments of this section while harvesting Aleutian Islands Area that have a or processing CDQ species. guideline harvest level specified by the (2) Pollock CDQ (applicable through State of Alaska that is available for July 20, 1999). Requirements for the ac- commercial harvest are apportioned to counting of pollock while CDQ fishing a crab CDQ reserve as follows: are at paragraph (e) of this section.
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(b) PSQ catch. Time and area closures of paragraph (c)(3) or (c)(4) of this sec- required once a CDQ group has reached tion; its salmon PSQ or crab PSQ are listed (B) Retain all halibut and crab PSQ in § 679.7(d)(7) through (10). The catch of in a bin or other location until it is salmon or crab by vessels using other counted and sampled by a CDQ ob- than trawl gear does not accrue to the server; and PSQ for these species. The discard of (C) Provide space on the deck of the halibut by vessels using pot or jig gear vessel for the CDQ observer to sort and will not accrue to the halibut PSQ if store catch samples and a place from this bycatch has been exempted from which to hang the observer sampling the halibut PSC limit under scale. § 679.21(e)(5) in the annual specifica- (ii) If using nontrawl gear, the vessel tions published in the FEDERAL REG- operator must either: ISTER. (A) Option 1: Retain all CDQ species. (c) Requirements for vessels and proc- Retain all CDQ species until they are essors. In addition to complying with delivered to a processor that meets the the minimum observer coverage re- requirements of paragraph (c)(3) or quirements at § 679.50(c)(4), vessel oper- (c)(4) of this section and have all of the ators and managers of shoreside proc- halibut PSQ counted by the CDQ ob- essors must comply with the following server and sampled for length or aver- requirements: age weight; or (1) Catcher vessels without an observer. (B) Option 2: Discard some CDQ species (i) Operators of catcher vessels less at sea. May discard some CDQ species than 60 ft (18.29 m) LOA must retain all at sea if the following requirements are groundfish CDQ, halibut CDQ, and met: salmon PSQ until it is delivered to a (1) Observer sampling station. The ves- processor that meets the requirements sel owner provides an observer sam- pling station that complies with of paragraph (c)(3) or (c)(4) of this sec- § 679.28(d) so that the CDQ observer can tion. All halibut PSQ and crab PSQ accurately determine the average must be discarded at sea. Operators of weight of discarded CDQ species. A catcher vessels using trawl gear must valid observer sampling station inspec- report the at-sea discards of halibut tion report described at § 679.28(d)(8) PSQ or crab PSQ on the CDQ delivery must be on board the vessel at all report. Operators of catcher vessels times when a sampling station is re- using nontrawl gear must report the quired; and at-sea discards of halibut PSQ on the (2) Species composition. Each CDQ set CDQ delivery report, unless exempted on vessels using hook-and-line gear is from accounting for halibut PSQ under sampled for species composition by a paragraph (b) of this section. CDQ observer. (ii) Catcher vessels delivering unsorted (3) Shoreside processors and buying sta- codends. Operators of catcher vessels tions. The operator of a buying station delivering unsorted codends to trawl or the manager of a shoreside processor catcher/processors or motherships must comply with all of the following must retain all CDQ and PSQ species requirements: and deliver them to a catcher/processor (i) Prior notice to observer of offloading or mothership that meets the require- schedule. Notify the CDQ observer of ments of paragraph (c)(4) of this sec- the offloading schedule of each CDQ de- tion. livery at least 1 hour prior to off- (2) Catcher vessels with observers. Oper- loading to provide the CDQ observer an ators of catcher vessels equal to or opportunity to monitor the sorting and greater than 60 ft (18.29 m) LOA must weighing of the entire delivery. comply with the following require- (ii) CDQ and PSQ by weight. Sort and ments: weigh on a scale approved by the State (i) If using trawl gear, the vessel oper- of Alaska under § 679.28(c) all ground- ator must: fish and halibut CDQ or PSQ by species (A) Retain all CDQ species and salm- or species group. on PSQ until they are delivered to a (iii) PSQ by number. Sort and count processor that meets the requirements all salmon and crab PSQ.
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(iv) CDQ and PSQ sorting and weigh- plicable requirements in § 679.5 for ing. Sorting and weighing of CDQ and groundfish fishing must be met. PSQ must be monitored by a CDQ ob- (2) Verification of CDQ and PSQ catch server. reports. CDQ groups may specify the (v) CDQ delivery report. Submit a CDQ sources of data listed below as the delivery report described at § 679.5(n)(1) sources they will use to determine CDQ for each delivery of groundfish CDQ. and PSQ catch on the CDQ catch report (4) Catcher/processors and motherships. by specifying ‘‘NMFS standard sources The operator of a catcher/processor or of data’’ in their CDP. In the case of a a mothership must comply with the catcher vessel using nontrawl gear, the following requirements: CDP must specify whether the vessel (i) Prior notice to observer of CDQ will be retaining all groundfish CDQ catch. Notify the CDQ observer(s) be- (Option 1) or discarding some ground- fore CDQ catch is brought onboard the fish CDQ species at sea (Option 2). CDQ vessel and notify the CDQ observer(s) species may be discarded at sea by of the CDQ group and CDQ number as- these vessels only if the requirements sociated with the CDQ catch. of paragraph (c)(2)(ii)(B) of this section are met. NMFS will use the following (ii) Observer sampling station. Provide sources to verify the CDQ catch re- an observer sampling station as de- ports, unless an alternative catch esti- scribed at § 679.28(d). A valid observer mation procedure in the CDP is ap- sampling station inspection report de- proved by NMFS under § 679.30(a)(5)(ii). scribed at § 679.28(d)(8) must be on (i) Catcher vessels less than 60 ft (18.29 board the vessel at all times when a m) LOA. The weight or numbers of all sampling station is required. CDQ and PSQ species will be the same (iii) Catcher/processors using trawl gear as the information on the CDQ delivery and motherships. The operator of a report if all CDQ species and salmon catcher/processor using trawl gear or of PSQ are retained on board the vessel, a mothership must weigh all catch on a delivered to a shoreside processor list- scale that complies with the require- ed as eligible in the CDP, and sorted ments of § 679.28(b). A valid scale in- and weighed in compliance with para- spection report described at graph (c)(3) of this section. § 679.28(b)(2) must be on board the ves- (ii) Catcher vessels delivering unsorted sel at all times when a scale is re- codends. The weight and numbers of quired. Catch from each CDQ haul CDQ and PSQ species will be deter- must be weighed separately. Catch mined by applying the species composi- must not be sorted before it is weighed, tion sampling data collected for each unless a provision for doing so is ap- CDQ haul by the CDQ observer on the proved by NMFS for the vessel in the mothership to the total weight of each CDP. Each CDQ haul must be sampled CDQ haul as determined by weighing by a CDQ observer for species composi- all catch from each CDQ haul on a tion and the vessel operator must allow scale approved under § 679.28(b). CDQ observers to use any scale ap- (iii) Observed catcher vessels using proved by NMFS to weigh partial CDQ trawl gear. The weight of halibut and haul samples. numbers of crab PSQ discarded at sea (iv) Catcher/processors using nontrawl will be determined by using the CDQ gear. Each CDQ set on a vessel using observer’s sample data. The weight or hook-and-line gear must be sampled by numbers of all groundfish CDQ and a CDQ observer for species composition salmon PSQ will be the same as the in- and average weight. formation submitted on the CDQ deliv- (d) Recordkeeping and reporting—(1) ery report if all CDQ species and salm- Catch record. The operator or manager on PSQ are retained on board the ves- of a buying station and the manager of sel until delivered to a processor listed a shoreside processor must submit to as eligible in the CDP, and sorted and NMFS the CDQ delivery report re- weighed in compliance with paragraph quired in § 679.5(n)(1). The CDQ rep- (c)(3) of this section. resentative must submit to NMFS the (iv) Observed catcher vessels using CDQ catch report required in nontrawl gear—(A) Option 1. The weight § 679.5(n)(2). Additionally, all other ap- of halibut PSQ discarded at sea will be
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determined by using the CDQ observ- ber and the individual authorized by er’s sample data. The weight of all the CDQ group to land halibut for debit groundfish CDQ will be the same as the against the CDQ group’s halibut CDQ. information submitted on the CDQ de- (iii) Alteration. No person may alter, livery report if all CDQ species are re- erase, mutilate, or forge a halibut CDQ tained on board the vessel until deliv- permit, landing card, registered buyer ered to a processor, and sorted and permit, or any valid and current per- weighed in compliance with paragraph mit or document issued under this (c)(3) of this section (Option 1); or part. Any such permit, card, or docu- (B) Option 2. The weight of halibut ment that has been intentionally al- PSQ and all groundfish CDQ species tered, erased, mutilated, or forged is will be determined by applying the invalid. CDQ observer’s species composition (iv) Landings. A person may land hal- sampling data to the estimate of total ibut CDQ only if he or she has a valid catch weight if any CDQ species are halibut CDQ card, and that person may discarded at sea. deliver halibut CDQ only to a person (v) Catcher/processors using trawl gear with a valid registered buyer permit. and motherships. The weight and num- The person holding the halibut CDQ bers of CDQ and PSQ species will be de- card and the registered buyer must termined by applying the CDQ observ- comply with the requirements of er’s species composition sampling data § 679.5(l)(1) and (l)(2). for each CDQ haul to the total weight (v) The CDQ group, vessel owner or of the CDQ haul as determined by operator, and registered buyer must weighing all catch from each CDQ haul comply with all of the IFQ prohibitions on a scale certified under § 679.28(b). at § 679.7(f). (vi) Catcher/processors using nontrawl (3) Accounting for catch of groundfish gear. The weight of halibut PSQ and all CDQ while halibut CDQ fishing. The groundfish CDQ species will be deter- manager of a shoreside processor must mined by applying the CDQ observer’s report on a CDQ delivery report de- species composition sampling data to scribed at § 679.5(n)(1), all groundfish the estimate of total catch weight, if CDQ delivered by vessels equal to or any CDQ species are discarded at sea. greater than 60 ft (18.3 m) LOA while (e) [Reserved] halibut CDQ fishing and all sablefish (f) Halibut CDQ—(1) Applicability. The CDQ delivered by vessels of any size CDQ group, the operator of the vessel, while halibut CDQ fishing. The CDQ the manager of a shoreside processor, group must report on a CDQ catch re- and the registered buyer must comply port described at § 679.5(n)(2), all with the requirements of this para- groundfish CDQ caught by vessels graph (f) for the catch of halibut CDQ equal to or greater than 60 ft (18.3 m) or while halibut CDQ fishing. LOA while halibut CDQ fishing and all (2) Accounting for halibut CDQ catch— sablefish CDQ retained by vessels of (i) Halibut CDQ permit. The CDQ group any size while halibut CDQ fishing. must obtain a halibut CDQ permit This groundfish CDQ will accrue to the issued by the Regional Administrator. CDQ group’s groundfish CDQ alloca- The vessel operator must have a copy tions. The manager of a shoreside proc- of the halibut CDQ permit on any fish- essor and the CDQ group are not re- ing vessel operated by, or for, a CDQ quired to report on the CDQ delivery group that will have halibut CDQ on- report, groundfish, except sablefish board and must make the permit avail- CDQ, that is caught by vessels less able for inspection by an authorized of- than 60 ft (18.3 m) LOA while halibut ficer. The halibut CDQ permit is non- CDQ fishing, and this catch (except sa- transferable and is issued annually blefish CDQ) will not accrue against until revoked, suspended, or modified. the CDQ group’s groundfish CDQ allo- (ii) Halibut CDQ card. An individual cations. must have onboard the vessel a valid (4) Groundfish CDQ retention require- halibut CDQ card issued by the Re- ments. Operators of vessels less than 60 gional Administrator before landing ft (18.3 m) LOA are not required to re- any halibut CDQ. Each halibut CDQ tain and deliver groundfish CDQ spe- card will identify a CDQ permit num- cies while halibut CDQ fishing, unless
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required to do so elsewhere in this fishing for pollock CDQ must comply part. Operators of vessels equal to or with all applicable requirements of greater than 60 ft (18.3 m) LOA are re- paragraphs (a) through (d) of this sec- quired to comply with all groundfish tion. Pollock catch by vessels directed CDQ and PSQ catch accounting re- fishing for pollock CDQ will accrue quirements in paragraphs (b) through against the pollock CDQ for the CDQ (d) of this section, including the reten- group. The CDQ group must report all tion of all groundfish CDQ, if option 1 pollock caught by vessels directed fish- under § 679.32(c)(2)(ii) is selected in the ing for pollock CDQ on the CDQ catch CDP. report. (5) Observer coverage requirements. The (2) Catch of pollock by vessels not di- owner or operator of a vessel equal to rected fishing for pollock CDQ. Pollock or greater than 60 ft (18.3 m) LOA hal- catch by vessels groundfish CDQ fish- ibut CDQ fishing as defined at § 679.2 or ing, but not directed fishing for pollock shoreside processors taking deliveries CDQ as defined at § 679.2, will not ac- from vessels equal to or greater than 60 crue against the pollock CDQ for the ft (18.3 m) LOA that are halibut CDQ CDQ group. The CDQ group must not fishing must comply with observer cov- report this pollock catch on the CDQ erage requirements at § 679.50(c)(4) and catch report. (d)(4). (3) Vessel operators must retain all pollock caught in any groundfish CDQ [63 FR 30407, June 4, 1998, as amended at 64 FR 3882, Jan. 26, 1999; 64 FR 20214, Apr. 26, fishery as required at § 679.27 (IR/IU). 1999] EFFECTIVE DATE NOTE 1: At 63 FR 30407, * * * * * June 4, 1998, § 679.32 was revised. Paragraph 679.32(c)(4)(i) contains information collection Subpart D—Individual Fishing and recordkeeping requirements and will not Quota Management Measures become effective until approval has been given by the Office of Management and § 679.40 Sablefish and halibut QS. Budget. The Regional Administrator shall an- EFFECTIVE DATE NOTE 2: At 64 FR 3882, Jan. nually divide the TAC of halibut and 26, 1999, § 679.32 was amended in part by sus- pending paragraphs (a)(2) and (a)(3), and add- sablefish that is apportioned to the ing paragraphs (a)(4) and (g), effective Jan. fixed gear fishery pursuant to the an- 21, 1999, through July 20, 1999. At 64 FR 20214, nual management measures published Apr. 26, 1999, paragraphs (a)(2) and (a)(3) were in the FEDERAL REGISTER pursuant to removed and paragraph (a)(4) was redesig- § 300.62 of chapter III of this title and nated as paragraph (a)(2) and revised, and § 679.20, minus the CDQ reserve, among paragraph (g) was redesignated as paragraph qualified halibut and sablefish quota (e). At 64 FR 34743, June 29, 1999, the tem- share holders, respectively. porary effective date was extended from July 20, 1999, through December 31, 1999. For the (a) Initial allocation of QS—(1) General. convenience of the user, the added text is set The Regional Administrator shall ini- forth as follows: tially assign to qualified persons, on or after October 18, 1994, halibut and sa- § 679.32 Groundfish and halibut CDQ blefish fixed gear fishery QS that are catch monitoring. specific to IFQ regulatory areas and vessel categories. QS will be assigned * * * * * as a block in the appropriate IFQ regu- (a) * * * latory area and vessel category, if that (4) Requirements for the accounting QS would have resulted in an alloca- of pollock while CDQ fishing are at tion of less than 20,000 lb (9 mt) of IFQ paragraph (g) of this section. for halibut or sablefish based on the 1994 TAC for fixed gear in those fish- eries for specific IFQ regulatory areas * * * * * and the QS pools of those fisheries for (e) Pollock CDQ—(1) Directed fishing specific IFQ regulatory areas as of Oc- for pollock CDQ. Owners and operators tober 17, 1994. of vessels directed fishing for pollock (2) Qualified person. (i) As used in this CDQ as defined at § 679.2 and processors section, a ‘‘qualified person’’ means a taking deliveries from vessels directed ‘‘person,’’ as defined in § 679.2:
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(A) That owned a vessel that made (iv) Ownership interest. Evidence of legal landings of halibut or sablefish, ownership interest in a dissolved part- harvested with fixed gear, from any nership or corporation shall be limited IFQ regulatory area in any QS quali- to corporate documents (e.g., articles fying year; or of incorporation) or notarized state- (B) That leased a vessel that made ments signed by each former partner, legal landings of halibut or sablefish, shareholder or director, and specifying harvested with fixed gear, from any their proportions of interest. IFQ regulatory area in any QS quali- (v) Legal landing of halibut or sable- fying year. A person who owns a vessel fish—(A) Definition. As used in this sec- cannot be a qualified person based on tion, a ‘‘legal landing of halibut or sa- the legal fixed gear landings of halibut blefish’’ means halibut or sablefish har- or sablefish made by a person who leased the vessel for the duration of the vested with fixed gear and landed in lease. compliance with state and Federal reg- (ii) Qualified persons, or their succes- ulations in effect at the time of the sors-in-interest, must exist at the time landing. of their application for QS. (B) Documentation. Evidence of legal (iii) A former partner of a dissolved landings shall be limited to docu- partnership or a former shareholder of mentation of state or Federal catch re- a dissolved corporation who would oth- ports that indicate the amount of hal- erwise qualify as a person may apply ibut or sablefish harvested, the IPHC for QS in proportion to his or her inter- regulatory area or groundfish reporting est in the dissolved partnership or cor- area in which it was caught, the vessel poration. and gear type used to catch it, and the (iv) Sablefish harvested within date of harvesting, landing, or report- Prince William Sound, or under a State ing. State catch reports are Alaska, of Alaska limited entry program, will Washington, Oregon, or California fish not be considered in determining tickets. Federal catch reports are whether a person is a qualified person. WPRs required under § 679.5. Sablefish (3) Qualification for QS—(i) Year. A QS harvested within Prince William Sound qualifying year is 1988, 1989, or 1990. or under a State of Alaska limited (ii) Vessel ownership. Evidence of ves- entry program will not be considered in sel ownership shall be limited to the determining qualification to receive following documents, in order of pri- QS, nor in calculating initial QS. ority: (A) For vessels required to be docu- (4) Calculation of initial QS—(i) Hal- mented under the laws of the United ibut QS. The Regional Administrator States, the USCG abstract of title shall calculate the halibut QS for any issued in respect of that vessel. qualified person in each IFQ regulatory (B) A certificate of registration that area based on that person’s highest is determinative as to vessel owner- total legal landings of halibut in each ship. IPHC regulatory area for any 5 years of (C) A bill of sale. the 7-year halibut QS base period 1984 (iii) Vessel lease. Conclusive evidence through 1990. The sum of all halibut QS of a vessel lease will include a written for an IFQ regulatory area will be the vessel lease agreement or a notarized halibut QS pool for that area. statement from the vessel owner and (ii) Sablefish QS. The Regional Ad- lease holder attesting to the existence ministrator shall calculate the sable- of a vessel lease agreement at any time fish QS for any qualified person in each during the QS qualifying years. Conclu- IFQ regulatory area based on that per- sive evidence of a vessel lease must son’s highest total legal landings of sa- identify the leased vessel and indicate blefish in each groundfish reporting the name of the lease holder and the area for any 5 years of the 6-year sable- period of time during which the lease fish QS base period 1985 through 1990. was in effect. Other evidence, which The sum of all sablefish QS for an IFQ may not be conclusive, but may tend to support a vessel lease, may also be sub- regulatory area will be the sablefish QS mitted. pool for that area.
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(iii) CDQ program. Each initial QS son used more than one vessel in dif- calculation will be modified to accom- ferent categories. modate the CDQ program prescribed at (iv) Sablefish QS. A qualified person’s subpart C of this part. sablefish QS will be assigned: (5) Assignment of QS to vessel cat- (A) To vessel category C if, at any egories—(i) LOA. Each qualified per- time during his/her most recent year of son’s QS will be assigned to a vessel participation, that person’s vessel was category based on the LOA of vessel(s) less than or equal to 60 ft (18.3 m) LOA from which that person made fixed and did not process any groundfish or gear legal landings of groundfish or halibut caught with fixed gear. halibut in the most recent year of par- (B) To the vessel category in which ticipation and the product type landed. halibut and groundfish were landed, or As used in this paragraph (a)(5), ‘‘the vessel categories in proportion to the most recent year of participation’’ total fixed gear landings of halibut and means the most recent of 4 calendar groundfish, if, at any time during the years in which any groundfish or hal- most recent year of participation, that ibut were harvested using fixed gear, as person’s vessel(s) makes no landing(s) follows: 1988, 1989, or 1990; or calendar of sablefish. year 1991 prior to September 26, 1991. (v) Halibut QS. A qualified person’s (ii) Vessel categories. QS and its asso- halibut QS will be assigned: ciated IFQ assigned to vessel cat- (A) To vessel category C if, at any egories include: time during his/her most recent year of (A) Category A QS and associated participation, that person’s vessel was IFQ, which authorizes an IFQ card- less than or equal to 60 ft (18.3 m), but holder to harvest and process IFQ spe- greater than 35 ft (10.7 m), LOA and did cies on a vessel of any length; not process any groundfish or halibut (B) Category B QS and associated caught with fixed gear. IFQ, which authorizes an IFQ card- (B) To vessel category D if, at any holder to harvest IFQ species on a ves- time during his/her most recent year of sel of any length, except as provided in participation, that person’s vessel was § 679.42(a); less than or equal to 35 ft (10.7 m) LOA (C) Category C QS and associated and did not process any groundfish or IFQ, which authorizes an IFQ card- halibut caught with fixed gear. holder to harvest IFQ species on a ves- (C) To the vessel category in which sel less than or equal to 60 ft (18.3 m) groundfish were landed, or vessel cat- LOA: egories in proportion to the total fixed (D) Category D QS and associated gear landings of groundfish, if, at any IFQ, which authorizes an IFQ card- time during the most recent year of holder to harvest IFQ halibut on a ves- participation, that person’s vessel(s) sel less than or equal to 35 ft (10.7 m) makes no landing(s) of halibut. LOA; (vi) Both species QS. A qualified per- (iii) QS assignment. A qualified per- son’s QS for both species will be as- son’s QS will be assigned: signed to the vessel category in which (A) To vessel category A if, at any groundfish were landed in the most re- time during his/her most recent year of cent year of participation if, at any participation, that person’s vessel time during that year, that person processed any groundfish or halibut landed halibut in one vessel category caught with fixed gear. and sablefish in a different vessel cat- (B) To vessel category B if, at any egory. time during his/her most recent year of (6) Application for initial QS—(i) Appli- participation, that person’s vessel was cation form. Upon request, the Regional greater than 60 ft (18.3 m) LOA and did Administrator shall make available to not process any groundfish or halibut any person an application form for an caught with fixed gear. initial allocation of QS. The applica- (C) To each applicable vessel cat- tion form sent to the person requesting egory in proportion to the landings of a QS allocation will include all data on halibut or sablefish made by that per- that person’s vessel ownership and son if, at any time during their most catch history of halibut and sablefish recent year of participation, that per- that can be released to the applicant
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under current state and Federal con- share reflecting catch history, vessel fidentiality rules, and that are avail- ownership, or lease data that are con- able to the Regional Administrator at tested between two or more applicants, the time of the request. at least one of which is likely to qual- (ii) Application period. An application ify for QS when the dispute is resolved, period of no less than 180 days will be will be assigned to a reserve that will specified by notification in the FED- be considered part of the QS pool for ERAL REGISTER and other information the appropriate IFQ regulatory area. sources that the Regional Adminis- Any QS and IFQ that results from trator deems appropriate. agency action resolving the dispute (iii) Complete application. Complete will be assigned to the prevailing appli- applications received by the Regional cant(s) pursuant to paragraphs (a)(4), Administrator will be acknowledged. (a)(5), (b), and (c) of this section. If the An incomplete application will be re- assigned IFQ for the 1995 fishing season turned to the applicant with specific becomes moot by passage of time need- kinds of information identified that ed to resolve the dispute, the assign- are necessary to make it complete. ment of QS and IFQ for subsequent (7) Insufficient documentation. Halibut fishing seasons will be unaffected. and sablefish catch history, vessel own- (b) Annual allocation of IFQ. The Re- ership or lease data, and other informa- gional Administrator shall assign hal- tion supplied by an applicant will be ibut or sablefish IFQs to each person compared with data compiled by the holding unrestricted QS for halibut or Regional Administrator. If additional sablefish, respectively, up to the limits data presented in an application are prescribed in § 679.42 (e) and (f). Each not consistent with the data compiled assigned IFQ will be specific to an IFQ by the Regional Administrator, the ap- regulatory area and vessel category, plicant will be notified of insufficient and will represent the maximum documentation. The applicant will amount of halibut or sablefish that have 90 days to submit corroborating may be harvested from the specified documents (as specified in paragraph IFQ regulatory area and by the person (a) of this section) in support of his/her to whom it is assigned during the spec- application or to resubmit a revised ap- ified fishing year, unless the IFQ as- plication. All applicants will be limited signment is changed by the Regional to one opportunity to provide corrobo- Administrator within the fishing year rating documentation or a revised ap- because of an approved transfer or be- plication in response to notification of cause all or part of the IFQ is sanc- insufficient documentation. tioned for violating rules of this part. (8) Verified data. Uncontested data in (c) Calculation of annual IFQ alloca- applications will be approved by the tion—(1) General. The annual allocation Regional Administrator. Based on of IFQ to any person (person p) in any these data, the Regional Administrator IFQ regulatory area (area a) will be will calculate each applicant’s initial equal to the product of the TAC of hal- halibut and sablefish QS, as provided in ibut or sablefish by fixed gear for that paragraph (b) of this section, for each area (after adjustment for purposes of IFQ regulatory area, respectively, and the Western Alaska CDQ Program) and will add each applicant’s halibut and that person’s QS divided by the QS pool sablefish QS for an IFQ regulatory area for that area. Overages will be sub- to the respective QS pool for that area. tracted from a person’s IFQ pursuant (9) Unverified data. Catch history, to paragraph (d) of this section. Ex- vessel ownership, or lease data that pressed algebraically, the annual IFQ cannot be verified by the Regional Ad- allocation formula is as follows: ministrator, following the procedure IFQ pa = [(fixed gear TACa ¥ CDQ re- described in paragraph (a)(7) of this servea) × (QSpa/QS poola)] ¥ overage section, will not qualify for QS. An ini- of IFQpa. tial determination denying QS on the (2) QS amounts. For purposes of calcu- grounds that claimed catch history, lating IFQs for any fishing year, the vessel ownership or lease data were not amount of a person’s QS and the verified may be appealed following the amount of the QS pool for any IFQ reg- procedure described in § 679.43. Quota ulatory area will be the amounts on
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record with the Alaska Region, NMFS, voked or amended subject to the re- as of 1200 hours, A.l.t., on January 31 of quirements of the Magnuson-Stevens that year. Act and other applicable law. (3) IFQ permit. The Regional Adminis- (g) Tagged halibut and sablefish. (1) trator shall issue to each QS holder, Nothing contained in this part shall pursuant to § 679.4, an IFQ permit ac- prohibit any person at any time from companied by a statement specifying retaining and landing a Pacific halibut the maximum amount of halibut and or sablefish that bears at the time of sablefish that may be harvested with capture a research tag from any state, fixed gear in a specified IFQ regulatory Federal, or international agency, pro- area and vessel category as of January vided that the halibut or sablefish is: 31 of that year. Such IFQ permits will (i) A Pacific halibut landed pursuant be mailed to each QS holder at the ad- to 50 CFR 300.18; or dress on record for that person after (ii) A sablefish landed in accordance the beginning of each fishing year but with the Tagged Groundfish Research prior to the start of the annual IFQ Program. fishing season. (2) Tagged halibut or sablefish landed (d) A Ten-percent adjustment policy. pursuant to paragraphs (1)(i) or (1)(ii) person’s annual IFQ account will be ad- of this section shall not be calculated justed in the year following a deter- as part of an individual’s IFQ harvest mination that the person harvested or or be debited against an individual’s landed IFQ species in an amount is halibut or sablefish IFQ. greater than the amount available in the person’s annual IFQ account and if [61 FR 31230, June 19, 1996, as amended at 61 the amount greater than the amount FR 35579, July 5, 1996; 61 FR 41525, Aug. 9, available does not exceed 10 percent of 1996; 61 FR 43314, Aug. 22, 1996; 62 FR 59299, the amount available in the person’s Nov. 3, 1997] annual IFQ account at the time of landing. The adjustment would be a de- § 679.41 Transfer of quota shares and IFQ. duction of the amount of IFQ species harvested or landed that was deter- (a) General. (1) Except as provided in mined to exceed the amount available paragraph (a)(2) of this section, trans- in the person’s annual IFQ account and fer of QS or IFQ means any transaction will apply to any person to whom the requiring QS, or the use thereof in the affected IFQ is allocated in the year form of IFQ, to pass from one person to following the determination. another, permanently or for a fixed pe- (e) Underages. Underages of up to 10 riod of time. percent of a person’s total annual IFQ (2) Transactions requiring IFQ cards account for a current fishing year will to be issued in the name of a vessel be added to that person’s annual IFQ master employed by an individual or a account in the year following deter- corporation are not transfers of QS or mination of the underage. This under- IFQ. age adjustment to the annual IFQ allo- (b) Transfer procedure—(1) Application cation will be specific to IFQ species, for transfer. An Application for Trans- IFQ regulatory area, and vessel cat- fer of QS/IFQ (Application for Transfer) egory for which an IFQ is calculated, must be approved by the Regional Ad- and will apply to any person to whom ministrator before a person may use the affected IFQ is allocated in the IFQ to harvest IFQ halibut or IFQ sa- year following determination of an un- blefish, whether the IFQ was the result derage. of a direct transfer or the result of a (f) Harvesting privilege. Quota shares QS transfer. An Application for Trans- allocated or permits issued pursuant to fer will not be approved until the Re- this part do not represent either an ab- gional Administrator has reviewed and solute right to the resource or any in- approved the transfer agreement signed terest that is subject to the ‘‘takings’’ by the parties to the transaction. The provision of the Fifth Amendment of Regional Administrator shall provide the U.S. Constitution. Rather, such an Application for Transfer form to quota shares or permits represent only any person on request. Persons who a harvesting privilege that may be re- submit an Application for Transfer to
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the Regional Administrator for ap- IFQ must submit an Application for proval will receive notification of the Eligibility to Receive QS/IFQ (Applica- Regional Administrator’s decision to tion for Eligibility), containing accu- approve or disapprove the Application rate information, to the Regional Ad- for Transfer, and, if applicable, the rea- ministrator. The Regional Adminis- son(s) for disapproval, by mail posted trator will not approve a transfer of on the date of that decision, unless an- IFQ or QS to a person until the Appli- other communication mode is re- cation for Eligibility for that person is quested on the Application for Trans- approved by the Regional Adminis- fer. trator. The Regional Administrator (2) QS or IFQ accounts. QS or IFQ ac- shall provide an Application for Eligi- counts affected by an Application for bility form to any person on request. Transfer approved by the Regional Ad- (2) Type of eligibility. A person must ministrator will change on the date of indicate on the Application for Eligi- approval. Any necessary IFQ permits bility whether the eligibility sought is will be sent with the notification of the as: Regional Administrator’s decision. (i) An individual; or (c) Application for Transfer approval (ii) A corporation, partnership, or criteria. Except as provided in para- other entity. graph (f) of this section, an Application (3) Application filing order. A person for Transfer will not be approved until may submit the Application for Eligi- the Regional Administrator has deter- bility with the Application for Transfer mined that: or file the Application for Eligibility (1) The person applying for transfer prior to submitting the Application for received the QS or IFQ to be trans- Transfer. If a person, as described in ferred: paragraph (d)(2)(ii) of this section, files (i) By initial assignment by the Re- the Application for Eligibility prior to gional Administrator as provided in submitting the Application for Trans- § 679.40(a); or fer, and that person’s status subse- (ii) By approved transfer. quently changes, as described in (2) The person applying to receive the § 679.42(j), that person must resubmit QS or IFQ meets the requirements of an Application for Eligibility before eligibility in paragraph (d) of this sec- submitting, or with, the Application tion. for Transfer. (3) The person applying for transfer (4) Notification of approval. Applicants and the person applying to receive the will be notified by mail of the Regional QS or IFQ have their notarized signa- Administrator’s approval of an applica- tures on the Application for Transfer. tion for eligibility. (4) There are no fines, civil penalties, (5) Notification of disapproval. The Re- or other payments due and owing, or gional Administrator will notify the outstanding permit sanctions, result- applicant if an Application for Eligi- ing from Federal fishery violations in- bility is disapproved. This notification volving either person. of disapproval will include: (5) The person applying to receive the (i) The disapproved Application for QS or IFQ currently exists. Eligibility. (6) The transfer would not cause the (ii) An explanation of why the Appli- person applying to receive the QS or cation for Eligibility was not approved. IFQ to exceed the use limits in § 679.42 (6) Reasons for disapproval. Reasons (e) or (f). for disapproval of an Application for (7) The transfer would not violate the Eligibility may include, but are not provisions of paragraph (g) of this sec- limited to: tion. (i) Fewer than 150 days of experience (8) Other pertinent information re- working as an IFQ crewmember. quested on the Application for Transfer (ii) Lack of compliance with the U.S. has been supplied to the satisfaction of citizenship or corporate ownership re- the Regional Administrator. quirements specified by the definition (d) Eligibility to receive QS or IFQ by of ‘‘person’’ at § 679.2. transfer—(1) Application for Eligibility. (iii) An incomplete Application for All persons applying to receive QS or Eligibility.
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(iv) Fines, civil penalties, or other may be consolidated into a single block payments due and owing, or out- in each IFQ regulatory area is as fol- standing permit sanctions, resulting lows: from Federal fishery violations. (i) Area 2C: 19,992 QS. (e) Transfers of QS blocks—(1) General. (ii) Area 3A: 27,912 QS. A QS block must be transferred as an (iii) Area 3B: 44,193 QS. undivided whole, unless the size of the (iv) Subarea 4A: 22,947 QS. QS block exceeds the use limits speci- (v) Subarea 4B: 15,087 QS. fied at § 679.42. If the QS block to be (vi) Subarea 4C: 30,930 QS. transferred exceeds the use limits spec- (vii) Subarea 4D: 26,082 QS. ified at § 679.42, the Regional Adminis- trator will divide the block into two (viii) Subarea 4E: 0 QS. blocks, one block containing the max- (f) Transfer of QS or IFQ with restric- imum amount of QS allowable under tions. If QS or IFQ must be transferred the QS use limits and the other block as a result of a court order, operation containing the residual QS. of law, or as part of a security agree- (2) Sablefish. QS blocks for the same ment, but the person receiving the QS IFQ regulatory area and vessel cat- or IFQ by transfer does not meet all of egory that represent less than 5,000 lb the eligibility requirements of this sec- (2.3 mt) of sablefish IFQ, based on the tion, the Regional Administrator will 1996 TAC share for fixed gear sablefish approve the Application for Transfer in a specific IFQ regulatory area and with restrictions. The Regional Admin- the QS pool for that IFQ regulatory istrator will not assign IFQ resulting area on January 31, 1996, may be con- from the restricted QS to any person. solidated into larger QS blocks pro- IFQ with restrictions may not be used vided that the consolidated blocks do for harvesting halibut or sablefish with not represent greater than 5,000 lbs (2.3 fixed gear. The QS or IFQ will remain mt) of sablefish IFQ based on the pre- restricted until: ceding criteria. A consolidated block (1) The person who received the QS or cannot be divided and is considered a IFQ with restrictions meets the eligi- single block for purposes of use and bility requirements of this section and transferability. The maximum number the Regional Administrator approves of QS units that may be consolidated an Application for Eligibility for that into a single QS block in each IFQ reg- person; or ulatory area is as follows: (2) The Regional Administrator ap- (i) Southeast Outside district: 33,270 proves the Application for Transfer QS. from the person who received the QS or (ii) West Yakutat district: 43,390 QS. IFQ with restrictions to a person who (iii) Central Gulf area: 46,055 QS. meets the requirements of this section. (iv) Western Gulf area: 48,410 QS. (g) Transfer restrictions. (1) Except as (v) Aleutian Islands subarea: 99,210 provided in paragraph (f) or paragraph QS. (g)(2) of this section, only persons who (vi) Bering Sea subarea: 91,275 QS. are IFQ crew members or who were ini- (3) Halibut. QS blocks for the same tially issued QS assigned to vessel cat- IFQ regulatory area and vessel cat- egories B, C, or D, and meet the other egory that represent less than 3,000 lbs requirements in this section, may re- (1.4 mt) of halibut IFQ, based on the ceive by transfer QS assigned to vessel 1996 catch limit for halibut in a specific categories B, C, or D, or the IFQ result- IFQ regulatory area and the QS pool ing from it. for that IFQ regulatory area on Janu- (2) Except as provided in paragraph ary 31, 1996, may be consolidated into (g)(3) of this section, only persons who larger QS blocks provided that the con- are IFQ crew members, and meet the solidated blocks do not represent other requirements in this section, greater than 3,000 lbs (1.4 mt) of halibut may receive by transfer QS assigned to IFQ based on the preceding criteria. A vessel categories B, C, or D, or the IFQ consolidated block cannot be divided resulting from it, in IFQ regulatory and is considered a single block for area 2C for halibut or in the IFQ regu- purposes of use and transferability. latory area east of 140° W. long. for sa- The maximum number of QS units that blefish.
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(3) Individuals who were initially ferred will be permanently assigned to issued QS assigned to vessel categories a specific catcher vessel category as B, C, or D may transfer that QS to a designated by the person receiving the corporation that is solely owned by the transfer. same individual. Such transfers of QS (2) Redesignated catcher vessel category assigned to vessel categories B, C, or D (Applicable until February 24, 1997). in IFQ regulatory area 2C for halibut Catcher vessel QS transferred as par- or in the IFQ regulatory area east of tial or total consideration for the ° 140 W. long. for sablefish will be gov- transfer of CDQ compensation QS may erned by the use provisions of be redesignated into a new catcher ves- § 679.42(i); the use provisions pertaining sel category if the CDQ compensation to corporations at § 679.42(j) shall not QS being transferred can be used on apply. (4) The Regional Administrator will any catcher vessel pursuant to the ex- not approve an Application for Trans- emption in paragraph (i)(1) of this sec- fer of QS assigned to vessel categories tion and the person to which that CDQ B, C, or D subject to a lease or any compensation QS was issued is party to other condition of repossession or re- the transfer. sale by the person transferring QS, ex- (3) CDQ compensation QS definition. cept as provided in paragraph (h) of For purposes of this paragraph (i), CDQ this section, or by court order, oper- compensation QS is QS issued as com- ation of law, or as part of a security pensation for halibut and sablefish har- agreement. The Regional Adminis- vest privileges foregone due to the CDQ trator may request a copy of the sales Program, as provided in paragraph (j) contract or other terms and conditions of this section. of transfer between two persons as sup- (j) Compensation for CDQ allocations. plementary information to the transfer (1) The Regional Administrator will application. compensate persons that receive a re- (h) Transfer of IFQ. (1) Pursuant to duced halibut QS in IPHC regulatory paragraph (a) of this section, an Appli- areas 4B, 4C, 4D, or 4E because of the cation for Transfer must be approved halibut CDQ program by adding halibut by the Regional Administrator before a QS from IPHC regulatory areas 2C, 3A, person may use any IFQ that results 3B, and 4A. This compensation of hal- from a direct transfer to harvest hal- ibut QS from areas 2C, 3A, 3B, and 4A ibut or sablefish. After approving the Application for Transfer, the Regional will be allocated in proportion to the Administrator will change any IFQ ac- amount of halibut QS foregone due to counts affected by the approved trans- the CDQ allocation authorized by this fer and issue all necessary IFQ permits. section. (2) (Applicable until January 2, 1998). (2) The Regional Administrator will A person may transfer no more than 10 compensate persons that receive a re- percent of the total IFQ resulting from duced sablefish QS in any BSAI IFQ QS held by that person and assigned to regulatory area because of the sable- vessel categories B, C, or D for any IFQ fish CDQ program by taking sablefish species in any IFQ regulatory area to QS from the IFQ regulatory areas of one or more persons for any fishing the GOA and allocating it in propor- year. tion to the loss suffered by persons in (i) Transfer across catcher vessel cat- the BSAI area. Such additional com- egories—(1) CDQ compensation. Persons pensation of sablefish QS will be allo- issued CDQ compensation QS in a cated in proportion to the amount of catcher vessel category, pursuant to sablefish QS foregone due to the CDQ § 679.41(j), and in an IFQ regulatory allocation authorized by this section. area in which they do not hold QS (3) Persons initially issued QS for other than CDQ compensation QS, may IFQ regulatory areas in which a por- use that CDQ compensation QS on any tion of the TAC is allocated to the CDQ catcher vessel. This exemption from catcher vessel categories ends upon the Program will be compensated for hal- first transfer of the CDQ compensation ibut and sablefish harvest privileges QS. CDQ compensation QS being trans- foregone due to the CDQ Program. If a
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person does not hold QS in an IFQ reg- § 679.42 Limitations on use of QS and ulatory area on the date the compensa- IFQ. tion is issued, that person’s compensa- (a) IFQ regulatory area and vessel cat- tion will be issued as unblocked. If a egory. The QS or IFQ specified for one person does hold QS in an IFQ regu- IFQ regulatory area must not be used latory area on the date compensation in a different IFQ regulatory area. Ex- is issued, that person’s compensation cept as provided in paragraph (k) of will be added to their existing QS in this section or in § 679.41(i)(1) of this that IFQ regulatory area. The result- part, the IFQ assigned to one vessel ing QS amount will be blocked or category must not be used to harvest unblocked according to the criteria IFQ species on a vessel of a different found at § 679.40(a). Compensation will vessel category. Notwithstanding be calculated for each non-CDQ area § 679.40(a)(5)(ii) of this part, IFQ as- using the following formula: signed to vessel Category B must not Q = (Q ×QSP ×RATE)/(SUM ¥ be used on any vessel less than or equal N C N CDQ to 60 ft (18.3 m) LOA to harvest IFQ [RATE×SUMTAC]) ([1¥RATE]×TAC )(QSP × halibut in IFQ regulatory area 2C or AVE C IFQ sablefish in the IFQ regulatory [CDQ ¥RATE]) PCT area east of 140° W. long. unless such Where: IFQ derives from blocked QS units that result in IFQ of less than 5,000 lb (2.3 QN = quota share in non-CDQ area mt), based on the 1996 TAC for fixed QC = quota share in CDQ area QSPN = quota share pool in non-CDQ area (as gear specified for the IFQ halibut fish- existing on January 31, 1995) ery and the IFQ sablefish fishery in
RATE = SUMCDQ/average of the TAC (1988– each of these two regulatory areas. 1994) for all CDQ and non-CDQ areas (b) Gear—(1) IFQ Fisheries. Halibut
TACAVE = average of the TAC (1988–1994) for IFQ must be used only to harvest hal- CDQ area ibut with fishing gear authorized in QSPC = quota share pool in CDQ area (as ex- § 679.2. Sablefish fixed gear IFQ must isting on January 31, 1995) not be used to harvest sablefish with CDQPCT = CDQ percentage for CDQ area trawl gear in any IFQ regulatory area, × SUMCDQ = sum [TACAVE CDQPCT] or with pot gear in any IFQ regulatory SUMTAC = sum [TACAVE] area of the GOA. (k) Transfer to the surviving spouse. (1) (2) Seabird avoidance gear and methods. On the death of an individual who The operator of a vessel using gear au- holds QS or IFQ, the surviving spouse thorized at § 679.2 while fishing for IFQ receives all QS and IFQ held by the de- halibut or hook-and-line gear while cedent by right of survivorship, unless fishing for IFQ sablefish must comply a contrary intent was expressed by the with requirements for seabird avoid- decedent in a will that is probated. The ance gear and methods set forth at Regional Administrator will approve § 679.24(e). an Application for Transfer to the sur- (c) Requirements and deductions. (1) viving spouse when sufficient evidence Any individual who harvests halibut or has been provided to verify the death of sablefish with fixed gear must: the individual. (i) Have a valid IFQ card. (2) The Regional Administrator will (ii) Be aboard the vessel at all times approve, for 3 calendar years following during the fishing operation. (iii) Sign any required fish ticket. the date of death of an individual, an (iv) Sign the IFQ landing report re- Application for Transfer of IFQ from quired by §§ 679.5(l)(2)(ii)(C) and (iii)(B). the surviving spouse to a person eligi- (2) The scale weight of the halibut or ble to receive IFQ under the provisions sablefish product actually measured at of this section, notwithstanding the the time of landing, required by limitations on transfers of IFQ in para- § 679.5(l)(2)(vi) to be included in the IFQ graph (g)(2) of this section. landing report, shall be the only source [61 FR 31230, June 19, 1996, as amended at 61 of information used by NMFS to debit FR 33385, June 27, 1996; 61 FR 41526, Aug. 9, an IFQ account. An IFQ account will 1996; 61 FR 67964, Dec. 26, 1996; 63 FR 47368, be debited as indicated in Table 3 to Sept. 4, 1998] this part.
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(i) Sablefish product. [Reserved] person may only hold one QS block for (ii) [Reserved] that species in that IFQ regulatory (iii) Halibut conversion factors. area. (2) Holding or to hold blocks of QS. For Conversion Product code Product description factor purposes of this section, ‘‘holding’’ or ‘‘to hold’’ blocks of QS means being 04 ...... Gutted, head on ...... 0.90 registered by NMFS as the person who 05 ...... Gutted, head off ...... 1.00 54 ...... Gutted, head on, with ice and 0.88 received QS by initial assignment or slime. approved transfer. 55 ...... Gutted, head off, with ice and 0.98 (h) Vessel limitations—(1) Halibut. (i) slime. Except as provided in paragraph (d) Emergency waiver. The require- (h)(1)(ii) of this section, no vessel may ment of paragraph (c) of this section be used, during any fishing year, to for an individual IFQ card holder to be harvest more than one-half percent of aboard the vessel during fishing oper- the combined total catch limits of hal- ations and to sign the IFQ landing re- ibut for IFQ regulatory areas 2C, 3A, port may be waived in the event of ex- 3B, 4A, 4B, 4C, 4D, and 4E. treme personal emergency involving (ii) In IFQ regulatory area 2C, no ves- the IFQ user during a fishing trip. The sel may be used to harvest more than 1 waiving of these requirements shall percent of the halibut catch limit for apply only to IFQ halibut or IFQ sable- this area. fish retained on the fishing trip during (2) Sablefish. (i) Except as provided in which such emergency occurred. paragraph (h)(2)(ii) of this section, no (e) Sablefish QS use. (1) No person, in- vessel may be used, during any fishing dividually or collectively, may use an year, to harvest more than 1 percent of amount of sablefish QS greater than 1 the combined fixed gear TAC of sable- percent of the combined total sablefish fish for the GOA and BSAI IFQ regu- QS for the GOA and BSAI IFQ regu- latory areas. latory areas, unless the amount in ex- (ii) In the IFQ regulatory area east of cess of 1 percent was received in the 140° W. long., no vessel may be used to initial allocation of QS. harvest more than 1 percent of the (2) In the IFQ regulatory area east of fixed gear TAC of sablefish for this 140° W. long., no person, individually or area. collectively, may use more than 1 per- (3) Excess. A person who receives an cent of the total amount of QS for this approved IFQ allocation of halibut or area, unless the amount in excess of 1 sablefish in excess of these limitations percent was received in the initial allo- may nevertheless catch and retain all cation of QS. of that IFQ with a single vessel. How- (f) Halibut QS use. Unless the amount ever, two or more persons may not in excess of the following limits was re- catch and retain their IFQs with one ceived in the initial allocation of hal- vessel in excess of these limitations. ibut QS, no person, individually or col- (i) Use of IFQ resulting from QS as- lectively, may use more than: signed to vessel categories B, C, or D by (1) IFQ regulatory area 2C. 599,799 individuals. In addition to the require- units of halibut QS. ments of paragraph (c) of this section, (2) IFQ regulatory areas 2C, 3A, and IFQ cards issued for IFQ resulting from 3B. 1,502,823 units of halibut QS. QS assigned to vessel categories B, C, (3) IFQ regulatory areas 4A, 4B, 4C, 4D, or D must be used only by the indi- and 4E. 495,044 units of halibut QS. vidual who holds the QS from which (g) Limitations on QS blocks—(1) Num- the associated IFQ is derived, except as ber of blocks per species. (i) Except as provided in paragraph (i)(1) of this sec- provided in paragraph (g)(1)(ii) of this tion. section, no person, individually or col- (1) An individual who received an ini- lectively, may hold more than two tial allocation of QS assigned to cat- blocks for each species in any IFQ reg- egories B, C, or D does not have to be ulatory area. aboard the vessel on which his or her (ii) If that person, individually or IFQ is being fished or to sign IFQ land- collectively, holds unblocked QS for a ing reports if that individual owns at species in an IFQ regulatory area, such least a 20–percent interest in the vessel
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and is represented on the vessel by a (1) A corporation or partnership, ex- master employed by that individual. cept for a publicly-held corporation, NMFS will determine ownership inter- that receives an initial allocation of est for purposes of this paragraph only QS assigned to vessel categories B, C, on the basis of written documentation. or D loses the exemption provided This minimum 20–percent ownership under paragraph (j) of this section on requirement does not apply to any in- the effective date of a change in the dividual who received an initial alloca- corporation or partnership from that tion of QS assigned to categories B, C, which existed at the time of initial al- or D and who, prior to April 17, 1997, location. employed a master to fish any of the (2) For purposes of this paragraph (j), IFQ issued to that individual, provided ‘‘a change in the corporation or part- the individual continues to own the nership’’ means the addition of any vessel from which the IFQ is being new shareholder(s) or partner(s), except fished at no lesser percentage of owner- that a court appointed trustee to act ship interest than that held on April 17, on behalf of a shareholder or partner 1997, and provided that this individual who becomes incapacitated is not a has not acquired additional QS through change in the corporation or partner- transfer after September 23, 1997. ship. (2) The exemption provided in para- (3) The Regional Administrator must graph (i)(1) of this section does not be notified of a change in a corporation apply to individuals who receive an ini- or partnership as defined in this para- tial allocation of QS assigned to vessel graph (j) within 15 days of the effective categories B, C, or D for halibut in IFQ date of the change. The effective date regulatory area 2C or for sablefish QS of change, for purposes of this para- in the IFQ regulatory area east of 140° graph (j), is the date on which the new W. long., and this exemption is not shareholder(s) or partner(s) may realize transferrable. any corporate liabilities or benefits of (j) Use of IFQ resulting from QS as- the corporation or partnership. signed to vessel categories B, C, or D by (4) QS assigned to vessel categories corporations and partnerships. Except as B, C, or D and IFQ resulting from that provided in paragraph (j)(5) of this sec- QS held in the name of a corporation or tion, a corporation or partnership that partnership that changes, as defined in received an initial allocation of QS as- this paragraph, must be transferred to signed to categories B, C, or D may fish an individual, as prescribed in § 679.41 the IFQ resulting from that QS and any of this part, before it may be used at additional QS acquired within the limi- any time after the effective date of the tations of this section provided that change. the corporation or partnership owns at (5) A corporation or a partnership least a 20– percent interest in the ves- that received an initial allocation of sel on which its IFQ is fished, and that QS assigned to categories B, C, or D it is represented on the vessel by a and that, prior to April 17, 1997, em- master employed by the corporation or ployed a master to fish any of the IFQ partnership that received the initial al- issued to that corporation or partner- location of QS. NMFS will determine ship may continue to employ a master ownership interest for purposes of this to fish its IFQ on a vessel owned by the paragraph only on the basis of written corporation or partnership provided documentation. This provision is not that the corporation or partnership transferrable and does not apply to QS continues to own the vessel at no lesser assigned to vessel categories B, C, or D percentage of ownership interest than for halibut in IFQ regulatory area 2C that held on April 17, 1997, and provided or for sablefish in the IFQ regulatory that corporation or partnership did not area east of 140° W. long. that is trans- acquire additional QS through transfer ferred to a corporation or partnership. after September 23, 1997. Such transfers of additional QS within (k) Processing of fish other than IFQ these areas must be to an individual halibut and IFQ sablefish. Fish other pursuant to § 679.41(c) of this part and than IFQ halibut or IFQ sablefish may be used pursuant to paragraphs (c) and be processed on a vessel on which per- (i) of this section. sons:
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(1) Are authorized to harvest IFQ hal- sion, after the application period has ibut or IFQ sablefish based on alloca- begun. Notifications of all actions af- tions of IFQ resulting from QS assigned fecting the applicant after establishing to vessel category A; or an address of record will be mailed to (2) Are authorized to harvest IFQ sa- that address, unless the applicant pro- blefish based on allocations of IFQ re- vides NMFS, in writing, with any sulting from QS assigned to vessel cat- changes to that address. NMFS bears egories B or C unless any person aboard no responsibility if a notification is the vessel is authorized to harvest IFQ sent to the address of record and is not halibut based on allocations of IFQ re- received because the applicant’s actual sulting from QS assigned to vessel cat- address has changed without notifica- egories B, C, or D. tion to NMFS. (f) Statement of reasons for appeals. [61 FR 31230, June 19, 1996, as amended at 61 FR 33385, June 27, 1996; 61 FR 43314, Aug. 22, Applicants must timely submit a full 1996; 62 FR 7948, Feb. 21, 1997; 62 FR 19690, written statement in support of the ap- Apr. 23, 1997; 62 FR 60669, Nov. 12, 1997; 62 FR peal, including a concise statement of 66311, Dec. 18, 1997; 63 FR 11167, Mar. 6, 1998; the reasons the initial administrative 63 FR 47368, Sept. 4, 1998; 63 FR 54611, Oct. 13, determination has a direct and adverse 1998; 64 FR 24962, May 10, 1999] effect on the applicant and should be reversed or modified. If the applicant § 679.43 Determinations and appeals. requests a hearing on any issue pre- (a) General. This section describes the sented in the appeal, such request for procedure for appealing initial admin- hearing must be accompanied by a con- istrative determinations made under cise written statement raising genuine this subpart as well as § 679.4(c), and substantial issues of adjudicative § 679.4(g), and portions of subpart C of fact for resolution and a list of avail- this part that apply to the halibut and able and specifically identified reliable sablefish CDQ program. evidence upon which the factual issues (b) Who may appeal. Any person can be resolved. The appellate officer whose interest is directly and ad- will limit his/her review to the issues versely affected by an initial adminis- stated in the appeal; all issues not set trative determination may file a writ- out in the appeal will be waived. ten appeal. For purposes of this sec- (g) Hearings. The appellate officer tion, such persons will be referred to as will review the applicant’s appeal and ‘‘applicant’’ or ‘‘appellant.’’ request for hearing, and has discretion (c) Submission of appeals. Appeals to proceed as follows: must be in writing and must be sub- (1) Deny the appeal; mitted in original form to the Regional (2) Issue a decision on the merits of Administrator. Contact the Regional the appeal, if the record contains suffi- Administrator for appeals address. Ap- cient information on which to reach peals transmitted by electronic means final judgment; or will not be accepted. (3) Order that a hearing be con- (d) Timing of appeals. (1) If an appli- ducted. The appellate officer may so cant appeals an initial administrative order only if the appeal demonstrates determination, the appeal must be filed the following: not later than 60 days after the date (i) There is a genuine and substantial the determination is issued. issue of adjudicative fact for resolution (2) The time period within which an at a hearing. A hearing will not be or- appeal may be filed begins to run on dered on issues of policy or law. the date the initial administrative de- (ii) The factual issue can be resolved termination is issued. If the last day of by available and specifically identified the time period is a Saturday, Sunday, reliable evidence. A hearing will not be or Federal holiday, the time period will ordered on the basis of mere allega- extend to the close of business on the tions or denials or general descriptions next business day. of positions and contentions. (e) Address of record. NMFS will es- (iii) The evidence described in the re- tablish as the address of record the ad- quest for hearing, if established at dress used by the applicant in initial hearing, would be adequate to justify correspondence to Chief, RAM Divi- resolution of the factual issue in the
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way sought by the applicant. A hearing (ii) The appellant demonstrates that will not be ordered if the evidence de- the appellate officer has a personal scribed is insufficient to justify the bias or any other basis for disqualifica- factual determination sought, even if tion. accurate. (3) If the appellate officer denies a (iv) Resolution of the factual issue in motion to withdraw, he/she will so rule the way sought by the applicant is ade- on the record. quate to justify the action requested. A (m) Written hearing. (1) An appellate hearing will not be ordered on factual officer may order a written hearing issues that are not determinative with under paragraph (h)(1) of this section if respect to the action requested. he/she: (h) Types of hearings. If the appellate (i) Orders a hearing as provided in officer determines that a hearing paragraph (g)(3) of this section; and should be held to resolve one or more (ii) Determines that the issues to be genuine and substantial issues of adju- resolved at hearing can be resolved by dicative fact, he/she may order: allowing the appellant to present writ- (1) A written hearing, as provided in ten materials to support his/her posi- paragraph (m) of this section; or tion. (2) An oral hearing, as provided in (2) After ordering a written hearing, paragraph (n) of this section. the appellate officer will: (i) Authority of the appellate officer. (i) Provide the appellant with notifi- The appellate officer is vested with cation that a written hearing has been general authority to conduct all hear- ordered. ings in an orderly manner, including the authority to: (ii) Provide the appellant with a statement of issues to be determined at (1) Administer oaths. hearing. (2) Call and question witnesses. (iii) Provide the appellant with 30 (3) Issue a written decision based on days to file a written response. The ap- the record. pellant may also provide documentary (j) Evidence. All evidence that is rel- evidence to support his/her position. evant, material, reliable, and probative The period to file a written response may be included in the record. Formal may be extended at the sole discretion rules of evidence do not apply to hear- of the appellate officer, if the appellant ings conducted under this section. shows good cause for the extension. (k) Appellate officers’ decisions. The (3) The appellate officer may, after appellate officer will close the record reviewing the appellant’s written re- and issue a decision after determining sponse and documentary evidence: there is sufficient information to render a decision on the record of the (i) Order that an oral hearing be held, proceedings and that all procedural re- as provided in paragraph (h)(2) of this quirements have been met. The deci- section, to resolve issues that cannot sion must be based solely on the record be resolved through the written hear- of the proceedings. Except as provided ing process; in paragraph (o) of this section, an ap- (ii) Request supplementary evidence pellate officer’s decision takes effect 30 from the appellant before closing the days after it is issued and, upon taking record; or effect, is the final agency action for (iii) Close the record. purposes of judicial review. (4) The appellate officer will close the (l) Disqualification of an appellate offi- record and issue a decision after deter- cer. (1) The appellate officer will with- mining that the information on the draw from an appeal at any time he/she record is sufficient to render a deci- deems himself/herself disqualified. sion. (2) The appellate officer may with- (n) Oral hearing. (1) The appellate of- draw from an appeal on an appellant’s ficer may order an oral hearing under motion if: paragraphs (h)(2) and (m)(3)(i) of this (i) The motion is entered prior to the section if he/she: appellate officer’s issuance of a deci- (i) Orders a hearing as provided in sion; and paragraph (g)(3) of this section; and
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(ii) Determines that the issues to be (6) During the oral hearing, the ap- resolved at hearing can best be re- pellant has the right to present reliable solved through the oral hearing proc- and material oral or documentary evi- ess. dence and to conduct such cross-exam- (2) After ordering an oral hearing, ination as may be required in the inter- the appellate officer will: ests of justice. (i) Provide the appellant with notifi- (7) After the conclusion of the oral cation that an oral hearing has been hearing, the appellant may be given ordered. time by the appellate officer to submit (ii) Provide the appellant with a any supplementary information that statement of issues to be determined at may assist in the resolution of the hearing. case. (iii) Provide the appellant with noti- (8) The appellate officer will close the fication, at least 30 days in advance, of record and issue a decision after deter- the place, date, and time of the oral mining that the information on the hearing. Oral hearings will be held in record is sufficient to render a deci- Juneau, AK, at the prescribed date and sion. time, unless the appellate officer deter- (o) Review by the Regional Adminis- mines, based upon good cause shown, trator. An appellate officer’s decision is that a different place, date, or time subject to review by the Regional Ad- will better serve the interests of jus- ministrator, as provided in this para- tice. A continuance of the oral hearing graph (o). may be ordered at the sole discretion of (1) The Regional Administrator may the appellate officer if the appellant affirm, reverse, modify, or remand the shows good cause for the continuance. appellate officer’s decision before the (3) The appellate officer may, either 30-day effective date of the decision at his/her own discretion or on the mo- provided in paragraph (k) of this sec- tion of the appellant, order a pre-hear- tion. ing conference, either in person or tele- (2) The Regional Administrator may phonically, to consider: take any of these actions on or after (i) The simplification of issues. the 30-day effective date by issuing a (ii) The possibility of obtaining stip- stay of the decision before the 30-day ulations, admissions of facts, and effective date. An action taken under agreements to the introduction of doc- paragraph (o)(1) of this section takes uments. effect immediately. (iii) The possibility of settlement or (3) The Regional Administrator must other means to facilitate resolution of provide a written explanation why an the case. appellate officer’s decision has been re- (iv) Such other matters as may aid in versed, modified, or remanded. the disposition of the proceedings. (4) The Regional Administrator must (4) The appellate officer must provide promptly notify the appellant(s) of any the appellant with notification of a action taken under this paragraph (o). pre-hearing conference, if one is or- (5) The Regional Administrator’s de- dered, at least 30 days in advance of the cision to affirm, reverse, or modify an conference. All action taken at the pre- appellate officer’s decision is a final hearing conference will be made part of agency action for purposes of judicial the record. review. (5) At the beginning of the oral hear- (p) Issuance of a non-transferable li- ing, the appellate officer may first seek cense. A non-transferable license will to obtain stipulations as to material be issued to a person upon acceptance facts and the issues involved and may of his or her appeal of an initial admin- state any other issues on which he/she istrative determination denying an ap- may wish to have evidence presented. plication for a license for license limi- Issues to be resolved at the hearing tation groundfish or crab species under will be limited to those identified by § 679.4(k). This non-transferable license the appellate officer as provided in authorizes a person to conduct directed paragraph (g)(3) of this section. The ap- fishing for groundfish or directed fish- pellant will then be given an oppor- ing for crab species and will have spe- tunity to present his/her case. cific endorsements and designations
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based on the person’s claims in his or ministrator to be necessary and appro- her application for a license. This non- priate for management, compliance transferable license expires upon the monitoring, and research of groundfish resolution of the appeal. fisheries and for the conservation of marine resources or their environment. [61 FR 31230, June 19, 1996, as amended at 62 FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1, (c) Observer requirements for vessels. (1) 1998; 63 FR 64879, Nov. 24, 1998] Observer coverage is required as fol- lows: EFFECTIVE DATE NOTE: At 63 FR 52657, Oct. (i) A mothership of any length that 1, 1998, § 679.43 was amended by adding para- graph (p), effective Jan. 1, 2000. processes 1,000 mt or more in round- weight equivalent of groundfish during § 679.44 Penalties. a calendar month is required to have an observer aboard the vessel each day Any person committing, or a fishing it receives or processes groundfish dur- vessel used in the commission of, a vio- ing that month. lation of the Magnuson-Stevens Act or (ii) A mothership of any length that Halibut Act, or any regulation issued processes from 500 mt to 1,000 mt in under the Magnuson-Stevens Act or round-weight equivalent of groundfish Halibut Act, is subject to the civil and during a calendar month is required to criminal penalty provisions and civil have an observer aboard the vessel at forfeiture provisions of the Magnuson- least 30 percent of the days it receives Stevens Act or Halibut Act, to part 600 or processes groundfish during that of this chapter, to 15 CFR part 904 month. (Civil Procedures), and to other appli- (iii) Each mothership that receives cable law. Penalties include but are not pollock harvested by catcher vessels in limited to permanent or temporary the catcher vessel operational area sanctions to QS and associated IFQ. during the second pollock season that starts on September 1 under Subpart E—Groundfish Observer § 679.23(e)(2) is required to have a sec- Program ond observer aboard, in addition to the observer required under paragraphs SOURCE: 61 FR 56431, Nov. 1, 1996, unless (c)(1) (i) and (ii) of this section, for otherwise noted. each day of the second pollock season until the chum salmon savings area is § 679.50 Groundfish Observer Program closed under § 679.21(e)(7)(vi), or Octo- applicable through December 31, ber 15, whichever occurs first. 2000. (iv) A catcher/processor or catcher (a) General. Operators of vessels pos- vessel 125 ft (38.1 m) LOA or longer sessing a Federal fisheries permit must carry an observer during 100 per- under § 679.4(b)(1) and processors that cent of its fishing days except for a ves- possess a Federal processor permit sel fishing for groundfish with pot gear under § 679.4(f)(1), must comply with as provided in paragraph (c)(1)(vii) of this section. The owner of a fishing this section. vessel subject to this part or a proc- (v) A catcher/processor or catcher essor subject to this part must ensure vessel equal to or greater than 60 ft that the operator or manager complies (18.3 m) LOA, but less than 125 ft (38.1 with this section and is jointly and sev- m) LOA, that participates for more erally liable for such compliance. Ob- than 3 fishing days in a directed fishery server coverage for the CDQ fisheries for groundfish in a calendar quarter obtained in compliance with para- must carry an observer during at least graphs (c)(4) and (d)(4) of this section 30 percent of its fishing days in that may not be used to comply with ob- calendar quarter and at all times dur- server coverage requirements for non- ing at least one fishing trip in that cal- CDQ groundfish fisheries specified in endar quarter for each of the ground- this section. fish fishery categories defined under (b) Purpose. The purpose of the paragraph (c)(2) of this section in Groundfish Observer Program is to which the vessel participates. allow observers to collect Alaska fish- (vi) A catcher/processor or catcher eries data deemed by the Regional Ad- vessel fishing with hook-and-line gear
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that is required to carry an observer (ii) Pacific cod fishery. In a retained under paragraph (c)(1)(v) of this section catch of Pacific cod that is greater must carry an observer during at least than the retained catch of any other one entire fishing trip using hook-and- groundfish species or species group line gear in the Eastern Regulatory that is specified as a separate ground- Area of the GOA during each calendar fish fishery under this paragraph (c)(2). quarter in which the vessel partici- (iii) Sablefish fishery. In a retained pates in a directed fishery for ground- catch of sablefish that is greater than fish in the Eastern Regulatory Area the retained catch of any other ground- using hook-and-line gear. fish species or species group that is (vii) A catcher/processor or catcher specified as a separate groundfish fish- vessel equal to or greater than 60 ft ery under this paragraph (c)(2). (18.3 m) LOA fishing with pot gear that participates for more than 3 fishing (iv) Rockfish fishery. In a retained ag- days in a directed fishery for ground- gregate catch of rockfish that is great- fish in a calendar quarter must carry er than the retained catch of any other an observer during at least 30 percent groundfish species or species group of its fishing days while using pot gear that is specified as a separate ground- in that calendar quarter and during at fish fishery under this paragraph (c)(2). least one entire fishing trip using pot (v) Flatfish fishery. In a retained ag- gear in a calendar quarter for each of gregate catch of all flatfish species, ex- the groundfish fishery categories de- cept Pacific halibut, that is greater fined under paragraph (c)(2) of this sec- than the retained catch of any other tion in which the vessel participates. groundfish species or species group (viii) Red King Crab Savings Area. (A) that is specified as a separate ground- Any catcher/processor or catcher vessel fish fishery under this paragraph (c)(2). used to fish for groundfish in the Red (vi) Other species fishery. In a retained King Crab Savings area must carry an catch of groundfish that does not qual- observer during 100 percent of its fish- ify as a pollock, Pacific cod, sablefish, ing days in which the vessel uses pe- rockfish, or flatfish fishery as defined lagic trawl gear, pot, jig, or longline under paragraphs (c)(2) (i) through (v) gear. of this section. (B) Any catcher/processor or catcher vessel used to fish for groundfish in the (3) Assignment of vessels to fisheries. At Red King Crab Savings Subarea and the end of any fishing trip, a vessel’s subject to this subarea being open to retained catch of groundfish species or vessels fishing for groundfish with non- species groups for which a TAC has pelagic trawl gear under been specified under § 679.20, in round- § 679.21(e)(3)(ii)(B), must carry an ob- weight equivalent, will determine to server during 100 percent of its fishing which fishery category listed under days in which the vessel uses non-pe- paragraph (c)(2) of this section the ves- lagic trawl gear. sel is assigned. (ix) Nearshore Bristol Bay Trawl Clo- (i) Catcher/processors. A catcher/proc- sure. Any catcher/processor or catcher essor will be assigned to a fishery cat- vessel used to fish for groundfish in the egory based on the retained groundfish Nearshore Bristol Bay Trawl Closure catch composition reported on the ves- area must carry an observer during 100 sel’s weekly production report sub- percent of its fishing days in which the mitted to the Regional Administrator vessel uses trawl gear. under § 679.5(i). (2) Groundfish fishery categories requir- (ii) Catcher vessel delivery in Federal Directed fishing ing separate coverage. waters. A catcher vessel that delivers for groundfish, during any fishing trip, to a mothership in Federal waters will that results: be assigned to a fishery category based (i) Pollock fishery. In a retained catch of pollock that is greater than the re- on the retained groundfish catch com- tained catch of any other groundfish position reported on the weekly pro- species or species group that is speci- duction report submitted to the Re- fied as a separate groundfish fishery gional Administrator for that week by under this paragraph (c)(2). the mothership under § 679.5(i).
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(iii) Catcher vessel delivery in Alaska (h)(1)(i)(E) of this section aboard the State waters. A catcher vessel that de- vessel. livers groundfish to a shoreside proc- (iv) Catcher vessel. A catcher vessel essor or to a mothership processor ves- equal to or greater than 60 ft (18.3 m), sel in Alaska State waters will be as- except a catcher vessel that delivers signed to a fishery category based on only unsorted codends to a processor or the retained groundfish catch composi- another vessel, must have at least one tion reported on one or more ADF&G lead CDQ observer as described at para- fish tickets as required under Alaska graph (h)(1)(i)(E) of this section aboard Statutes at A.S. 16.05.690. the vessel. (4) Groundfish and halibut CDQ fish- (d) Observer requirements for shoreside eries. The owner or operator of a vessel processors. Observer coverage is re- groundfish CDQ fishing or halibut CDQ quired as follows. A shoreside processor fishing as defined at § 679.2 must com- that: ply with the following minimum ob- (1) Processes 1,000 mt or more in server coverage requirements each day round-weight equivalent of groundfish that the vessel is used to harvest, during a calendar month is required to transport, process, deliver, or take de- have an observer present at the facility liveries of CDQ or PSQ species. The each day it receives or processes time required for the CDQ observer to groundfish during that month. complete sampling, data recording, and (2) Processes 500 mt to 1,000 mt in data communication duties shall not round-weight equivalent of groundfish exceed 12 hours in each 24–hour period, during a calendar month is required to and, the CDQ observer is required to have an observer present at the facility sample no more than 9 hours in each at least 30 percent of the days it re- 24–hour period. ceives or processes groundfish during (i) Motherships or catcher/processors that month. using trawl gear. A mothership or (3) Offloads pollock at more than one catcher/processor using trawl gear location on the same dock and has dis- must have at least two CDQ observers tinct and separate equipment at each as described at paragraphs (h)(1)(i)(D) location to process those pollock and and (E) of this section aboard the ves- that receives pollock harvested by sel, at least one of whom must be cer- catcher vessels in the catcher vessel tified as a lead CDQ observer. operational area during the second pol- (ii) Catcher/processors using hook-and- lock season that starts on September 1, line gear. A catcher/processor using under § 679.23(e)(2), is required to have hook-and-line gear must have at least an observer, in addition to the observer two CDQ observers as described at required under paragraphs (d) (1) and paragraphs (h)(1)(i)(D) and (E) of this (2) of this section, at each location section aboard the vessels, unless where pollock is offloaded, for each day NMFS approves a CDP authorizing the of the second pollock season until the vessel to carry only one lead CDQ ob- chum salmon savings area is closed server. At least one of the CDQ observ- under § 679.21(e)(7)(vi), or October 15, ers must be certified as a lead CDQ ob- whichever occurs first. server. NMFS may approve a CDP au- (4) Groundfish and halibut CDQ fish- thorizing the vessel to carry only one eries. Each shoreside processor required lead CDQ observer if the CDQ group to have a Federal processor permit supplies vessel logbook or observer under § 679.4(f) and taking deliveries of data that demonstrates that one CDQ CDQ or PSQ from vessels groundfish observer can sample each CDQ set for CDQ fishing as defined at § 679.2 or tak- species composition in one 12–hour ing deliveries from vessels equal to or shift per fishing day. NMFS will not greater than 60 ft (18.3 m) LOA that are approve a CDP that would require the halibut CDQ fishing must have at least observer to divide a 12–hour shift into one lead CDQ observer as described at shifts of less than 6 hours. paragraph (h)(1)(i)(E) of this section (iii) Catcher/processors using pot gear. present at all times while CDQ is being A catcher/processor using pot gear received or processed. The time re- must have at least one lead CDQ ob- quired for the CDQ observer to com- server as described at paragraph plete sampling, data recording, and
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data communication duties shall not (2) A certificate of compliance issued exceed 12 hours in each 24–hour period, pursuant to 46 CFR 28.710; or and the CDQ observer is required to (3) A valid certificate of inspection sample no more than 9 hours in each pursuant to 46 U.S.C. 3311. 24–hour period. (iii) Transmission of data. Facilitate (e) Inseason adjustments in observer transmission of observer data by: coverage requirements. (1) The Regional (A) Observer use of equipment. Allow- Administrator may adjust the observer ing observers to use the vessel’s com- coverage requirements set out under munication equipment and personnel, paragraphs (c) and (d) of this section at on request, for the entry, transmission, any time to improve the accuracy, reli- and receipt of work-related messages, ability, and availability of observer at no cost to the observers or the data, so long as the changes are based United States. on one or more of the following: (B) Communication equipment require- (i) A finding that fishing methods, ments—(1) Hardware and software. Pro- times, or areas, or catch or bycatch viding for use by the observer a per- composition for a specific fishery or sonal computer in working condition fleet component have changed signifi- that contains a full 486DX 66Mhz or cantly, or are likely to change signifi- greater capacity processing chip, at cantly. least 16 megabytes of RAM, at least 75 (ii) A finding that such modifications megabytes of free hard disk storage, are necessary to improve data avail- DOS version 6.0 or a successor version ability or quality in order to meet spe- of the DOS operating system, Windows cific fishery management objectives. 3.1, 3.11, or Windows95 (or equivalent (2) Procedure. Observer coverage re- and compatible software approved by quirements may be adjusted in accord- NMFS), a mouse, and a 3.5-inch floppy ance with § 679.25(c). NMFS must pub- disk drive. The computer equipment lish changes in observer coverage re- specified in this paragraph (B) must be quirements in the FEDERAL REGISTER, connected to either an INMARSAT with the reasons for the changes and Standard C unit capable of transmit- any special instructions to vessels or ting binary files or a communication shoreside processors required to carry device that provides a point-to-point observers, at least 10 calendar days modem connection to the NMFS host prior to their effective date. computer and supports one or more of (f) Responsibilities—(1) Vessel respon- the following protocols: ITU V.22, ITU sibilities. An operator of a vessel re- V.22bis, ITU V.32, ITU V.32bis, or ITU quired to carry one or more observers V.34. Those processors that use other must: than an INMARSAT Standard C unit (i) Accommodations and food. Provide, must have at least a 28.8kbs Hayes- at no cost to observers or the United compatible modem. The above-speci- States, accommodations and food on fied hardware and software require- the vessel for the observer or observers ments do not apply to processors that that are equivalent to those provided do not process groundfish. for officers, engineers, foremen, deck- (2) NMFS-supplied Software. Ensuring bosses or other management level per- that each mothership that is required sonnel of the vessel. to have a second observer aboard under (ii) Safe conditions. (A) Maintain safe paragraph (c)(iii) of this section, ob- conditions on the vessel for the protec- tains the data entry software provided tion of observers including adherence by the Regional Administrator for use to all U.S. Coast Guard and other ap- by the observer. plicable rules, regulations, or statutes (C) Functional and operational equip- pertaining to safe operation of the ves- ment. Ensuring that the communica- sel. tion equipment that is on motherships (B) Have on board: as specified at paragraph (f)(1)(iii)(B) of (1) A valid Commercial Fishing Ves- this section, and that is used by ob- sel Safety Decal issued within the past servers to enter and transmit data, is 2 years that certifies compliance with fully functional and operational. regulations found in 33 CFR Chapter I (iv) Vessel position. Allow observers and 46 CFR Chapter I; access to, and the use of, the vessel’s
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navigation equipment and personnel, small boat or raft in which any trans- on request, to determine the vessel’s fer is made. position. (2) Shoreside processor responsibilities. (v) Access. Allow observers free and A manager of a shoreside processor unobstructed access to the vessel’s must do the following: bridge, trawl or working decks, holding (i) Safe conditions. Maintain safe con- bins, processing areas, freezer spaces, ditions at the shoreside processing fa- weight scales, cargo holds, and any cility for the protection of observers by other space that may be used to hold, adhering to all applicable rules, regula- process, weigh, or store fish or fish tions, or statutes pertaining to safe op- products at any time. eration and maintenance of the proc- (vi) Prior notification. Notify observ- essing facility. ers at least 15 minutes before fish are (ii) Operations information. Notify the brought on board, or fish and fish prod- observers, as requested, of the planned ucts are transferred from the vessel, to facility operations and expected re- allow sampling the catch or observing ceipt of groundfish prior to receipt of the transfer, unless the observers spe- those fish. cifically request not to be notified. (iii) Transmission of data. Facilitate (vii) Records. Allow observers to in- transmission of observer data by: spect and copy the vessel’s DFL, DCPL, (A) Observer use of equipment. Allow- product transfer forms, any other log- ing observers to use the shoreside proc- book or document required by regula- essor’s communication equipment and tions, printouts or tallies of scale personnel, on request, for the entry, weights, scale calibration records, bin transmission, and receipt of work-re- sensor readouts, and production lated messages, at no cost to the ob- records. servers or the United States. (viii) Assistance. Provide all other (B) Communication equipment require- reasonable assistance to enable observ- ments—(1) Hardware and software. Mak- ers to carry out their duties, including, ing available for use by the observer a but not limited to: personal computer in working condi- (A) Measuring decks, codends, and tion that contains a full 486DX 66Mhz holding bins. or greater capacity processing chip, at (B) Providing the observers with a least 16 megabytes of RAM, at least 75 safe work area adjacent to the sample megabytes of free hard disk storage, collection site. DOS version 6.0 or a successor version (C) Collecting bycatch when re- of the DOS operating system, Windows quested by the observers. 3.1, 3.11, or Windows95 (or equivalent (D) Collecting and carrying baskets and compatible software approved by of fish when requested by observers. NMFS), at least a 28.8kbs Hayes-com- (E) Allowing observers to determine patible modem, a mouse, and a 3.5-inch the sex of fish when this procedure will floppy disk drive. The computer equip- not decrease the value of a significant ment specified in this paragraph (B) portion of the catch. must be connected to a communication (ix) Transfer at sea. (A) Ensure that device that provides a point-to-point transfers of observers at sea via small modem connection to the NMFS host boat or raft are carried out during day- computer and supports one or more of light hours, under safe conditions, and the following protocols: ITU V.22, ITU with the agreement of observers in- V.22bis, ITU V.32, ITU V.32bis, or ITU volved. V.34. The above-specified hardware and (B) Notify observers at least 3 hours software requirements do not apply to before observers are transferred, such processors that do not process ground- that the observers can collect personal fish. belongings, equipment, and scientific (2) NMFS-supplied software. Ensuring samples. that each shoreside processor that is (C) Provide a safe pilot ladder and required to have an additional observer conduct the transfer to ensure the safe- under paragraph (d)(3) of this section, ty of observers during transfers. obtains the data entry software pro- (D) Provide an experienced crew vided by the Regional Administrator member to assist observers in the for use by the observer.
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(C) Functional and operational equip- observer must meet the following re- ment. Ensuring that the communica- quirements. tion equipment that is in the shoreside (1) Be a prior observer in the ground- processor as specified at paragraph fish fisheries off Alaska who has com- (f)(2)(iii)(B) of this section and that is pleted at least 60 days of observer data used by observers to transmit data is collection. fully functional and operational. (2) Receive the rating of 1 for ‘‘meets (iv) Access. Allow observers free and expectations’’ or 2 for ‘‘exceptional’’ by unobstructed access to the shoreside NMFS for his or her most recent de- processor’s holding bins, processing ployment. areas, freezer spaces, weight scales, (3) Successfully complete a NMFS- warehouses, and any other space that approved CDQ observer training and/or may be used to hold, process, weigh, or briefing as prescribed by NMFS and store fish or fish products at any time. available from the Observer Program (v) Document access. Allow observers Office. to inspect and copy the shoreside proc- (4) Comply with all of the other re- essor’s DCPL, product transfer forms, quirements of this section. any other logbook or document re- (E) In addition to the requirements quired by regulations; printouts or tal- in paragraph (h)(1)(i)(D) of this section, lies of scale weights; scale calibration to be certified as a ‘‘lead CDQ ob- records; bin sensor readouts; and pro- server’’, an observer must meet the fol- duction records. lowing requirements. (vi) Assistance. Provide all other rea- (1) A ‘‘lead CDQ observer’’ on a catch- sonable assistance to enable the ob- er/processor using trawl gear or a server to carry out his or her duties, mothership must have completed two including, but not limited to: observer cruises (contracts) and sam- (A) Assisting the observer in moving pled at least 100 hauls on a catcher/ and weighing totes of fish. processor using trawl gear or a (B) Cooperating with product recov- mothership. ery tests. (2) A ‘‘lead CDQ observer’’ on a catch- (C) Providing a secure place to store er vessel using trawl gear must have baskets of sampling gear. completed two observer cruises (con- (g) Procurement of observer services. tracts) and sampled at least 50 hauls on Owners of vessels or shoreside proc- a catcher vessel using trawl gear. essors required to carry observers (3) A ‘‘lead CDQ observer’’ on a vessel under paragraphs (c) and (d) of this sec- using nontrawl gear must have com- tion must arrange for observer services pleted two observer cruises (contracts) from an observer contractor or con- of at least 10 days each and sampled at tractors. A list of observer contractors least 60 sets on a vessel using nontrawl is available upon request from the Ob- gear. server Program Office. (4) A ‘‘lead CDQ observer’’ in a shore- (h) Certification and decertification of side processing plant must have ob- observers—(1) Certification of observers— served at least 30 days in a shoreside (i) Requirements. NMFS will certify in- processing plant. dividuals who: (ii) Term. An observer’s certification (A) Meet education and/or experience expires upon completion of a deploy- standards available from the Observer ment. Observers can be decertified or Program Office. suspended by NMFS under paragraph (B) Have successfully completed a (j) of this section. NMFS-approved observer training and/ (2) Standards of observer conduct—(i) or briefing as prescribed by NMFS and Conflict of interest. available from the Observer Program (A) Observers: Office. (1) May not have a direct financial (C) Have not been suspended or decer- interest, other than the provision of tified under paragraph (j) of this sec- observer services, in a North Pacific tion. fishery, including, but not limited to, (D) For purposes of the groundfish vessels or shoreside facilities involved CDQ fisheries, a NMFS-certified CDQ in the catching or processing of the
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products of the fishery, concerns sell- (2) Engaging in the use or distribu- ing supplies or services to these vessels tion of illegal drugs; or or shoreside facilities, or concerns pur- (3) Becoming physically or emotion- chasing raw or processed products from ally involved with vessel or processing these vessels or shoreside facilities. facility personnel. (2) May not solicit or accept, directly (i) Certification and decertification of or indirectly, any gratuity, gift, favor, observer contractors—(1) Certification of entertainment, loan, or anything of observer contractors—(i) Application. An monetary value from anyone who con- applicant seeking to become an ob- ducts activities that are regulated by server contractor must submit an ap- NMFS, or who has interests that may plication to the Regional Adminis- be substantially affected by the per- trator describing the applicant’s abil- formance or nonperformance of the ob- ity to carry out the responsibilities servers’ official duties. and duties of an observer contractor as (3) May not serve as observers on any set out in paragraph (i)(2) of this sec- vessel or at any shoreside facility tion and the arrangements and meth- owned or operated by a person who pre- ods to be used. Observer contractors viously employed the observers. who were certified prior to January 1, (4) May not solicit or accept employ- 1999, and who have provided observer ment as a crew member or an employee services during 1998 are exempt from of a vessel or shoreside processor in a this requirement to submit an applica- North Pacific fishery while under con- tion and are certified for the term spec- tract with an observer contractor. ified in paragraph (i)(1)(iii) of this sec- tion. (B) Provisions for remuneration of (ii) Selection. The Regional Adminis- observers under this section do not trator may select one or more observer constitute a conflict of interest under contractors based on the information this paragraph (h)(2). submitted by applicants under para- (ii) Observers Standards of behavior. graph (i)(1)(i) of this section and on must avoid any behavior that could ad- other selection criteria that are avail- versely affect the confidence of the able from the Observer Program Office. public in the integrity of the Observer (iii) Term. Observer contractors will Program or of the government, includ- be certified through December 31, 2000. ing but not limited to the following: NMFS can decertify or suspend ob- (A) Observers must diligently per- server contractors pursuant to para- form their assigned duties. graph (j) of this section. (B) Observers must accurately record (2) Responsibilities and duties of ob- their sampling data, write complete re- server contractors include but are not ports, and report honestly any sus- limited to the following: pected violations of regulations rel- (i) Recruiting, evaluating, and hiring evant to conservation of marine re- qualified candidates to serve as observ- sources or their environment that are ers, including minorities and women. observed. (ii) Ensuring that only observers pro- (C) Observers must not disclose col- vide observer services. lected data and observations made on (iii) Providing observers as requested board the vessel or in the processing fa- by vessels and processors to fulfill re- cility to any person except the owner quirements under paragraphs (c) and or operator of the observed vessel or (d) of this section. processing facility, an authorized offi- (iv) Providing observers’ salary, ben- cer, or NMFS. efits and personnel services in a timely (D) Observers must refrain from en- manner. gaging in any illegal actions or any (v) Providing all logistics to place other activities that would reflect neg- and maintain the observers aboard the atively on their image as professional fishing vessels or at the site of the scientists, on other observers, or on the processing facility. This includes all Observer Program as a whole. This in- travel arrangements, lodging and per cludes, but is not limited to: diem, and any other services required (1) Engaging in excessive drinking of to place observers aboard vessels or at alcoholic beverages; processing facilities. Unless alternative
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arrangements are approved by the Ob- conformance with NMFS’ standards of server Program Office: observer conduct under paragraph (A) Observers must not be deployed (h)(2) of this section. on the same vessel or at the same (xiv) Providing the following infor- shoreside processor for more than 90 mation to the Observer Program Office days in a 12-month period. by electronic transmission (e-mail), (B) A deployment cannot exceed 90 fax, or other method specified by days. NMFS. (C) A deployment cannot include as- (A) Observer training registration signments to more than four vessels consisting of a list of individuals to be and/or shoreside processors. hired upon approval by NMFS and a (vi) Supplying alternate observers or copy of each person’s academic tran- prospective observers if one or more scripts, resume, and application for ob- observers or prospective observers are server employment. The list must in- not approved by NMFS, fail to success- clude the person’s name and sex. The fully complete observer training or person’s social security number is re- briefing, are injured and must be re- quested. Observer briefing registration placed, or resign prior to completion of consisting of a list of the observer’s duties. name, requested briefing class date, (vii) Maintaining communications and briefing location. If the Observer with observers at sea and shoreside fa- Program Office has excused an observer cilities. Each observer contractor must from attending a briefing, the briefing have an employee responsible for ob- registration must also include the server activities on call 24 hours a day names of observers excused from brief- to handle emergencies involving ob- ing, the date the observer was excused, servers, or problems concerning ob- and the name of the NMFS staff person server logistics, whenever observers are granting the excuse. This information at sea, stationed at shoreside facilities, must be submitted to the Observer Pro- in transit, or in port awaiting board- gram Office at least 5 working days ing. prior to the beginning of a scheduled (viii) In cooperation with vessel or observer certification training or brief- processing facility owners, ensuring ing session. that all observers’ in-season catch mes- (B) Projected observer assignments sages and other required transmissions that include the observer’s name; ves- between observers and NMFS are deliv- sel or shoreside processor assignment, ered to NMFS within a time specified type, and code; port of embarkation; by the Regional Administrator. target species; and area of fishing. This (ix) Ensuring that observers complete information must be submitted to the mid-deployment data reviews when re- Observer Program Office prior to the quired. completion of the training or briefing (x) Ensuring that observers complete session. debriefing as soon as possible after the (C) Observer deployment/logistics re- completion of their deployment and at ports that include the observer’s name, locations specified by the Regional Ad- cruise number, current vessel or shore- ministrator. side processor assignment and code, (xi) Ensuring all data, reports, and embarkation date, and estimated and biological samples from observer de- actual disembarkation dates. This in- ployments are complete and submitted formation must be submitted weekly to NMFS at the time of the debriefing as directed by the Observer Program interview. Office. (xii) Ensuring that all sampling and (D) Observer debriefing registration safety gear are returned to the Ob- that includes the observer’s name, server Program Office and that any cruise number, vessel or shoreside gear and equipment lost or damaged by processor name(s), and requested de- observers is replaced according to briefing date. NMFS requirements. (E) Copies of ‘‘certificates of insur- (xiii) Monitoring observers’ perform- ance’’ that name the NMFS Observer ance to ensure satisfactory execution Program Task Leader as a ‘‘certificate of duties by observers and observer holder’’. The certificates of insurance
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shall verify the following coverage pro- (4) Shoreside processors required to visions and state that the insurance have observer coverage as specified at company will notify the certificate paragraph (d)(1)(ii) of this section, holder if insurance coverage is changed (5) Observers (to include contracts for or cancelled: the various compensation or salary lev- (1) Maritime Liability to cover ‘‘sea- els of observers, the levels being based men’s’’ claims under the Merchant Ma- on observer experience). rine Act (Jones Act) and General Mari- (6) Required copies of contracts must time Law ($1 million minimum). be submitted by mail or faxed to: (2) Coverage under the U.S. NMFS Observer Program Office, 7600 Longshore and Harbor Workers’ Com- Sandpoint Way Northeast, Seattle, WA pensation Act ($1 million minimum). 98115–0070; fax number 206–526–4066. (3) States Workers’ Compensation as (H) Reports of observer harassment, required. concerns about vessel or processor safe- (4) Commercial General Liability. ty, or observer performance problems (F) Notification that, based upon a must be submitted within 24 hours physical examination during the 12 after the observer contractor becomes months prior to an observer’s deploy- aware of the problem. ment, an examining physician has cer- (3) Conflict of interest. Observer con- tified that an observer does not have tractors: any health problems or conditions that would jeopardize the observer’s safety (i) Must not have a direct financial or the safety of others while deployed, interest, other than the provision of or prevent the observer from per- observer services, in a North Pacific forming his or her duties satisfactorily, fishery, including, but not limited to, and that prior to examination, the cer- vessels or shoreside facilities involved tifying physician was made aware of in the catching or processing of the the dangerous, remote and rigorous na- products of the fishery, concerns sell- ture of the work. This information, in- ing supplies or services to these vessels cluding the date of the physical exam- or shoreside facilities, or concerns pur- ination, must be submitted prior to the chasing raw or processed products from completion of the training or briefing these vessels or shoreside facilities. session. (ii) Must assign observers without re- (G) A completed and unaltered copy gard to any preference by representa- of each type of signed and valid con- tives of vessels and shoreside facilities tract (including all attachments, ap- based on observer race, gender, age, re- pendices, addendums, and exhibits in- ligion, or sexual orientation. corporated into the contract) an ob- (iii) Must not solicit or accept, di- server contractor has with those enti- rectly or indirectly, any gratuity, gift, ties requiring observer services under favor, entertainment, loan, or anything paragraphs (c) and (d) of this section of monetary value from anyone who and with observers. Completed and conducts activities that are regulated unaltered copies of signed and valid by NMFS, or who has interests that contracts with specific entities requir- may be substantially affected by the ing observer services or with specific performance or nonperformance of the observers must be submitted to the Ob- official duties of observer contractors. server Program Office upon request. (j) Suspension and Decertification Proc- Types of signed and valid contracts in- ess—(1) Applicability. This paragraph (j) clude the contracts an observer con- sets forth the procedures for suspen- tractor has with: sion and decertification of observers (1) Vessels required to have observer and observer contractors under this coverage as specified at paragraphs section. (c)(1)(i) and (iv) of this section, (2) Policy. (i) NMFS must certify re- (2) Vessels required to have observer sponsible and qualified observers and coverage as specified at paragraphs observer contractors only. Suspension (c)(1)(ii), (v), and (vii) of this section, and decertification are discretionary (3) Shoreside processors required to actions that, taken in accordance with have observer coverage as specified at this section, are appropriate means to paragraph (d)(1)(i) of this section, effectuate this policy.
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(ii) The serious nature of suspension essary. In assessing the adequacy of and decertification requires that these the evidence, the suspending official actions be taken only in the public in- should consider how much information terest for the promotion of fishery con- is available, how credible it is given servation and management and not for the circumstances, whether or not im- purposes of punishment. NMFS may portant allegations are corroborated, impose suspension or decertification and what inferences can reasonably be only for the causes and in accordance drawn as a result. with the procedures set forth in this (ii) Causes for suspension. The sus- section. pending official may suspend observers (iii) In addition to suspension and de- or observer contractors: certification, observers and observer (A) Upon a determination, based contractors who violate provisions of upon adequate evidence, that observers this part may be subject to penalties, or observer contractors committed any fines, and other sanctions as author- acts or omissions constituting a cause ized by law. for decertification under paragraph (3) Public availability of suspension or (j)(6)(ii) of this section; or decertification records. Public avail- (B) Upon indictment for any of the ability of suspension or decertification causes for decertification in records will depend upon the provisions (j)(6)(ii)(A)(1) or (j)(6)(ii)(B)(1) of this of the Freedom of Information Act and section. other applicable law. (iii) Procedures—(A) Review. The sus- (4) Effect and timing of suspension or pending official must review all avail- decertification. (i) Observers or observer able evidence and must promptly de- contractors decertified or suspended termine whether or not to proceed with must not provide services prescribed by suspension. The suspending official this section to vessels and shoreside may refer the matter to the NMFS in- processors. vestigator for further investigation, or (ii) Suspension and decertification to the decertifying officer. actions may be combined and imposed (B) Notice of suspension. When observ- simultaneously. ers or observer contractors and any (iii) Suspension or decertification of specifically named affiliates are sus- observer contractors includes all divi- pended, they must be immediately ad- sions or other organizational elements vised personally or by certified mail, of observer contractors, unless the sus- return receipt requested, at the last pension or decertification decision is known residence or place of business: limited by its terms to specific divi- (1) That they have been suspended sions or organizational elements. The and that the suspension is based on an suspending or decertifying official indictment or other adequate evidence may, at his or her sole discretion, in- that observers or observer contractors clude any affiliates of observer con- have committed acts or omissions con- tractors if they are specifically named stituting grounds for suspension under and given written notice of the suspen- (j)(5)(ii) of this section. Such acts or sion or proposed decertification and an omissions may be described in terms opportunity to respond under para- sufficient to place observers or ob- graph (j)(5)(iii)(B) or (j)(6)(iii)(C) of this server contractors on notice without section. disclosing NMFS’ evidence. (5) Suspension—(i) General. (A) The (2) That the suspension is for a tem- suspending official may, in the public porary period pending the completion interest, suspend observers or observer of an investigation and such decerti- contractors for any of the causes in fication proceedings as may ensue. paragraph (j)(5)(ii) of this section, (3) Of the cause(s) relied upon under using the procedures in paragraph paragraph (j)(5)(ii) of this section for (j)(5)(iii) of this section. imposing suspension. (B) Suspension may be imposed on (4) Of the effect of the suspension. the basis of adequate evidence, pending (5) That, within 30 days after receipt the completion of investigation or of the notice, the observers or observer legal proceedings, when NMFS deter- contractors may submit, in writing, mines that immediate action is nec- documentary evidence and argument in
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opposition to the suspension, including (ii) In which additional proceedings any additional specific documentary to determine disputed material facts evidence that raises a genuine dispute have been denied on the basis of NOAA over the material facts. General Counsel advice. (6) That additional proceedings to de- (2) In actions in which additional pro- termine disputed material facts may be ceedings are necessary as to disputed conducted unless: material facts, written findings of fact (i) The action is based on an indict- must be prepared. The suspending offi- ment; or cial must base the decision on the facts (ii) A determination is made, on the as found, together with any informa- basis of NOAA General Counsel advice, tion and argument submitted by ob- that the substantial interests of the servers or observer contractors and any government in pending or con- other information in the administra- templated legal proceedings based on tive record. the same facts as the suspension would (3) The suspending official may refer be prejudiced. matters involving disputed material (C) Dispute. For suspensions not facts to another official for findings of based on an indictment, if NMFS deter- fact. The suspending official may re- mines that the observers’ or observer ject any such findings, in whole or in contractors’ submission in opposition part. raises a genuine dispute over facts ma- (4) The suspending official’s decision terial to the suspension and if no deter- must be made after the conclusion of mination has been made, on the basis the proceedings with respect to dis- of NOAA General Counsel advice, that puted facts. substantial interests of the govern- ment in pending or contemplated legal (5) Prompt written notice of the sus- proceedings based on the same facts as pending official’s decision to affirm, the suspension would be prejudiced, the modify, or terminate the notice of sus- suspending official: pension issued under this paragraph (1) Must afford observers or observer (j)(5) must be served on observers or ob- contractors an opportunity to submit server contractors and any affiliates additional documentary evidence upon involved, personally or by certified a showing that such documentary evi- mail, return receipt requested, at the dence was unavailable during the 30- last known residence or place of busi- day period following receipt of the no- ness. tice of suspension. (E) Period of suspension. (1) Suspen- (2) May, at his or her sole discretion, sion is for a temporary period pending afford observers or observer contrac- the completion of any investigation tors an opportunity to appear in per- and any ensuing legal proceedings or son, present witnesses, and confront decertification proceedings, including any person NMFS presents. The sus- any administrative review under para- pending official must make an audio graph (j)(7) of this section, unless soon- tape of the proceedings and make a er terminated by the suspending offi- copy available at cost to observers or cial or as provided under this para- observer contractors upon request, un- graph (j). If suspension is in effect, the less observers or observer contractors decertifying official will expedite any and NMFS, by mutual agreement, related decertification proceedings. waive the requirement for an audio (2) If legal proceedings or decertifica- tape. tion proceedings are not initiated with- (D) Suspending official’s decision. (1) in 12 months after the date of the sus- The suspending official’s decision must pension notice, the suspension must be be based on all the information in the terminated. administrative record, including any (F) Scope of suspension for observer submission made by observers or ob- contractors. The scope of suspension server contractors on action based on must be the same as that for decerti- an indictment: fication under paragraph (j)(6)(v), ex- (i) In which observers or observer cept that the procedures set out under contractors’ submissions do not raise a paragraph (j)(5) must be used in impos- genuine dispute over material facts; or ing suspension.
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(6) Decertification—(i) General. The de- attempting to obtain certification, or certifying official may, in the public in performing the responsibilities and interest, decertify observers or ob- duties of observer contractors as pre- server contractors for any of the causes scribed under paragraph (i)(2) of this in paragraph (j)(6)(ii) of this section section; using the procedures in paragraph (ii) Commission of embezzlement, (j)(6)(iii) of this section. The existence theft, forgery, bribery, falsification or of a cause for decertification does not destruction of records, making false necessarily require that observers or statements, or receiving stolen prop- observer contractors be decertified; the erty; or seriousness of the acts or omissions (iii) Commission of any other offense and any mitigating factors should be indicating a lack of business integrity considered in making any decertifica- or business honesty that seriously and tion decision. The existence or non- directly affects the present fitness of existence of any mitigating factors is observer contractors. not necessarily determinative of an ob- (2) The decertifying official may de- servers’ or observer contractors’ certify observer contractors, based present fitness. Accordingly, if a cause upon a preponderance of the evidence, for decertification exists, observers or upon a determination that observer observer contractors have the burden contractors have: of demonstrating, to the satisfaction of (i) Failed to satisfactorily perform the decertifying official, present fit- the responsibilities and duties of ob- ness and that decertification is not server contractors as prescribed under necessary. paragraph (i)(2) of this section; or (ii) Causes for decertification—(A) Ob- ( ) A conflict of interest as set out servers. (1) The decertifying official ii may decertify observers for a convic- under paragraph (i)(3) of this section. tion of or civil judgment for the fol- (iii) Procedures—(A) Investigation and lowing: referral. NMFS personnel must prompt- (i) Commission of fraud or other vio- ly report to the NMFS investigator lation in connection with obtaining or matters appropriate for further inves- attempting to obtain certification, or tigation. The NMFS investigator must in performing the duties of observers as investigate matters so referred and prescribed by NMFS; submit the investigative material to (ii) Commission of embezzlement, the decertifying official or, if appro- theft, forgery, bribery, falsification or priate, to the suspending official. destruction of records, making false (B) Review. The decertifying official statements, or receiving stolen prop- must review all available evidence and erty; or must promptly determine whether or (iii) Commission of any other offense not to proceed with decertification. indicating a lack of integrity or hon- The decertifying official may refer the esty that seriously and directly affects matter to the NMFS investigator for the present fitness of observers. further investigation or, if appropriate, (2) The decertifying official may de- to the suspending official. certify observers, based upon a prepon- (C) Notice of proposed decertification. If derance of the evidence, upon a deter- the decertifying official determines to mination that observers have: proceed with decertification, he or she (i) Failed to satisfactorily perform must serve a notice of proposed decer- the duties of observers as prescribed by tification upon observers or observer NMFS; or contractors and any specifically named (ii) Failed to abide by the standards affiliates, personally or by certified of conduct for observers as prescribed mail, return receipt requested, at the under paragraph (h)(2) of this section. last known residence or place of busi- (B) Observer contractors. (1) The decer- ness, advising: tifying official may decertify observer (1) That decertification is being con- contractors for a conviction of or civil sidered. judgment for the following: (2) Of the reasons for the proposed de- (i) Commission of fraud or other vio- certification in terms sufficient to put lation in connection with obtaining or observers or observer contractors on
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notice of the conduct or transaction(s) mitted by observers or observer con- upon which it is based. tractors. (3) Of the cause(s) relied upon under (2) In actions in which additional pro- paragraph (j)(6)(ii) of this section for ceedings are necessary as to disputed proposing decertification. material facts, written findings of fact (4) That, within 30 days after receipt must be prepared. The decertifying of- of the notice, observers or observer ficial must base the decision on the contractors may submit, in writing, facts as found, together with any infor- documentary evidence and argument in mation and argument submitted by ob- opposition to the proposed decertifica- servers or observer contractors and any tion, including any additional specific other information in the administra- documentary evidence that raises a tive record. genuine dispute over the material (3) The decertifying official may refer facts. matters involving disputed material (5) Of NMFS’ procedures governing facts to another official for findings of decertification decision making. fact. The decertifying official may re- (6) Of the effect of the issuance of the ject any such findings, in whole or in notice of proposed decertification. part. (7) Of the potential effect of an actual (4) The decertifying official’s decision decertification. must be made after the conclusion of (D) Dispute. In actions not based upon the proceedings with respect to dis- a conviction or civil judgment, if it is puted facts. found that observers’ or observer con- (5) In any action in which the pro- tractors’ submissions raise a genuine posed decertification is not based upon dispute over facts material to the pro- a conviction or civil judgment, the posed decertification, the decertifying cause for decertification may be estab- official: lished by a preponderance of the evi- (1) Must afford observers or observer dence. contractors an opportunity to submit (F) Notice of decertifying official’s deci- additional documentary evidence upon sion. (1) If the decertifying official de- a showing that such documentary evi- cides to impose decertification, observ- dence was unavailable during the 30- ers or observer contractors and any af- day period following receipt of the no- filiates involved must be given prompt tice of proposed decertification. notice personally or by certified mail, (2) May, at his or her sole discretion, return receipt requested, at the last afford observers or observer contrac- known residence or place of business. tors an opportunity to appear in per- Such notice must: son, present witnesses, and confront (i) Refer to the notice of proposed de- any person NMFS presents. The decer- certification. tifying official must make an audio (ii) Specify the reasons for decerti- tape of the proceedings and make a fication. copy available at cost to observers or (iii) Advise that the decertification is observer contractors upon request, un- effective immediately, unless the de- less observers or observer contractors certifying official determines that and NMFS, by mutual agreement, there is a compelling reason for main- waive the requirement for an audio taining certification for a specified pe- tape. riod under conditions and restrictions (E) Decertifying official’s decision. (1) necessary and appropriate to protect In actions based upon a conviction or the public interest or promote fishery judgment, or in which there is no gen- conservation and management and uine dispute over material facts, the states the reasons in the notice. decertifying official must make a deci- (2) If decertification is not imposed, sion on the basis of all the information the decertifying official must promptly in the administrative record, including notify observers or observer contrac- any submission made by observers or tors and any affiliates involved, by cer- observer contractors. The decision tified mail, return receipt requested, at must be made after receipt of any the last known residence or place of timely information and argument sub- business.
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(iv) Period of decertification. (A) De- (ii) Administrative review is discre- certification must be in force indefi- tionary. Petitions for discretionary re- nitely or until rescinded. view may be filed only upon one or (B) The decertifying official may re- more of the following grounds: scind decertification, upon observers’ (A) A finding of material fact is or observer contractors’ request, sup- clearly erroneous based upon the ad- ported by documentation, for reasons ministrative record; such as: (B) A substantial and important (1) Newly discovered material evi- question of policy or discretion is in- dence; volved; or (2) Reversal of the conviction or civil (C) A prejudicial error has occurred. judgment upon which the decertifica- (iii) If the appeals officer declines re- tion was based; view based on the written petition, ob- (3) Bona fide change in ownership or servers or observer contractors must be management; immediately advised of the decision to (4) Elimination of other causes for decline review personally or by cer- which the decertification was imposed; tified mail, return receipt requested, at or the last known residence or place of (5) Other reasons the decertifying of- business. ficial deems appropriate. (iv) If the appeals officer grants re- (v) Scope of decertification. (A) The im- view based on the written petition, he proper conduct of any officer, director, or she may request further written ex- shareholder, partner, employee, or planation from observers, observer con- other individual associated with ob- tractors, or the decertifying officer or server contractors may be imputed to suspending officer. The appeals officer the observer contractors when the con- will then render a written decision to duct occurred in connection with the affirm, modify, or terminate the sus- performance of duties for or on behalf pension or decertification or return the of observer contractors, or with ob- matter to the suspending or decerti- server contractors’ knowledge, ap- fying official for further findings. The proval, or acquiescence. Observer con- appeals officer must base the decision tractors’ acceptance of the benefits de- on the administrative records compiled rived from the conduct must be evi- under paragraphs (j)(5) or (j)(6) of this dence of such knowledge, approval, or section, as appropriate. The appeals of- acquiescence. ficer will serve the decision on observ- (B) The improper conduct of observer ers or observer contractors and any af- contractors may be imputed to any of- filiates involved, personally or by cer- ficer, director, shareholder, partner, tified mail, return receipt requested, at employee, or other individual associ- the last known residence or place of ated with observer contractors who business. participated in, knew of, or had reason (v) An appeals officer’s decision im- to know of the observer contractors’ posing suspension, or decertification or conduct. an unpetitioned suspending, or decerti- (7) Administrative review of suspension fying official’s decision is the final ad- or decertification. ministrative decision of the U.S. De- (i) Observers or observer contractors partment of Commerce. may petition for review of a suspension (k) Release of observer data to the pub- decision issued under paragraph lic—(1) Summary of weekly data. The fol- (j)(5)(iii) of this section or a decerti- lowing information collected by ob- fication decision issued under para- servers for each catcher processor and graph (j)(6)(iii) of this section within 30 catcher vessel during any weekly re- days after the date the decision was porting period may be made available served. The petition must be addressed to the public: to the appeals officer identified in the (i) Vessel name and Federal permit notice of suspension or decertification. number. Any petitioned suspension will remain (ii) Number of chinook salmon and in effect pending the appeals officer’s ‘‘other salmon’’ observed. written decision to affirm, modify or (iii) The ratio of total round weight terminate the suspension. of halibut or Pacific herring to the
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total round weight of groundfish in thereafter, that disclosure of the infor- sampled catch. mation listed in paragraphs (k) (1) and (iv) The ratio of number of king crab (2) of this section could reasonably be or C. bairdi Tanner crab to the total expected to cause substantial competi- round weight of groundfish in sampled tive harm. The determination whether hauls. to disclose the information will be (v) The number of observed trawl made pursuant to 15 CFR 4.7. hauls or fixed gear sets. [61 FR 56431, Nov. 1, 1996, as amended at 61 (vi) The number of trawl hauls that FR 63761, Dec. 2, 1996; 61 FR 65989, Dec. 16, were basket sampled. 1996; 62 FR 60182, Nov. 7, 1997; 62 FR 63891, (vii) The total weight of basket sam- Dec. 3, 1997; 62 FR 67760, Dec. 30, 1997; 63 FR ples taken from sampled trawl hauls. 11168, Mar. 6, 1998; 63 FR 30409, June 4, 1998; (2) Haul-specific data. (i) The informa- 63 FR 69025, Dec. 15, 1998; 64 FR 20215, Apr. 26, tion listed in paragraphs (k)(2)(i) (A) 1999] through (M) of this section and col- EFFECTIVE DATE NOTE: At 64 FR 3437, Jan. lected by observers from observed 22, 1999, § 679.50 was amended by adding para- hauls on board vessels using trawl gear graph (c)(5), effective Jan. 20, 1999, through to participate in a directed fishery for July 19, 1999. At 64 FR 33425, June 23, 1999, groundfish other than rockfish, Green- the effective date was extended from July 19, land turbot, or Atka mackerel may be 1999, through Dec. 31, 1999. For the conven- ience of the user, the added text is set forth made available to the public: as follows: (A) Date. (B) Time of day gear is deployed. § 679.50 Groundfish Observer Program (C) Latitude and longitude at begin- applicable through December 21, ning of haul. 2000. (D) Bottom depth. (E) Fishing depth of trawl. * * * * * (F) The ratio of the number of chi- (c) * * * nook salmon to the total round weight (5) Observer coverage under the Amer- of groundfish. ican Fisheries Act (applicable through (G) The ratio of the number of other July 19, 1999). Any catcher/processor salmon to the total round weight of listed under section 208(e)(1) through groundfish. (20) of the American Fisheries Act is (H) The ratio of total round weight of required to have two observers aboard halibut to the total round weight of the vessel any day it harvests, receives, groundfish. or processes groundfish. One of the two (I) The ratio of total round weight of observers must meet the qualifications herring to the total round weight of described at paragraph (h)(1)(i)(D) of groundfish. this section. (J) The ratio of the number of king crab to the total round weight of groundfish. * * * * * (K) The ratio of the number of C. APPENDIX A TO PART 679—PERFORM- bairdi Tanner crab to the total round ANCE AND TECHNICAL REQUIREMENTS weight of groundfish. FOR SCALES USED TO WEIGH CATCH (L) Sea surface temperature (where AT SEA IN THE GROUNDFISH FISH- available). ERIES OFF ALASKA (M) Sea temperature at fishing depth of trawl (where available). TABLE OF CONTENTS (ii) The identity of the vessels from 1. Introduction which the data in paragraph (k)(2)(i) of 2. Belt Scales this section are collected will not be 2.1 Applicability released. 2.2 Performance Requirements (3) Competitive harm. In exceptional 2.2.1 Maximum Permissible Errors circumstances, the owners and opera- 2.2.1.1 Laboratory Tests 2.2.1.2 Zero Load Tests tors of vessels may provide to the Re- 2.2.1.3 Material Tests gional Administrator written justifica- 2.2.2 Minimum Flow Rate (Σmin) tion at the time observer data are sub- 2.2.3 Minimum Totalized Load (Σmin) mitted, or within a reasonable time 2.2.4 Influence Quantities
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2.2.4.1 Temperature 3.3.1.14.1 Manual 2.2.4.2 Power Supply 3.3.1.14.2 Semi-automatic 2.3 Technical Requirements 3.3.1.15 Damping Means 2.3.1 Indicators and Printers 3.3.1.16 Adjustments to Scale Weights 2.3.1.1 General 3.3.2 Interlocks and Gate Control 2.3.1.2 Values Defined 3.3.3 Overfill Sensor 2.3.1.3 Units 3.3.4 Weighing Elements 2.3.1.4 Value of the Scale Division 3.3.4.1 Overload Protection 2.3.1.5 Range of Indication 3.3.4.2 Adjustable Components 2.3.1.6 Resettable and Non-resettable Val- 3.3.4.3 Motion Compensation ues 3.3.5 Installation Conditions 2.3.1.7 Rate of Flow Indicator 3.3.6 Marking 2.3.1.8 Printed Information 3.3.6.1 Presentation 2.3.1.9 Permanence of Markings 3.4 Tests 2.3.1.10 Power Loss 3.4.1 Standards 2.3.1.11 Adjustable Components 3.4.2 Laboratory Tests 2.3.1.12 Audit Trail 3.4.2.1 Influence Quantity and Disturb- 2.3.1.13 Adjustments to Scale Weights ance Tests 2.3.2 Weighing Elements 3.4.2.2 Performance Tests 2.3.2.1 Speed Measurement 3.4.3 Annual Scale Inspections 2.3.2.2 Conveyer Belt 4. Platform Scales and Hanging Scales 2.3.2.3 Overload Protection 4.1 Applicability 2.3.2.4 Speed Control 4.2 Performance Requirements 2.3.2.5 Adjustable Components 4.2.1 Maximum Permissible Errors 2.3.2.6 Motion Compensation 4.2.1.1 Laboratory Tests 2.3.3 Installation Conditions 4.2.1.2 Increasing and Decreasing Load 2.3.4 Marking and Shift Tests 2.3.4.1 Presentation 4.2.2 Accuracy Classes 2.4 Tests 4.2.3 Minimum Load 2.4.1 Minimum Test Load 4.2.4 Influence Quantities 2.4.2 Laboratory Tests 4.2.4.1 Temperature 2.4.2.1 Influence Quantity and Disturb- 4.2.4.1.1 Operating Temperature ance Tests 4.2.4.2 Power Supply 2.4.2.2 Zero-Load Tests 4.3 Technical Requirements 2.4.2.3 Material Tests 4.3.1 Indicators and Printers 2.4.3 Annual Scale Inspections 4.3.1.1 General 2.4.3.1 Zero-Load Tests 4.3.1.2 Values Defined 2.4.3.2 Material Tests 4.3.1.3 Units 3. Automatic Hopper Scales 4.3.1.4 Value of the Scale Division 3.1 Applicability 4.3.1.5 Printed Information 3.2 Performance Requirements 4.3.1.6 Permanence of Markings 3.2.1 Maximum Permissible Errors 4.3.1.7 Power Loss 3.2.1.1 Laboratory Tests 4.3.1.8 Adjustable Components 3.2.1.2 Increasing and Decreasing Load 4.3.1.9 Zero-Load Adjustment Tests 4.3.1.9.1 Manual 3.2.2 Minimum Weighment (Σmin) 4.3.1.9.2 Semi-automatic 3.2.3 Minimum Totalized Load (Lot) 4.3.1.10 Damping Means 3.2.4 Influence Quantities 4.3.2 Weighing Elements 3.2.4.1 Temperature 4.3.2.1 Overload Protection 3.2.4.1.1 Operating Temperature 4.3.2.2 Adjustable Components 3.2.4.2 Power Supply 4.3.2.3 Motion Compensation 3.3 Technical Requirements 4.3.3 Installation Conditions 3.3.1 Indicators and Printers 4.3.4 Marking 3.3.1.1 General 4.3.4.1 Presentation 3.3.1.2 Values Defined 4.4 Tests 3.3.1.3 Units 4.4.1 Standards 3.3.1.4 Value of the Scale Division 4.4.2 Laboratory Tests 3.3.1.5 Weighing Sequence 4.4.2.1 Influence Quantities and Disturb- 3.3.1.6 Printing Sequence ance Tests 3.3.1.7 Printed Information 4.4.2.2 Performance Tests 3.3.1.8 Permanence of Markings 4.4.3 Annual Scale Inspections 3.3.1.9 Range of Indication 5. Definitions 3.3.1.10 Non-resettable Values ANNEX A TO APPENDIX A TO PART 679— 3.3.1.11 Power Loss INFLUENCE QUANTITY AND DISTURBANCE TESTS 3.3.1.12 Adjustable Components 3.3.1.13 Audit Trail A.1 General 3.3.1.14 Zero-Load Adjustment A.2 Test considerations
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A.3 Tests 2.2.1.1 Laboratory Tests. See annex A to A.3.1 Static Temperatures this appendix A for procedures for disturb- A.3.2 Damp Heat, Steady State ance tests and influence factors. ± A.3.3 Power Voltage Variation a. Disturbances. 0.18 percent of the weight of the load totalized. A.3.4 Short Time Power Reduction b. Influence Factors. ±0.25 percent of the A.3.5 Bursts weight of the load totalized. A.3.6 Electrostatic Discharge c. Temperature Effect at Zero Flow Rate. The A.3.7 Electromagnetic Susceptibility difference between the values obtained at A.4 Bibliography zero flow rate taken at temperatures that differ by 10° C ±0.2° C must not be greater 1. Introduction than 0.035 percent of the weight of the load (a) This appendix to part 679 contains the totalized at the maximum flow-rate for the time of the test. performance and technical requirements for 2.2.1.2 Zero Load Tests. For zero load tests scales to be approved by NMFS for use to conducted in a laboratory or on a scale in- weigh, at sea, catch from the groundfish fish- stalled on a vessel and conducted when the eries off Alaska. The performance and tech- vessel is tied up at a dock and not under nical requirements in this document have power at sea, ±0.1 percent of the value of the not been reviewed or endorsed by the Na- minimum totalized load or 1 scale division tional Conference on Weights and Measures. (d), whichever is greater. Regulations implementing the requirements 2.2.1.3 Material Tests. For material tests of this appendix and additional requirements conducted in a laboratory or on a scale in- for and with respect to scales used to weigh stalled on a vessel and conducted when the catch at sea are found at 50 CFR 679.28(b). vessel is tied up at a dock and not under (b) Revisions, amendments, or additions to power at sea, ±1.0 percent of the known this appendix may be made after notice and weight of the test material. opportunity for public comments. Send re- 2.2.2 Minimum Flow Rate (Qmin). The min- quests for revisions, amendments, or addi- imum flow rate must be specified by the tions to the Sustainable Fisheries Division, manufacturer and must not be greater than Alaska Region, NMFS, P.O. Box 21668, Ju- 35 percent of the rated capacity of the scale neau, AK 99802. in kilograms per hour (kg/hr) or metric tons (c) Types of Scales Covered by Appendix— per hour (mt/hr). This appendix contains performance and 2.2.3 Minimum Totalized Load (Σmin). The technical requirements for belt, automatic minimum totalized load must not be less hopper, platform, and hanging scales. than the greater of— (d) Testing and Approval of Scales Used to a. Two percent of the load totalized in 1 Weigh Catch at Sea—Scales used to weigh hour at the maximum flow rate; catch at sea are required to comply with four b. The load obtained at the maximum flow categories of performance and technical re- rate in 1 revolution of the belt; or quirements: (1) Type evaluation; (2) initial c. A load equal to 800 scale divisions (d). inspection after installation while the vessel 2.2.4 Influence Quantities. The following is tied up at a dock and is not under power requirements apply to influence factor tests at sea; (3) annual reinspection while the ves- conducted in the laboratory. sel is tied up at a dock and is not under 2.2.4.1 Temperature. A belt scale must power at sea; and (4) daily at-sea tests of the comply with the performance and technical scale’s accuracy. This appendix contains requirements at a range of temperatures ¥ ° ° only the performance and technical require- from 10 C to +40 C. However, for special ments for type evaluation and initial and an- applications the temperature range may be nual reinspections by an authorized scale in- different, but the range must not be less ° spector. than 30 C and must be so specified on the scale’s descriptive markings. 2. Belt Scales 2.2.4.2 Power Supply. A belt scale must comply with the performance and technical 2.1 Applicability. The requirements in this requirements when operated within a range section apply to a scale or scale system that of ¥15 percent to +10 percent of the power employs a conveyor belt in contact with a supply specified on the scale’s descriptive weighing element to determine the weight of markings. a bulk commodity being conveyed across the 2.3.1 Technical Requirements. scale. 2.3.1 Indicators and Printers. 2.2 Performance Requirements—2.2.1 Max- 2.3.1.1 General. A belt scale must be imum Permissible Errors. For laboratory tests equipped with an indicator capable of dis- of a scale and initial inspections and annual playing both the weight of fish in each haul reinspections of an installed scale when the or set and the cumulative weight of all fish vessel is tied up at a dock and is not under or other material weighed on the scale be- power at sea, the following maximum per- tween annual inspections (‘‘the cumulative missible errors (MPEs) are specified: weight’’), a rate of flow indicator, and a
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printer. The indications and printed rep- iv. The name or type of adjustment being resentations must be clear, definite, accu- made; and rate, and easily read under all conditions of v. The initial and final values of the pa- normal operation of the belt scale. rameter being changed. 2.3.1.2 Values Defined. If indications or 2.3.1.9 Permanence of Markings. All re- printed representations are intended to have quired indications, markings, and instruc- specific values, these must be defined by a tions must be distinct and easily readable sufficient number of figures, words, or sym- and must be of such character that they will bols, uniformly placed with reference to the not tend to become obliterated or illegible. indications or printed representations and as 2.3.1.10 Power Loss. In the event of a power close as practicable to the indications or failure, means must be provided to retain in printed representations but not so positioned a memory the weight of fish in each haul or as to interfere with the accuracy of reading. set for which a printed record has not yet 2.3.1.3 Units. The weight of each haul or been made, the cumulative weight, and the set must be indicated in kilograms, and the information on the audit trail. cumulative weight must be indicated in ei- 2.3.1.11 Adjustable Components. An adjust- ther kilograms or metric tons and decimal able component that when adjusted affects subdivisions. the performance or accuracy of the scale 2.3.1.4 Value of the Scale Division. The must be held securely in position and must value of the scale division (d) expressed in a not be capable of adjustment without break- unit of weight must be equal to 1, 2, or 5, or ing a security means unless a record of the a decimal multiple or sub-multiple of 1, 2, or adjustment is made on the audit trail de- 5. scribed in 2.3.1.12. 2.3.1.5 Range of Indication. The range of 2.3.1.12 Audit Trail. An audit trail in the the weight indications and printed values for form of an event logger must be provided to each haul or set must be from 0 kg to 999,999 document changes made using adjustable kg and for the cumulative weight must be components. The following information must from 0 to 99,999 metric tons. be provided in an electronic form that can- 2.3.1.6 Resettable and Non-resettable Values. not be changed or erased by the scale oper- The means to indicate the weight of fish in ator, can be printed at any time, and can be each haul or set must be resettable to zero. cleared by the scale manufacturer’s rep- The means to indicate the cumulative resentative upon direction by NMFS or by an weight must not be resettable to zero with- authorized scale inspector: out breaking a security means and must be a. The date and time (to the nearest reset only upon direction of NMFS or an au- minute) of the change; thorized scale inspector. b. The name or type of adjustment being 2.3.1.7 Rate of Flow Indicator. Permanent made; and means must be provided to produce an audio c. The initial and final values of the pa- or visual signal when the rate of flow is less rameter being changed. than the minimum flow rate or greater than 2.3.1.13 Adjustments to Scale Weights. The 98 percent of the maximum flow rate. indicators and printer must be designed so 2.3.1.8 Printed Information. The informa- that the scale operator cannot change or ad- tion printed must include— just the indicated and printed weight values. a. For catch weight: 2.3.2 Weighing Elements. i. The vessel name; 2.3.2.1 Speed Measurement. A belt scale ii. The Federal fisheries or processor per- must be equipped with means to accurately mit number of the vessel; sense the belt travel and/or speed whether iii. The haul or set number; the belt is loaded or empty. iv. The month, day, year, and time (to the 2.3.2.2 Conveyer Belt. The weight per unit nearest minute) weighing catch from the length of the conveyor belt must be prac- haul or set started; tically constant. Belt joints must be such v. The month, day, year, and time (to the that there are no significant effects on the nearest minute) weighing catch from the weighing results. haul or set ended; 2.3.2.3 Overload Protection. The load re- vi. The total weight of catch in each haul ceiver must be equipped with means so that or set; an overload of 150 percent or more of the ca- vii. The total cumulative weight of all fish pacity does not affect the metrological char- or other material weighed on the scale; and acteristics of the scale. viii. The date and time the information is 2.3.2.4 Speed Control. The speed of the belt printed. must not vary by more than 5 percent of the b. For the audit trail: nominal speed. i. The vessel name; 2.3.2.5 Adjustable Components. An adjust- ii. The Federal fisheries or processor per- able component that can affect the perform- mit number of the vessel; ance of the belt scale must be held securely iii. The date and time (to the nearest in position and must not be capable of ad- minute) that the adjustment was made; justment without breaking a security means.
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2.3.2.6 Motion Compensation. A belt scale results of this test must be within the values must be equipped with automatic means to specified in section 2.2.1.2. compensate for the motion of a vessel at sea 2.4.3.2 Material Tests. At least one mate- so that the weight values indicated are with- rial or simulated material test must be con- in the MPEs. Such means shall be a ref- ducted with the weight of the material or erence load cell and a reference mass weight simulated material equal to or greater than or other equally effective means. When the minimum test load. The results of these equivalent means are utilized, the manufac- tests must be within the values specified in turer must provide NMFS with information section 2.2.1.3. demonstrating that the scale can weigh ac- 3. Automatic Hopper Scales curately at sea. 3.1 Applicability. The requirements in this 2.3.3 Installation Conditions. A belt scale section apply to a scale or scale system that must be rigidly installed in a level condition. is designed for automatic weighing of a bulk 2.3.4 Marking. A belt scale must be commodity in predetermined amounts. marked with the— 3.2 Performance Requirements. a. Name, initials, or trademark of the man- 3.2.1 Maximum Permissible Errors. For lab- ufacturer or distributer; oratory tests of a scale and initial inspection b. Model designation; and annual reinspections of an installed c. Non-repetitive serial number; scale when the vessel is tied up at a dock and d. Maximum flow rate (Qmax); is not under power at sea, the following e. Minimum flow rate (Qmin); MPEs are specified: f. Minimum totalized load (Σmin); 3.2.1.1 Laboratory Tests. See annex A to ap- g. Value of a scale division (d); pendix A for procedures for disturbance test h. Belt speed; and influence factors. i. Weigh length; a. Disturbances. Significant fault (sf) j. Maximum capacity (Max); (±scale division). k. Temperature range (if applicable); and b. Influence Factors. ±1 percent of test load. l. Mains voltage. 3.2.1.2 Increasing and Decreasing Load 2.3.4.1 Presentation. The markings must be Tests. For increasing and decreasing load reasonably permanent and of such size, tests conducted in a laboratory or on a scale shape, and clarity to provide easy reading in installed on a vessel tied up at a dock and normal conditions of use. They must be not under power at sea, ±1.0 percent of the grouped together in a place visible to the op- test load. erator. 3.2.2 Minimum Weighment (Σmin). The min- 2.4 Tests. imum weighment must not be less than 20 2.4.1 Minimum Test Load. The minimum percent of the weighing capacity, or a load test load must be the greater of— equal to 100 scale intervals (d), except for the a. 2 percent of the load totalized in 1 hour final weighment of a lot. at the maximum flow rate; 3.2.3 Minimum Totalized Load (Lot). The b. The load obtained at maximum flow rate minimum totalized load must not be less in one revolution of the belt; or than 4 weighments. c. A load equal to 800 scale divisions. 3.2.4 Influence Quantities. The following 2.4.2 Laboratory Tests. requirements apply to influence factor tests 2.4.2.1 Influence Quantity and Disturbance conducted in the laboratory: Tests. Tests must be conducted according to 3.2.4.1 Temperature. A hopper scale must annex A and the results of these tests must comply with the metrological and technical be within the values specified in section requirements at temperatures from –10° C to 2.2.1.1. +40° C. However, for special applications the 2.4.2.2 Zero-Load Tests. A zero-load test temperature range may be different, but the must be conducted for a time equal to that range must not be less than 30° C and must required to deliver the minimum totalized be so specified on the scale’s descriptive load (‘‘min). At least two zero-load tests markings. must be conducted prior to a material test. 3.2.4.1.1 Operating Temperature. A hopper The results of these tests must be within the scale must not display or print any usable values specified in section 2.2.1.2. weight values until the operating tempera- 2.4.2.3 Material Tests. At least one mate- ture necessary for accurate weighing and a rial test must be conducted with the weight stable zero-balance condition have been at- of the material or simulated material equal tained. to or greater than the minimum test load. 3.2.4.2 Power Supply. A hopper scale must The results of these tests must be within the comply with the performance and technical values specified in section 2.2.1.3. requirements when operated within –15 per- 2.4.3 Annual Inspections. cent to +10 percent of the power supply spec- 2.4.3.1 Zero-Load Tests. A zero-load test ified on the scale’s descriptive markings. must be conducted for a time equal to that 3.3 Technical Requirements. required to deliver the minimum totalized 3.3.1 Indicators and Printers. load (Σmin). At least one zero-load test must 3.3.1.1 General. a. A hopper scale must be be conducted prior to each material test. The equipped with an indicator and printer that
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indicates and prints the weight of each load vii. The total cumulative weight of all fish and a no-load reference value; and a printer or other material weighed on the scale; and that prints the total weight of fish in each viii. The date and time the information is haul or set and the total cumulative weight printed. of all fish and other material weighed on the b. For the audit trail: scale between annual inspections (‘‘the cu- i. The vessel name; mulative weight’’). The indications and ii. The Federal fisheries or processor per- printed information must be clear, definite, accurate, and easily read under all condi- mit number of the vessel; tions of normal operation of the hopper iii. The date and time (to the nearest scale. minute) of the change; b. A no-load reference value may be a posi- iv. The name or type of adjustment being tive or negative value in terms of scale divi- made; and sions or zero. When the no-load reference v. The initial and final values of the pa- value is zero, the scale must return to a zero rameter being changed. indication (within ± 0.5 scale division) when 3.3.1.8 Permanence of Markings. All re- the load receptor (hopper) is empty following quired indications, markings, and instruc- the discharge of all loads, without the inter- tions must be distinct and easily readable vention of either automatic or manual and must be of such character that they will means. not tend to become obliterated or illegible. 3.3.1.2 Values Defined. If indications or 3.3.1.9 Range of Indication. The range of printed representations are intended to have the weight indications and printed values for specific values, these must be defined by a each haul or set must be from 0 kg to 999,999 sufficient number of figures, words, or sym- kg and for the cumulative weight must be bols, uniformly placed with reference to the from 0 to 99,999 metric tons. indications or printed representations and as close as practicable to the indications or 3.3.1.10 Non-Resettable Values. The cumu- printed representations but not so positioned lative weight must not be resettable to zero as to interfere with the accuracy of reading. without breaking a security means and must 3.3.1.3 Units. The weight of each haul or be reset only upon direction by NMFS or by set must be indicated in kilograms, and the an authorized scale inspector. cumulative weight must be indicated in ei- 3.3.1.11 Power Loss. In the event of a power ther kilograms or metric tons and decimal failure, means must be provided to retain in subdivisions. a memory the weight of fish in each haul or 3.3.1.4 Value of the Scale Division. The set for which a printed record has not yet value of the scale division (d) expressed in a been made, the cumulative weight, and the unit of weight must be equal to 1, 2, or 5, or information on the audit trail described in a decimal multiple or sub-multiple of 1, 2, or 3.3.1.13. 5. 3.3.1.12 Adjustable Components. An adjust- 3.3.1.5 Weighing Sequence. For hopper able component that, when adjusted, affects scales used to receive (weigh in), the no-load the performance or accuracy of the scale reference value must be determined and must not be capable of adjustment without printed only at the beginning of each weigh- breaking a security means, unless a record of ing cycle. For hopper scales used to deliver the adjustment is made on the audit trail de- (weigh out), the no-load reference value must scribed in 3.3.1.13. be determined and printed only after the 3.3.1.13 Audit Trail. An audit trail in the gross-load weight value for each weighing form of an event logger must be provided to cycle has been indicated and printed. document changes made using adjustable 3.3.1.6 Printing Sequence. Provision must components. The following information must be made so that all weight values are indi- be provided in an electronic form that can- cated until the completion of the printing of not be changed or erased by the scale oper- the indicated values. ator, can be printed at any time, and can be 3.3.1.7 Printed Information. The informa- cleared by the scale manufacturer’s rep- tion printed must include— resentative upon direction of NMFS or by an a. For catch weight: authorized scale inspector: i. The vessel name; a. The date and time (to the nearest ii. The Federal fisheries or processor per- minute) of the change; mit number of the vessel; iii. The haul or set number; b. The name or type of adjustment being iv. The month, day, year, and time (to the made; and nearest minute) weighing catch from the c. The initial and final values of the pa- haul or set started; rameter being changed. v. The month, day, year, and time (to the 3.3.1.14 Zero-Load Adjustment. A hopper nearest minute) weighing catch from the scale must be equipped with a manual or haul or set ended; semi-automatic means that can be used to vi. The total weight of catch in each haul adjust the zero-load balance or no-load ref- or set; erence value.
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3.3.1.14.1 Manual. A manual means must 3.3.6 Marking. A hopper scale must be be operable or accessible only by a tool out- marked with the following: side of, or entirely separate from, this mech- a. Name, initials, or trademark of the man- anism or enclosed in a cabinet. ufacturer or distributer; 3.3.1.14.2 Semi-Automatic. A semi-auto- b. Model designation; matic means must be operable only when the c. Non-repetitive serial number; indication is stable within ±1 scale division d. Maximum capacity (Max); and cannot be operated during a weighing e. Minimum capacity (min); cycle (operation). f. Minimum totalized load (Σmin); 3.3.1.15 Damping Means. A hopper scale g. Minimum weighment; must be equipped with effective automatic h. Value of the scale division (d); means to bring the indications quickly to a i. Temperature range (if applicable); and readable stable equilibrium. Effective auto- j. Mains voltage. matic means must also be provided to permit 3.3.6.1 Presentation. Descriptive markings the recording of weight values only when the must be reasonably permanent and grouped indication is stable within plus or minus one together in a place visible to the operator. scale division. 3.4 Tests. 3.4.1 Standards. The error of the standards 3.3.1.16 Adjustments to Scale Weights. The used must not exceed 25 percent of the MPE indicators and printer must be designed so to be applied. that the scale operator cannot change or ad- 3.4.2 Laboratory Tests. just the indicated and printed weight values. 3.4.2.1 Influence Quantity and Disturbance 3.3.2 Interlocks and Gate Control. A hopper Tests. Tests must be conducted according to scale must have operating interlocks so annex A and the results of these tests must that— be within the values specified in section a. Product cannot be weighed if the printer 3.2.1.1. is disconnected or subject to a power loss; 3.4.2.2 Performance Tests. Performance b. The printer cannot print a weight if ei- tests must be conducted as follows: ther of the gates leading to or from the a. Increasing load test. At least five increas- weigh hopper is open; ing load tests must be conducted with test c. The low paper sensor of the printer is ac- loads at the minimum load, at a load near tivated; capacity, and at 2 or more critical points in d. The system will operate only in the se- between; and quence intended; and b. Decreasing load test. A decreasing load e. If the overfill sensor is activated, this test must be conducted with a test load ap- condition is indicated to the operator and is proximately equal to one-half capacity when printed. removing the test loads of an increasing load 3.3.3 Overfill Sensor. The weigh hopper test. must be equipped with an overfill sensor that 3.4.3 Annual Inspections. will cause the feed gate to close, activate an At least two increasing load tests and two alarm, and stop the weighing operation until decreasing load tests must be conducted as the overfill condition has been corrected. specified in 3.4.2.2. Additionally, tests must 3.3.4 Weighing Elements. be conducted with test loads approximately 3.3.4.1 Overload Protection. The weigh hop- equal to the weight of loads at which the per must be equipped with means so that an scale is normally used. overload of 150 percent or more of the capac- ity of the hopper does not affect the 4. Platform Scales and Hanging Scales metrological characteristics of the scale. 4.1 Applicability. The requirements in this 3.3.4.2 Adjustable Components. An adjust- section apply to platform and hanging scales able component that can affect the perform- used to weigh total catch. Platform scales ance of the hopper scale must be held se- used only as observer sampling scales or to curely in position and must not be capable of determine the known weight of fish for a ma- adjustment without breaking a security terial test of another scale are not required means. to have a printer under sections 4.3.1 and 3.3.4.3 Motion Compensation. A hopper 4.3.1.5 or an audit trail under section 4.3.1.8. scale must be equipped with automatic 4.2 Performance Requirements. means to compensate for the motion of a 4.2.1 Maximum Permissible Errors. For lab- vessel at sea so that the weight values indi- oratory tests of a scale and initial inspection cated are within the MPEs. Such means shall and annual reinspections of an installed be a reference load cell and a reference mass scale while the vessel is tied up at a dock weight or other equally effective means. and is not under power at sea, the following When equivalent means are utilized, the MPEs are specified: manufacturer must provide NMFS with in- 4.2.1.1 Laboratory Tests. See annex A to formation demonstrating that the scale can this appendix A for procedures for disturb- weigh accurately at sea. ance tests and influence factors. 3.3.5 Installation Conditions. A hopper scale a. Disturbances. Significant fault (±1 scale must be rigidly installed in a level condition. division); and
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b. Influence Factors. See Table 1 in section definite, accurate, and easily read under all 4.2.1.2. conditions of normal operation of the scale. 4.2.1.2 Increasing and Decreasing Load and 4.3.1.2 Values Defined. If indications or Shift Tests. Increasing and decreasing load printed representations are intended to have and shift tests conducted in a laboratory or specific values, these must be defined by a on a scale installed on a vessel while the ves- sufficient number of figures, words, or sym- sel is tied up at a dock and is not under bols, uniformly placed with reference to the power at sea, see Table 1 as follows: indications or printed representations and as close as practicable to the indications or TABLE 1ÐINFLUENCE FACTORS printed representations but not so positioned as to interfere with the accuracy of reading. Test load in scale divisions (d) Maximum 4.3.1.3 Units. The weight units indicated permis- must be in terms of kilograms and decimal 1 sible error Class III Class IIII (d) subdivisions. 4.3.1.4 Value of the Scale Division. The 0 < m2 ≤ 500 ...... 0 < m ≤ 50 ...... 0.5 value of the scale division (d) expressed in a 500 < m ≤ 2000 ...... 50 < m ≤ 200 ...... 1.0 unit of weight must be equal to 1, 2, or 5, or 2000 < m ...... 200 < m ...... 1.5 a decimal multiple or sub-multiple of 1, 2, or 1 Scale accuracy classes are defined in section 4.2.2, table 5. 2. 4.3.1.5 Printed Information. The informa- 2 Mass or weight of the test load in scale divisions. tion printed must include— 4.2.2 Accuracy Classes. Scales are divided a. For catch weight: into two accuracy classes, class III and class i. The vessel name; IIII. The accuracy class of a scale is des- ii. The Federal fisheries or processor per- ignated by the manufacturer. The design of mit number of the vessel; each accuracy class with respect to number iii. The haul or set number; of scale divisions (n) and the value of the iv. The month, day, year, and time (to the scale division (d) is specified according to nearest minute) of weighing; and table 2: v. Net weight of the fish. b. For the audit trail: TABLE 2ÐACCURACY CLASSES i. The vessel name; ii. The Federal fisheries or processor per- Number of scale divi- mit number of the vessel; Accuracy Value of scale division sions (n) class (d) iii. The date and time (to the nearest Minimum Maximum minute) of the change; iv. The name or type of adjustment being III ...... 5 g or greater 500 10,000 made; and IIII ...... 5 g or greater 100 1,000 v. The initial and final values of the pa- rameter being changed. 4.2.3 Minimum Load: For a Class III scale, 4.3.1.6 Permanence of Markings. All re- 20d; for a Class IIII scale, 10d. quired indications, markings, and instruc- 4.2.4 Influence Quantities. The following tions must be distinct and easily readable requirements apply to influence factor tests and must be of such character that they will conducted in the laboratory. not tend to become obliterated or illegible. 4.2.4.1 Temperature. A scale must comply 4.3.1.7 Power Loss. In the event of a power with the performance and technical require- failure, means must be provided to retain in ments at temperatures from ¥10° C to +40° C. a memory the weight of the last weighment However, for special applications the tem- if it is a non-repeatable weighment. perature range may be different, but the 4.3.1.8 Adjustable Components. range must not be less than 30° C and must a. An adjustable component that, when ad- be so specified on the descriptive markings. justed, affects the performance or accuracy 4.2.4.1.1 Operating Temperature. A scale of the scale must be held securely in position must not display or print any usable weight and must not be capable of adjustment with- values until the operating temperature nec- out breaking a security means. essary for accurate weighing and a stable b. An audit trail in the form of an event zero-balance condition have been attained. logger must be provided to document 4.2.4.2 Power Supply. A scale must comply changes made using adjustable components. with the performance and technical require- The following information must be provided ments when operated within ¥15 percent to in an electronic form that cannot be changed +10 percent of the power supply specified on or erased by the scale operator, can be print- the scale’s descriptive markings. ed at any time, and can be cleared by the 4.3 Technical Requirements. scale manufacturer’s representative upon di- 4.3.1 Indicators and Printers. rection of NMFS or an authorized scale in- 4.3.1.1 General. A scale must be equipped spector: with an indicator and a printer. The indica- i. The date and time (to the nearest tions and printed information must be clear, minute) of the change;
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ii. The name or type of adjustment being 4.4 Tests. made; and 4.4.1 Standards. The error of the standards iii. The initial and final values of the pa- used must not exceed 25 percent of the MPE rameter being changed. applied. 4.3.1.9 Zero-Load Adjustment. A scale must 4.4.2 Laboratory Tests. be equipped with a manual or semi-auto- 4.4.2.1 Influence Quantities and Disturbance matic means that can be used to adjust the Tests. Tests must be conducted according to zero-load balance or no-load reference value. annex A to this appendix A, and the results 4.3.1.9.1 Manual. A manual means must be of these tests must be within the values operable or accessible only by a tool outside specified in section 4.2.1.1. of or entirely separate from this mechanism 4.4.2.2 Performance Tests. Performance or enclosed in a cabinet. tests must be conducted as follows: 4.3.1.9.2 Semi-automatic. A semi-automatic a. Increasing load test. At least five increas- means must meet the provisions of 4.3.1.8 or ing load tests must be conducted with test must be operable only when the indication is loads at the minimum load, at a load near stable within ±1 scale division and cannot be capacity, and at 2 or more critical points in operated during a weighing cycle (oper- between. ation). b. Shift test (platform scales only). A shift 4.3.1.10 Damping Means. A scale must be test must be conducted during the increasing equipped with effective automatic means to load test at one-third capacity test load cen- bring the indications quickly to a readable tered in each quadrant of the platform. stable equilibrium. Effective automatic c. Decreasing load test. A decreasing load means must also be provided to permit the test must be conducted with a test load ap- recording of weight values only when the in- proximately equal to one-half capacity when dication is stable within plus or minus one removing the test loads of an increasing load scale division. test. 4.3.2 Weighing Elements. 4.4.3 Annual Scale Inspections. 4.3.2.1 Overload Protection. The scale must At least two increasing load tests, shift be so designed that an overload of 150 per- tests, and decreasing load tests must be con- cent or more of the capacity does not affect ducted as specified in section 4.4.2.2. Addi- the metrological characteristics of the scale. tionally tests must be conducted with test 4.3.2.2 Adjustable Components. An adjust- loads approximately equal to the weight of able component that can affect the perform- loads at which the scale is normally used. ance of the scale must be held securely in po- The results of all tests must be as specified sition and must not be capable of adjustment in Table 1 in section 4.2.1.2. without breaking a security means. 5. Definitions 4.3.2.3 Motion Compensation. A platform scale must be equipped with automatic Adjustable component—Any component means to compensate for the motion of a that, when adjusted, affects the performance vessel at sea so that the weight values indi- or accuracy of the scale, e.g., span adjust- cated are within the MPEs. Such means shall ment or automatic zero-setting means. Man- be a reference load cell and a reference mass ual or semi-automatic zero-setting means weight or other equally effective means. are not considered adjustable components. When equivalent means are utilized, the Audit trail—An electronic count and/or in- manufacturer must provide NMFS with in- formation record of the changes to the val- formation demonstrating that the scale can ues of the calibration or configuration pa- weigh accurately at sea. rameters of a scale. 4.3.3 Installation Conditions. A platform Automatic hopper scale—A hopper scale scale must be rigidly installed in a level con- adapted to the automatic weighing of a bulk dition. When in use, a hanging scale must be commodity (fish) in predetermined amounts. freely suspended from a fixed support or a Capacities vary from 20 kg to 50 mt. It is crane. generally equipped with a control panel, 4.3.4 Marking. A scale must be marked with functions to be set by an operator, in- with the following: cluding the start of an automatic operation. a. Name, initials, or trademark of the man- (See definition of hopper scale). ufacturer or distributor; Belt scale—A scale that employs a conveyor b. Model designation; belt in contact with a weighing element to c. Non-repetitive serial number; determine the weight of a bulk commodity d. Accuracy class (III or IIII); being conveyed. It is generally a part of a e. Maximum capacity (Max); system consisting of an input conveyor, the f. Minimum capacity (min); flow scale, and an output conveyor. The con- g. Value of a scale division (d); veyor belt may be constructed of various ma- h. Temperature range (if applicable); and terials, including vulcanized rubber, canvas, i. Mains voltage. and plastic. The capacity is generally speci- 4.3.4.1 Presentation. Descriptive markings fied in terms of the amount of weight that must be reasonably permanent and grouped can be determined in a specified time, and together in a place visible to the operator. can vary from, for example, 1 ton per hour to
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100 or more tons per hour. An operator gen- Known weight test—A test in which the load erally directs the flow of product onto the applied is a test weight with a known value input conveyor. simulating the weight of the material that is Calibration mode—A means by which the usually weighed. span of a scale can be adjusted by placing a Load receiver—That part of the scale in known ‘‘test weight’’ on the scale and manu- which the quantity is placed when being ally operating a key on a key board. weighed. Disturbances—An influence that may occur Material test—A test using a material that during the use of a scale but is not within is the same or similar to the material that is the rated operating conditions of the scale. usually weighed, the weight of which has Event logger—A form of audit trail con- been determined by a scale other than the taining a series of records where each record scale under test. contains the identification of the parameter Maximum flow-rate—The maximum flow- that was changed, the time and date when rate of material specified by the manufac- the parameter was changed, and the new turer at which a belt scale can perform cor- value of the parameter. rectly. Final weighment—The last partial load Minimum flow-rate—The minimum flow- weighed on a hopper scale that is part of the rate specified by the manufacturer at which weight of many loads. a belt scale can perform correctly. Hanging scale—A scale that is designed to Minimum load—The smallest weight load weigh a load that is freely suspended from an that can be determined by the scale that is overhead crane or it may be permanently in- considered to be metrologically acceptable. stalled in an overhead position. The load re- Minimum totalized load—The smallest ceiver may be a part of the scale such as a weight load that can be determined by a belt pan suspended on chains, or simply a hook scale that is considered to be metrologically that is used to ‘‘pick-up’’ the container of acceptable. the commodity to be weighed. The tech- Minimum weighment—The smallest weight nology employed may be mechanical, that can be determined by a hopper scale electro-mechanical, or electronic. The loads that is considered to be metrologically ac- can be applied either manually or by such ceptable. means as a crane. Motion compensation—The means used to Hopper scale—A scale designed for weighing compensate for the motion of the vessel at individual loads of a bulk commodity (fish). sea. The load receiver is a cylindrical or rectan- gular container mounted on a weighing ele- No-load reference value—A weight value ob- ment. The weighing element may be me- tained by a hopper scale when the load re- chanical levers, a combination of levers and ceiver (hopper) is empty of the product that a load cell, or all load cells. The capacity can was or is to be weighed. vary from less than 20 kg to greater than 50 Non-repeatable weighment—A process where mt. The loads are applied from a bulk source the product after being weighed is disposed by such means as a conveyor or storage hop- of in such a manner that it cannot be re- per. Each step of the weighing process, that trieved to be reweighed. is the loading and unloading of the weigh Number of scale divisions (n)—The number of hopper, is controlled by an operator. scale divisions of a scale in normal oper- Indicator—That part of a scale that indi- ation. It is the quotient of the scale capacity cates the quantity that is being weighed. divided by the value of the scale division. Influence factor—A value of an influence n=Max/d quantity, e.g., 10°, that specifies the limits of Performance requirements—A part of the the rated operating conditions of the scale. regulations or standards that applies to the Influence quantity—A quantity that is not weighing performance of a scale, e.g., MPEs. the subject of the measurement but which Performance test—A test conducted to de- influences the measurement obtained within termine that the scale is performing within the rated operating conditions of the scale. the MPE applicable. Influence quantity and disturbance tests— Periodic verification—A verification of a Tests conducted in a laboratory to determine weighing instrument at an interval that is the capability of the scale under test to per- specified by regulation or administrative form correctly in the environmental influ- ruling. ences in which they are used and when sub- Platform scale—A scale by the nature of its jected to certain disturbances that may physical size, arrangement of parts, and rel- occur during the use of the scale. atively small capacity (generally 220 kg or Initial verification—The first evaluation (in- less) that is adapted for use on a bench or spection and test) of a production model of a counter or on the floor. A platform scale can weighing instrument that has been type be self contained, that is, the indicator and evaluated to determine that the production load receiver and weighing elements are all model is consistent with the model that had comprised of a single unit, or the indicator been submitted for type evaluation. can be connected by cable to a separate load
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receiver and weighing element. The tech- Technical requirements—A part of the regu- nology used may be mechanical, electro-me- lations or standards that applies to the oper- chanical, or electronic. Loads are applied ational functions and characteristics of a manually. scale, e.g., capacity, scale division, tare. Rated capacity—The maximum flow-rate in Testing laboratory—A facility for con- terms of weight per unit time specified by ducting type evaluation examinations of a the manufacturer at which a belt scale can scale that can establish its competency and perform correctly. proficiency by such means as ISO Guide 25, Scale division (d)—The smallest digital sub- ISO 9000, EN 45011, NVLAP, NTEP. division in units of mass that is indicated by Type evaluation—A process for evaluating the weighing instrument in normal oper- the compliance of a weighing instrument ation. with the appropriate standard or regulation. Sealing—A method used to prevent the ad- User requirements—A part of the regula- justment of certain operational characteris- tions or standards that applies to the oper- tics or to indicate that adjustments have ator/owner of the scale. been made to those operational characteris- Weighment—A single complete weighing op- tics. eration. Security seals or means—A physical seal such as a lead and wire seal that must be ANNEX A TO APPENDIX A TO PART 679— broken in order to change the operating or INFLUENCE QUANTITY AND DISTURBANCE TESTS performance characteristics of the scale. A.1 General—Included in this annex are Significant fault—An error greater than the tests that are intended to ensure that elec- value specified for a particular scale. For a tronic scales can perform and function as in- belt scale: A fault greater than 0.18 percent tended in the environment and under the of the weight value equal to the minimum conditions specified. Each test indicates, totalized load. For all other scales: 1 scale where appropriate, the reference condition division (d). A significant fault does not in- under which the intrinsic error is deter- clude faults that result from simultaneous mined. and mutually independent causes in the belt A.2 Test Considerations scale; faults that imply the impossibility of A.2.1 All electronic scales of the same performing any measurement; transitory category must be subjected to the same per- faults that are momentary variations in the formance test program. indications that cannot be interpreted, A.2.2 Tests must be carried out on fully memorized, or transmitted as a measure- operational equipment in its normal oper- ment result; faults so serious that they will ational state. When equipment is connected inevitably be noticed by those interested in in other than a normal configuration, the the measurement. procedure must be mutually agreed to by Simulated material test—A test in which the NMFS and the applicant. load applied is test material simulating the A.2.3 When the effect of one factor is weight of the material that is usually being evaluated, all other factors must be weighed. held relatively constant, at a value close to Simulated test—A test in which the weight normal. The temperature is deemed to be indications are developed by means other relatively constant when the difference be- than weight, e.g., a load cell simulator. tween the extreme temperatures noted dur- Stationary installation—An installation of a ing the test does not exceed 5° C and the var- scale in a facility on land or a vessel that is iation over time does not exceed 5° C per tied-up to a dock or in dry dock. hour. Subsequent verification—Any evaluation of a A.2.4 Before the start of a test, the equip- weighing instrument following the initial ment under test (EUT) must be energized for verification. a period of time at least equal to the warm- Suitability for use—A judgement that must up time specified by the manufacturer. The be made that certain scales by nature of EUT must remain energized throughout the their design are appropriate for given weigh- duration of the test. ing applications. A.3 Tests
Conditions ap- Test Characteristics under test plied
A.3.1 Static temperatures ...... Influence factor ...... MPE A.3.2 Damp heat, steady state ...... Influence factor ...... MPE A.3.3 Power voltage variation ...... Influence factor ...... MPE A.3.4 Short time power reduction ...... Disturbance ...... sf A.3.5 Bursts ...... Disturbance ...... sf A.3.6 Electrostatic discharge ...... Disturbance ...... sf A.3.7 Electromagnetic susceptibility ...... Disturbance ...... sf
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A.3 Tests iii. Relative humidity, A.3.1 Static Temperatures iv. Test load, Test method: Dry heat (non condensing) and v. Indication, cold. vi. Errors, and Object of the test: To verify compliance with vii. Functions performance. the applicable MPE under conditions of high b. Increase the temperature in the chamber and low temperature. to the high temperature specified. Check by Reference to standard: See Bibliography (1). measurement that the EUT has reached tem- Test procedure in brief: The test consists of perature stability and maintain the tempera- exposure of the EUT to the high and low ture for 2 hours. Following the 2 hours, re- temperatures specified in section 2.2.4.1 for peat the tests and record the test data indi- belt scales, section 3.2.4.1 for automatic hop- cated in this A.3.1 Test Sequence section. per scales, and section 4.2.3.1 for platform c. Reduce the temperature in the chamber scales and hanging scales, under ‘‘free air’’ as per the IEC procedures to the specified condition for a 2-hour period after the EUT low temperature. After temperature sta- has reached temperature stability. The EUT bilization, allow the EUT to soak for 2 hours. must be tested during a weighing operation Following the 2 hours, repeat the tests and consisting of: record the test data as indicated in this A.3.1 For belt scales—the totalization of the Σmin, Test Sequence section. 2 times each at approximately the minimum d. Raise the temperature in the chamber as flow rate, an intermediate flow rate, and the per the IEC procedures to 5° C. After tem- maximum flow rate. perature stabilization, allow the EUT to For platform, hanging, and automatic hopper soak for 2 hours. Following the 2 hours, re- scales—tested with at least five different test peat the tests and record the test data as in- loads or simulated loads under the following dicated in this A.3.1 Test Sequence section. conditions: NOTE: This test relates to a ¥10° C to +40° C a. At a reference temperature of 20° C fol- range. For special ranges, it may not be nec- lowing conditioning. essary. b. At the specified high temperature, 2 e. Raise the temperature in the chamber as hours after achieving temperature stabiliza- per the IEC procedures and to the 20° C ref- tion. erence temperature. After recovery, repeat c. At the specified low temperature, 2 the tests and record the test data as indi- hours after achieving temperature stabiliza- cated in this A.3.1 Test Sequence section. tion. A.3.2 Damp Heat, Steady State ° d. At a temperature of 5 C, 2 hours after Test method: Damp heat, steady state. achieving temperature stabilization. Object of the test: To verify compliance with e. After recovery of the EUT at the ref- the applicable MPE under conditions of high ° erence temperature of 20 C. humidity and constant temperature. Test severities: Duration: 2 hours. Reference to standard: See section A.4 Bibli- Number of test cycles: At least one cycle. ography (b) Maximum allowable variations: Test procedure in brief: The test consists of a. All functions must operate as designed. exposure of the EUT to a constant tempera- b. All indications must be within the appli- ture at the upper limit of the temperature cable MPEs. range and of a constant relative humidity of Conduct of test: Refer to the International 85 percent for a 2-day period. The EUT must Electrotechnical Commission (IEC) Publica- be tested during a weighing operation con- tions mentioned in section A.4 Bibliography sisting of the following: (a) for detailed test procedures. Σ Supplementary information to the IEC test For belt scales—the totalization of the min, procedures. 2 times each at approximately the minimum Preconditioning: 16 hours. flow rate, an intermediate flow rate, and the Condition of EUT: Normal power supplied maximum flow rate. and ‘‘on’’ for a time period equal to or great- For platform, hanging, and automatic hopper er than the warm-up time specified by the scales—tested with at least five different test manufacturer. Power is to be ‘‘on’’ for the loads or simulated loads at a reference tem- duration of the test. Adjust the EUT as close perature of 20° C and a relative humidity of to a zero indication as practicable prior to 50 percent following conditioning, and at the the test. upper limit temperature and a relative hu- midity of 85 percent 2 days following tem- Test Sequence: perature and humidity stabilization.
a. Stabilize the EUT in the chamber at a Test severities: reference temperature of 20° C. Conduct the tests as specified in the test procedure in Temperature: upper limit. brief and record the following data: Humidity: 85 percent (non-condensing). i. Date and time, Duration: 2 days. ii. Temperature, Number of test cycles: At least one test.
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Maximum Allowable Variations: Lower limit U (nom) ¥15 percent. Number of test cycles: At least one cycle. a. All functions must operate as designed. b. All indications must be within the appli- Maximum allowable variations: cable MPE. a. All functions must operate correctly. Conduct of the test: Refer to the IEC Publi- b. All indications must be within MPEs cations mentioned in section A.4 Bibliog- specified in sections 2, 3, or 4 of this appendix raphy (b) for detailed test procedures. to part 679. Supplementary information to the IEC test Conduct of the test: procedures. Preconditioning: None required. Preconditioning: None required. Condition of EUT: Test equipment: a. Normal power supplied and ‘‘on’’ for a a. Variable power source, time period equal to or greater than the b. Calibrated voltmeter, and warm-up time specified by the manufacturer. c. Load cell simulator, if applicable. Power is to be ‘‘on’’ for the duration of the test. Condition of EUT: b. The handling of the EUT must be such a. Normal power supplied and ‘‘on’’ for a that no condensation of water occurs on the time period equal to or greater than the EUT. warm-up time specified by the manufacturer. c. Adjust the EUT as close to a zero indica- b. Adjust the EUT as close to a zero indica- tion as practicable prior to the test. tion as practicable prior to the test.
Test Sequence: Test sequence: a. Allow 3 hours for stabilization of the a. Stabilize the power supply at nominal EUT at a reference temperature of 20° C and voltage ±2 percent. a relative humidity of 50 percent. Following b. Conduct the tests specified in the test stabilization, conduct the tests as specified procedure in brief and record the following in the test procedures in brief and record the data: following data: i. Date and time, i. Date and time, ii. Temperature, ii. Temperature, iii. Relative humidity, iii. Relative humidity, iv. Test load, iv. Power supply voltage, v. Indication, v. Test load, vi. Errors, and vi. Indications, vii. Functions performance. vii. Errors, and b. Increase the temperature in the chamber viii. Functions performance. to the specified high temperature and a rel- c. Reduce the power supply to ¥15 percent ative humidity of 85 percent. Maintain the nominal. EUT at no load for a period of 2 days. Fol- d. Repeat the test and record the test data lowing the 2 days, repeat the tests and record as indicated in this A.3.3 Test Sequence sec- the test data as indicated in this A.3.2 Test tion. Sequence section. e. Increase the power supply to +10 percent c. Allow full recovery of the EUT before nominal. any other tests are performed. f. Repeat the test and record the test data A.3.3 Power Voltage Variation as indicated in this A.3.3 Test Sequence sec- A.3.3.1 AC Power Supply tion. Test method: Variation in AC mains power g. Unload the EUT and decrease the power supply (single phase). supply to nominal power ±2 percent. Object of the test: To verify compliance with h. Repeat the test and record the test data the applicable MPEs under conditions of as indicated in this A.3.3 Test Sequence sec- varying AC mains power supply. tion. Reference to standard: See section A.4 Bibli- Note: In case of three-phase power supply, ography (c). the voltage variation must apply for each Test procedure in brief: The test consists of phase successively. Frequency variation ap- subjecting the EUT to AC mains power dur- plies to all phases simultaneously. ing a weighing operation consisting of the A.3.3.2 DC Power Supply following: Under consideration. For belt scales—while totalizing the Σmin at A.3.4 Short Time Power Reduction the maximum flow rate. Test method: Short time interruptions and For platform, hanging, and automatic hopper reductions in mains voltage. scales—at no load and a test load between 50 Object of the test: To verify compliance with percent and 100 percent of weighing capacity. the applicable significant fault under condi- Test severities: Mains voltage: tions of short time mains voltage interrup- Upper limit U (nom) +10 percent. tions and reductions.
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Reference to standard: See section A.4 Bibli- d. Repeat the steps four times in this A.3.4 ography (d) IEC Publication 1000–4–11 (1994). Test Sequence section, making sure that Test procedure in brief: The test consists of there is a 10 second interval between repeti- subjecting the EUT to voltage interruptions tions. Observe the effect on the EUT. from nominal voltage to zero voltage for a e. Reduce the power supply to 50 percent of period equal to 8–10 ms, and from nominal nominal voltage for a period equal to 16–20 voltage to 50 percent of nominal for a period ms. During reduction observe the effect on equal to 16–20 ms. The mains voltage inter- the EUT and record, as appropriate. ruptions and reductions must be repeated f. Repeat the steps four times in this A.3.4 ten times with a time interval of at least 10 Test Sequence section, making sure that seconds. This test is conducted during a there is a 10 second interval between repeti- weighing operation consisting of the fol- tions. Observe the effect on the EUT. lowing: A.3.5 Bursts For belt scales—while totalizing at the max- Test method: Electrical bursts. imum flow rate at least the Σ (or a time min Object of the test: To verify compliance with sufficient to complete the test). the provisions in this manual under condi- For platform, hanging, and automatic hopper tions where electrical bursts are super- scales—tested with one small test load or imposed on the mains voltage. simulated load. Test severities: One hundred percent voltage Reference to standard: See section A.4 Bibli- interruption for a period equal to 8–10 ms. ography (e) Fifty percent voltage reduction for a period Test Procedure in brief: equal to 16–20 ms. Number of test cycles: Ten tests with a min- The test consists of subjecting the EUT to imum of 10 seconds between tests. bursts of double exponential wave-form tran- Maximum allowable variations: The dif- sient voltages. Each spike must have a rise ference between the weight indication due to in time of 5 ns and a half amplitude duration the disturbance and the indication without of 50 ns. The burst length must be 15 ms, the the disturbance either must not exceed 1d or burst period (repetition time interval) must the EUT must detect and act upon a signifi- be 300 ms. This test is conducted during a cant fault. weighing operation consisting of the fol- lowing: Conduct of the Test: For belt scales—while totalizing at the max- Preconditioning: None required. imum flow rate at least the Σmin (or a time sufficient to complete the test). Test equipment: For platform, hanging, and automatic hopper a. A test generator suitable to reduce the scales—tested with one small test load or amplitude of the AC voltage from the mains. simulated load. The test generator must be adjusted before Test severities: Amplitude (peak value) 1000 connecting the EUT. V. b. Load cell simulator, if applicable. Number of test cycles: At least 10 positive and 10 negative randomly phased bursts Condition of EUT: must be applied at 1000 V. a. Normal power supplied and ‘‘on’’ for a Maximum allowable variations: The dif- time period equal to or greater than the ference between the indication due to the warm-up time specified by the manufacturer. disturbance and the indication without the b. Adjust the EUT as close to zero indica- disturbance either must not exceed the val- tion as practicable prior to the test. ues given in sections 2.2.1.1b., 3.2.1.1b., and 4.2.1.1b, of this appendix, or the EUT must Test sequence: detect and act upon a significant fault. a. Stabilize all factors at nominal ref- Conduct of the test: Refer to the IEC Publi- erence conditions. cation referenced in section A.4 Bibliography b. Totalize as indicated in this A.3.4 Test (e) for detailed test procedures. Sequence section and record the— Supplementary information to the IEC test i. Date and time, procedures: ii. Temperature, iii. Relative humidity, Test equipment: iv. Power supply voltage, A burst generator having an output imped- v. Test load, ance of 50 ohms. vi. Indications, vii. Errors, and Test conditions: viii. Functions performance. c. Interrupt the power supply to zero volt- The burst generator must be adjusted be- age for a period equal to 8–10 ms. During fore connecting the EUT. The bursts must be interruption observe the effect on the EUT coupled to the EUT both on common mode and record, as appropriate. and differential mode interference.
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Condition of EUT: 3.2.1.1 b., and 4.2.1.1 b. of this appendix, or the EUT must detect and act upon a signifi- a. Normal power supplied and ‘‘on’’ for a cant fault. time period equal to or greater than the warm-up time specified by the manufacturer. Conduct of the test: Refer to the IEC Publi- b. Adjust the EUT as close to a zero indica- cation mentioned in section A.4 Bibliography tion as practicable prior to the test. (d) for detailed test procedures. Supplementary information to the IEC test Test Sequence: procedures. Preconditioning: None required. a. Stabilize all factors at nominal ref- erence conditions. Condition of EUT: b. Conduct the test as indicated in this A.3.5 Test Sequence section and record the— a. The EUT without a ground terminal i. Date and time, must be placed on a grounded plate which ii. Temperature, projects beyond the EUT by at least 0.1 m on iii. Relative humidity, all sides. The ground connection to the ca- iv. Test load, pacitor must be as short as possible. v. Indication, b. Normal power supplied and ‘‘on’’ for a vi. Errors, and time period equal to or greater than the vii. Functions performance. warm-up time specified by the manufacturer. c. Subject the EUT to at least 10 positive Power is to be ‘‘on’’ for the duration of the and 10 negative randomly phased bursts at test. the 1000 V mode. Observe the effect on the c. The EUT must be operating under stand- EUT and record, as appropriate. ard atmospheric conditions for testing. d. Stabilize all factors at nominal ref- d. Adjust the EUT as close to a zero indica- erence conditions. tion as practicable prior to the test. e. Repeat the test and record the test data as indicated in this A.3.5 Test Sequence sec- Test sequence: tion. a. Stabilize all factors at nominal ref- A.3.6 Electrostatic Discharge erence conditions. Test method: Electrostatic discharge (ESD). b. Conduct test as indicated in this A.3.6 Object of the test: To verify compliance with the provisions of this manual under condi- Test Sequence section and record the— tions of electrostatic discharges. i. Date and time, Reference to standard: See section A.4 Bibli- ii. Temperature, ography (f) iii. Relative humidity, iv. Power supply voltage, Test procedure in brief: v. Test load, A capacitor of 150 pF is charged by a suit- vi. Indication, able DC voltage source. The capacitor is then vii. Errors, and discharged through the EUT by connecting viii. Functions performance. one terminal to ground (chassis) and the c. Approach the EUT with the discharge other via 150 ohms to surfaces which are nor- electrode until discharge occurs and then re- mally accessible to the operator. This test is move it before the next discharge. Observe conducted during a weighing operation con- the effect of the discharge on the EUT and sisting of the following: record, as appropriate. For belt scales—while totalizing at the max- d. Repeat the above step at least nine imum flow rate at least the Σmin (or a time times, making sure to wait at least 10 sec- sufficient to complete the test). onds between successive discharges. Observe For platform, hanging, and automatic hopper the effect on the EUT and record as appro- scales—test with one small test load or simu- priate. lated load. e. Stabilize all factors at nominal ref- erence conditions. Test severities f. Repeat the test and record the test data Air Discharge: up to and including 8 kV. as indicated in this A.3.6 Test Sequence sec- Contact Discharge: up to and including 6 tion. kV. A.3.7 Electromagnetic Susceptibility Number of test cycles: At least 10 discharges Test method: Electromagnetic fields (radi- must be applied at intervals of at least 10 ated). seconds between discharges. Object of the Test: Maximum allowable variations: To verify compliance with the provisions The difference between the indication due in this manual under conditions of electro- to the disturbance and the indication with- magnetic fields. out the disturbance either must not exceed Reference to standard: See section A.4 Bibli- the values indicated in sections 2.2.1.1 b., ography (g).
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Test procedure in brief: to comply with international laws prohib- iting interference to radio communications, a. The EUT is placed in an EMI chamber care needs to be taken to handle reflections and tested under normal atmospheric condi- from the walls. Anechoic shielding might be tions. This test is first conducted at one load necessary. in a static mode, and the frequencies at which susceptibility is evident are noted. Condition of EUT: Then tests are conducted at the problem fre- quencies, if any, during a weighing operation a. Normal power supplied and ‘‘on’’ for a consisting of the following: time period equal to or greater than the For belt scales—while totalizing at the max- warm-up time specified by the manufacturer. Power is to be ‘‘on’’ for the duration of the imum flow rate at least the Σmin (or a time sufficient to complete the test). It is then ex- test. The EUT must be operating under posed to electromagnetic field strengths as standard atmospheric conditions for testing. specified in the Test severities in this sec- b. Adjust the EUT as close to a zero indica- tion A.3.7 of this annex to appendix A of this tion as practicable prior to the test. part. Test sequence: For platform, hanging, and automatic hopper scales—tested with one small test load. a. Stabilize all factors at nominal ref- b. The field strength can be generated in erence conditions. various ways: b. Conduct the test as indicated in this i. The strip line is used at low frequencies A.3.7 Test Sequence section and record the— (below 30 MHz or in some cases 150 MHz) for i. Date and time, small EUT’s; ii. Temperature, ii. The long wire is used at low frequencies iii. Relative humidity, (below 30 MHz) for larger EUT’s; iv. Test load, iii. Dipole antennas or antennas with cir- v. Indication, cular polarization placed 1 m from the EUT vi. Errors, and are used at high frequencies. vii. Functions performance. c. Under exposure to electromagnetic fields c. Following the IEC test procedures, ex- the EUT is again tested as indicated above. pose the EUT at zero load to the specified Test severities: Frequency range: 26–1000 field strengths while slowly scanning the MHz. three indicated frequency ranges. Field strength: 3 V/m. d. Observe and record the effect on the Modulation: 80 percent AM, 1 kHz sine EUT. wave. e. Repeat the test and observe and record Number of test cycles: Conduct test by con- the effect. tinuously scanning the specified frequency f. Stabilize all factors at nominal reference range while maintaining the field strength. conditions. Maximum allowable variations: The dif- g. Repeat the test and record the test data. ference between the indication due to the A.4 Bibliography disturbance and the indication without the Below are references to Publications of the disturbance either must not exceed the val- International Electrotechnical Commission ues given in this manual, or the EUT must (IEC), where mention is made in the tests in detect and act upon a significant fault. annex A to appendix A of this part. Conduct of the test: Refer to the IEC Publi- a. IEC Publication 68–2–1 (1974): Basic envi- cation referenced in section A.4 Bibliography ronmental testing procedures. Part 2: Tests, (g) for detailed information on test proce- Test Ad: Cold, for heat dissipating equip- dures. ment under test (EUT), with gradual change Supplementary information to the IEC test of temperature. procedures. IEC Publication 68–2–2 (1974): Basic envi- ronmental testing procedures, Part 2: Tests, Test conditions: Test Bd: Dry heat, for heat dissipating equip- a. The specified field strength must be es- ment under test (EUT) with gradual change tablished prior to the actual testing (without of temperature. the EUT in the field). At least 1 m of all ex- IEC Publication 68–3–1 (1974): Background ternal cables must be included in the expo- information, Section 1: Cold and dry heat sure by stretching them horizontally from tests. the EUT. b. IEC Publication 68–2–56 (1988): Environ- b. The field strength must be generated in mental testing, Part 2: Tests, Test Cb: Damp two orthogonal polarizations and the fre- heat, steady state. Primarily for equipment. quency range scanned slowly. If antennas IEC Publication 68–2–28 (1980): Guidance for with circular polarization, i.e., log-spiral or damp heat tests. helical antennas, are used to generate the c. IEC Publication 1000–4–11 (1994): Electro- electromagnetic field, a change in the posi- magnetic compatibility (EMC) Part 4: Test- tion of the antennas is not required. When ing and measurement techniques, Section 11. the test is carried out in a shielded enclosure Voltage dips, short interruptions and voltage
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variations immunity tests. Section 5.2 (Test ing and measurement techniques—Section 4: levels—Voltage variation). Section 8.2.2 Electrical fast transient/burst immunity (Execution of the test-voltage variation). test. Basic EMC publication. d. IEC Publication 1000–4–11 (1994): Electro- f. IEC Publication 1000–4–2 (1995): Electro- magnetic compatibility (EMC) Part 4: Test- magnetic compatibility (EMC) Part 4: Test- ing and measurement techniques, Section 11: ing and measurement techniques—Section 2: Voltage dips, short interruptions and voltage Electrostatic discharge immunity test. Basic variations immunity tests. Section 5.1 (Test EMC Publication. levels—Voltage dips and short interruptions. g. IEC Publication 1000–4–3 (1995): Electro- Section 8.2.1 (Execution of the test-voltage magnetic compatibility (EMC) Part 4: Test- dips and short interruptions) of the max- ing and measurement techniques—Section 3: imum transit speed and the range of oper- Radiated, radio-frequency electromagnetic ating speeds. field immunity test. e. IEC Publication 1000–4–4 (1995): Electro- magnetic compatibility (EMC) Part 4: Test- [63 FR 5845, Feb. 4, 1998]
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FIGURE 1 TO PART 679—BSAI STATISTICAL AND REPORTING AREAS
a. MAP
FIGURE 1 TO PART 679—BSAI STATISTICAL AND REPORTING AREAS
b. COORDINATES OF REPORTING AREAS
Code Description
300 ...... Russian waters. Those waters inside the Russian 200 mile limit as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart INT 814 Bering Sea (Northern Part). 400 ...... Chukchi Sea. North of a diagonal line between 66°00′ N, 169°42.5′ W (Cape Dezhneva, Russia); and 65°37.5′ N, 168°7.5′ W (Cape Prince of Wales, Alaska) and to the limits of the U.S. EEZ as described in the current edition of NOAA chart INT 814 Bering Sea (Northern Part). 508 ...... South of 58°00′ N between the intersection of 58°00′ N lat with the Alaska Peninsula and 160°00′ W long. 509 ...... South of 58°00′ N lat between 163°00′ W long and 165°00′ W long. 512 ...... South of 58°00′ N lat, north of the Alaska Peninsula between 160°00′ W long and 162°00′ W long. 513 ...... Between 58°00′ N lat and 56°30′ N lat, and between 165°00′ W long and 170°00′ W long. 514 ...... North of 58°00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170°00′ W long. 516 ...... South of 58°00′ N lat, north of the Alaska Peninsula, and between 162°00′ and 163°00′ W long. 517 ...... South of 56°30′ N lat, between 165°00′ W long and 170°00′ W long; and north of straight lines between 54°30′ N lat, 165°00′ W long, 54°30′ N lat, 167°00′ W long, and 55°46′ N lat, 170°00′ W long. 518 ...... Bogoslof District: South of a straight line between 55°46′ N lat, 170°00′ W long and 54°30′ N lat, 167°00′ W long, and between 167°00′ W long and 170°00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 52°49.2′ N, 169°40.4′ W, 52°49.8′ N, 169°06.3′ W, 53°23.8′ N, 167°50.1′ W, 53°18.7′ N, 167°51.4′ W. 519 ...... South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands con- necting the following coordinates in the order listed: 53°59.0′ N, 166°17.2′ W, 54°02.9′ N, 166°03.0′ W, 54°07.7′ N, 165°40.6′ W, 54°08.9′ N, 165°38.8′ W, 54°11.9′ N, 165°23.3′ W, 54°23.9′ N, 164°44.0′ W. 521 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 55°46′ N, 170°00′ W, 59°25′ N, 179°20′ W, 60°00′ N, 179°20′ W, 60°00′ N, 171°00′ W, 58°00′ N, 171°00′ W, 58°00′ N, 170°00′ W, 55°46′ N, 170°00′ W. 523 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 59°25′ N, 179°20′ W; 55°46′ N, 170°00′ W; 55°00′ N, 170°00′ W; 55°00′ N, 180°00′ W; and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 524 ...... The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed: 58°00′ N, 170°00′ W 58°00′ N, 171°00′ W; 60°00′ N, 171°00′ W; 60°00′ N, 179°20′ W; 59°25′ N, 179°20′ W and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 530 ...... The area north of 55°00′ N lat and west of 180°00′ W long to the limits of the US EEZ as described in the cur- rent edition of NOAA chart INT 813 Bering Sea (Southern Part). 541 ...... Eastern Aleutian District. The area south of 55°00′ N lat, west of 170°00′ W long, and east of 177°00′ W long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 542 ...... Central Aleutian District. The area south of 55°00′ N lat, west of 177°00′ W long, and east of 177°00′ E long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 543 ...... Western Aleutian District. The area south of 55°00′ N lat and west of 177°00′ E long, and bounded on the south and west by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands).
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Code Description
550 ...... Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.
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[63 FR 47378, Sept. 4, 1998]
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FIGURE 3 TO PART 679—GULF OF ALASKA STATISTICAL AND REPORTING AREAS
a. MAP
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FIGURE 3BTOPART 679—GULF OF ALASKA STATISTICAL AND REPORTING AREAS
b. COORDINATES OF REPORTING AREAS
Code Description
610 ...... Western Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands and straight lines be- tween the islands and the Alaska Peninsula connecting the following coordinates in the order listed: 52° 49.2′ N, 169° 40.4′ W; 52° 49.8′ N, 169° 06.3′ W; 53° 23.8′ N, 167° 50.1′ W; 53° 18.7′ N, 167° 51.4′ W; 53° 59.0′ N, 166° 17.2′ W; 54° 02.9′ N, 166° 03.0′ W; 54° 07.7′ N, 165° 40.6′ W; 54° 0.89′ N, 165° 38.8′ W; 54° 11.9′ N, 165° 23.3′ W; 54° 23.9′ N, 164° 44.0′ W; and southward to the limits of the US EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass), between 170° 00′ W long and 159° 00′ W long. 620 ...... Central Regulatory Area, Chirikof District. Along the south side of the Alaska Peninsula, between 159° 00′ W long and 154° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). 630 ...... Central Regulatory Area, Kodiak District. Along the south side of continental Alaska, between 154° 00′ W long and 147° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 640 ...... Eastern Regulatory Area, West Yakutat District. Along the south side of continental Alaska, between 147° 00′ W long and 140° 00′ W long, and southward to the limits of the US EEZ, as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 649 ...... Prince William Sound. Includes those waters of the State of Alaska inside the base line as specified in Alaska State regulations at 5 AAC 28.200. 650 ...... Eastern Regulatory Area, Southeast Outside District. East of 140° 00′ W long and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 659. 659 ...... Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105(a)(1) and (2). 690 ...... Gulf of Alaska outside the U.S. EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.
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FIGURE 4 TO PART 679—HERRING SAVINGS AREAS IN THE BSAI
a. MAP [61 FR 31230, June 19, 1996; 61 FR 40481, Aug. 2, 1996]
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639
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FIGURE 5 TO PART 679—KODIAK ISLAND AREAS CLOSED TO NONPELAGIC TRAWL GEAR
a. MAP
FIGURE 5 TO PART 679—KODIAK ISLAND AREAS CLOSED TO NONPELAGIC TRAWL GEAR
b. COORDINATES
Name and description of reference area North latitude/West longitude Reference point
Alitak Flats and Towers AreasÐAll waters of Alitak flats and the Towers Areas enclosed by a line connecting the following 7 points in the order listed: a ...... 56°59′4″ 154°31′1″ Low Cape. b ...... 57°00′0″ 155°00′0″ c ...... 56°17′0″ 155°00′0′ d ...... 56°17′0″ 153°52′0″ e ...... 56°33′5″ 153°52′0″ Cape Sitkinak. f ...... 56°54′5″ 153°32′5″ East point of Twoheaded Island. g ...... 56°56′0″ 153°35′5″ Kodiak Island, thence, along the coast- line. a ...... 56°59′4″ 154°31′1″ Low Cape. Marmot Flats AreaÐAll waters enclosed by a line connecting the following five points in the clockwise order listed: a ...... 58°00′0″ 152°30′0″ b ...... 58°00′0″ 151°47′0″ c ...... 57°37′0″ 151°47′0″ d ...... 57°37′0″ 152°10′1″ Cape Chiniak, then along the coastline of Kodiak Island to North Cape. e ...... 57°54′5″ 152°30′0″ a ...... 58°00′0″ 152°30′0″ Chirikof Island AreaÐAll waters surrounding Chirikof Island enclosed by a line connecting the following four points in the counter-clockwise order listed: a ...... 56°07′0″ 155°13′0″ b ...... 56°07′0″ 156°00′0″ c ...... 55°41′0″ 156°00′0″ d ...... 55°41′0″ 155°13′0″ a ...... 56°07′0″ 155°13′0″ Barnabas AreaÐAll waters enclosed by a line connecting the following six points in the counter clockwise order listed a57° 00′ 0″ 153° 18′ 0″ Black Point b ...... 56°56′0″ 153°09′0″ c ...... 57°22′0″ 152°18′5″ South Tip of Ugak Island. d ...... 57°23′5″ 152°17′5″ North Tip of Ugak Island. e ...... 57°25′3″ 152°20′0″ Narrow Cape, thence, along the coast- line of Kodiak Island. f ...... 57°04′2″ 153°30′0″ Cape Kasick to Black Point, including inshore waters. a ...... 57°00′0″ 153°18′0″
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FIGURE 6 TO PART 679—LENGTH OVERALL OF A VESSEL
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[63 FR 47379, Sept. 4, 1998]
643
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[63 FR 47380, Sept. 4, 1998]
644
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[63 FR 47381, Sept. 4, 1998]
645
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[63 FR 47382, Sept. 4, 1998]
646
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[63 FR 47383, Sept. 4, 1998]
647
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[63 FR 54614, Oct. 13, 1998]
648
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649
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[63 FR 47385, Sept. 4, 1998]
650
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[63 FR 47387, Sept. 4, 1998]
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FIGURE 15 TO PART 679. REGULATORY AREAS Area 2B includes all waters off British Co- FOR THE PACIFIC HALIBUT FISHERY B. CO- lumbia; ORDINATES Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Area 2A includes all waters off the states of Spencer Light (58°11′57″ N. lat., 136°38′18″ W. California, Oregon, and Washington; long.) and south and east of a line running 205° true from said light;
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Area 3A includes all waters between Area W. long., south of 58°00′00″ N. lat., and west of 2C and a line extending from the most north- 168°00′00″ W. long.; erly point on Cape Aklek (57°41′15″ N. lat., Area 4D includes all waters in the Bering 155°35′00″ W. long.) to Cape Ikolik (57°17′17″ N. Sea north of Areas 4A and 4B, north and west lat., 154°47′18″ W. long.), then along the Ko- of Area 4C, and west of 168°00′00″ W. long.; diak Island coastline to Cape Trinity Area 4E includes all waters in the Bering (56°44′50″ N. lat., 154°08′44″ W. long.), then 140° Sea north and east of the closed area defined true; below, east of 168°00′00″ W. long., and south of Area 3B includes all waters between Area 65°34′00″ N. lat. 3A and a line extending 150° true from Cape Closed areas Lutke (54°29′00″ N. lat., 164°20′00″ W. long.) All waters in the Bering Sea north of and south of 54°49′00″ N. lat. in Isanotski 54°49′00″ N. lat. in Isanotski Strait that are Strait; enclosed by a line from Cape Sarichef Light Area 4A includes all waters in the GOA (54°36′00″ N. lat., 164°55′42″ W. long.) to a point west of Area 3B and in the Bering Sea west at 56°20′00″ N. lat., 168°30′00″ W. long.; thence of the closed area defined below that are east to a point at 58°21′25″ N. lat., 163°00′00″ W. of 172°00′00″ W. long. and south of 56°20′00″ N. long.; thence to Strogonof Point (56°53′18″ N. lat.; lat., 158°50′37″ W. long.); and then along the Area 4B includes all waters in the Bering northern coasts of the Alaska Peninsula and Sea and the GOA west of Area 4A and south Unimak Island to the point of origin at Cape of 56°20′00″ N. lat.; Sarichef Light. In Area 2A, all waters north of Point Che- Area 4C includes all waters in the Bering halis, WA (46°53′18″ N. lat.). Sea north of Area 4A and north of the closed area defined below which are east of 171°00′00″ [63 FR 47388, Sept. 4, 1998]
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[63 FR 54612, Oct. 13, 1998]
654
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[63 FR 47371, Sept. 4, 1998]
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656
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657
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[63 FR 47372, Sept. 4, 1998; 63 FR 54613, Oct. 13, 1998]
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TABLE 4 TO PART 679ÐBERING SEA SUBAREA STELLER SEA LION PROTECTION AREAS
From To Island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 223.202 of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W54°05.5′ N 166°05.0′ W Bogoslof Island ...... 53°56.0′ N 168°02.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W Adugak Island ...... 52°55.0′ N 169°10.5′ W Walrus Island ...... 57°11.0′ N 169°56.0′ W
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679, Trawling Prohibited Within 20 nm).
Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W54°05.5′ N 166°05.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W54°13.0′ N 164°48.0′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rook- ery extends around the entire shoreline of the island at mean lower low water.
[61 FR 31230, June 19, 1996, as amended at 64 20, 1999, through July 19, 1999. At 64 FR 39087, FR 14077, Mar. 23, 1999] July 21, 1999, the effective date was extended from July 21, 1999, through Dec. 31, 1999. EFFECTIVE DATE NOTE: At 64 FR 3444, Jan. 22, 1999, table 4 was suspended, effective Jan.
TABLE 5ÐALEUTIAN ISLANDS SUBAREA STELLER SEA LION PROTECTION AREAS
From To Name of island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 223.202 of this title a. Trawling Prohibited Year-Round Within 10 nm
Yunaska Island ...... 52° 42.0′ N 170° 38.5′ W52° 41.0′ N 170° 34.5′ W Kasatochi Island ...... 52° 10.0′ N 175° 31.0′ W52° 10.5′ N 175° 29.0′ W Adak Island ...... 51° 36.5′ N 176° 59.0′ W51° 38.0′ N 176° 59.5′ W Gramp Rock ...... 51° 29.0′ N 178° 20.5′ W Tag Island ...... 51° 33.5′ N 178° 34.5′ W Ulak Island ...... 51° 20.0′ N 178° 57.0′ W51° 18.5′ N 178° 59.5′ W Semisopochnoi ...... 51° 58.5′ N 179° 45.5′ E51° 57.0′ N 179° 46.0′ E Semisopochnoi ...... 52° 01.5′ N 179° 37.5′ E52° 01.5′ N 179° 39.0′ E Amchitka Island ...... 51° 22.5′ N 179° 28.0′ E51° 21.5′ N 179° 25.0′ E Amchitka Is/Column Rocks ...... 51° 32.5′ N 178° 49.5′ E ...... Ayugadak Point ...... 51° 45.5′ N 178° 24.5′ E Kiska Island ...... 51° 57.5′ N 177° 21.0′ E51° 56.5′ N 177° 20.0′ E Kiska Island ...... 51° 52.5′ N 177° 13.0′ E51° 53.5′ N 177° 12.0′ E Buldir Island ...... 52° 20.5′ N 175° 57.0′ E52° 23.5′ N 175° 51.0′ E Agattu Is./Gillion Pt ...... 52° 24.0′ N 173° 21.5′ E Agattu Island ...... 52° 23.5′ N 173° 43.5′ E52° 22.0′ N 173° 41.0′ E Attu Island ...... 52° 54.5′ N 172° 28.5′ E52° 57.5′ N 172° 31.5′ E
b. Trawling Prohibited Year-Round Within 20 nm
Seguam Island ...... 52° 21.0′ N 172° 35.0′ W52° 21.0′ N 172° 33.0′ W Agligadak Island ...... 52° 06.5′ N 172° 54.0′ W Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.
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[64 FR 3452, Jan. 22, 1999, as amended at 64 FR 14077, Mar. 23, 1999]
TABLE 6 TO PART 679ÐGULF OF ALASKA STELLER SEA LION PROTECTION AREAS
From To Island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 223.202 of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Outer Island ...... 59°20.5′ N 150°23.0′ W59°21.0′ N 150°24.5′ W Sugarloaf Island ...... 58°53.0′ N 152°02.0′ W Marmot Island ...... 58°14.5′ N 151°47.5′ W58°10.0′ N 151°51.0′ W Chirikof Island ...... 55°46.5′ N 155°39.5′ W55°46.5′ W 155°43.0′ W Chowiet Island ...... 56°00.5′ N 156°41.5′ W56°00.5′ N 156°42.0′ W Atkins Island ...... 55°03.5′ N 159°18.5′ W Chernabura Island ...... 54°47.5′ N 159°31.0′ W54°45.5′ N 159°33.5′ W Pinnacle Rock ...... 54°46.0′ N 161°46.0′ W Clubbing Rocks-N ...... 54°43.0′ N 162°26.5′ W Clubbing Rocks-S ...... 54°42.0′ N 162°26.5′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W54°05.5′ N 166°05.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling Prohibited Within 20 nm).
Akun I...... 54°18.0′ N 165°32.5′ W54°18.0′ N 165°31.5′ W Akutan I...... 54°03.5′ N 166°00.0′ W54°05.5′ N 166°05.0′ W Ugamak I...... 54°14.0′ N 164°48.0′ W54°13.0′ N 164°48.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rook- ery extends around the entire shoreline of the island at mean lower low water.
[61 FR 31230, June 19, 1996, as amended at 64 20, 1999, through July 19, 1999. At 64 FR 39087, FR 14077, Mar. 23, 1999] July 21, 1999, the effective date was extended from July 21, 1999, through Dec. 31, 1999. EFFECTIVE DATE NOTE: At 64 FR 3444, Jan. 22, 1999, table 6 was suspended, effective Jan.
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[63 FR 47375, Sept. 4, 1998]
TABLE 8 TO PART 679ÐHARVEST ZONE CODES TABLE 8 TO PART 679ÐHARVEST ZONE CODES FOR USE WITH PRODUCT TRANSFER REPORTS FOR USE WITH PRODUCT TRANSFER REPORTS AND VESSEL ACTIVITY REPORTS AND VESSEL ACTIVITY REPORTSÐContinued
Harvest Description Harvest zone zone Description
A ...... EEZ off Alaska. R ...... Russian waters. D ...... Donut Hole. S ...... Seamounts in International waters. F ...... Foreign Waters Other than Russia. U ...... U.S. EEZ other than Alaska. I ...... International Waters other than Donut Hole and Seamounts.
TABLE 9 TO PART 679ÐREQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH FISHERIES
Catcher-proc- Shoreside Name of logbook/Form Catcher-vessel essor Mothership processor Buying station
Daily Fishing Logbook (DFL) ...... Yes No No No No
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TABLE 9 TO PART 679ÐREQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH FISHERIESÐContinued
Catcher-proc- Shoreside Name of logbook/Form Catcher-vessel essor Mothership processor Buying station
Daily Cumulative Production Logbook (DCPL) ...... No Yes Yes Yes No Daily Cumulative Logbook (DCL) ...... No No No No Yes Check-in/Check-out Report ...... No Yes Yes Yes Yes U.S. Vessel Activity Report (VAR) ...... Yes Yes Yes No No Weekly Production Report (WPR) ...... No Yes Yes Yes No Daily Production Report (DPR)* ...... No Yes Yes Yes No Product Transfer Report (PTR) ...... No Yes Yes Yes No * When required by Regional Administrator. [61 FR 31302, June 19, 1996; 61 FR 40481, Aug. 2, 1996]
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[63 FR 47376, Sept. 4, 1998; 63 FR 54613, Oct. 13, 1998]
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[63 FR 47377, Sept. 4, 1998]
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PART 697—ATLANTIC COASTAL Commercial purposes - means for the FISHERIES COOPERATIVE MAN- purpose of selling or bartering all or AGEMENT part of the fish harvested. Commission means the Atlantic States Marine Fisheries Commission Sec. established under the interstate com- 697.1 Purpose and scope. 697.2 Definitions. pact consented to and approved by Con- 697.3 Relation to the Magnuson-Stevens gress in Public Laws 77–539 and 81–721. Act. Continuous transit means that a ves- 697.4 Relation to state law. sel does not have fishing gear in the 697.5 Civil procedures. water and remains continuously under- 697.6 Specifically authorized activities. way while in the EEZ. 697.7 Prohibitions. Crab trawl means any trawl net that AUTHORITY: 16 U.S.C. 1851 note; 16 U.S.C. is rigged for fishing and has a mesh size 5101 et seq. of 3.0 inches (7.62 cm), as measured be- tween the centers of opposite knots SOURCE: 62 FR 49455, Sept. 22, 1997, unless when pulled taut. otherwise noted. De minimis state means any state § 697.1 Purpose and scope. where the landings are so low that the Commission’s Fisheries Management The regulations in this part imple- Board has exempted that state from ment section 804(b) of the Atlantic some of its regulatory responsibilities Coastal Fisheries Cooperative Manage- under an Interstate Fishery Manage- ment Act, 16 U.S.C. 5101 et seq., and sec- ment Plan. tion 6 of the Atlantic Striped Bass Con- Fishing trip or trip means a period of servation Act Appropriations Author- time during which fishing is conducted, ization, 16 U.S.C. 1851 note, and govern beginning when the vessel leaves port fishing in the EEZ on the Atlantic and ending when the vessel returns to Coast for species covered by those acts. port. Flynets, for the purpose of this part, § 697.2 Definitions. means any trawl net, except shrimp In addition to the definitions in trawl nets containing certified BRDs § 600.10 of this chapter, the terms in and approved TEDs, when required this part have the following meanings: under 50 CFR 223.206, and except trawl American lobster or lobster means the nets that comply with the gear restric- species Homarus americanus. tions specified at § 648.104 of this chap- Approved TED means any approved ter for the summer flounder fishery Ted as deined at 50 CFR 222.102. and contain an approved TED, when re- Atlantic striped bass means members quired under 50 CFR 223.206. of stocks or populations of the species Land means to begin offloading fish, Morone saxatilis found in the waters of to offload fish, or to enter port with the Atlantic Ocean north of Key West, fish. FL. Montauk Light means the aid to navi- Atlantic sturgeon means members of gation light located at Montauk Point, stocks or populations of the species NY, and defined as follows: Located at Acipenser oxyrhynchus. 41°04.3’N. lat., 71°51.5’W. long.; is shown Block Island Southeast Light means from an octagonal, pyramidal tower, the aid to navigation light located at 108 ft (32.9 m) high; and has a covered Southeast Point, Block Island, RI, and way to a dwelling. defined as follows: Located at 40°09.2’N. Natural Atlantic sturgeon means any lat., 71°33.1’W. long; is 201 ft (61.3 m) Atlantic sturgeon that is not the result above the water; and is shown from a of a commercial aquaculture operation, brick octagonal tower 67 ft (20.4 m) and includes any naturally occurring high attached to a dwelling on the Atlantic sturgeon (those Atlantic stur- southeast point of Block Island, RI. geon naturally spawned and grown in BRD means bycatch reduction device. rivers and ocean waters of the Atlantic Certified BRDs means any BRD, as de- Coast). fined in 50 CFR part 622 Appendix D: Parts thereof means any part of an Specifications for Certified BRDs. American lobster.
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Point Judith Light means the aid to § 697.4 Relation to state law. navigation light located at Point Ju- The regulations in this part do not dith, RI, and defined as follows: Lo- preempt more restrictive state laws, or cated at 41°21.7’N. lat., 71°28.9’W. long.; state enforcement of more restrictive is 65 ft (19.8 m) above the water; and is state laws, with respect to weakfish shown from an octagonal tower 51 ft fishing. (15.5 m) high. Pot or Trap means any structure or § 697.5 Civil procedures. other device that, other than a net, is placed on the ocean bottom and is de- The civil procedure regulations at 15 signed to or is capable of catching lob- CFR part 904 apply to civil penalties, sters. permit sanctions, seizures, and forfeit- ures under the Atlantic Striped Bass Retain means to fail to return any Act and the Atlantic Coastal Fisheries species specified under § 697.7 of this Cooperative Management Act, and the chapter to the sea immediately after regulations in this part. the hook has been removed or after the species has otherwise been released § 697.6 Specifically authorized activi- from the capture gear. ties. Shrimp trawl net means any trawl net NMFS may authorize, for the acqui- that is rigged for fishing and has a sition of information and data, activi- mesh size less than 2.50 inches (6.35 ties that are otherwise prohibited by cm), as measured between the centers the regulations in this part. of opposite knots when pulled taut, and each try net, as defined at § 622.2 of this § 697.7 Prohibitions. chapter, that is rigged for fishing and has a headrope length longer than 16.0 (a) Atlantic Coast weakfish fishery. In ft (4.9 m). addition to the prohibitions set forth in § 600.725 of this chapter, the fol- Stocked Atlantic sturgeon means any lowing prohibitions apply. It is unlaw- Atlantic sturgeon cultured in a hatch- ful for any person to do any of the fol- ery that is placed in rivers and ocean lowing: waters of the Atlantic Coast to en- hance the Atlantic sturgeon spawning (1) Fish for, harvest, or possess any stocks. weakfish less than 12 inches (30.5 cm) in total length (measured as a straight TED (turtle excluder device) means a line along the bottom of the fish from device designed to be installed in a the tip of the lower jaw with the mouth trawl net forward of the codend for the closed to the end of the lower tip of the purpose of excluding sea turtles from tail) from the EEZ. the net. (2) Retain any weakfish less than 12 Weakfish means members of the stock inches (30.5 cm) in total length taken or population of the species Cynoscion in or from the EEZ. regalis, found along the Atlantic Coast (3) Fish for weakfish in the EEZ with from southern Florida to Massachu- a minimum mesh size less than 3 1/4– setts Bay. inch (8.3 cm) square stretch mesh (as [62 FR 49455, Sept. 22, 1997, as amended at 63 measured between the centers of oppo- FR 10155, Mar. 2, 1998; 64 FR 9450, Feb. 26, site knots when stretched taut) or 3 3/ 1999; 64 FR 14077, Mar. 23, 1999] 4–inch (9.5–cm) diamond stretch mesh for trawls and 2 7/8–inch (7.3 cm) § 697.3 Relation to the Magnuson-Ste- stretch mesh for gillnets. vens Act. (4) To possess more than 150 lb (67 kg) The provisions of sections 307 of weakfish during any one day or trip, through 311 of the Magnuson-Stevens whichever is longer, in the EEZ when Act, as amended, regarding prohibited using a mesh size less than 3 1/4–inch acts, civil penalties, criminal offenses, (8.3 cm) square stretch mesh (as meas- civil forfeitures, and enforcement ured between the centers of opposite apply with respect to the regulations knots when stretched taut) or 3 3/4– in this part, as if the regulations in inch (9.5 cm) diamond stretch mesh for this part were issued under the Magnu- finfish trawls and 2 7/8–inch (7.3 cm) son-Stevens Act. stretch mesh for gillnets.
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(5) To fish using a flynet in the EEZ Judith, RI, and Block Island Southeast off North Carolina in the area bounded Light, Block Island, RI. Within this as follows: area, possession of Atlantic striped (i) On the north by a straight line bass is permitted, provided no fishing connecting points 35°10.8’N. lat., takes place from the vessel while in the 75°29.2’W. long. (3 nm off Cape Hat- EEZ and the vessel is in continuous teras) and 35°03.5’N. lat., 75°11.8’W. transit. long. (20 nm off Cape Hatteras). (4) Retain any Atlantic striped bass (ii) The east by a straight line con- taken in or from the EEZ. necting points 35°03.5’N. lat., 75°11.8’W. (c) American Lobster fishery. In addi- long. (20 nm off Cape Hatteras) and tion to the prohibitions set forth in 33°21.1’N. lat., 77°57.5’W. long., (about 30 § 600.725 of this chapter and the restric- nm off Cape Fear on the extension of tions set forth in § 648.80 of this chap- the North Carolina/South Carolina ter, it is unlawful for a vessel that has state line into the EEZ). a vessel permit issued under 50 CFR (iii) On the south by a straight line 649.4, that takes lobsters by any meth- connecting points 33°21.1’N. lat., od other than pots or traps, or that 77°57.5’W. long., and 33°48.8’N. lat., takes lobsters on a fishing trip in the 78°29.7’W. long. (3 nm off Little River EEZ by any method other than pots or Inlet on the North Carolina/South traps to do any of the following: Carolina state line). (1) For each fishing trip of 24 hours or (iv) On the west by state waters. less duration, land American lobsters (6) To possess any weakfish in the in excess of 100 lobsters, or parts there- closed area of the EEZ, described of. inParagraph (a)(5) of this section, when (2) During any 5-day period, land fishing with shrimp trawls or crab American lobsters in excess of 500 lob- trawls. sters, or parts thereof. (7) To land weakfish for commercial (3) For each fishing trip of 5 or more purposes caught in the EEZ in any days duration, land American lobsters state other than Massachusetts, Rhode in excess of 500 lobsters, or parts there- Island, Connecticut, New York, New of. Jersey, Delaware, Maryland, Virginia, (d) Atlantic sturgeon fishery. In addi- or North Carolina. tion to the prohibitions set forth in (b) Atlantic striped bass fishery. In ad- § 600.725, the following prohibitions dition to the prohibitions set forth in apply. It is unlawful for any person to § 600.725, the following prohibitions do any of the following: apply. It is unlawful for any person to (1) Fish for Atlantic sturgeon in the do any of the following: EEZ. (1) Fish for Atlantic striped bass in (2) Harvest any Atlantic sturgeon the EEZ. (2) Harvest any Atlantic striped bass from the EEZ. from the EEZ. (3) Possess any natural or stocked (3) Possess any Atlantic striped bass Atlantic sturgeon in or from the EEZ. in or from the EEZ, except for the fol- (4) Retain any Atlantic sturgeon lowing area: The EEZ within Block Is- taken in or from the EEZ. land Sound, north of a line connecting (5) Possess any natural Atlantic stur- Montauk Light, Montauk Point, NY, geon parts, including Atlantic sturgeon and Block Island Southeast Light, eggs, in the EEZ. Block Island, RI; and west of a line [62 FR 49455, Sept. 22, 1997, as amended at 64 connecting Point Judith Light, Point FR 9451, Feb. 26, 1999]
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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabet- ical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published sepa- rately and revised annually. Material Approved for Incorporation by Reference Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected
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The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
50 CFR (PARTS 600–END) NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE 50 CFR Florida Marine Fisheries Commission 2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301, telephone (904) 487–0554 Florida Administrative Code, rules 62N–8.001 and 46–13.002(2)(e) 654.6(a) and (f), all as in effect as of April 14, 1995. Florida Administrative Code, rule 46–13.002(2)(b), in effect as of 654.20(b) April 14, 1995.
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Title 1—General Provisions
I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) IV Miscellaneous Agencies (Parts 400—500)
Title 2—[Reserved]
Title 3—The President
I Executive Office of the President (Parts 100—199)
Title 4—Accounts
I General Accounting Office (Parts 1—99) II Federal Claims Collection Standards (General Accounting Of- fice—Department of Justice) (Parts 100—299)
Title 5—Administrative Personnel
I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VII Advisory Commission on Intergovernmental Relations (Parts 1700—1799) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Part 2100) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Part 3201)
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XXIII Department of Energy (Part 3301) XXIV Federal Energy Regulatory Commission (Part 3401) XXV Department of the Interior (Part 3501) XXVI Department of Defense (Part 3601) XXVIII Department of Justice (Part 3801) XXIX Federal Communications Commission (Parts 3900—3999) XXX Farm Credit System Insurance Corporation (Parts 4000—4099) XXXI Farm Credit Administration (Parts 4100—4199) XXXIII Overseas Private Investment Corporation (Part 4301) XXXV Office of Personnel Management (Part 4501) XL Interstate Commerce Commission (Part 5001) XLI Commodity Futures Trading Commission (Part 5101) XLII Department of Labor (Part 5201) XLIII National Science Foundation (Part 5301) XLV Department of Health and Human Services (Part 5501) XLVI Postal Rate Commission (Part 5601) XLVII Federal Trade Commission (Part 5701) XLVIII Nuclear Regulatory Commission (Part 5801) L Department of Transportation (Part 6001) LII Export-Import Bank of the United States (Part 6201) LIII Department of Education (Parts 6300—6399) LIV Environmental Protection Agency (Part 6401) LVII General Services Administration (Part 6701) LVIII Board of Governors of the Federal Reserve System (Part 6801) LIX National Aeronautics and Space Administration (Part 6901) LX United States Postal Service (Part 7001) LXI National Labor Relations Board (Part 7101) LXII Equal Employment Opportunity Commission (Part 7201) LXIII Inter-American Foundation (Part 7301) LXV Department of Housing and Urban Development (Part 7501) LXVI National Archives and Records Administration (Part 7601) LXIX Tennessee Valley Authority (Part 7901) LXXI Consumer Product Safety Commission (Part 8101) LXXIV Federal Mine Safety and Health Review Commission (Part 8401) LXXVI Federal Retirement Thrift Investment Board (Part 8601) LXXVII Office of Management and Budget (Part 8701)
Title 6—[Reserved]
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SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS 0—26) SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Nutrition Service, Department of Agriculture (Parts 210—299) III Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 300—399) IV Federal Crop Insurance Corporation, Department of Agriculture (Parts 400—499) V Agricultural Research Service, Department of Agriculture (Parts 500—599) VI Natural Resources Conservation Service, Department of Agri- culture (Parts 600—699) VII Farm Service Agency, Department of Agriculture (Parts 700— 799) VIII Grain Inspection, Packers and Stockyards Administration (Fed- eral Grain Inspection Service), Department of Agriculture (Parts 800—899) IX Agricultural Marketing Service (Marketing Agreements and Or- ders; Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900—999) X Agricultural Marketing Service (Marketing Agreements and Or- ders; Milk), Department of Agriculture (Parts 1000—1199) XI Agricultural Marketing Service (Marketing Agreements and Or- ders; Miscellaneous Commodities), Department of Agriculture (Parts 1200—1299) XIII Northeast Dairy Compact Commission (Parts 1300—1399) XIV Commodity Credit Corporation, Department of Agriculture (Parts 1400—1499) XV Foreign Agricultural Service, Department of Agriculture (Parts 1500—1599) XVI Rural Telephone Bank, Department of Agriculture (Parts 1600— 1699) XVII Rural Utilities Service, Department of Agriculture (Parts 1700— 1799) XVIII Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Depart- ment of Agriculture (Parts 1800—2099) XXVI Office of Inspector General, Department of Agriculture (Parts 2600—2699) XXVII Office of Information Resources Management, Department of Agriculture (Parts 2700—2799) XXVIII Office of Operations, Department of Agriculture (Parts 2800— 2899) XXIX Office of Energy, Department of Agriculture (Parts 2900—2999) XXX Office of the Chief Financial Officer, Department of Agriculture (Parts 3000—3099) XXXI Office of Environmental Quality, Department of Agriculture (Parts 3100—3199)
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XXXII Office of Procurement and Property Management, Department of Agriculture (Parts 3200—3299) XXXIII Office of Transportation, Department of Agriculture (Parts 3300—3399) XXXIV Cooperative State Research, Education, and Extension Service, Department of Agriculture (Parts 3400—3499) XXXV Rural Housing Service, Department of Agriculture (Parts 3500— 3599) XXXVI National Agricultural Statistics Service, Department of Agri- culture (Parts 3600—3699) XXXVII Economic Research Service, Department of Agriculture (Parts 3700—3799) XXXVIII World Agricultural Outlook Board, Department of Agriculture (Parts 3800—3899) XLI [Reserved] XLII Rural Business-Cooperative Service and Rural Utilities Service, Department of Agriculture (Parts 4200—4299)
Title 8—Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice (Parts 1—599)
Title 9—Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Department of Agriculture (Parts 300—599)
Title 10—Energy
I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799)
Title 11—Federal Elections
I Federal Election Commission (Parts 1—9099)
Title 12—Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1—199)
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II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799) VIII Federal Financing Bank (Parts 800—899) IX Federal Housing Finance Board (Parts 900—999) XI Federal Financial Institutions Examination Council (Parts 1100—1199) XIV Farm Credit System Insurance Corporation (Parts 1400—1499) XV Department of the Treasury (Parts 1500—1599) XVII Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development (Parts 1700—1799) XVIII Community Development Financial Institutions Fund, Depart- ment of the Treasury (Parts 1800—1899)
Title 13—Business Credit and Assistance
I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399)
Title 14—Aeronautics and Space
I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200— 1299)
Title 15—Commerce and Foreign Trade
SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0— 29) SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499)
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VII Bureau of Export Administration, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499) SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE- MENTS XX Office of the United States Trade Representative (Parts 2000— 2099) SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS AND INFORMATION XXIII National Telecommunications and Information Administration, Department of Commerce (Parts 2300—2399)
Title 16—Commercial Practices
I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)
Title 17—Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)
Title 18—Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)
Title 19—Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399)
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I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Employment Standards Administration, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999) IX Office of the Assistant Secretary for Veterans’ Employment and Training, Department of Labor (Parts 1000—1099)
Title 21—Food and Drugs
I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)
Title 22—Foreign Relations
I Department of State (Parts 1—199) II Agency for International Development (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V United States Information Agency (Parts 500—599) VII Overseas Private Investment Corporation (Parts 700—799) IX Foreign Service Grievance Board Regulations (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Board for International Broadcasting (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)
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I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)
Title 24—Housing and Urban Development
SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE- VELOPMENT I Office of Assistant Secretary for Equal Opportunity, Department of Housing and Urban Development (Parts 100—199) II Office of Assistant Secretary for Housing-Federal Housing Com- missioner, Department of Housing and Urban Development (Parts 200—299) III Government National Mortgage Association, Department of Housing and Urban Development (Parts 300—399) IV Office of Multifamily Housing Assistance Restructuring, Depart- ment of Housing and Urban Development (Parts 400—499) V Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 500—599) VI Office of Assistant Secretary for Community Planning and De- velopment, Department of Housing and Urban Development (Parts 600—699) [Reserved] VII Office of the Secretary, Department of Housing and Urban Devel- opment (Housing Assistance Programs and Public and Indian Housing Programs) (Parts 700—799) VIII Office of the Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Section 8 Housing Assistance Programs, Section 202 Di- rect Loan Program, Section 202 Supportive Housing for the El- derly Program and Section 811 Supportive Housing for Persons With Disabilities Program) (Parts 800—899) IX Office of Assistant Secretary for Public and Indian Housing, De- partment of Housing and Urban Development (Parts 900—999) X Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Interstate Land Sales Registration Program) (Parts 1700—1799) XII Office of Inspector General, Department of Housing and Urban Development (Parts 2000—2099) XX Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Develop- ment (Parts 3200—3899) XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)
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I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Part 1001) VII Office of the Special Trustee for American Indians, Department of the Interior (Part 1200)
Title 26—Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1— 799)
Title 27—Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury (Parts 1—299)
Title 28—Judicial Administration
I Department of Justice (Parts 0—199) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799)
Title 29—Labor
SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99) SUBTITLE B—REGULATIONS RELATING TO LABOR I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299)
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XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Pension and Welfare Benefits Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)
Title 30—Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1—199) II Minerals Management Service, Department of the Interior (Parts 200—299) III Board of Surface Mining and Reclamation Appeals, Department of the Interior (Parts 300—399) IV Geological Survey, Department of the Interior (Parts 400—499) VI Bureau of Mines, Department of the Interior (Parts 600—699) VII Office of Surface Mining Reclamation and Enforcement, Depart- ment of the Interior (Parts 700—999)
Title 31—Money and Finance: Treasury
SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS 0—50) SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899)
Title 32—National Defense
SUBTITLE A—DEPARTMENT OF DEFENSE I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799)
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VII Department of the Air Force (Parts 800—1099) SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE- FENSE XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XVIII National Counterintelligence Center (Parts 1800—1899) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899) XXIX Presidential Commission on the Assignment of Women in the Armed Forces (Part 2900)
Title 33—Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1—199) II Corps of Engineers, Department of the Army (Parts 200—399) IV Saint Lawrence Seaway Development Corporation, Department of Transportation (Parts 400—499)
Title 34—Education
SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU- CATION (PARTS 1—99) SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) XI National Institute for Literacy (Parts 1100—1199) SUBTITLE C—REGULATIONS RELATING TO EDUCATION XII National Council on Disability (Parts 1200—1299)
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I Panama Canal Regulations (Parts 1—299)
Title 36—Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) X Presidio Trust (Parts 1000—1099) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XIV Assassination Records Review Board (Parts 1400—1499)
Title 37—Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1—199) II Copyright Office, Library of Congress (Parts 200—299) IV Assistant Secretary for Technology Policy, Department of Com- merce (Parts 400—499) V Under Secretary for Technology, Department of Commerce (Parts 500—599)
Title 38—Pensions, Bonuses, and Veterans’ Relief
I Department of Veterans Affairs (Parts 0—99)
Title 39—Postal Service
I United States Postal Service (Parts 1—999) III Postal Rate Commission (Parts 3000—3099)
Title 40—Protection of Environment
I Environmental Protection Agency (Parts 1—799) V Council on Environmental Quality (Parts 1500—1599) VII Environmental Protection Agency and Department of Defense; Uniform National Discharge Standards for Vessels of the Armed Forces (Parts 1700—1799)
Title 41—Public Contracts and Property Management
SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS
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50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans Employment and Training, Department of Labor (Parts 61–1—61–999) SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM 101 Federal Property Management Regulations (Parts 101–1—101–99) 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE- MENT [RESERVED] SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT REGULATIONS SYSTEM 201 Federal Information Resources Management Regulation (Parts 201–1—201–99) [Reserved] SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM 300 General (Parts 300–1—300.99) 301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99) 303 Payment of Expenses Connected with the Death of Certain Em- ployees (Part 303–70) 304 Payment from a Non-Federal Source for Travel Expenses (Parts 304–1—304–99)
Title 42—Public Health
I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Health Care Financing Administration, Department of Health and Human Services (Parts 400—499) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)
Title 43—Public Lands: Interior
SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS I Bureau of Reclamation, Department of the Interior (Parts 200— 499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999)
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III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10005)
Title 44—Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)
Title 45—Public Welfare
SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES (PARTS 1—199) SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899) X Office of Community Services, Administration for Children and Families, Department of Health and Human Services (Parts 1000—1099) XI National Foundation on the Arts and the Humanities (Parts 1100—1199) XII Corporation for National and Community Service (Parts 1200— 1299) XIII Office of Human Development Services, Department of Health and Human Services (Parts 1300—1399) XVI Legal Services Corporation (Parts 1600—1699) XVII National Commission on Libraries and Information Science (Parts 1700—1799) XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899) XXI Commission on Fine Arts (Parts 2100—2199) XXIII Arctic Research Commission (Part 2301) XXIV James Madison Memorial Fellowship Foundation (Parts 2400— 2499) XXV Corporation for National and Community Service (Parts 2500— 2599)
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I Coast Guard, Department of Transportation (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) III Coast Guard (Great Lakes Pilotage), Department of Transpor- tation (Parts 400—499) IV Federal Maritime Commission (Parts 500—599)
Title 47—Telecommunication
I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)
Title 48—Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1—99) 2 Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 United States Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099) 12 Department of Transportation (Parts 1200—1299) 13 Department of Commerce (Parts 1300—1399) 14 Department of the Interior (Parts 1400—1499) 15 Environmental Protection Agency (Parts 1500—1599) 16 Office of Personnel Management Federal Employees Health Ben- efits Acquisition Regulation (Parts 1600—1699) 17 Office of Personnel Management (Parts 1700—1799) 18 National Aeronautics and Space Administration (Parts 1800— 1899) 19 United States Information Agency (Parts 1900—1999) 20 Nuclear Regulatory Commission (Parts 2000—2099) 21 Office of Personnel Management, Federal Employees Group Life Insurance Federal Acquisition Regulation (Parts 2100—2199) 23 Social Security Administration (Parts 2300—2399) 24 Department of Housing and Urban Development (Parts 2400— 2499) 25 National Science Foundation (Parts 2500—2599) 28 Department of Justice (Parts 2800—2899) 29 Department of Labor (Parts 2900—2999)
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34 Department of Education Acquisition Regulation (Parts 3400— 3499) 35 Panama Canal Commission (Parts 3500—3599) 44 Federal Emergency Management Agency (Parts 4400—4499) 51 Department of the Army Acquisition Regulations (Parts 5100— 5199) 52 Department of the Navy Acquisition Regulations (Parts 5200— 5299) 53 Department of the Air Force Federal Acquisition Regulation Supplement (Parts 5300—5399) 54 Defense Logistics Agency, Department of Defense (Part 5452) 57 African Development Foundation (Parts 5700—5799) 61 General Services Administration Board of Contract Appeals (Parts 6100—6199) 63 Department of Transportation Board of Contract Appeals (Parts 6300—6399) 99 Cost Accounting Standards Board, Office of Federal Procure- ment Policy, Office of Management and Budget (Parts 9900— 9999)
Title 49—Transportation
SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION (PARTS 1—99) SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION I Research and Special Programs Administration, Department of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299) III Federal Highway Administration, Department of Transportation (Parts 300—399) IV Coast Guard, Department of Transportation (Parts 400—499) V National Highway Traffic Safety Administration, Department of Transportation (Parts 500—599) VI Federal Transit Administration, Department of Transportation (Parts 600—699) VII National Railroad Passenger Corporation (AMTRAK) (Parts 700—799) VIII National Transportation Safety Board (Parts 800—999) X Surface Transportation Board, Department of Transportation (Parts 1000—1399) XI Bureau of Transportation Statistics, Department of Transpor- tation (Parts 1400—1499)
Title 50—Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199)
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II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)
CFR Index and Finding Aids
Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR
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CFR Title, Subtitle or Agency Chapter Administrative Committee of the Federal Register 1, I Advanced Research Projects Agency 32, I Advisory Commission on Intergovernmental Relations 5, VII Advisory Committee on Federal Pay 5, IV Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development, United States 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Cooperative State Research, Education, and Extension 7, XXXIV Service Economic Research Service 7, XXXVII Energy, Office of 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Nutrition Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Procurement and Property Management, Office of 7, XXXII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Alcohol, Tobacco and Firearms, Bureau of 27, I AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII Animal and Plant Health Inspection Service 7, III; 9, I Appalachian Regional Commission 5, IX
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694
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695
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696
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697
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698
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699
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700
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1986 50 CFR—Continued 51 FR Page 50 CFR 51 FR Chapter VI—Continued Page 611.93 (b)(1)(iii), Chapter VI (c)(2)(ii)(E)(2)(iv), (F) and (G), 604.1 (b) table amended (OMB and Figure 1 added; interim numbers) ...... 10550, emergency eff. to 9–2–86...... 20655 16530, 28575, 37185, 46679 (c)(2)(ii)(G) corrected...... 23079 611 Specifications ...... 956, 3788, 25704 (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F) Inseason adjustments ...... 4603, and (G), and Figure 1 addition 5198, 7446, 9658, 9966, 16058, 27412, interim emergency effective- 33613 ness extended to 12–2–86 ...... 32334 Specifications corrected ...... 5713, 6914 (b)(3)(ii)(A) suspended; Specifications and inseason ad- (b)(3)(ii)(D) added; interim justments ...... 18333 emergency eff. to 1–20–87 ...... 37411 Temporary regulations ...... 23079, 37407 Technical correction ...... 40810 Inseason adjustments...... 41797 619 Revised ...... 11925 611.22 (a), (b)(1), and (c) re- 630.5 Amended ...... 16530 vised...... 207 Existing text designated as (a); (c), (d), and (e) redesignated as (b) and (c) added (effective (d), (e) and (f); (c) added ...... 32091 date pending)...... 20300 611.61 (b)(4) added...... 20300 Eff. 8–5–86 to 10–31–87 ...... 28575 611.70 (b), (i), and (j) revised; (k) 630.21 (c) added...... 20300 removed ...... 17032 611.92 (b)(2), (c)(2)(i) (A) and (D), 640 Fishery Management Plan (ii) (A), (B), and (C), (e)(3)(ii), notice ...... 5713 and (f)(2)(i) suspended; (b)(5), 641.22 Table 1 corrected...... 28094, 29471 (c)(2)(i) (F), (G), and (H), (ii) 641.23 (b)(2) revised; eff. to 5–8– (D), (E), and (F), and (i) added; 87...... 19209 interim emergency eff. to 8–20– 641.25 Revised ...... 19209 86...... 19206 642 Temporary regulation ...... 9012 Technical correction ...... 21772 Technical correction ...... 11041 (b)(2), (c)(2)(i) (A) and (D), 642.1 (b) revised...... 26011 (ii)(A), (B), and (C), (e)(3)(ii), 642.2 Amended...... 9660, 26011 and (f)(2)(i) suspensions, (b)(5), 642.4 (a), (b) introductory text (c)(2)(i) (F), (G), and (H), (ii) and (7), (d), (f), and (g) revised; (D), (E), and (F), and (i) addi- (b)(8) added...... 9661 tions interim emergency ef- (a)(1) and (2) and (b)(6) revised .....26011 fectiveness extended to 11–18– 642.6 (a) introductory text re- 86 ...... 30218 vised ...... 9661
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued 642.7 (a)(27) added; emergency eff. Effective date (51 FR 11927) cor- to 6–4–86 ...... 8326 rected ...... 23551 (a) (2), (19), (20), (21), (22), and 650.7 Effective date deferred...... 208, (25) revised; (a) (17) and (27) 11927, 16520 amended; (a) (28) through (31) Effective date (51 FR 11927) cor- added ...... 9661 rected ...... 23551 (a)(6) amended ...... 12857 650.20 Effective date deferred ...... 208, (a)(27) republished; interim 11927, 16520 emergency effectiveness ex- Corrected...... 11041 tended ...... 16531 Effective date (51 FR 11927) cor- (a)(18) revised; (a)(27) added; rected ...... 23551 (a)(28) removed; (a)(29) 650.21 Effective date deferred ...... 208, through (31) redesignated as 11927, 16520 (a)(28) through (30)...... 26011 (b)(1) corrected ...... 11041 642.21 (a) suspended in part; (f), Effective date (51 FR 11927) cor- (g), and (h) added; emergency rected ...... 23551 eff. to 6–4–86...... 8326 650.22 Effective date deferred ...... 208, Heading revised; (a) amended; 11927, 16520 (b), (c), (d), and (e) redesig- Effective date (51 FR 11927) cor- nated as (c), (d), (e), and (i); rected ...... 23551 new (b) added ...... 9661 650.23 Added; interim emer- (a) suspension corrected; (b) cor- gency ...... 24842 rectly suspended; emergency Effective date deferred ...... 34644 eff. to 6–4–86 ...... 10212 (a) amended; (c) removed; (f), 651 Revised; interim eff. to 9–30– (g), and (h) republished; in- 87...... 29645 terim emergency effective- 651.4 OMB number pending ...... 29642 ness extended ...... 16531 OMB number; interim effective- (a), (b), and (c) revised; (i) redes- ness confirmed to 9–30–87 ...... 37185 ignated as (f)...... 26011 651.21 OMB number pending ...... 29642 642.22 Existing text designated as OMB number; interim effec- (a) and amended; (b) added ...... 9662 tiveness confirmed to 9–30–87 (b) revised...... 26012 ...... 37185 642.24 (c) amended ...... 9662 651.22 Interim effectiveness con- (b) removed; (c) redesignated as firmed to 9–30–87 ...... 37185 (b)...... 12857 651.23 (a)(1) corrected...... 34644 (b) revised...... 19210 652 1986 quarterly quotas...... 757 642.28 Revised ...... 9662 Inseason adjustments ...... 8326 (c) revised ...... 26012 1986 annual and quarterly 642 Tables 1 and 2 and Figures 1 quotas...... 10392 through 3 designated as Appen- Temporary regulations ...... 23231, dix A and Table 2 amended ...... 9662 40173, 44297 Figure 3 revised ...... 11311 652.7 (a) (3) and (4) revised; (a)(5) Appendix A amended ...... 26012 and (n) added...... 17347 649.1 Amended ...... 19212 652.21 (b) and (c) revised ...... 17347 649.7 (a) introductory text and (6) 652.22 (a)(2) and (b)(2) revised...... 17347 and (b)(2) revised...... 19212 653 Added; interim emergency eff. 649.21 Revised ...... 19212 to 9–23–86 (effective date pend- (b)(2) Figure 1 correctly added .....22940 ing in part)...... 23553 649.22 Added ...... 19212 Temporary regulations...... 26554 650.1 Effective date deferred...... 208, Temporary regulations cor- 11927, 16520 rected ...... 27413 Effective date (51 FR 11927) cor- Addition interim emergency ef- rected ...... 23551 fectiveness extended to 12–22– 650.2 Effective date deferred...... 208, 86 ...... 34219 11927, 16520 Revised...... 46679
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued 653.2 Amended; interim emer- (a) and (b) revisions and (f) addi- gency eff. to 12–22–86...... 34220 tion effective date deferred...... 11451 653.3 (d) removed; interim emer- 655.23 Removed; new 655.23 redes- gency eff. to 12–22–86...... 34220 ignated from 655.24...... 10552 653.4 Text removed; interim Introductory text revision, emergency eff. to 12–22–86...... 34220 (a)(1) and (b)(1) removals, and 653.5 Text removed; interim (a)(2) and (b)(2) redesignations emergency eff. to 12–22–86...... 34220 as (a)(1) and (b)(1) effective 653.7 (a)(1), (2), (3), and (6); re- date deferred ...... 11451 moved; (a)(4) and (5) and (7) 655.24 Redesignated as 655.23 ...... 10552 through (14) redesignated as 658.1 (d) added; interim emer- (a)(3) through (12); new (a)(1) gency eff. to 7–9–86...... 17489 and (2) added; interim emer- (d) removed; eff. 7–2–86...... 24675 gency eff. to 12–22–86...... 34220 658.2 Amended; interim emer- 653.21 Text removed; interim gency eff. to 7–9–86...... 17489 emergency eff. to 12–22–86...... 34220 Amendment removed; eff. 7–2–86 ...... 24675 653.22 Revised; interim emer- 658.5 (c) added; interim emer- gency eff. to 12–22–86...... 34220 gency eff. to 7–9–86...... 17489 654 Fishery Management Plan Effective date confirmed; OMB notice ...... 5714 number ...... 19553 654.5 Removed ...... 30664 Correctly designated ...... 22525 654.6 Heading and (a) introduc- (c) removed; eff. 7–2–86 ...... 24675 tory text and (6) revised; (a) (1) 658.7 (n) added; interim emer- through (7) amended; (a) (8) gency eff. to 7–9–86...... 17489 through (24) added...... 30664 (n) removed; eff. 7–2–86...... 24675 654.20 (b) revised; (e) added ...... 30664 658.25 (a) suspended; (c) added; in- 654.22 Revised ...... 30664 terim emergency eff. to 7–9– 655 Specifications...... 959, 86...... 17489 10552, 11742, 17189, 28241, 29555, (a) suspension terminated; (c) 31774, 31775, 34644, 39377, 39755 removed; eff. 7–2–86 ...... 24675 Inseason adjustments ...... 9966 661 Final fishery management Purchase ratios ...... 42237 measures ...... 16520 655.2 Amendment efective date Temporary regulations ...... 18795, deferred...... 11451 21175, 24842, 26899, 28954, 29471, 655.4 (a), (b)(1), (c), and (d) revised; 29654, 29932, 30066, 30364, 30867, (b)(2)(xi) redesignated as 32091 (b)(2)(xii); new (b)(2)(xi) Season reopened ...... 19350, 19844, 26159 added...... 10550 Final fishery management 655.7 Introductory text and (a) measures corrected...... 19350 through (m) redesignated as (a) Revised fishery management introductory text and (a) (2) measures ...... 24352 through (14); new (a) introduc- Inseason adjustments...... 24353, tory text revised; (n) removed; 26388, 26389, 26900, 27859, 28717, (a) (1) and (15) and new (b) 29234, 30867 added...... 10550 661.21 (b) (1) through (7) sus- 655.20 Revised ...... 10550 pended; new (b) (8) through (12) 655.21 (a)(2), (b)(1)(iv) (A) and (B), added; emergency eff. to 8–13– (2), and (3) revised ...... 10551 86...... 18453 (a)(2), (b) introductory text, (1), Emergency effectiveness ex- (2) introductory text, (i) and tended to 11–11–86 ...... 28717 (ii) introductory texts, (A)(1), 661 Appendix amended; emer- (B)(1), (C)(3), and (c) revisions gency eff. to 8–13–86 ...... 18453 effective date deferred...... 11451 Appendix amendment emer- 655.22 (a) and (c) revised; (b) and gency effectiveness extended (d) amended ...... 10552 to 11–11–86...... 28717
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued 662 Final quotas...... 32334 Technical correction ...... 21772 663 Specifications ...... 1255 Addition interim emergency ef- Inseason adjustments ...... 8683, 12622 fectiveness extended to 11–18– Restrictions ....30365, 31776, 34645, 37912 86 ...... 30218 Temporary regulations ...... 37913, 43357 672.24 (c) added; interim emer- 663.27 (b)(3) suspended; (b)(4) gency eff. 6–6–86 ...... 8504 added; interim emergency eff. (b) (1) and (2) suspended; (b) (3), to 11–19–86...... 29935 (4), and (5) added; interim (b)(3) suspension and (b)(4) addi- emergency eff. to 9–2–86 ...... 20662 tion interim emergency effec- Interim emergency effective- tiveness extended ...... 41969 ness extended ...... 20832 671 Inseason adjustments ...... 757, 28242 (b)(4) corrected ...... 22287 Temporary regulations ...... 3468, (b) (1) and (2) suspension and (b) 3602, 4170, 4603, 4753, 4754, 6543, (3), (4), and (5) additions in- 10633, 11041, 15346, 19845 terim emergency effective- Suspended; interim emer- ness extended to 11–30–86 ...... 30663 gency eff. to 1–29–87 ...... 40029 674 Temporary regulations ...... 25528, 671.21 (a) Table 1 suspended in 26159, 27860, 29107, 30365, 32214, part; interim emergency eff. to 32478 4–14–86...... 2894 674.21 (a)(2) revised ...... 28244 Suspension effectiveness cor- 675 Specifications...... 956 rected...... 4369 Inseason adjustments ...... 16058, (a) Table 1 suspended in part; in- 25529, 27412, 33613, 41797 terim emergency eff. to 6–16– Specifications and inseason ad- 86; (a) Table 1 amended; (b) justments ...... 18333 suspended; (d) added; interim Temporary regulations ...... 23079 emergency eff. to 7–14–86...... 12859 675.2 Amended; interim emer- 672 Specifications...... 956 gency eff. to 1–20–87 ...... 37412 Inseason adjustments ...... 4603, Technical correction ...... 40810 5198, 7446, 9658, 16058, 41797 675.7 (g) redesignated as (h); new Temporary regulations ...... 15347, (g) added; interim emergency 16059, 17632, 19351, 21176, 24353, eff. to 9–2–86 ...... 20657 33614, 36404 (g) redesignation as (h) and new Temporary regulations cor- (g) addition interim emer- rected ...... 28385 gency effectiveness extended 672.2 Amended; interim emer- to 12–2–86 ...... 32334 gency eff. to 6–6–86 ...... 8503 675.20 (a) Table 1 revised; in- Interim emergency effective- terim...... 959 ness extended ...... 20832 (c)(1) suspended; (e) added; in- 672.20 (a) Table 1 revised; in- terim emergency eff. to 9–2–86 terim...... 958 ...... 20657 (a) Table 1 amended; (a)(4) Effectiveness corrected ...... 22525, 23079 added; interim emergency eff. (c)(1) suspension and (e) addi- to 8–20–86 ...... 19207 tion interim emergency effec- (b) suspended; (f) added; interim tiveness extended to 12–2–86...... 32334 emergency eff. to 9–2–86 ...... 20662 (a)(7) revised; (a)(8) through (10) Technical correction ...... 21772 added; interim emergency eff. (a) Table 1 amendment and to 1–20–87 ...... 37412 (a)(4) addition interim emer- Technical correction ...... 40810 gency effectiveness extended 675.21 Added; interim emergency to 11–18–86...... 30218 eff. to 9–2–86 ...... 20657 (b) suspension and (f) addition Addition interim emergency ef- interim emergency effective- fectiveness extended to 12–2–86 ness extended to 11–30–86 ...... 30663 ...... 32334 672.21 Added; interim emergency 675.22 Added; interim emergency eff. to 8–20–86...... 19208 eff. to 9–2–86 ...... 20659
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50 CFR—Continued 51 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued Addition interim emergency ef- Temporary regulations cor- fectiveness extended to 12–2–86 rected ...... 46484 ...... 32334 611.22 (a), (b)(1), (c) and (d) re- 681.2 Amended...... 8508 vised...... 422 681.7 (b)(2) and (3) amended ...... 8508 Technical correction...... 1917 (b)(1) suspended; (b)(7) added; in- 611.60 (a)(3) effectiveness ex- terim emergency eff. to 12–26– tended ...... 36578 86 ...... 34993 611.61 (b)(3) effectiveness ex- (b)(1) suspended; (b)(7) added; in- tended; (b)(4) removed eff. 1–1– terim emergency eff. to 3–26– 88...... 36578 87 ...... 46863 611.81 Revised ...... 5984 681.21 Revised ...... 8508 611.92 (c)(1) (i) and (ii), (2)(ii)(A) 681.23 (a) and (b) suspended; (c) and (g) suspended; (c)(1) intro- and (d) added; interim emer- ductory text revised; (c)(1) (iii) gency eff. to 12–26–86 ...... 34993 and (iv), (2)(ii)(D) and (i) added; (a) and (b) suspended; (c) and (d) interim emergency eff. to 3–31– added; interim emergency eff. 87...... 426 to 3–26–87 ...... 46863 (c)(1)(i) and (ii), (2)(i)(C) and 683 Added ...... 27414 (ii)(A), and (g) revised ...... 7872 683.7 (d)(2) corrected ...... 30367 Interim emergency effective- 683.9 (d)(1) introductory text and ness extended ...... 10761 (3)(i) corrected...... 30367 611.93 (b)(3)(ii)(A) suspension and (e) through (i) correctly des- (b)(3)(ii)(D) addition interim ignated ...... 32215 emergency effectiveness ex- 683.21 (b)(2)(vii) corrected ...... 30367 tended...... 2235 (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F), 1987 and (G) and Figure 1 added ...... 8598 50 CFR 52 FR (b)(1)(ii)(E) removed and Table 1 Page amended; (b)(1)(ii) introduc- Chapter VI tory text and (A) and (iii) re- 603 Suspended; interim eff. to 12– vised ...... 45969 31–87 ...... 26686 Effective date corrected ...... 48362 604 Removed...... 36780 621.3 Removed; new 621.3 redesig- 604.1 (b) table amended (OMB nated from 621.4 ...... 10340 numbers) ...... 21544, 23838, 27816 621.4 Redesignated as 621.3 ...... 10340 (b) table amended (OMB num- 630 Effectiveness extended in bers); eff. 10–23–87...... 35719 part ...... 36578 (b) table entries transferred to 630.5 (b) and (c) effectiveness ex- 204.1(b) table (OMB numbers) tended to 10–31–88...... 42295 ...... 36780 630.7 (a) (5), (7), and (8) removed 605 Added; interim eff. to 12–31– eff. 1–1–88 ...... 36578 87...... 26686 630.21 Removed eff. 1–1–88...... 36578 611 Specifications...... 785, 630.23 Removed eff. 1–1–88...... 36578 3248, 37464, 41560 638.2 Amended ...... 36781 Specifications corrected ...... 3916 638.4 (a)(2) and (h) amended ...... 36781 Preliminary reassessment...... 29528 638.5 Introductory text amend- Temporary regulations and ed ...... 36781 inseason adjustments ...... 31032 638.6 (b)(2) amended ...... 36781 Harvest quotas ...... 31631 638.22 (a)(2) and (c) amended ...... 36781 Annual harvest and processing 640 Technical correction...... 23450 reassessment ...... 33593 640.1 Amended ...... 22659 Inseason adjustments...... 37463, 38428, 640.2 Amended ...... 22659 41303 640.3 (a) amended; (c) revised...... 22659 Inseason adjustment corrected 640.4 Amended ...... 22659 ...... 39329 640.6 (g) and (h) amended; (i) re- Temporary regulations ...... 43199, 44597 vised...... 22659
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued 640.7 Introductory text, (a) 642.6 (a) introductory text re- through (r) and (s) redesig- vised...... 23839 nated as (a) introductory text, 642.7 (a)(20) suspended; (a)(31) and (1) through (18) and (b); new (a) (32) added; interim emergency introductory text, (4), (6), (7), eff. to 3–31–87...... 289 (10) and (11) and new (b) revised; (a)(20) interim emergency sus- new (a) (5), (15) and (18) amend- pension effectiveness ex- ed; (a) (19, (20) and (21) tended; (a) (31), (32), and (33) added...... 22659 added; interim emergency eff. 640.20 (d) amended...... 22659 to 6–29–87 ...... 10762 640.21 (a) and (c) revised ...... 22659 (a) (5), (6), (17) through (22), and 640.22 (b) revised ...... 22659 (27) through (30) revised; 640.23 (b)(1) amended...... 22659 (a)(31) added...... 23839 641 Nomenclature change...... 5118 (a) (3), (4), and (12) amended ...... 23841 641.2 Amended...... 5118, 36781 (a)(9) amended ...... 36579 Amended; eff. 10–23–87...... 35719 642.20 Revised ...... 23840 Corrected ...... 37799, 39537 642.21 (d) and (e) suspended; (g) 641.5 Heading revised; text added; and (h) added; interim emer- eff. in part 10–23–87 ...... 35719 gency eff. to 3–31–87 ...... 289 (h) introductory text corrected (d) and (e) interim emergency ...... 37799 suspension effectiveness ex- 641.7 Introductory text des- tended ...... 10762 ignated as (a) and revised; (a) (g) and (h) removed; interim through (q) and (r) redesig- emergency eff. to 6–29–87...... 10763 nated as (a) (1) through (17) and (a)(3) amended; (a)(1)(iii) and (e) (b); new (a)(14) amended; (a)(18) removed; (a)(1) introductory added; eff. in part 10–23–87...... 35720 text, (i), and (ii), (2), (c) and 641.8 (d)(1) footnotes 1 and 2 (d) revised; (f) redesignated as amended...... 36781 (e) and revised ...... 23840 641.22 Introductory text amend- Revised...... 25013 ed; Figure 2 redesignated as (a)(1) (i) and (ii) corrected...... 33594 Figure 3 ...... 35720 (a)(1) (i) and (ii) amended...... 36579 641.24 (b)(4) revised...... 5118 642.22 Revised ...... 23840 (b)(4)(iv) amended; Figure 3 re- 642.23 (a) and (b) amended...... 23841 designated as Figure 4 ...... 35720 (a)(2) revised...... 36579 642 Temporary regulations ...... 2113, 642.24 Revised ...... 23840 4019, 4627, 35720, 42296, 47724, 642.26 (a)(1) introductory text and 49162, 49415 (iii) and (2) amended...... 23841 642.2 Amended; interim emer- (a)(1) introductory text and (ii), gency eff. to 3–31–87 ...... 289 (b) (1) and (2), (c)(3)(i) (B) and Interim emergency effective- (E) and (4) and Table 1 amend- ness extended ...... 10762 ed...... 36579 Amended...... 23838, 36579, 46091 642.27 (b), (c), (f)(1)(ii), (2), and (3) 642.3 (c) amended ...... 23841 revised ...... 23840 (b) revised...... 36579 642.28 (g) through (j) added; in- 642.4 (c) removed; (d) through (k) terim emergency eff. to 3–31– redesignated as (c) through (j); 87...... 290 (a), (b), new (c), (e), (f), and (g) (i) and (j) interim emergency revised; new (k) added ...... 23838 addition effectiveness ex- (a) (1), (2) and (3) amended; (d) tended ...... 10762 revised...... 46091 (g) and (h) revised; interim 642.5 (a) introductory text and (1) emergency eff. to 6–29–87...... 10763 revised ...... 23839 Revised...... 23841 (a) introductory text, (b) intro- (a) revised...... 25014 ductory text, and (c) introduc- 642.29 Revised ...... 23841 tory text amended ...... 23841 642 Appendix A amended ...... 23841
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued 646.1 Amended...... 9866 1987 final quotas ...... 5461 646.2 Amended ...... 9865, 9866 Inseason adjustments...... 19352, 646.3 (c) amended...... 9866 32306, 49019 646.5 (a), (e), and (f) amended...... 9866 652.1 Existing text designated as 646.6 (a) (17) and (18) amended; (a) (a) and amended; (b) added...... 27816 (19), (20), and (21) added ...... 9865 652.2 Amended ...... 27816, 27817 (a) (4), (5), (6), (7), (9), (16), and 652.4 (c) introductory text and (h) (18) amended ...... 9866 introductory text revised; 646.21 (a), (b), and (c) amended...... 9866 (h)(2) redesignated as (h)(3); 646.22 (b) (4) and (5) amended ...... 9866 new (h)(2) added ...... 27816 646.24 Added ...... 9866 (a)(1) (i) and (ii) amended...... 27817 649.2 Amended ...... 46091 652.7 (a) introductory text and 649.4 (a) (1), (2) and (3) amended; (f)(1) revised; (m) and (n) redes- (d) revised...... 46091 ignated as (n) and (o); new (m) 649.7 (a) introductory text and added...... 27816 (b)(2) amended; (a)(5) revised; 652.10 Amended...... 27817 (c) added ...... 46091 652.21 (a)(3), (b)(3), and (c) (2) and 649.20 (a) amended; (b) and (c) re- (3) revised ...... 27817 vised; (f) removed...... 46091 652.22 (a)(4) and (f)(1) revised; 649.21 (a)(1) revised; (a) introduc- (f)(2) amended...... 27817 tory text, (b) introductory text 653.1 Revised; eff. 10–16–87 ...... 34921 and (4) (i), (ii), (iii), and (iv), 653.2 Corrected...... 1917 and (c)(1) amended; (c) intro- Amended; eff. 10–16–87...... 34921 ductory text, (1), (2) and (3) and 653.3 (b) revised; (d) added; eff. 10– (d) redesignated as (c)(1) intro- 16–87 ...... 34922 ductory text, (i), (ii), and (iii) 653.4 (a) revised; eff. 10–16–87...... 34922 and (d)(1); new (c)(1) introduc- 653.5 (b)(1) introductory text cor- tory text amended; new (c)(2) rected ...... 1917 and (d)(2) added...... 46091 (b) introductory text revised; 649.22 (b)(1) amended...... 46091 eff. 10–16–87 ...... 34922 650 Temporary regulations ...... 44130 653.7 (a) (1), (7), and (8) revised; (a) 650.1 Amended...... 1463 (15) and (16) amended; (a) (17) 650.2 Amended...... 1463 through (22) added; eff. 10–16– 650.4 (d) revised...... 46485 87...... 34922 650.7 (a) revised ...... 1463 650.20 Revised ...... 1463 653.21 Revised; eff. 10–16–87...... 34922 650.21 Revised ...... 1463 653.22 Revised; eff. 10–16–87...... 34922 650.22 Revised ...... 1464 653.23 (a) and (b) corrected ...... 1917 (b)(1) correctly designated...... 39537 Revised; eff. 10–16–87 ...... 34922 650.23 Added ...... 1464 (a) corrected ...... 36863 651 Temporary regulations ...... 17298, 653.24 Revised; eff. 10–16–87...... 34922 22327 654.2 Amended ...... 36781, 36941 Revised (effective date pending 654.3 (b) amended ...... 36781 in part) ...... 35094 654.4 (b)(2) amended ...... 36781 651.3 (c) corrected ...... 37159 654.6 (b) amended ...... 36782 651.4 (a)(1) corrected ...... 39537 654.20 (c) amended...... 36782 651.6 (e) corrected ...... 39537 654.22 (a)(2) and (b) amended...... 36782 651.21 (a)(2) table corrected...... 3250 654.23 (a) amended...... 36782 (a)(3) introductory text and (4) 655 Specifications...... 537, corrected; (b)(2)(ii) correctly 30166, 45197 designated ...... 39537 658.1 (c) amended; (d) added...... 19148 651.23 (a)(1) table corrected ...... 37159 658.2 Amended ...... 19148, 19149 651.25 (a) and (b) corrected...... 37159 658.5 (c) added; eff. from OMB ap- 652 Temporary regulations ...... 4019, proval to 8–14–87...... 19148 4020, 10763, 16274, 25014, 39921, Eff. 5–20–87 to 8–14–87 ...... 21544 47008 658.6 (a) and (b) amended ...... 19148
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued 658.7 Introductory text and (a) 663.21 (a)(2) removed; (a)(3) redes- through (l) redesignated as (a) ignated as (a)(2)...... 4911 introductory text and (1) 663.23 (a) and (b) amended ...... 4911 through (12); new (a) introduc- 663.25 Added ...... 4911 tory text revised; (m) removed; 663.26 (c) revised; (g) redesignated new (b) added; new (a) (1), (3), as (h); new (g) added ...... 4911 (4), (6), and (8) amended ....19148, 19149 663.27 (b)(3) amended ...... 4911 658.9 Amended ...... 19149 658.21 (b) amended...... 19148 671 Suspension interim emer- 658.22 Amended...... 19148 gency effectiveness extended 658.23 Introductory text des- to 4–29–87...... 1632 ignated as (a); (a) and (b)(1)(i) Removed...... 17579 introductory text, (A), and (B), 672 Specifications...... 785, 41560 (ii), and (iii) amended...... 19148, 19149 Specifications corrected ...... 3916 658.24 (a) and (b) amended...... 19148 Temporary regulations ...... 9495, 658.25 (a) amended and suspended; 11991, 12183, 12916, 17404, 20720, (c) added; eff. to 8–14–87...... 19148 22327, 23552, 27202, 32137, 35424, 658.26 Amended...... 19148 35721, 36039, 43199, 43917, 45342, 661 Fishery management meas- 48691 ures ...... 17264 Inseason adjustments ...... 37463, Temporary regulations ...... 18702, 38428, 41303, 42114 19149, 24297, 27817, 28562, 28721, Inseason adjustment corrected 29700, 32015, 32800, 35263 ...... 39329 Fishery management measures 672.2 Amended; interim emer- correction and clarification .....19353 gency eff. to 3–31–87 ...... 427 Inseason adjustments ...... 24296, Amended ...... 7872 25605, 26013, 27004, 27560, 28268, 29019, 29529, 31033, 32135, 33244 Amended; interim emergency Inseason adjustment corrected eff. to 6–16–87 ...... 9172 ...... 29020 Interim emergency effective- Inseason adjustments and tem- ness extended ...... 10761 porary regulations...... 29860 672.5 (a)(3) suspended; (a)(4) 661.1 Revised ...... 49020 added; interim emergency eff. 661.2 (e) added; eff. 10–14–87 ...... 34808 to 3–31–87 ...... 427 (a) revised...... 49020 (a) heading, (3) introductory 661.3 Amended; eff. 10–14–87 ...... 34808 text, (i), and (iv) revised...... 7873 Amended ...... 49020 (a)(5) added; interim emergency 661.5 (b)(10) revised; (b) (17) eff. to 6–16–87 ...... 9172 through (20) added; eff. 10–14– Interim emergency effective- 87...... 34808 ness extended ...... 10761 661.20 (a) introductory text re- (a) (1) and (2) revised...... 49022 vised ...... 4148 672.7 (i) added; interim emer- 661.21 (b) revised...... 4148 gency eff. to 3–31–87 ...... 427 (a) amended ...... 49021 (h) redesignated as (i); new (h) 661 Appendix amended ...... 4148–4149 added ...... 7873 Appendix II amended ...... 49021 Interim emergency effective- 662 Harvest quotas...... 31631 ness extended ...... 10761 663 Specifications...... 682 Restrictions ...... 790, 672.20 Heading revised; (a), (b), 11473, 15726, 27818, 37466, 38429 (c), (d)(4) and (e) suspended; Temporary regulations ...... 41304, (d)(5), (f) through (j) added; in- 42445, 45455 terim emergency eff. to 3–31– Inseason adjustments...... 31034 87...... 427 Annual harvest and processing (b) revised ...... 2414 reassessment ...... 33593 Technical correction...... 3916
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued (c), (d), and (e) redesignated as 675.7 Introductory text revised; (d), (e), and (f); heading, (a), (g) redesignated as (j); new (g), (b), new (e)(4), and (f)(1) re- (h), and (i) added; eff. in part to vised; new (d)(4) redesignated 12–31–88 ...... 8600 as (d)(5) and revised; new (c) 675.20 (a)(7) revision and (a)(8) and (d)(4) added; new (d) and through (11) addition interim (f) republished...... 7873 emergency effectiveness ex- Interim emergency effective- tended...... 2235 ness extended ...... 10761 (b)(1)(ii) redesignated as 672.22 Heading, (a), and (b) re- (b)(1)(iii); new (b)(1)(ii), (e), (f), vised ...... 7875 and (g) added; (c)(1) revised ...... 8600 672.24 (c) added; interim emer- (a)(7) revised; (a) (8) through (10) gency eff. to 3–31–87 ...... 430 added ...... 11993 (b) (1) and (2) revised; (b)(3) (e)(3) introductory text cor- added ...... 2414 rected ...... 13375 Technical correction...... 3916 (b) heading and (c)(1) revised; (b) revised; (c) added; eff. in part (b)(3) added; eff. in part to 12– to 12–31–89 ...... 7876 31–89...... 45969 (c) addition interim emergency Effective date corrected ...... 48362 effectiveness extended...... 10761 675.21 Revised; eff. to 12–31–88...... 8601 (b)(2) corrected; (b)(3) heading 675.22 Revised; eff. to 12–31–88...... 8604 correctly added...... 12183 681 Heading revised...... 47574 674 Temporary regulations ...... 26014, 681.1 (b) amended...... 9497 26482, 29020 Revised...... 47574 Technical correction ...... 30766 681.2 Amended...... 9497, 47575 674.21 (a)(2) revised ...... 23452 681.4 (a) (1) and (k) amended; (b)(2) 675 Specifications...... 785, 37464 (ix) through (xiv) revised; (b)(2) Specifications corrected ...... 3916 (xv) through (xxi) added ...... 47575 Temporary regulations ...... 15949, 681.5 (d)(1) amended...... 9497 25232, 28722, 34656, 44597 (a) introductory text, (1), (2), Inseason adjustments ...... 18367, and (4), (b) introductory text, 21958, 24297, 29021 and (c) introductory text Inseason adjustments corrected amended; (b)(1) (iv), (v), and ...... 19962, 33245 (d) removed; (b)(1) introduc- Temporary regulations and tory text added and (b)(1) (i), inseason adjustments...... 31032, 36270 (ii), and (iii), and (2) revised...... 47575 Temporary regulations cor- 681.7 (b)(1) revised; (a)(12) amend- rected ...... 46484 ed...... 9497 675.2 Amended; interim emer- (a) (1), (7), and (12), (b)(1)(i), (2), gency eff. to 3–31–87 ...... 430 (3), and (4), and (c)(1) introduc- Amendment interim emergency tory text, (2), (3) and (4) effectiveness extended ...... 2235 amended ...... 47575 Amended; eff. in part to 12–31–88 681.10 (b) amended...... 47575 ...... 8600 681.20 Amended ...... 9497 Amendment interim emergency Nomenclature changes ...... 47575 effectiveness extended...... 10761 681.21 Revised ...... 47575 Amended ...... 11993 681.22 Nomenclature change ...... 47575 675.5 (a)(3) suspended; (a)(4) 681.23 Revised ...... 9497 added; interim emergency eff. (b) amended ...... 47575 to 3–31–87 ...... 430 681.24 (a) and (b) amended; (c) and (a)(3) introductory text, (i) and (d) added ...... 47575 (iv) revised ...... 8600 681.25 Nomenclature changes...... 47575 Interim emergency effective- 681.26 (a) amended...... 47575 ness extended ...... 10761 681.27 (a), (b), and (d) introduc- (a) (1) and (2) revised...... 49022 tory text amended ...... 47575
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50 CFR—Continued 52 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 681.28 (a) introductory text (f)(2) amended...... 24653 amended...... 47575 611.50 (a) Figure 1 map revised ...... 24652 681.30 Nomenclature changes...... 47575 (a) amended ...... 24653 681.32 Nomenclature change ...... 47575 (b)(4)(ii) amended ...... 39477 681.34 Nomenclature change ...... 47575 Technical correction ...... 43319 681.35 Nomenclature change ...... 47575 611.60 (a) (1) and (2), (c)(2), and (d) 683.24 (a) introductory text re- amended...... 24653 vised; (d) (1) and (2) redesig- 611.61 (a) amended...... 24653 nated as (d) (2) and (3); new 611.62 (a) amended...... 24653 (d)(1) added ...... 38103 611.70 (a) and (j)(4)(iv) amend- 685 Added ...... 5987 ed ...... 24653 685.2 Corrected ...... 32015 611.80 (a) amended...... 24653 685.6 (d) (1), (2), (3) and (4) cor- 611.82 (a), (b)(1) introductory rected...... 12641 text, (f), and (h)(2) amended...... 24653 611.90 (a), (d), and (f) (1) and (2) 1988 amended...... 24653 611.92 (b), (c)(1) heading and (i) re- 50 CFR 53 FR Page vised ...... 7759 (c)(2)(ii)(A) amended ...... 7762 Chapter VI (a) amended ...... 24653 601.37 (Subpart D) Added...... 39304 619.3 Amended ...... 24653 602.2 (b) amended ...... 24645 619.4 (a)(1) and (b) amended ...... 24653 602.12 (c)(1) amended...... 24645 620 Added ...... 24653 602.13 (d)(2) amended...... 24645 620.8 (d) (1), (2), and (3) cor- 602.10—602.17 (Subpart B) Appen- rected...... 27798 dix A amended ...... 24645 621.1 (a), (b), and (c) amended...... 24655 611 Specifications...... 741, 890, 894, 31009 621.2 (a) introductory text and (4), Specifications corrected ...... 2147 (b), and (c) amended ...... 24655 Eligibility criteria ...... 29337 621.3 Revised ...... 24655 Temporary regulations ...... 31872, 32051 625 Added ...... 39477 Harvest quotas ...... 32394 Technical correction ...... 43319 Inseason adjustments...... 52714 630.1 (b) amended ...... 24660 611.1 (a) revised...... 13412 630.2 Amended ...... 24655, 27694 611.2 Amended ...... 13412, 24646 630.3 Revised ...... 24655 611.3 (a)(1) revised...... 13412 630.4 (a) amended ...... 24660 (e)(2) amended ...... 24653 630.5 Heading revised ...... 24656 611.4 (a), (c) (1), (2), (3), (7), (8) and 630.6 (a) introductory text (9), and (f)(1) amended ...... 24653 amended...... 24660 611.7 (a) (8), (9), and (23) and (b)(2) (a) revised...... 27694 amended...... 24653 630.7 (a) introductory text, (5), (7) 611.8 (a) and (b) introductory text through (11), and (13) through and (1) amended ...... 24653 (17) and (b) removed; (a)(1) 611.9 (a)(2), (c) introductory text, through (4), (6), and (12) redes- (d)(1), and (h) amended ...... 24653 ignated as (a) through (f) and 611.10 (e) amended...... 24653 amended; introductory text 611.12 (c) (1), (2), and (3) amend- added...... 24656 ed ...... 24653 (f) redesignated as (h); new (f) 611.15 (a) and (b) amended...... 24653 and (g) added ...... 27694 611.1—611.16 (Subpart A) Appen- 630.8 Revised ...... 24656 dix C amended...... 24647 630.9 Revised ...... 24656 Appendixes B, C, F, I, J, and K 630.21 (a) (3), (4), and (5) amend- amended ...... 24653 ed ...... 24660 611.20 (c) amended...... 24651 Amendments at 53 FR 24660 re- 611.22 (a), (b)(1), (c) and (d) re- moved...... 27693 vised...... 138 638.1 (b) amended ...... 24660 Technical correction...... 3401 638.2 Amended ...... 24655,
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 24660, 38294 Technical correction ...... 27693 638.3 (a) revised; (c) removed ...... 24655 642.3 (a) revised; (b) removed; (c) (b) amended ...... 24660 redesignated as (b) ...... 24655 638.4 (h) removed ...... 24656 642.5 Heading revised ...... 24656 638.5 Introductory text revised; (a) introductory text and (3), (b) (d) and (f) through (l) removed; introductory text, (c) intro- (e) redesignated as (d); (a) ductory text, and (e) amended through (d) amended...... 24656 ...... 38294 Technical correction ...... 27798 642.7 (a) introductory text, (1), (7) 638.6 Revised ...... 24656 through (12), and (24) and (b) re- 638.7 Revised ...... 24656 moved; (a)(2) through (6), (13) Redesignated as 638.8; new 638.7 through (22), (25) through (31) added ...... 24656 and (23) redesignated as (a) Amended ...... 38294 through (w); new (a) through 638.8 Redesignated from 638.7 ...... 24656 (u) and (w) amended; introduc- 640.2 Amended ...... 17196, 24655, 38294 tory text added ...... 24656 Corrected...... 39581 642.8 Revised ...... 24656 640.3 (b) and (c) removed; (a) re- 642.9 Revised ...... 24656 designated as (b); new (a) 642.21 (a)(1) introductory text, (i) added...... 24655 and (ii) and (2), (b) (1) and (2), (c) 640.7 (a) (20) and (21) amended; (a) (1) and (2), and (d) (1) and (2) (22), (23), and (24) added...... 17196 amended...... 25613 Heading revised; (a) introduc- (a)(2) amended; interim emer- tory text, (2), (13) through (18), gency eff. to 2–1–89 ...... 45098 and (21) and (b) removed; 642.28 (a) (2) and (3) revised; (a)(1), (3) through (12), (19), (a)(4)(iii) removed; (a)(5) (22), (23), (24), and (20) redesig- added...... 25614 nated as (a) through (p); new 644 Added; eff. in part 10–28–88 and (a) through (n) and (p) amend- 12–27–88...... 37769 ed; introductory text added ...... 24656 644.7 (e) amended; eff. to 12–26– 640.8 Revised ...... 24656 88...... 45099 640.9 Revised ...... 24656 644.24 (c) added; eff. to 12–26–88...... 45099 640.20 Revised ...... 17196 645.1 (b) amended ...... 24660 640.21 (c) revised ...... 17196 645.2 Amended ...... 24655, 24660 640.22 (b) revised ...... 17197 645.3 Revised ...... 24655 641.2 Amended ...... 24655, 38294 645.5 Heading revised ...... 24656 641.3 Revised ...... 24655 645.6 (c) (2) and (3) amended ...... 24660 641.5 Heading revised ...... 24656 645.7 Introductory text revised; (a), (b) introductory text, (c) in- (b) and (i) through (o) removed; troductory text, (d) introduc- (c) through (h) redesignated as tory text, (g) introductory (b) through (g); (a) through (g) text and (5), (h) introductory amended...... 24656 text and (i) amended...... 38294 645.8 Revised ...... 24656 641.7 (a) introductory text and 645.9 Revised ...... 24656 (11) through (17) and (b) re- 645.22 (a) introductory text moved; (a)(1) through (10) and amended...... 24660 (18) redesignated as (a) through 646.2 Amended ...... 24655, 38294 (k); new (a) through (j) amend- 646.3 (a) revised; (b) removed; (c) ed; introductory text added...... 24656 redesignated as (b) ...... 24655 641.8 Revised ...... 24656 646.6 (a) introductory text and 641.9 Revised ...... 24656 (10) through (16) and (b) re- 641.23 (b)(3) redesignated as (b)(2) moved; (a) (1) through (9) and and revised ...... 30847 (17) through (21) redesignated 642 Temporary regulations ...... 3401, as (a) through (n); new (a) 39097, 40231, 47718, 49325, 51280 through (m) amended; intro- 642.2 Amended ...... 24655, 38294 ductory text added...... 24656
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 646.7 Revised ...... 24656 652.7 (d), (f), and (o) removed; (e), 646.8 Revised ...... 24656 (g), (h) introductory text, and 649.2 Amended ...... 24655 (i) through (n) redesignated as 649.3 Existing text amended and (d) through (l); (a) introduc- designated as (b); (a) added...... 24655 tory text, (b), (c), new (d), (e), Revised...... 24655 (f) introductory text, (g), (h), 649.5 Heading revised ...... 24656 (i), (k), and (l) amended; intro- 649.7 (a) introductory text and (b) ductory text and new (m) introductory text revised; added...... 24657 (b)(1), (6) through (9), (11), (12), 652.8 Revised ...... 24656 and (13) removed; (b)(2), (3), (5), 652.9 Revised ...... 24656 and (10) redesignated as (b)(1), 652.23 (b)(2)(i) revised ...... 4630 (2), (3), and (5); (a)(1) through (7) 653.2 Amended ...... 24655, and new (b)(1) through (5) 24664, 38294 amended...... 24656 653.3 (a) revised; (b) removed; (c) 649.8 Revised ...... 24656 and (d) redesignated as (b) and 649.9 Revised ...... 24656 (c)...... 24655 649.22 (a)(2) amended...... 24657 (c) revised ...... 24664 650.2 Amended ...... 23636, 24655 650.3 Revised ...... 24655 653.4 Text removed ...... 24664 650.5 Heading revised ...... 24656 653.5 Heading revised ...... 24656 650.7 (m) amended...... 23636 (a), (b), (c) (4) and (5), (d), (f), and Introductory text revised; (e), (g) removed; (c) and (e) redes- (g) through (j), (l), (m), and (n) ignated as (a) and (b); new removed; (d), (f), and (k) redes- (a)(2) amended; new (a)(3) re- ignated as (e), (d), and (f); new vised ...... 24664 (a) through (f) amended ...... 24657 (a) introductory text amended 650.8 Revised ...... 24656 ...... 38294 650.9 Revised ...... 24656 653.7 (a) (8), (17) through (19), (21) 650.20 (a) amended; (c) added ...... 23636 and (22) suspended; (c) added; 650.24 Added ...... 23636 interim emergency eff. to 3–30– 651.2 Amended ...... 24655 88...... 246 651.3 Heading revised; (b) re- (a) (8), (17) through (19), (21) and moved; (a) redesignated as (b); (22) suspension and (c) addi- new (a) added ...... 24655 tion interim emergency effec- 651.5 Heading revised ...... 24656 tiveness extended to 6–28–88 ...... 7368 651.7 (a) introductory text re- (c) redesignated as (o); eff. to 6– vised; (b)(6), (7), (11) through 28–88...... 24657 (14), (16), and (17) and (c) re- (a) introductory text, (6), (9) moved; (b)(8), (9), (18), (10), and through (14) and (16) and (b) (15) redesignated as removed; (a)(20), (1) through (b)(6)through (10); (a)(1) and (5), (7), (8), (17), (18), (19), (21), (b)(1) through (6), (9), and (10) (22), and (15) redesignated as amended...... 24657 (a) through (n); new (a) 651.8 Revised ...... 24656 through (l) and (n) amended; 651.9 Revised ...... 24656 introductory text added ...... 24657 651.20 (b)(1) suspended; (a)(3), (b), (c), (d), and (h) through (m) (b)(4), and Figure 5 added; in- removed; (e), (f), (g), and (n) terim emergency eff. to 3–31– redesignated as (b) through 88 ...... 5774 (e); (a), new (b), and (c) amend- 652 Harvest quotas ...... 8632 ed; new (d) revised ...... 24664 Temporary regulations ...... 20854, 653.8 Revised ...... 24656 36462, 50970 653.9 Revised ...... 24656 652.2 Amended ...... 24655 653.20 Revised ...... 24664 652.3 Revised ...... 24655 653.21 Suspended; interim emer- 652.5 Heading revised ...... 24656 gency eff. to 3–30–88 ...... 246
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued Suspension interim emergency 655.7 Heading revised; (a) intro- effectiveness extended to 6–28– ductory text, (2), (3), (4), (6), (7), 88...... 7368 (9), and (13) removed; (a)(1), Revised...... 24664 (10), (11), (12), (14), and (15) and 653.22 (b), (d) and (e) suspended; (f) (b) and (a)(5) and (8) redesig- added; interim emergency eff. nated as (a) through (i); (a) to 3–30–88 ...... 246 through (e), (g), and (i) amend- (b), (d) and (e) suspension and (f) ed; introductory text added...... 24657 addition interim emergency Technical correction ...... 27798 effectiveness extended to 6–28– 655.8 Revised ...... 24656 88...... 7368 655.9 Revised ...... 24656 655.23 (a) amended...... 24660 (a) revised; (b), (d), and (e) re- 657 Added ...... 4983 moved; (c) redesignated as (b) 657.2 Amended ...... 24655 ...... 24664 657.3 Heading and (a) revised ...... 24655 653.23 Suspended; interim emer- 657.4 (a) introductory text, (3), (4), gency eff. to 3–30–88 ...... 246 (6) through (9), and (11) and (b) Suspension interim emergency removed; (a)(1), (2), (5), and (10) effectiveness extended to 6–28– redesignated as (a) through (d) 88...... 7368 and amended; introductory Text removed ...... 24664 text added...... 24658 653.24 (a)(4) and (b) (2), (3), and (4) 657.5 Revised ...... 24656 revised; (b)(1) amended ...... 24664 657.6 Revised ...... 24656 (a) introductory text and (b) 658 Fishery management plan...... 49992 amended ...... 38294 658.2 Amended ...... 24655, 38294 653 Appendix removed ...... 24664 658.3 (a) revised; (c) removed ...... 24655 654.2 Amended ...... 24655, 38294 658.5 (c) added; interim emer- 654.3 (a) and (b) redesignated as gency eff. to 7–31–88 ...... 22000 (b) and (c); new (a) added; new Heading revised ...... 24656 (c) amended ...... 24655 (a) introductory text and (4) and 654.4 (b) (1), (2) and (3) and (c) (1) (b) introductory text amended and (2) introductory text ...... 38294 amended...... 24657 658.7 (a) introductory text, (1), (4), 654.6 (a) introductory text and (1) (6) through (10), and (12) and (b) through (7) and (b) removed; removed; (a)(2), (3), (5), and (11) (a)(8) through (24) redesignated redesignated as (a) through (d) as (a) through (q); new (a) and amended; introductory through (p) amended; intro- text added...... 24658 ductory text added...... 24657 658.8 Revised ...... 24656 654.7 Revised ...... 24656 658.9 Revised ...... 24656 654.8 Revised ...... 24656 658.22 Existing text redesignated 654.20 (a), (c), and (d) amended ...... 24657 as (a); new (b) added; emer- gency eff. to 2–2–89...... 45271 654.22 (a) introductory text, (2), Figure 1 revised ...... 45273 and (4) amended ...... 24657 (b) corrected ...... 46745 654.23 (a), (b)(1)(i) and (ii), and (3) 658.25 (a) suspended; (c) added; eff. amended...... 24657 to 7–31–88 ...... 18841 654.24 (a) introductory text, (1), 661 Temporary regulations ...... 16415, (2), (3), and (8)(i)(B) and (b) 22000, 22655, 29338, 29479, 31344, amended...... 24657 31872, 32233, 34543, 34760, 35316 655 Specifications ...... 6991, 43718 Inseason adjustments...... 20119, Specifications corrected...... 45854 26599, 28228, 30286, 31343, 35513 655.1 (a) amended ...... 24660 Technical correction ...... 27798 655.2 Amended ...... 24655, 24660 Temporary regulations and 655.3 Revised ...... 24657 inseason adjustments ...... 28227 655.5 Heading revised ...... 24656 Plan amendments...... 30285
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 661.1 Amended ...... 24658 Existing text designated as (a); 661.2 Redesignated as 661.3; new (b) added ...... 47957 661.2 redesignated from 661.3 663.7 (b) revised; (o) amended; (p) and amended...... 24658 and (q) added...... 22002 661.3 Amended; interim emer- Heading revised; introductory gency eff. to 7–29–88 ...... 16012 text, (a) through (e), (g), (k), Technical correction...... 19368, 24295 and (q) removed; (h), (i), (j), Redesignated as 661.2 and (l), (m), (f), (n), (o), and (p) re- amended; new 661.3 redesig- designated as (a) through (e), nated from 661.2 ...... 24658 (i), (f), (g), and (h); new (a) (a) through (e) redesignated as through (i) amended; new in- (b) through (f); new (a) added; troductory text added...... 24658 new (e) amended ...... 24658 (q) amended; (r) added ...... 47957 Amended ...... 24655 663.8 Revised ...... 24656 661.4 Heading revised ...... 24656 663.9 Revised ...... 24656 661.5 Heading revised; (b) intro- 669.1 (a) and (b) amended ...... 24658 ductory text and (9) through 669.2 Amended ...... 24655 669.3 Revised ...... 24655 (13) removed; (a) redesignated 669.4 Amended ...... 24660 as (b) and amended; (b)(1) 669.5 Heading revised ...... 24656 through (8), (15), (18), (20), (14), 669.6 (a) and (e) (2) and (3) amend- (16), (17), and (19) redesignated ed ...... 24660 as (a)(1) through (11), (15), (13), 669.7 (a) introductory text, (12) and (14), and (12); new (a) intro- through (15), and (17) through ductory text added...... 24658 (20) and (b) removed; (a)(1) 661.6 Revised ...... 24656 through (11) and (16) redesig- 661.7 Revised ...... 24656 nated as (a) through (l) and 661 Appendix amended; interim amended; introductory text emergency eff. to 7–29–88 ...... 16012 added...... 24658 Technical correction...... 19368, 24295 669.8 Revised ...... 24656 Appendix II amendment interim 669.9 Revised ...... 24656 emergency effectiveness ex- 669.21 Amended...... 24660 tended to 10–27–88 ...... 29235 669.23 (a), (b), and (d) amended ...... 24660 662 Harvest quotas...... 32394 669.24 (b) (1) and (2) amended...... 24660 662.2 Amended ...... 24655, 24660 672 Specifications...... 890 662.3 Revised ...... 24658 Temporary regulations...... 16129, 662.5 (c) removed...... 24658 19921, 22327, 23402, 24295, 25491, 662.6 Introductory text and (c) 26441, 31010, 32051, 36462 through (i) removed; (a)(3) and Inseason adjustments...... 23401, 52714 (b) amended; new introductory 672.2 Amended; interim emer- text added...... 24658 gency eff. to 6–7–88 ...... 7940 662.7 Revised ...... 24656 Corrected ...... 9773 662.8 Revised ...... 24656 Amended; interim emergency 663 Specifications...... 246, 31009 eff. to 9–5–88 ...... 21650 Restrictions ...... 248, Amended ...... 24655, 29480, 36793, 39606 24660, 44011 Plan amendments...... 20634 672.3 (a) revised ...... 7759 Eligibility criteria ...... 29337 (b) and (c) removed; (a) redesig- Temporary regulations...... 32621 nated as (b) and heading re- 663.1 (a) amended ...... 24660 moved; new (a) added...... 24658 663.2 Amended ...... 22002, 672.5 Technical correction ...... 991 24655, 24660 (a)(3)(iv) introductory text re- 663.3 (a) and (b) redesignated as vised; (a)(3)(iv) (E) and (F) re- (b) and (c); new (a) added...... 24655 designated as (a)(3)(iv) (F) and 663.4 Heading revised ...... 24656 (G); new (a)(3)(iv) (E) and (H) Amended ...... 24658 and (v) added ...... 7760
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued Heading revised ...... 24656 675.5 Technical correction ...... 991 (b)(3)(v) amended ...... 44012 (a)(3)(iv) introductory text re- 672.6 Added ...... 11298 vised; (a)(3)(iv) (E) and (F) re- 672.7 Introductory text revised; designated as (a)(3)(iv) (F) and (b) through (f) and (i) removed; (G); new (a)(3)(iv) (E) and (H) (g) and (h) redesignated as (b) and (v) added ...... 7761 and (c); (a), new (b), and (c) amended...... 24658 Heading revised ...... 24656 672.8 Revised ...... 24656 675.7 Revised ...... 24659 672.9 Revised ...... 24656 675.8 Revised ...... 24656 672.20 (a)(2)(i) redesignated as 675.9 Revised ...... 24656 (a)(2)(ii); (a)(2) introductory 676.2 Amended ...... 24655 text, (c)(1), (d)(2) and (5)(i) and 676.3 (a) and (b) redesignated as (e)(1) revised; new (a)(2)(i) (b) and (c); new (a) added...... 24655 added; (f)(2)(i) amended ...... 7760 676.5 Heading revised; introduc- (a)(2)(ii) introductory text, (A), tory text and (c) through (i) re- (b)(1), (c)(2) (i), (ii), and (iii) moved; (a) and (b) amended; (A) and (B) amended...... 7762 new introductory text 672.22 (a)(1)(iii), (2)(i)(B) and (iii) added...... 24659 and (3)(vi) amended ...... 7762 676.6 Revised ...... 24656 672.23 (b) revised ...... 44012 672.24 (b) (1) and (2) revised...... 6650 676.7 Revised ...... 24656 (b) (1), (2), and (3) (i) and (ii) 680.1 (a) and (b) amended ...... 24660 amended...... 7762 (b) revised...... 27521 674 Temporary regulations ...... 26779, 680.2 Amended ...... 24655 28403, 31010, 34303, 35317, 36289 Amended ...... 27521, 27523 Inseason adjustments...... 35080 680.3 Existing text amended and 674.1 (a) and (b) amended ...... 24659 designated as (b); (a) added...... 24655 674.2 Amended ...... 24655, 24660 680.4 (k) amended...... 27523 674.3 Revised ...... 24659 680.5 (a)(3) removed; (a)(4) redes- 674.5 Heading revised ...... 24656 ignated as (a)(3) ...... 27523 Amended ...... 24660 680.7 (a) introductory text re- 674.7 Introductory text revised; vised; (a)(6) through (13) re- (c) through (i) removed; (a) in- moved; (a) (1), (2)(iv), (4), and troductory text and (b) amend- (5) amended ...... 24659 ed ...... 24659 674.8 Revised ...... 24656 680.8 Revised ...... 24656 674.9 Revised ...... 24656 680.9 Revised ...... 24656 674.21 (a)(2) revised ...... 25493 680.10 Added ...... 27521 674.23 (a)(1) and (b)(2) (ii) and (iii) 680.21 (c)(3) amended...... 24659 amended...... 24660 (a) Table 1 amended ...... 27523 675 Specifications...... 894 680.25 (a) and (b) amended...... 24660 Specifications corrected ...... 2147 681.1 (b) amended ...... 24659 Temporary regulations ...... 4178, (a) amended ...... 24660 7941, 19303, 21454, 22328, 25493, 681.2 Amended ...... 24655 37581, 39479, 39744, 47544, 49994 681.3 Heading revised; existing Inseason adjustments...... 12772, text designated as (b); (a) 16552, 18841, 23402, 26599, 28229, added...... 24655 33140, 35081, 38725, 39097, 40894, 47545, 49552 681.4 (b)(2)(xxi) revised...... 52999 Inseason adjustments corrected 681.5 (a) (3), (4) and (5) amended; ...... 39718 (b)(2)(x), (4) and (5) and (c)(4) Technical correction ...... 27798 (iii) and (iv) removed; (b)(2) 675.1 (a)(2) amended ...... 24659 (viii) and (ix), (c) introductory 675.2 Amended ...... 24655, 24660 text, (3), (4) introductory text, 675.3 Revised ...... 24659 (i) and (ii) revised ...... 52999
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50 CFR—Continued 53 FR 1989 Page Chapter VI—Continued 50 CFR 54 FR Page 681.7 (a) introductory text re- vised; (a) (4) and (7) through (13) Chapter VI removed; (a)(5) and (6) redesig- 600 Added ...... 1704 nated as (a)(4) and (5); (a), (b)(2) 601 Revised ...... 1706 through (5), and (c)(2) and (3) 602 Revised ...... 30833 amended...... 24659 602.11 (c)(9)(ii) corrected ...... 31640 681.8 Revised ...... 24656 602.13 (d)(1)(v) and (2) cor- rected...... 31640 681.9 Revised ...... 24656 602.14 (b)(1) corrected...... 31529 681.24 (c) introductory text and 602.17 (b)(2)(v) and (c) cor- (1) revised; (c)(3) added ...... 52999 rected...... 31640 683.1 (a) amended ...... 24660 602.10—602.17 (Subpart B) Appen- 683.2 Amended ...... 24655, dix A corrected ...... 31529 24660, 29908 604 Added ...... 1710 683.3 Heading revised; existing 605 Added ...... 1712 text designated as (b); (a) 611 Specifications ...... 32, added...... 24655 3605, 32819, 43821 683.4 Heading revised ...... 24656 Restrictions ...... 299 683.5 (a) (1) through (5) amend- Specifications corrected ...... 2039 ed ...... 24660 Catch monitoring...... 3039 (a)(2) (i) and (ii) added...... 29908 Specifications, inseason adjust- 683.6 Heading and introductory ments, etc ...... 6524 text revised; (a) through (e), Regulation at 54 FR 32819; eff. 9– (g), and (h) removed; (f), (i), (j), 15–89...... 37109 and (k) redesignated as (d), (b), Temporary regulations ...... 37110 (a), and (c); new (b) and (d) 611.1—611.16 (Subpart A) Appen- amended...... 24659 dix A amended ...... 47681 Appendix A corrected ...... 50306 (k), (l), (m), and (n) added ...... 29909 611.1 (c) revised; interim ...... 21925 683.7 Revised ...... 24656 611.3 (a)(3) revised; interim ...... 21925 683.8 Revised ...... 24656 611.7 (a) (25) through (27) redesig- 683.10 Added ...... 29909 nated as (a) (26) and (28); new 683.11 Added ...... 29909 (a)(25) added...... 16371 683.21 (a) and (f) revised ...... 29909 611.8 (d) through (j) redesignated 683.25 Redesignated as 683.26; new as (e) through (k); new (d) 683.25 added...... 29909 added; new (f), (h)(1), (2)(ii), and 683.26 Redesignated from (k)(1)(i) amended ...... 16371 683.25 ...... 29909 611.22 (b)(1), (c) and (d) revised ...... 6933 683.27 Added ...... 29911 611.70 (d)(1) introductory text and 683.28 Heading added...... 29911 (3)(i) revised ...... 18904 685.2 Amended ...... 24655 611.92 (c)(1)(iii) added; interim 685.3 Heading revised; existing emergency; eff. to 6–26–89 ...... 13194 test designated as (b); (a) (c)(1)(iii) effective date extended to 9–23–89 ...... 27384 added...... 24655 (c)(2)(i) introductory text re- 685.4 Heading revised ...... 24656 vised ...... 50394 685.5 (a) introductory text, (1) 611.93 (c)(2)(ii) (F) and (G) sus- through (5), (7), and (8) and (b) pended; (H) and (I) added; emer- removed; (a)(6), (9), and (10) re- gency interim; eff. to 6–13– designated as (c), (a), and (b); 89...... 11380 new (a) and (c) amended; intro- Corrected...... 12989 ductory text added...... 24659 (b)(1)(iii) suspended; (b)(1)(iv) 685.6 Revised ...... 24656 added temporary; interim 685.7 Revised ...... 24656 emergency; eff. to 6–26–89...... 13194
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50 CFR—Continued 54 FR 50 CFR—Continued 54 FR Page Page Chapter VI—Continued Chapter VI—Continued (b)(1)(ii) Table 1 amended; (n) removed; (o) and (p) redesig- (b)(3)(ii)(A) revised; nated as (n) and (o); (l) and (m) (b)(3)(ii)(D) added ...... 18523 revised ...... 8343 (c)(2)(ii) amended eff. to 9–11–89 646.22 Text revised...... 1722 ...... 25280 646.24 (a)(1) and (b) revised; (b)(1)(iii) and (iv) effective date (a)(20), (21), and (c) added ...... 8343 extended to 9–23–89 ...... 27384 649.2 Amended ...... 48618 (b)(5) added; eff. to 12–31–90 ...... 32648 649.20 (b) table revised...... 48618 (b)(3)(i) introductory text re- 649.21 (c) introductory text vised; (c)(2) through (4) redes- added; (c)(1) introductory text ignated as (c)(3) through (5); and (2) revised...... 48618 new (c)(2) added ...... 50394 (c)(3) added (effective date pend- 620.3 (d) revised...... 50394 ing)...... 48618 642 Temporary regulations ...... 153, 650 Entry control date ...... 16123 306, 14360, 43970, 53322 651 Figures 1 and 4 revised...... 4802 651.2 Amended ...... 52804 Technical correction...... 1471 651.7 (b)(11) added ...... 4800 642.1 (b) revised...... 29563 651.20 (a) (1), (2), (b)(1), (c)(2), 642.2 Amended ...... 29564 (d)(1) introductory text, and 642.4 (a) (1), (2), and (3), (b)(3), and (2), (f) introductory text, and (c) amended ...... 29564 (3) revised; eff. in part 1–1– 642.5 (a) introductory text, (b) in- 90 ...... 4800 troductory text, (c) introduc- Amended; Appendix A added...... 41975 tory text and (e) revised; (a)(2) 651.21 (a) heading and (1) table amended...... 29564 amended ...... 4801 642.6 (a) revised...... 29564 (b)(2)(i) suspended; (b)(4) added; 642.7 (x) added; interim emer- eff. to 4–1–89 ...... 10011 gency; eff. to 5–30–89 ...... 13691 651.22 (a)(1) table amended; (c) (k), (m), (n) and (v) amended; and (e)(2) revised ...... 4801 (g), (j), (q) and (r) revised; (x) 651.23 (a) revised...... 4802 added ...... 29564 651.26 Added ...... 52804 642.21 (c)(3) added...... 29565 652 Temporary regulations ...... 47682, (a)(1) introductory text, (i), (ii), 49298 (2), (b) (1), (2), (c) (1), (2), (d) 1989 annual quotas ...... 6415 (1), and (2) amended ...... 30554 Inseason adjustments ...... 8751 (c)(2) and (d)(2) amended ...... 38528 Area opening ...... 30749 642.22 Heading and (b) revised; (a) 652.23 (a)(4) added; eff. through 11– amended...... 29565 9–89...... 33701 642.23 (a) (1) and (2) amended; (c) (a)(4) effective date extended to revised ...... 29565 2–7–90 ...... 47365 642.24 (e) added; interim emer- 654.23 (b) heading added; (b)(1) re- gency; eff. to 5–30–89 ...... 13691 vised; eff. 10–1–89 ...... 38235 (a) (1) and (2) amended; (a)(3) Figure 3 revised; eff. 10–1–89...... 38236 added; (d) revised...... 29565 655 Specifications ...... 2134 642.28 (a) introductory text 7777, 10549, 52035 amended...... 29565 Specifications corrected...... 18114 644.7 (g) effective date deferred 658.5 (c) added (temporary) ...... 16125 pending OMB approval...... 821 658.22 Existing text designated as 644.24 (b) effective date deferred (a); new (b) added; eff. to 11–3– pending OMB approval...... 821 89...... 16125 646 Technical correction ...... 5938 (b) revised; Figure 1 suspended; 646.1 (b) revised ...... 1722 Figure 2 added eff. to 11–3–89.....36036 646.2 Amended...... 1722 (b) Figure 2 corrected as Figure 646.4 Amended...... 1722 1a; interim...... 39187 646.6 (b) and (k) amended; (h) and 658.23 (b) heading added; (b)(1) re- (i) revised; (o) and (p) added...... 1722 vised; eff. 10–1–89 ...... 38235
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50 CFR—Continued 54 FR 50 CFR—Continued 54 FR Page Page Chapter VI—Continued Chapter VI—Continued Figure 4 removed; new Figure 3 669.21 Existing text designated as added; eff. 10–1–89...... 38236 (a); (b) added; interim; eff. to 2– 658.25 (a) amended; Figure 3 re- 28–90 ...... 50625 designated as Figure 4...... 38238 672 Clarification...... 986 661 Fishery management plan...... 19798, Specifications, inseason adjust- 25462 ments, etc...... 6524 Temporary regulations ...... 19904, Temporary regulations ...... 12204, 25586, 25876, 30390, 41591, 41952 12638, 15411, 16126, 18526, 19375, Fishery management plan cor- 23662, 24712, 25464, 25717, 26380, rected ...... 24175, 28423, 28681, 30224, 33556, 37110, 24288, 28818 40394, 41101, 41977, 47212 Inseason adjustments ...... 24906, Specifications ...... 32819 31196, 31841, 37110, 41592 Mortality formula revision ...... 33701 661.2 (d) amended ...... 19191 Inseason adjustment at 54 FR Amended ...... 20603 32819; eff. 9–15–89 ...... 37109 661.4 (a) amended; (b) redesig- 672.1 (a) revised...... 18524 nated as (c); new (b) added (ef- 672.2 Amended; interim emer- fective date pending) ...... 19191 gency; eff. to 6–26–89 ...... 13194 (b) amended (OMB number) ...... 29731 Amended ...... 18524, 50395 661.5 (a)(8) revised...... 19191 Effective date extended to 9–23– 89 ...... 27384 661.20 (a) introductory text amended; (a)(1)(iii) and (5) 672.3 (b) revised...... 50397 added (effective date pend- 672.5 (a)(3) (ii) and (iii) removed; ing) ...... 19191 (a)(3) (iv) and (v) redesignated as (a)(3) (ii) and (iii); (a)(3) in- (a)(1)(iii) amended (OMB num- troductory text, (i), and new ber)...... 29731 (ii) revised ...... 18524 661.21 (a) (1), (2), and (3) amend- (b) and (c) redesignated as (d) ed ...... 19192 and (e); (a) and new (d) head- 661.22 (a) amended...... 19192 ing revised; new (b) and (c) 661.23 (a) through (c) revised; (d) added ...... 50397 removed; (e) and (f) redesig- 672.7 (d) added ...... 50401 nated as (d) and (e) ...... 19192 672.20 (a)(2) and (f)(1) revised ...... 50401 661 Appendix amended ...... 19192 (f)(2) temporarily suspended; Appendix amended (OMB num- (f)(3) added; eff. to 12–31–90...... 50401 ber)...... 29731 672.23 Revised ...... 50401 662 Harvest quotas...... 41976 672.24 (c) revised; eff. to 12–31– 662.20 (b)(1) suspended; (b)(3) 92...... 50401 added; interim through 12–23– 672.27 Revised ...... 50404 89...... 40113 674 Temporary regulations ...... 30225, Corrected...... 41976 33904 Regulation at 54 FR 40113 effec- 674.21 (a)(2) revised ...... 28425 tive date extended to 3–23–90.....52398 675 Clarification...... 986 663 Specifications ...... 32 Catch monitoring...... 3039 Specifications corrected ...... 2039 Specifications ...... 3605 Restrictions ...... 299, Prohibition on receipt...... 3609, 9216 18658, 30046, 31688, 41594 Temporary regulations ...... 6134, Restrictions; eff. 10–11–89...... 40113 6934, 7933, 30390, 31842, 37114, Temporary regulations ...... 47773, 51886 39741, 41101, 43823, 49298, 53323 663.2 Amended ...... 20603 Table 2 added; eff. to 12–31–90 ...... 32651 663.7 Introductory text revised; Figure 2 revised; eff. to 12–31–90 (r) removed; (j) and (k) ...... 32651 added...... 18904 Inseason adjustments...... 37112 669.7 (c) amended; (m) added; in- 38686, 41977, 46619, 47683, 51200, terim; eff. to 2–28–90 ...... 50625 51886
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50 CFR—Continued 54 FR 1990 Page Chapter VI—Continued 50 CFR 55 FR Prohibition on receipt rescinded Page ...... 46268, 53323 Chapter VI Prohibition of receipt...... 47684 603 Revised ...... 31602 675.1 (a) revised...... 18524 611 Inseason adjustments ...... 19738 675.2 Amended; interim emer- Specifications ...... 1036, 3223 gency; eff. to 6–26–89 ...... 13194 Corrected...... 14286 Amended ...... 18524, 50404 Eff. to 1–1–91...... 1434 Effective date extended to 9–23– Reapportionment ...... 31187 89 ...... 27384 Temporary regulations...... 3229, 22795, Amended; eff. to 12–31–90...... 32649 26693, 49283, 46955 Corrected...... 37469 611.2 Amended ...... 293 675.3 (b) revised...... 50404 611.3 (c) revised...... 293 675.5 (a)(3) (ii) and (iii) removed; 611.4 (c) (6), (7), and (8) revised...... 294 (a)(3) (iv) and (v) redesignated 611.7 (a)(9) revised...... 294 as (a)(3) (ii) and (iii); (a)(3) in- 611.10 (b) and (d) revised ...... 294 troductory text, (i), and new 611.1—611.16 (Subpart A) Appen- (a)(3)(ii) revised ...... 18525 dix A corrected...... 1591 (b) redesignated as (d); (a) and 611.22 (b)(1), (c), and (d) re- (d) heading revised; new (b) vised...... 11383 and (c) added...... 50408 611.92 (c)(3) added; interim; eff. to 675.7 (c) revised; emergency in- 5–16–90...... 6399 terim; eff. to 6–13–89 ...... 11380 (j) added ...... 9890 Corrected...... 12989 (c)(3) removed...... 19266 (c) amended ...... 25280 (c) revised; (d) added; eff. to 12– 611.93 (c)(6) added; interim; eff. to 31–90...... 32649 5–16–90...... 6399 (e) added ...... 50408 (b)(1)(iii) Table 1 amended...... 8143 675.20 (b)(3) suspended; emer- (b)(1)(iii) revised; (j) added ...... 9890 gency interim; eff. to 4–15– (c)(6) removed...... 19266 89...... 417 620.7 (i) added; interim; eff. to 8– (a) heading and (1) Table 1 23–90 ...... 22337 amended; (a) (6) through (10) (i) added; interim; effective ex- redesignated as (a) (7) through tended to 11–21–90 ...... 35436 (10) and (12); new (a)(6), (a)(11) 628 Added ...... 18733 and (b)(1)(iv) added; new 630.1 (b) revised...... 35645 (a)(10), new (12), and (b)(2) re- 630.2 Amended ...... 35645 vised ...... 18525 630.4 (e) removed; (f) through (l) (e)(1)(iii) and (2)(ii) amended; redesignated as (e) through (k); (e)(4) revised; eff. to 12–31–90 .....32649 new (i) amended; (a) through (a)(2) revised...... 50408 (d) and new (k) revised...... 35646 675.21 Added; eff. to 12–31–90...... 32649 630.5 (a) and (b) removed; (c) re- (b)(1) corrected ...... 37469 designated as (a); new (a) intro- 675.22 Added ...... 11380 ductory text revised; (b) Corrected; eff. 3–15 to 6–13–89 ...... 12989 added...... 35646 Amended; eff. to 9–11–89 ...... 25280 640.2 Amended ...... 26448 Added; eff. to 12–31–90 ...... 32651 640.4 Revised ...... 26449 (f) added...... 50408 Effective date corrected ...... 28631 675.23 Added; emergency interim 640.7 (i) and (j) revised; (q) eff. to 4–15–89...... 417 through (u) added...... 26449 Added ...... 50408 640.21 (c)(1) and (3) revised; (d) 675.24 Added ...... 50408 added...... 26449 675.25 Added ...... 50408 640.22 (a) revised ...... 26450 676 Removed...... 37943 641 Temporary regulations ...... 8144 683.6 (k) through (n) at 53 FR 29909 641.1 (b) revised ...... 2086 correctly redesignated as (e) 641.2 Amended...... 2086 through (h)...... 6531 641.4 Revised ...... 2087
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50 CFR—Continued 55 FR 50 CFR—Continued 55 FR Page Page Chapter VI—Continued Chapter VI—Continued 641.5 (b) introductory text and (2), 642.7 (x) revised...... 14836 (c) introductory text, (f), (g) in- (i), (k), (m), and (l) amended; (p), troductory text, and (i) re- (s), and (x) removed; (b), (d), vised; (b)(1) and (3) through (6), (e), (j), (n), (q), (t), and (u) re- (c)(1) through (5), (d) introduc- vised ...... 29374 tory text, (g)(1) through (4), 642.20 Revised ...... 29374 and (h) introductory text 642.21 (a)(3) and (c)(3) revised...... 29374 amended; (b)(7) and (8) re- (a)(2), (b)(2), (c)(2), and (d)(2) moved; (g)(6) added...... 2088 amended ...... 31188 641.6 Revised ...... 2089 642.23 Revised ...... 29374 641.7 (a) and (b) redesignated as (t) 642.24 (a)(3) revised ...... 14837 and (u); new (t) amended; eff. to Revised...... 29374 4–23–90...... 2089 642.26 (a)(1)(iii) amended...... 29376 (c) through (k) removed; (a) 642.27 (d) revised; (f)(4) added...... 14837 through (s) added ...... 2089 (e) amended; (a) and (c) revised (b), (e), (p), (r) and (s) eff. 4–23–90 ...... 29375 ...... 2089 642.28 Revised ...... 29375 (v) added; eff. to 5–31–90 ...... 8144 (a)(1)(iii)(B) and (3)(ii) revised; (t) added; eff. to 8–29–90 ...... 23086 (a)(1)(iii)(C) added...... 31188 (t) added ...... 25311 (a)(1)(iii)(A) and (iv)(A) revised; 641.21 Revised ...... 2090 eff. 1–1–91 ...... 31189 (a)(4) suspended; eff. to 5–31–90 ...... 8144 642 Appendix A amended ...... 29377 (a)(4) suspended; eff. to 8–29–90.....23086 646 Temporary regulations ...... 32635, (a)(4) removed; (a)(5) through (7) 40181 redesignated as (a)(4) through 646.2 Amended; eff. to 11–1–90...... 32259 (6) ...... 25311 646.6 (p) added (temporary) ...... 18894 641.22 Revised ...... 2090 Regulation at 55 FR 18894 effec- 641.23 Revised ...... 2090 tive date extended to 10-29-90 641.24 Amended ...... 2090 ...... 28916 Revised; eff. 4–23–90 ...... 2090 (q) through (s) added; eff. to 11– (b)(3) revised; (b)(5) added; eff. 1–90 ...... 32259 to 5–31–90...... 8144 (l) amended; (m) revised ...... 46214 (b)(3) revised; (b)(5) added; eff. (l) correctly designated ...... 47831 to 8–29–90 ...... 23086 646.20 (c) added (temporary) ...... 18894 (b)(3) revised; (b)(5) added ...... 25311 Regulation at 55 FR 18894 effec- 641.25 Revised ...... 2091 tive date extended to 10-29-90 (b) suspended; (l) added; eff. to ...... 28916 3–11–91...... 51723 (c) added ...... 46214 (d) added; eff. to 5–31–90 ...... 8144 646.24 (a)(22) added; (c)(3) re- (d) added; eff. to 8–29–90...... 23087 vised...... 40396 (d) added ...... 25311 (b) revised...... 46214 641.26 Redesignated as 641.28; new 646.25 Added; eff. to 11–1–90 ...... 32259 641.26 added ...... 2091 647 ...... 47060 641.27 Added ...... 2091 650 Temporary regulations ...... 4614, 641.28 Redesignated from 18604, 20274 641.26...... 2091 650.2 Amended ...... 435 641.29 Added; eff. to 4–22–90...... 8144 650.7 (b) through (f) redesignated 641 Appendix A Added ...... 2091 as (d) through (h); new (b) and 642 Temporary regulations ...... 1213, (c) added ...... 435 21201, 42722, 52997 (b) corrected...... 2201 Technical correction ...... 32257 (i) added; interim; eff. to 8–23–90 642.1 (b) revised...... 29373 ...... 22337 642.2 Amended ...... 29373, 29375 (i) added; interim; effective date 642.4 (a)(4) added; (b)(1), (c), and extended to 11–21–90 ...... 35436 (d) revised...... 29373 650.21 Heading revised; (c) 642.5 (f) added...... 29373 through (e) added...... 435
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50 CFR—Continued 55 FR 50 CFR—Continued 55 FR Page Page Chapter VI—Continued Chapter VI—Continued 650.25 Added ...... 435 26693, 27643, 29023, 30235, 31603, 651 Temporary regulations ...... 12363 32260, 32261, 33912, 34263, 36651, 652 Temporary regulations ...1213, 40840 40185, Fishing quotas ...... 5462 40186, 41339, 42854, 47883, 49283 Revised...... 24190 Corrected...... 14286 652.20 (g) eff. to 12–31–90 ...... 24184 Technical correction ...... 12990 652.23 (a)(4) added; interim; eff. to Inseason adjustments...... 19738 8–23–90 ...... 22337 Interpretation ...... 41191 (a)(4) added; interim; effective 672.2 Corrected...... 1036 date extended to 11–21–90 ...... 35436 Amended ...... 4846, 9891 655 Specifications ...... 9324 Amended; interim; eff. to 11–10– 656 Added ...... 7901 90 ...... 33720 Removed ...... 9452 672.5 (c)(2)(i) and (iii)(B) cor- Added ...... 40184 rected; (c)(2)(ii) added ...... 1036 658 Temporary regulations ...... 20162, (c)(3) removed...... 34934 28402 672.6 Suspended; eff. to 9-28-90 ...... 12833 658.22 Existing text designated as 672.20 (c)(2) redesignated as (c)(3); (a); (b) added; eff. to 9–30–90...... 13794 new (c)(2) added ...... 32 Figure 1 revised ...... 13795 (f)(1), (3)(ii), and (3)(iii) sus- 658.26 Revised ...... 18121 pended; (f)(4) and (5) added; 659 Added; eff. to 7–2–90...... 13154 eff. to 5–15–90 ...... 5997 Removed...... 22795 (i) added; interim; eff. to 5–16–90 661 Temporary regulations ...... 20607, ...... 6399 22032, 23087, 23443, 24247, 25311, (c)(2) revised; (c)(3) through 31391, 34019, 36824, 37714, 40667, (c)(6), (g) and (h) added ...... 9891 40668 (i) removed ...... 19267 Inseason adjustments...... 21039, Effective date extended to 8–13– 32259, 32916, 33714, 36280, 38552, 90 ...... 20466 39156, 39416, 41542 (f)(1)(ii) and (3)(ii) suspended; Fishery management measures (f)(1)(iii) and (3)(iv) added; in- ...... 18894 terim; eff. to 11–10–90 ...... 33720 Inseason adjustment ...... 38552, 39156, 672.22 (a)(2)(i)(B) and (ii)(C) 39416 661.20 Specifications...... 14837 amended; (a)(2)(i)(C) and (ii)(D) 662 Harvest quotas...... 35647 added ...... 33 663 Restrictions ...... 3747, 11021, 25977, 672.23 Revised ...... 33 31053, 41192 672.24 (a) revised...... 33 Specifications...... 1036, 14837 Heading revised; (b) and (c) re- Reapportionment ...... 31187 designated as (c) and (d); new Commercial fishery closure...... 51909 (b) added; interim; eff. to 11– 663.7 Introductory text revised; 10–90...... 33721 (l) and (m) added ...... 31 672.27 Revised ...... 4846 669.2 Amended ...... 46216 674 Temporary regulations ...... 30717 669.7 (c), (e) through (g), (j), and 33721, 35436 (k) revised; (d) amended ...... 46216 674.2 Amended ...... 47775 669.21 Revised ...... 46216 674.7 Revised ...... 47775 Table corrected ...... 52130 674.20—674.22 (Subpart B) Re- 669.22 Existing text designated as vised...... 47775 (b); (a) added ...... 46216 674.21 (a)(2) revised ...... 29217 669.23 Revised ...... 46216 675 Temporary regulations ...... 3229, (b) corrected ...... 52130 7337, 7716, 8145, 8954, 10246, 10780, 669.24 (a) introductory text 22919, 26208, 26450, 27643, 27823, amended; (b) revised ...... 46216 30004, 31392, 32094, 32421, 35437, (a)(1) revised ...... 46216 36652, 38331–38333, 41543, 42199, 672 Temporary regulations ...... 3230, 42574, 47883, 48109, 48624, 49284 3409, 7902, 14978, 17442, 18605, Specifications; eff. to 1–1–91 ...... 1434 22795, 22796, 22917, 22918, 23746, Catch monitoring ...... 14094
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50 CFR—Continued 55 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued Interpretation ...... 41191 611.1—611.16 (Subpart A) Appen- Inseason adjustments...... 42387, 45609 dix L added ...... 33209 675.2 Amended...... 4847, 8143, 9892 611.22 (b)(1) and (c) revised; (d) re- Amended; interim; eff. to 11–10– moved; (e) and (f) redesignated 90 ...... 33721 as (d) and (e) ...... 1577 675.5 (c)(3) removed...... 34934 611.70 Revised ...... 738 675.7 (e) correctly designated...... 1036 (c)(1)(ii) and (h)(1) corrected ...... 13365 675.20 (e)(2)(ii) and (3)(iii) amend- 611.92 (c)(3) added...... 499 ed; (e)(2)(iii) and (3)(iv) 611.93 (b)(3)(i) revised; (c)(5) added ...... 33 amended; (b)(5)(iii) added...... 385 (j) added; interim; eff. to 5–16–90 (c)(6) added ...... 499 ...... 6399 (b)(5) added...... 2705 (a)(1) Table 1 revised ...... 8143 620.2 Amended...... 8723 (a)(8) revised; (h) and (i) added ...... 9892 625.4 (m) added; interim emer- (j) removed ...... 19267 gency; effective to 3–5–92 ...... 63690 675.21 (c)(2) suspended; (c)(5) 625.5 Heading revised; text added; added; interim; eff. to 11–10– interim emergency; effective 90...... 33721 to 3–5–92...... 63690 675.23 Revised ...... 33 625.7 (a)(1), (2), (b)(4) and (5) sus- 675.24 (d) and (e) added ...... 33 pended; (a)(3) through (8) and 675.25 Revised ...... 4848 (b)(6) through (9) added; in- 683.2 Amended; eff. to 2–24–91...... 49051 terim emergency; effective to 683.4 (c) added ...... 42967 3–5–92...... 63690 683.6 (g) amended ...... 42967 625.24 Added; interim emergency; (i), (j) and (k) added; eff. to 2–24– effective to 3–5–92...... 63691 91 ...... 49051 (b) corrected ...... 66603 683.11 Removed...... 42967 625.26 Added; interim emergency; 683.21 (a)(4) suspended; (a)(5) effective to 3–5–92...... 63691 added; eff. to 2–24–91 ...... 49052 (c)(1), (2), (d), (e) and (f)(1) cor- 683.29 Added; eff. to 2–24–91 ...... 49052 rected ...... 66603 685.2 Amended; interim emer- 630 Temporary regulations ...... 31347 gency eff. to 2–24–91 ...... 49287 Authority citation revised ...... 65016 685.4 Existing text designated as 630.1 (b) suspended; (d) added; ef- (a); (b) added ...... 42968 fective to 12–9–91 ...... 26937 (a) and (b) suspended; (c) and (d) Revised...... 65016 added; interim emergency eff. 630.2 Amended; effective to 12–9– to 2–24–91 ...... 49287 91...... 26938 685.5 (d) added ...... 42968 Amended ...... 65016 (e) through (l) added; interim 630.3 Revised ...... 59222 emergency eff. to 2–24–91 ...... 49287 630.4 (c) revised...... 59222 685.9 Added; interim emergency Revised...... 65016 eff. to 2–24–91...... 49288 630.5 (c) added; effective to 12–9– 685.10 Added; interim emergency 91...... 26938 eff. to 2–24–91...... 49288 Revised...... 65017 685.11 Added; interim emergency 630.7 (e) suspended; (i) through (q) eff. to 2–24–91...... 49288 added; effective to 12–9–91...... 26938 Revised...... 65018 630.10 Added ...... 65018 1991 630.20—630.26 (Subpart B) Re- 50 CFR 56 FR vised...... 65019 Page 630.22 Suspended; effective to 12– Chapter VI 9–91...... 26938 611 Specifications...... 645, 6290, 8723 630.25 Added; effective to 12–9– Harvest quotas ...... 49430 91...... 26938 Reassessment ...... 56603 630.26 Added; effective to 12–9– 611.2 Amended...... 8723 91...... 26938
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued (a) corrected ...... 28349 646 Temporary regulations ...... 52479 630.27 Added; effective to 12–9– 646.2 Amended...... 2446 91...... 26940 Amended ...... 56022 (b)(1)(i)(A), (B), (ii)(A) and (B) Corrected...... 59979 corrected ...... 29906 646.4 Redesignated as 646.5 and re- 630.28 Added; effective to 12–9– vised; new 646.4 added ...... 2446 91...... 26940 Revised...... 56022 630.29 Added; effective to 12–9– (d) corrected ...... 59979 91...... 26940 646.5 Redesignated as 646.6; new 630.40 (Subpart C) Added ...... 65021 646.5 redesignated from 646.4 638.1 (b) amended...... 1502 and revised...... 2446 638.2 Amended...... 1502 Figure 1 redesignated as Figure 638.4 (a) and (c) through (g) re- 2 to part 646; revised ...... 56023 vised; (h) through (m) added...... 1502 646.6 Redesignated as 646.7; new 638.5 Revised ...... 1503 646.6 redesignated from 646.5 ...... 2446 638.7 Existing text designated as Revised ...... 2449 (a); (b) and (c) added ...... 1503 Heading corrected...... 9251 638.21 Revised ...... 1503 Revised...... 56024 638.23 Revised ...... 1503 646.7 Redesignated as 646.8; new 638.24 Redesignated as 638.26; new 646.7 redesignated from 646.6 ...... 2446 638.24 added ...... 1503 Revised ...... 2449 638.25 Added ...... 1504 (v) added; effective 4–19–91 638.26 Redesignated from through 7–18–91 ...... 18743 638.24...... 1503 Regulation at 56 FR 18743 effec- 640.4 Heading revised; (c) through tive date corrected ...... 23619 (i) redesignated as (d) through Regulation at 56 FR 18743 effec- (j); new (a)(4) and (c) added...... 12357 tive date extended through 10– 640.7 (t) amended ...... 12357 16–91...... 33210 641 Temporary regulations ...... 42711 Revised...... 56024 641.4 (b)(4) removed; heading, 646.8 Redesignated as 646.9; new (a)(3), (c) through (f), (i) and (k) 646.8 redesignated from 646.7 ...... 2446 revised; (b)(4) removed...... 58651 646.9 Redesignated from 646.8 ...... 2446 641.25 (e) correctly designated...... 558 646.20 Revised ...... 2450 (b) revised...... 30514 646.21 Revised; (b) interim ...... 2450 (a) revised...... 33884 Regulation at 56 FR 2450 con- Effective date corrected ...... 37606 firmed...... 12852 (c) suspended; (e) added; effec- (a), (b) and (d) revised; (f) tive to 12–31–91...... 58188 through (i) added ...... 56025 642 Temporary regulations ...... 652, 3422 646.22 Heading, (a)(1) and (c)(1) re- Temporary regulations ...... 49853, 66001 vised; (b)(2) introductory text 642.21 (a)(1) introductory text, (i), and (4) amended; (b)(5) and (6) (ii), (2) introductory text, added ...... 2450 (b)(1), (2), (c)(1), (2), (d)(1), and (d) added; effective 4–19–91 (2) amended ...... 45900 through 7–18–91 ...... 18743 642.28 (a)(1), (3)(i), (ii) introduc- Regulation at 56 FR 18743 effec- tory text, and (b) revised ...... 45901 tive date corrected ...... 23619 644.1 (b) revised...... 13417 Regulation at 56 FR 18743 effec- 644.2 Amended ...... 13417 tive date extended through 10– 644.7 (d) through (h) redesignated 16–91...... 33210 as (e) through (i); new (d) Figure 2 redesignated as figure 3 added; new (f) and new (h) re- to part 646; (c) redesignated as vised...... 13417 (e); (b) revised; new (c), (d), (f) 644.21 (c) redesignated as (d); (a) and (g) added ...... 56026 introductory text and (b) re- 646.23 Redesignated as 646.27; new vised; new (c) added...... 13417 646.23 added ...... 2450 644.24 Revised ...... 13418 Revised...... 56026
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued (e) and (f) corrected ...... 59979 Regulation at 56 FR 24728 effec- 646.24 Redesignated as 646.26; new tive date corrected; technical 646.24 added ...... 2450 correction...... 26774 Revised...... 21960 651.27 Added ...... 24729 (b) corrected ...... 23735 Regulation at 56 FR 24729 effec- (b) revised...... 56027 tive date corrected; technical 646.25 Added ...... 2450 correction...... 26774 Revised...... 56027 (c)(2) corrected ...... 27786 646.26 Redesignated from 646.24 ...... 2450 651 Figure 5 added ...... 24729 (a)(1) removed; (a)(2) through 652 Temporary regulations .....3980, 3981 (22) redesignated as (a)(1) Fishing quotas...... 13083 through (21); (c)(1) introduc- Temporary regulations ...... 61182, 61183 tory text, (ii), (2) and (3) 655 Specifications ...... 1745 amended; (c)(4) added ...... 56027 658 Temporary regulations ...... 22662, 646 Figure 2 redesignated from 66604 646.5 figure 1...... 56023 658.1 (b) revised...... 22829 Figure 3 redesignated from 658.6 (a) introductory text re- 646.22 figure 2 ...... 56026 vised...... 22829 Figure 1 added ...... 56027 658.20 Revised ...... 22829 646.27 Redesignated from 658.21 (a) and (b) revised ...... 22829 646.23...... 2450 658.22 Existing text designated as 649.2 Amended ...... 19317 (a); (b) added; eff. to 9–30–91 ...... 2146 649.7 (a)(6) revised...... 19317 658.25 (a) and (b) introductory 649.21 Heading revised; (c)(3) re- text revised ...... 22829 moved; (d) redesignated as (e); (a) corrected ...... 25374 new (d) added ...... 19317 658.26 Revised ...... 22829 650 Temporary regulations ...... 3422 661 Fishery management meas- Temporary regulations ...... 30514 ures ...... 7312, 15517 650.21 (a) and (b) amended...... 12358 Inseason adjustments...... 34031, 36111, 651.2 Amended ...... 24727 51660, 51661, 55634 Regulation at 56 FR 24727 effec- Temporary regulations .....34032, 37161, tive date corrected; technical 37671, 38086, 38087, 40268, 41631 correction...... 26774 Temporary regulations .....43888, 43889, 651.7 Introductory text des- 46735, 47014, 51662, 55634 ignated as (a); (b)(2) and (d) re- 661 Appendix amended; interim vised; (b)(12), (13), (14) and (c) emergency; effective through added...... 24727 8–6–91...... 21328 Regulation at 56 FR 24727 effec- Appendix amended ...... 26775, 26776 tive date corrected; technical Appendix regulation at 56 FR correction...... 26774 21328 effective date extended 651.20 (a)(3) added; (b)(1), (3) and through 11–4–91 ...... 37671 (f) revised ...... 24727 662 Harvest quotas...... 49430 Regulation at 56 FR 24727 effec- 662.20 (b) introductory text re- tive date corrected; technical vised; (b)(3) and (4) added ...... 15300 correction...... 26774 663 Specifications...... 645 (b)(1) correctly revised ...... 33884 Revised...... 740 (f)(1)(iii) regulation at 56 FR Temporary regulations .....20143, 24730, 24727 confirmed...... 50063 30338, 37022, 49727 651.21 (b)(2) revised ...... 24728 Temporary regulations .....43718, 46240, Regulation at 56 FR 24729 effec- 58321, 64723 tive date corrected; technical Restrictions ...... 49727, 49727 correction...... 26774 Reassessment ...... 56603 (b)(1)(ii) corrected ...... 27786 663.2 Corrected ...... 13365 651.22 (e)(2), (3) and (f) revised, (i) 663.6 (a) corrected ...... 13365 added...... 24728 663.7 (b) corrected ...... 13365
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued (n), (o) and (p) added; effective (a)(2)(iv) and (h)(2)(i) suspended; to 12-31-91 ...... 43724 (a)(2)(v), (h)(2)(iii) and (iv) 663.23 (b)(2) and (c)(1)(i)(F) added; interim emergency ef- through (H) added; (c)(1)(i)(E) fective through 9–17–91 ...... 28116 amended ...... 2867 (f)(1) and (3) suspended; new (b)(3) added; effective to 12-31-91 (f)(3), (g)(4) and (5) added; in- ...... 43724 terim emergency effective (b)(4) added; interim emergency through 11–12–91...... 38349 effective to 1–2–92 ...... 50065 Regulation at 56 FR 28116 effec- tive date extended through 12– 663 Appendix corrected ...... 13365 16–91...... 47425 669.7 (h) and (i) revised ...... 48756 Regulations at 56 FR 38349 effec- 669.24 (a) revised; (a)(3) effective tive date extended through 12- through 9–13–93 ...... 48756 31-91; interim ...... 57989 672 Temporary regulations ....1936, 5158, 672.23 (c) revised ...... 13419 6992, 8146, 8730, 9635, 12852, 13766, 14652, (d) added; interim emergency ...... 50282 15518, 16024, 19042, 20144, 21329, 22121, (d) removed...... 54798 22829, 24351, 27465, 28112, 28499, 28500, 672.24 Figure 2 redesignated as 29443, 31547, 32119, 32983, 33885, 35835 Figure 2 to Part 672 ...... 2706 Specifications ...... 8723 (b) and (c) redesignated as (c) Technical correction...... 13786, 50157, and (d); new (c) amended; new 56116, 56943 (b) added ...... 2707 Inseason adjustments ...... 36739 (e) added; interim emergency ef- Temporary regulations .....47700, 49431, fective through 9–17–91 ...... 28116 51179, 51848, 52213, 55096 Regulation at 56 FR 28116 effec- Recordkeeping and reporting re- tive date extended through 12– quirements ...... 50279 16–91...... 47425 672.1 (d) added ...... 2706 672.26 Added; interim...... 21625 672.2 Figure 1 redesignated as 672.27 (c)(1) and (2) revised; (f) Figure 1 to Part 672; amend- added...... 30876 ed...... 2706 672 Figures 1 and 2 redesignated Amended; interim ...... 9640 from 672.2 Figure 1 and 672.24 Amended; interim emergency Figure 2...... 2706 effective through 9–17–91...... 28116 Figures 3 and 4 added ...... 2708 Amended; interim emergency Figure 1 revised; interim...... 9643 effective through 11–12–91 ...... 38349 675 Temporary regulations ...... 30, 6993, 7314, 10521, 11697, 19043, 21450, 22830, Regulation at 56 FR 28116 effec- 23025, 26620, 28500, 30699, 33210, 40810, tive date extended through 12– 41309 16–91...... 47425 Specifications ...... 6290 Regulations at 56 FR 38349 effec- Apportionments ...... 12853, 40809 tive date extended through 12- Inseason adjustments...... 32338 31-91; interim ...... 57989 Technical correction ...... 43964 672.5 (b)(2), (3) and (4)(i)(C), (G) Temporary regulations .....45901, 47700, and (c) revised; interim...... 9640 49149, 52214, 55097 672.6 Removed ...... 14481 675.2 Amended...... 385, 2711 672.7 (e) added ...... 499 Amended; interim; eff. to 4–15–91 (f) added; interim...... 21625 ...... 5661 672.20 (a)(2) redesignated as Amended; interim ...... 9645 (a)(2)(i); (a)(2)(ii) and (i) added; Figure 1 redesignated as Figure (c)(1) and (2) revised ...... 499 1 to Part 675 (f)(1), (2)(i), and (ii) revised; Amended ...... 30516, 32988 (f)(2)(iii) and (iv) redesignated Amended; interim emergency as (f)(2)(iv) and (v); new (f)(2) effective through 11–12–91 ...... 38350 heading and (iii) added ...... 2706 Regualtion at 56 FR 38350 cor- (a)(2) revised; Table 1 added ...... 5776 rected; effective to 11–12–91...... 46392
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued 675.5 (b)(2), (3), (4)(i)(C), (G) and (c) introductory text, (1) and (2) (c) revised; interim...... 9645 redesignated as (c)(1) intro- (c)(1)(i) corrected; (c)(2)(iii)(I) ductory text, (i) and (ii); new correctly amended; interim...... 15052 (c)(1) introductory text re- 675.7 (f) added...... 500 vised; new (c) introductory (c) and (d) added ...... 2711 text and (2) added ...... 32989 (g) added; interim ...... 21627 Regulation at 56 FR 28116 effec- 675.20 (h)(2) through (5) redesig- tive date extended through 12– nated as (h)(3) through (6); 16–91...... 47425 (h)(1) and new (h)(6) revised; 675.25 (c)(1) and (2) revised; (f) new (h)(2) added ...... 385 added...... 30876 (a)(2) redesignated as (a)(2)(ii) 675.26 Added; interim...... 21627 and revised; (a)(2)(i) and (j) 675 Figures 2, 3 and 4 added...... 2709 added; (a)(7) and (8) revised...... 500 Figures 3 and 4 redesignated as Figures 4 and 5; new Figure 3 (b)(1)(ii) revised; (e)(1)(iii) and added ...... 32989 (2)(ii) amended; (e)(4) added ...... 2711 680.2 Amended ...... 59895 (a)(13) added; (i)(2) revised; ef- 680.4 (b) and (d) through (h) re- fective to 4–15–91 ...... 5662 vised...... 59895 (a)(2) revised ...... 5776 681.7 (b)(1) suspended; new (b)(7) (e)(2) introductory text and (f) and (8) added; interim; effec- revised; (e)(3) and (4) redesig- tive to 8–12–91...... 21962 nated as (4) and (5); (e)(1)(iv), Regulation at 56 FR 21962 effec- (3) and (6) added ...... 32988 tive date extended to 11–10–91 (h)(1) and (2) suspended; (h)(7) ...... 36012 and (i)(3) added; interim emer- 683 Technical correction...... 27298 gency effective through 11–12– 683.2 Regulation at 56 FR 49051 ef- 91 ...... 38350 fective date extended to 5–25– (h)(6) and (i)(2) correctly sus- 91 ...... 5159 pended; (h)(8) correctly added; amended ...... 24354 interim emergency effective 683.6 Regulation at 56 FR 49051 ef- through 11–12–91...... 46392 fective date extended to 5–25– 675.21 Added ...... 2712 91 ...... 5159 Table 2 removed ...... 2714 (i), (j) and (k) added ...... 24354 Heading, (c)(2)(i), (ii), (iii) and 683.21 Regulation at 56 FR 49052 (iv) revised; interim...... 21627 effective date extended to 5–25– (b)(4)(i) through (v) redesig- 91 ...... 5159 nated as (b)(4)(ii) through (vi) (a)(4), (b), (d), (e)(2) and (g) re- and (c)(3) and (4) redesignated vised ...... 24355 as (e) and (f); (b)(4) introduc- 683.29 Regulation at 56 FR 49052 tory text, new (b)(4)(ii) effective date extended to 5–25– through (v) and (c) heading re- 91 ...... 5159 vised; (a)(6), (b)(4)(i) and (d) Added ...... 24355 added ...... 32988 685.1 (a) revised...... 24734 (c)(2)(v) added; interim emer- Effective date corrected ...... 37024 gency effective through 11–12– 685.2 Regulation at 56 FR 49287 ef- 91 ...... 38350 fective date extended to 5–25– 675.22 (a) through (e) added; (f) 91 ...... 5159 amended ...... 2713 Amended; interim emergency; 675.23 (a) revised; (c) added ...... 386 effective to 7–22–91...... 14868 675.24 (a), (b), (c), and (d) redesig- Amended; interim emergency nated as (c)(1), (2), (d), and (a); effective to 7–15–91...... 15843 new (b) and (c) introductory Corrected...... 23735 text added ...... 2714 Amended ...... 24735 (f) added; interim emergency ef- Amended; interim emergency fective through 9–17–91 ...... 28116 effective to 8–19–91...... 28118
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 56 FR 14868 effec- Regulation at 56 FR 14868 effec- tive date extended to 10–9–91.....28718 tive date extended to 10–9–91.....28718 Effective date corrected .....31689, 37024 Effective date corrected ...... 37024 Regulation at 56 FR 15843 effec- 685.10 Regulation at 56 FR 49288 tive date extended to 10–13–91; effective date extended to 5–25– amended; effective to 10–13–91 91 ...... 5159 ...... 33212 Added ...... 24736 Regulations at 56 FR 28118 and Effective date corrected ...... 37024 31689 effective date extended 685.11 Regulation at 56 FR 49288 to 12–16–91...... 47701 effective date extended to 5–25– Amended; effective to 4–22–94 ...... 51852 91 ...... 5159 Amended ...... 52217 Added ...... 24737 685.4 Regulation at 56 FR 49287 ef- Effective date corrected ...... 37024 fective date extended to 5–25– Heading, (a), (b) and (c) revised 91 ...... 5159 ...... 52217 Revised (OMB number pending) 685.12 Added ...... 24737 ...... 24735 Effective date corrected ...... 37024 Effective date corrected ...... 37024 685.13 Added (OMB number pend- 685.5 Regulation at 56 FR 49287 ef- ing) ...... 24737 fective date extended to 5–25– Effective date corrected ...... 37024 91 ...... 5159 685.14 Added (OMB number pend- (m) through (p) added; interim ing) ...... 15843 emergency; effective to 7–22– Regulation at 56 FR 15843 effec- 91 ...... 14868 tive date extended to 10–13–91 (i) suspended; (q) and (r) added ...... 33212 effective to 7–15–91...... 15843 Added ...... 52217 (m) through (r) redesignated as 685.15 Added; interim emergency; (o) through (t); (d) revised; effective to 7–22–91 ...... 14868 new (e) through (n) added Regulation at 56 FR 14868 effec- (OMB number pending)...... 24735 tive date extended to 10–9–91.....28718 (a)(2), (b) and (c)(1) revised; (u) added; interim emergency; (c)(2) redesignated as (c)(3); effective to 8–19–91...... 28118 new (c)(2) and (4) added; in- Regulation at 56 FR 14868 effec- terim emergency; effective to tive date extended to 10–9–91.....28718 10–9–91...... 28719 Effective date corrected .....31689, 37024 (a)(1)(iii) added; interim emer- Regulation at 56 FR 15843 effec- gency; effective to 10–9–91...... 37301 tive date extended to 10–13–91 Added; effective to 4–22–94 (OMB ...... 33212 number pending)...... 51852 Regulations at 56 FR 28118 and OMB number ...... 58516 31689 effective date extended (c)(6) corrected ...... 63550 to 12–16–91...... 47701 685.16 Heading added; effective to (l) removed; (m) and (n) redesig- 4–22–94 ...... 51853 nated as (l) and (m); new (n) 685.17 Added; efffective to 4–22– through (q) added; effective to 94...... 51853 4–22–94...... 51852 685.18 Added; emergency interim; (u) revised; emergency interim; effective to 12–16–91...... 59897 effective to 12–16–91 ...... 59897 695 Added ...... 378 (r) and (s) added ...... 52217 685.9 Regulation at 56 FR 49288 ef- fective date extended to 5–25– 1992 91 ...... 5159 50 CFR 57 FR (a) temporarily suspended; (l) Page added; interim emergency; ef- Chapter VI fective to 7–22–91...... 14868 600—699 (Chapter VI) Policy Existing text removed; new 685.9 guidelines for emergency added ...... 24736 rules...... 375
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 601.32 Amended...... 379 Regulations at 56 FR 63690 and 601.33 (c), (e) and (h) revised...... 379 57 FR 213 effective date ex- 601.39 (a) revised ...... 380 tended through 6–3–92...... 8582 603.1 Revised ...... 47801 625.7 Regulation at 56 FR 63690 ef- 603.2 Amended ...... 47801 fective date extended through 603.3 Amended ...... 47801 3–5–92...... 213 603.5 Revised ...... 47801 Technical correction...... 6297 603.6 (a) introductory text Regulations at 56 FR 63690 and amended...... 47801 57 FR 213 effective date ex- 603.7 Nomenclature change...... 47801 tended through 6–3–92...... 8582 605.15 (b)(2) through (4) redesig- 625.8 (a)(8) suspended; (a)(12) nated as (b)(3) through (5); new added; interim; effective to 3– (b)(2) added ...... 380 9–93...... 58151 605.23 (d) introductory text re- 625.24 Regulations at 56 FR 63691 vised; (d)(2) redesignated as and 66603 effective date ex- (d)(3); new (d)(2) added...... 380 tended through 3–5–92 ...... 213 605.24 (a)(2) amended; (a)(3)(i), Technical correction...... 6297 (5)(i) introductory text, (ii), Regulations at 56 FR 63690, 66603 and (7)(i) revised; (a)(3)(v) and 57 FR 213 effective date added...... 380 extended through 6–3–92 ...... 8582 611 Specifications ...... 1654, 2844, 3952 (b)(1) suspended; (b)(3) added; in- 611.2 Amended ...... 48566 terim; effective to 3–9–93...... 58151 611.1—611.16 (Subpart A) Appen- 625.26 Regulation at 56 FR 63691 dixes A and D amended ...... 48566 effective date extended 611.20 (c) amended...... 48566 through 3–5–92 ...... 213 611.22 (a) and (c) amended; (b)(1) Regulations at 56 FR 63691 and revised ...... 27370 57 FR 213 effective date ex- 611.50 (b)(2) revised; (b)(4) Table 1 tended through 6–3–92...... 8582 removed ...... 535 630 Temporary regulations ...... 14361, 611.81 Heading, (a), (b), (c), (j)(2), 29447, 32452, 33458 (3) and (4) introductory text re- 630.7 (s), (t) and (u) amended ...... 34265 vised; (h)(4) removed; (j)(9) 630.24 (i) added eff. 8–4–92 through added...... 48566 12–31–92; (b)(1) and (c) re- (j)(5)(i), (ii), (iv), (6)(ii) and (iv) vised...... 34266 amended ...... 48567 630.25 (a)(1) and (b) amended; (d) (a) corrected ...... 53966 revised ...... 34266 620.7 (i) added; interim emer- 640.1 Revised ...... 56518 gency effective to 5–12–92 ...... 5079 640.2 Amended ...... 56518 (i) corrected ...... 9076 640.4 Revised ...... 56518 Regulation at 57 FR 5079 effec- 640.6 Revised ...... 56519 tive date extended through 8– 640.7 Revised ...... 56520 10–92...... 20788 640.20—640.24 (Subpart B) Re- 625 Revised ...... 57369 vised...... 56520 625 Technical correction ...... 4248 641 Temporary regulations ...... 6561 625.4 Regulation at 56 FR 63690 ef- 641.2 Amended ...... 11915 fective date extended through 641.4 (a)(2) and (b)(2)(xi) revised; 3–5–92...... 213 (g) amended; (l) added; effec- Technical correction...... 6297 tive to 5–7–95 ...... 11916 Regulations at 56 FR 63690 and (m) and (n) added; interim; ef- 57 FR 213 effective date ex- fective to 3–30–93...... 62239 tended through 6–3–92...... 8582 641.6 (d) revised...... 41893 625.5 Regulation at 56 FR 63690 ef- 641.7 (u) added; interim; effective fective date extended through to 3–30–93 ...... 62237 3–5–92...... 213 (v) and (w) added; interim; effec- Technical correction...... 6297 tive to 3–30–93 ...... 62239
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 641.21 (d) added; interim; effec- (a)(2) corrected ...... 11137 tive to 3–30–93...... 62239 646.21 (d) revised...... 7892 641.24 (a)(2)(iv) revised; (a)(4) and (g) amended; (h) and (i) revised (5) added ...... 11916 ...... 33128 641.25 (b) and (c) revised ...... 11916, 21752 646.24 Revised ...... 33128 641.28 Redesignated as 641.29; new 646.28 Added; emergency interim; 641.28 added...... 11916 effective through 11–30–92 ...... 39366 641.29 Redesignated from 649 Specifications...... 30684 641.28 ...... 11916 649.20 (b) revised ...... 215 Added; eff. 4–3–92 through 5–14– 649.21 (c)(1) and (2) revised; (c)(3) 92 ...... 11918 added...... 215 641.30 Added; interim; effective to 650 Temporary regulations ...4377, 21752 3–30–93 ...... 62237 651 Temporary regulations ...... 20788 (b) suspended; (c) added; in- 651.20 (e)(2) revised ...... 48473 terim; effective to 3–30–93 ...... 62239 652 Temporary regulations .....844, 55148 642 Temporary regulations ....1662, 4376, Fishing quotas ...... 3725 47998 653.2 Amended; eff. 10–2–92...... 40135 642.1 (a) amended ...... 58153 653.3 (c) removed; eff. 10–2–92 ...... 40135 642.2 Amended ...... 58153 653.7 (d) revised; eff. 10–2–92 ...... 40135 642.4 Revised; interim...... 11583 (b)(2)(v) revised...... 27005 653.22 Heading revised; eff. 10–2– (a)(1)(i), (ii), (b)(2)(vi) revised; 92...... 40135 (b)(3) amended ...... 58153 653.24 Revised; eff. 10–2–92 ...... 40135 642.5 (b) introductory text 655 Temporary regulations ...... 32923 amended; interim ...... 11585 Specifications ...... 54189 (a) introductory text, (3) and (b) 655.22 (a), (b), (c) and (d) revised; introductory text amended; (f) redesignated as (g); new (f) (e) and (f) revised ...... 58154 added...... 536 642.6 (a) introductory text re- 656.2 Amended ...... 19096 vised...... 58154 657.2 Amended...... 5238 642.7 (f) and (v) amended; in- 658 Temporary regulations ...... 29447 terim...... 11585 661 Inseason adjustments ...31666, 32924, Revised...... 58154 34085, 34883, 35764, 36021, 37906, 39626, 642.20—642.30 (Subpart B) Re- 40136, 40622 vised...... 58154 Temporary regulations .....32741, 33128, 642.21 (a)(1) introductory text, (i), 33279, 34884, 36607, 36608, 40135, (ii) and (b)(1) amended...... 43154 41705, 42512, 43621, 44135, 45751 642.28 (a)(1)(i) through (iv) and (3) Appendix amended; eff. to 8–4–92 revised ...... 43154 ...... 19404 642 Appendix A redesignated in 662 Harvest quotas...... 48191 part as part 642 Figures 1 and 2; 663 Specifications ...... 1654 remaining text removed ...... 58157 Reassessment ...... 45987 646 Temporary regulations ...... 56522 Temporary regulations .....10429, 21041, 646.4 Revised ...... 7888 40136, 42898, 47413, 57377 (a)(1)(iii) corrected; (d) cor- Restrictions....14666, 23065, 34266, 46097, rectly designated...... 11137 49425 646.5 (a) and (c) revised ...... 7890 Regulation at 57 FR 10429; effec- 646.6 (a) introductory text re- tive date corrected ...... 41112 vised ...... 7890 663.7 (n) and (o) added; interim (d) revised...... 41893 emergency; eff. 4–15–92 to 7–16– 646.7 Revised ...... 7890 92...... 13665 (kk) corrected...... 28907 (p) added ...... 20060 (w) and (x) revised...... 33128 (p) corrected ...... 22021 (nn) added; emergency interim; Regulation at 57 FR 13665 effec- effective through 11–30–92 ...... 39366 tive date extended through 10– 646.10 Added ...... 7891 19–92...... 32181
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 57 FR 13665 effec- 672.4 (j) added...... 33904 tive date extension corrected Regulation at 57 FR 33904 with- to through 10–14–92 ...... 35765 drawn; (j) added ...... 35488 (q), (r), (t) and (u) added; eff. 1–1– 672.5 (b)(3)(ii)(A)(11) and 94; (s) added ...... 54006 (c)(2)(iii)(I) amended; 663.22 (b)(2) through (5) revised; (c)(3)(ii)(F) revised ...... 10432 (b)(7) removed...... 12212 672.6 Added ...... 10432 (b)(2) corrected ...... 28907 672.7 (g) added ...... 23344 663.23 (b)(3) revised...... 2853 (h) and (i) added...... 33904, 35489 (b)(2) revised; interim emer- Regulation at 57 FR 33904 with- gency; eff. 3–27–92 through 7–1– drawn ...... 35488 92 ...... 11272 (g), (h) and (i) redesignated as (b)(5) added; interim emergency; (h), (i) and (j); new (g) added .....43931 eff. 4–15–92 to 7–16–92 ...... 13665 (g) revised...... 55149 (b)(4) added; interim emergency; (h)(1) and (2) revised ...... 61340 eff. 4–16–92 through 7–21–92...... 14665 672.20 (a)(2)(iv), (h)(2) and (i)(4) re- (b)(1) revised...... 20060 vised ...... 2686 Regulation at 57 FR 13665 effec- (a)(1), (c)(2) and (3) amended; tive date extended through 10– (c)(6), (d)(1)(i), (e)(4) and 19–92...... 32181 (g)(1)(i) revised; (g)(3) redesig- Regulation at 57 FR 14665 effec- nated as (g)(4); new (g)(3) tive date extended through 10– added; Table 1 removed...... 10433 19–92...... 32924 (f)(1)(i), (g)(4) and (h)(2) sus- Regulation at 57 FR 13665 effec- pended; (f)(1)(vi), (g)(5), (6), (7) tive date extension corrected and (h)(3) added; interim to through 10–14–92 ...... 35765 emergency eff. 3–30–92 through 663.30—663.43 (Subpart C) 7–2–92 ...... 11439 Added ...... 54006 (g)(3), (4), (5) and (6) correctly 663 Appendix amended ...... 20060, 54012 designated as (g)(4), (5), (6) and Appendix A corrected ...... 22021 (7); (g)(7) corrected ...... 14667 671 Added; interim...... 57115 (g)(5) revised; interim; eff. 5–20– 671.2 Corrected ...... 60029 92 through 7–2–92...... 21356 671.20 Corrected...... 60029 (c)(1)(i) and (ii) redesignated as 672 Temporary regulations ....2854, 3142, (c)(1)(i)(A) and (B); (a)(2)(v), 3960, 4939, 6564, 8280, 8583, 8849, 10142, (c)(1)(i) heading and (c)(1)(ii) 10297, 11274, 11433, 11918, 18835, 19552, added; (c)(2) revised ...... 23344 21215, 22182, 23163, 23346, 23965, 24381, Regulation at 57 FR 11439 eff. 24559, 24992, 26781, 27709, 29222, 29223, date extended to 9–30–92...... 29223 29806, 30685, 30924, 31331, 31971, 32453, (f)(1)(ii), (2)(i), (g)(1) and (2) re- 33902, 35489, 35765, 37478, 45580, 45988, vised; (g)(3) removed; (g)(4) re- 46510, 47277, 47572, 47010, 52594, 52737 designated as (g)(3) ...... 33282 Specifications...... 2844, 30168 (g)(2) and (3) redesignated as Recordkeeping and reporting re- (g)(4) and (5); (f)(1)(i), (iii), quirements ...... 2853, 6688, 11274 (iv), (v), (2)(iii) introductory Technical correction...... 20325, 35004, text, new (g)(5), and (h)(2) re- 40255, 49653 vised; (f)(2)(ii) and (v) intro- Prohibition of retention....34884, 40137, ductory text amended; new 46344, 46816, 48568, 56860 (g)(2) and (3) added...... 43932 Fishery management measures (a)(2)(v)(C) removed; (a)(2)(v)(A) ...... 61586 and (B) revised...... 61340 672.1 (d) revised...... 33281 672.22 (a) revised; (b) and (c) redes- 672.2 Amended....2686, 10432, 23344, 33281, ignated as (c) and (d); new (b) 33904, 37908, 43622 added...... 43932 Regulation at 57 FR 33904 with- 672.23 (d) added ...... 382 drawn; amended...... 35488 (d) removed ...... 2686 Amended ...... 61340 (d) corrected...... 4085
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued (d) added; interim emergency; (j) and (k) redesignated as (k) eff. 3–30–92 through 5–31–92...... 11274 and (l); new (j) added...... 54942 (a) suspended; (e) and (f) added; (h) revised...... 55149 interim emergency eff. 3–30–92 (i) revised ...... 61341 through 7–2–92...... 11439 675.20 (a)(1) amended; (h)(3)(iii) Regulation at 57 FR 11439 eff. revised; Table 1 removed ...... 10435 date extended to 7–2–92 ...... 29223 (h)(1), (6) and (i)(2) suspended; (a) revised; (d) and (e) added ...... 43933 (h)(7), (8) and (i)(3) added; in- 672.24 (e) added ...... 2686 terim emergency eff. 3–30–92 (a)(2) revised...... 10434 through 7–2–92...... 11440 (e)(2) corrected ...... 15031 (a)(2)(iii), (3)(i), (ii) and (iii) (c)(1) and (2) revised; (c)(4) added added ...... 23346 ...... 37908 Regulation at 57 FR 11440 eff. (d)(1) introductory text and (2) date extended to 9–30–92...... 29223 introductory text revised ...... 43623 (h)(1) and (i)(2) revised ...... 43934 672.26 (a)(2)(ii) and (b) revised; eff. (a)(3)(i), (ii) and (iii) revised; 1–20–93 ...... 43933 (a)(7)(i) and (ii) amended; 672 Figure 1 revised; figures 2, 3 (e)(2)(iv) added...... 54942 and 4 redesignated as figures 4, (a)(2)(iii) introductory text re- 2 and 3 ...... 43623 vised ...... 61341 675 Temporary regulations ....2854, 3142, 675.21 (a)(5), (b), (c), (d), (e) and (f) 5238, 6203, 6688, 8583, 8584, 12213, 14667, suspended; (a)(7), (g), (h), (i) 18093, 20207, 20655, 23347, 24381, 24560, and (j) added; interim emer- 27710, 29656, 29806, 29807, 30924, 31129, gency eff. 3–30–92 through 7–2– 33904, 35489, 37731, 39138, 42710, 43154, 92...... 11440 44341, 46511, 53452, 58726 (h)(1) and (2) revised; interim; Apportionment ...... 215, 27185, 32925, eff. 5–20–92 through 7–2–92 ...... 21356 53035, 58158 Inseason adjustments ...... 2688 Regulation at 57 FR 11440 eff. Recordkeeping and reporting re- date extended to 9–30–92...... 29223 quirements ...... 2856, 19819, 57692 (a)(5) suspended 9–30–92 to 12–31– Specifications ...... 3952 92; (b) heading, (1), (2), (4), (c) Inseason adjustments; correc- and (d) revised; (e) and (f) re- tion ...... 8850, 9599 moved; (a)(7) and (8) added...... 43934 Technical correction...... 20325, 49653 (c)(2)(ii) corrected...... 49750 Fishery management measures (a)(8) and (9) redesignated as ...... 29223, 39138 (a)(7) and (8); (d) amended ...... 55150 Prohibition of retention ...... 57377 675.22 (f) revised...... 10435 675.2 Amended ...... 10434, 23345, 33904, (g) added ...... 23346 35489, 37908, 43625 (f) revised ...... 43627 Regulation at 57 FR 33904 with- (g) revised ...... 54942, 61341 drawn ...... 35488 675.23 (d) added ...... 382 Amended ...... 54942, 61341 (d) removed ...... 2687 675.4 (j) added...... 33904, 35489 (d) corrected...... 4085 Regulation at 57 FR 33904 with- (a) revised; (d) added...... 43935 drawn ...... 35488 675.24 (f) added...... 2687 675.5 (b)(3)(ii)(A)(11) introductory (c)(1)(i) and (f)(1) heading re- text and (c)(2)(iii)(I) amended; vised ...... 10435 (c)(3)(ii)(F) revised ...... 10434 (f)(1)(ii) and (2)(ii) corrected ...... 15031 675.6 Added ...... 10435 (c)(2)(ii) corrected...... 15032 675.7 (h) added...... 23346 (c)(2)(iii) added; interim emer- (i) and (j) added ...... 33904, 35489 gency eff. 5–21–92 through 8– Regulation at 57 FR 33904 with- 25–92...... 22185 drawn ...... 35488 (c)(3) added ...... 37908 (h), (i) and (j) redesignated as Regulation at 57 FR 22185 eff. (i), (j) and (k); new (h) added .....43933 date extended to 11–23–92 ...... 39138
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 675.26 (a)(2)(ii)(A), (B), (b) and Table corrected ...... 53966 (d)(3) suspended; (a)(2)(ii)(C), 685.4 (a), (b)(7), (8) and (c)(9) (D), (d)(4) and (e) added; in- amended...... 48568 terim emergency eff. 5–21–92 685.5 (t) added...... 7664 through 8–25–92 ...... 22185 (t) revised ...... 45991 Regulation at 57 FR 22185 eff. (a), (b), (d) through (g), (n), (o) date extended to 11–23–92 ...... 39138 and (r) amended ...... 48568 (a)(2)(ii)(A), (B), (b), (d)(3)(i)(A), 685.8 (a) amended ...... 48568 (B) and (C) revised; eff. 1–20–93 685.9 (a) amended ...... 48568 ...... 43935 685.13 Amended...... 48568 (b)(4) and (d)(3)(i)(A)(1) cor- 685.15 (a), (c)(1) and (2) amend- rected ...... 49750 ed ...... 48568 675.27 Added ...... 54943 685.22 Revised ...... 48568 675 Figure 2 revised...... 10436 685.23 Amended...... 48568 Figure 3 revised ...... 43626 685.24 Added ...... 7664 681 Interim final quota ...... 21752 Redesignated as 685.26; new Final quota...... 41112 685.24 added...... 45992 681.2 Amended ...... 10438 685.25 Added ...... 7664 681.4 (a)(1), (b) and (d) through (h) (a)(2), (3) and (4) amended ...... 48568 revised ...... 10439 685.26 Redesignated from 681.5 (b)(2)(ix) redesignated as 685.24 ...... 45992 (b)(2)(x); (c)(3)(iii) and (iv) re- vised; new (b)(2)(ix), (c)(3)(v) 1993 and (d) added...... 10439 50 CFR 58 FR 681.6 (a), (b) and (c) amended...... 10439 Page 681.7 (b)(1), (c)(1)(i), (ii), (2), (3) Chapter VI and (4) revised; (b)(7) through 601.32 Revised ...... 29554 (13) added...... 10439 605.24 (a)(3)(i) amended ...... 50288 681.24 (e) through (g) added...... 10440 Comment period extended to 11- 681.29 Added ...... 10440 26-93; interim ...... 57968 681.30 Redesignated as 681.40; new 611 Specifications ...... 2991, 33778 681.30 added...... 10440 Apportionment ...... 8712 681.31 Redesignated as 681.41 ...... 10440 Technical correction...... 16446, 17642, Added ...... 10441 21218, 38167 681.32 Redesignated as 681.42 ...... 10440 Fishery management measures Added ...... 10442 ...... 16787 681.33 Redesignated as 681.43 ...... 10440 611.1—611.16 (Subpart A) Appen- 681.34 Redesignated as 681.44 ...... 10440 dix C amended; eff. 10–25–93...... 49439 681.35 Redesignated as 681.45 ...... 10440 611.60 (a) revised; (d) amended ...... 21943 681.40 Redesignated from 611.61 Heading, (a), (b)(1), (2) in- 681.30 ...... 10440 troductory text, (c)(3) and (e) 681.41 Redesignated from revised; (d) removed...... 21944 681.31 ...... 10440 611.81 (d) revised ...... 14171 681.42 Redesignated from (i) and (k) removed; (j) redesig- 681.32 ...... 10440 nated as (i); new (i)(1) re- 681.43 Redesignated from moved; new (i)(2) through (9) 681.33 ...... 10440 redesignated as (i)(1) through 681.44 Redesignated from (8); new (i) heading, (i)(3)(i), 681.34 ...... 10440 (ii) and (5) introductory text 681.45 Redesignated from revised; (b), (i)(1), (2), (3)(iv), 681.35 ...... 10440 (6)(i), (ii) and (7) amended; eff. 683 Technical correction...... 40255 10–25–93 ...... 49441 683.23 Revised ...... 36908 625 Specifications ...... 5658 685 Technical correction...... 10062 Harvest quota...... 8557, 21261, 27215, 685.1 (a) and (b) revised...... 48567 41191, 59196, 61844, 62050, 65134, 685.2 Amended...... 7664, 45991, 48568 68555
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued 625.2 Amended ...... 65937 640.23 (a) revised; (b) through (g) 625.4 (b)(1)(ii) corrected ...... 11381 redesignated as (c) through (h); 625.5 (b)(1) corrected ...... 11381 new (b) added; new (d) through (h) amended...... 38980 625.6 (a)(2), (b) and (c) revised; eff. 641 Temporary regulations ...... 29556 1–1–94...... 35894 641.4 (m) and (n) added; interim; 625.8 Regulation at 57 FR 58151 ef- effective through 6–28–93...... 13561 fective date extended through (m) and (n) added; effective 4–30–93 ...... 13560 through 12–31–94...... 33027 (c)(2) through (10) redesignated (n)(1) revised; (n)(3) added; eff. as (c)(4) through (12); (a)(3), (7) in part 1-1-94 through 12-31-94 and new (c)(6) revised; (c)(2) and 1-1-94 through 2-9-94 ...... 68326 and (3) added...... 40074 641.7 (u) and (v) added; interim; ef- 625.20 (d)(1) suspended; (d)(3) fective through 6–28–93...... 13561 added; interim; effective to 8– (u) and (v) added; effective 5–93...... 27215 through 12–31–94...... 33027 (d)(3) table corrected ...... 31234 (u) revised; (w) and (x) added; Regulation at 58 FR 27215 effec- eff. in part 1-1-94 through 12- tive date extended through 11- 31-94 and 1-1-94 through 2-9-94 3-93 ...... 39680 ...... 68326 (a)(8) and (9) redesignated as (9) 641.21 (d) added; interim; effec- and (10); new (a)(8) and (b)(8) tive through 6–28–93 ...... 13561 added ...... 40074 (d) added; effective through 12– (f) added; effective through 11– 31–94...... 33027 24–93...... 45076 (d) heading revised; (d)(4) and (5) (d)(1) revised; (d)(3) added; eff. added; eff. 1-1-94 through 12-31- 10–25–93 ...... 49940 94 ...... 68326 641.25 (a) revised ...... 16372 Regulation at 58 FR 27215 and 641.26 Revised ...... 29555 39680 terminated; regulation 641.30 Added; eff. 1-1-94 through 2- at 58 FR 49940 corrected ...... 52685 9-94 ...... 68326 Regulation at 58 FR 45076 eff. 642 Temporary regulations ...... 4093, date extended through 12-31-93 11198, 16785, 51579, 68327 ...... 62556 Fishery management measures (f) added...... 65937 ...... 4599 625.24 Regulation at 57 FR 58151 642.7 (a) corrected...... 3330 effective date extended (u) added; interim...... 10991 through 4–30–93 ...... 13560 (u) added...... 58511 (a), (b)(1) and (e) revised ...... 40074 642.21 (b) corrected ...... 3330 625.25 (d) revised; eff. 10–25–93 ...... 49940 642.24 (a)(1)(iv) revised ...... 45847 (d) revised...... 65938 642.25 (b)(2) amended...... 45847 625.27 (e)(2) corrected...... 11381 (a)(1)(i) suspended; (a)(1)(iii) 630 Temporary regulations ...... 32311, added; interim; eff. through 1- 37443, 42880 3-94 ...... 51791 630.24 (b)(1)(i) and (ii) revised; in- Regulation at 58 FR 51791 eff. terim...... 33569 date extended to 3-31-94 ...... 69273 642.26 (a) amended; (b) introduc- Regulation at 58 FR 33569 con- tory text revised ...... 29555 firmed...... 58509 642.27 (b) amended...... 29555 638.25 Revised ...... 29555 (a)(2)(ii) introductory text, (iii) 640.2 Amended ...... 38979 and (b) revised ...... 45847 640.7 (g) amended; (l) and (p) 642.28 Amended...... 29555 through (s) revised...... 38979 642.31 Added; interim...... 10991 (n) amended ...... 61845 Added ...... 58511 640.20 (b) revised ...... 38980 646 Technical correction...... 38813 640.22 (a)(2) amended...... 38980 646.2 Amended; interim ...... 11981
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 58 FR 11981 con- Temporary regulations ...... 59197 firmed...... 36156 652.8 (c)(19) revised; (c)(20) redes- 646.4 (a)(1)(i), (iv), (b)(2)(vi) intro- ignated as (c)(23); new (c)(20), ductory text, (A), (C) and (e) (21) and (22) added...... 14342 amended...... 11984 652.9 (a) revised; (b) and (c) redes- (b)(3) amended ...... 21112 ignated as (e) and (f); new (b), (c)(3) amended ...... 35896 new (c) and (d) added ...... 14342 (i) amended...... 41438 655 Specifications...... 38980 646.6 (b) introductory text and (d) 657 Correctly designated...... 41325 through (g) amended...... 11984 646.7 (a) and (z) amended; (aa), 658 Temporary regulations ...... 35897 (bb) and (cc) revised ...... 11981 658.22 Existing text designated as Regulation at 58 FR 11981 con- (a); new (b) added ...... 17170 firmed...... 36156 658.25 (b)(2), (3) and (4) introduc- (o), (w), (gg) and (ii) amended ...... 41438 tory text revised ...... 29556 646.22 (c) and (g)(1)(iii) revised...... 11981 659 Added ...... 57751 (g)(1)(i)(A) revised ...... 21112 661 Appendix amended; interim; Regulation at 58 FR 11981 con- effective to 5–31–93 ...... 26932 firmed...... 36156 Appendix amended; effective to 646.23 (a)(2) revised; (c)(2) intro- 8–4–93 ...... 31679 ductory text amended...... 11982 appendix amended ...... 68064 Regulation at 58 FR 11982 con- Inseason adjustments...... 39161, 48001, firmed...... 36156 50524, 53143 646.26 (b) amended...... 11982 Regulation at 58 FR 31679 effec- (a)(22) through (29) added; (c)(1) tive through 11–2–93 ...... 42030 introductory text revised; Temporary regulations .....43562, 44776, (c)(4) amended ...... 35896 46093 Regulation at 58 FR 11982 con- Fishery management measures firmed...... 36156 ...... 59197 646 Figure 3 revised...... 11983 662 Harvest quotas...... 38726, 45847 Regulation at 58 FR 11982 con- 663 Restrictions...... 31345, 46094, 47651, firmed...... 36156 52031, 64169 649.20 (b) revised ...... 68556 Specifications ...... 2991 649.21 (d)(1)(iii) revised ...... 34001 Fishery management measures 650 Temporary regulations ...... 4944 ...... 21949 Technical correction...... 7040 663.2 Amended; effective to 12–31– 651 Technical correction...... 55116 93...... 21272 651.2 Amended; interim; effective Regulation at 58 FR 21272 effec- through 9–7–93 ...... 32064 tive date corrected to 4–15–93 651.7 (a)(3), (4) and (5) added; in- ...... 31179 terim; effective through 9–7– 93...... 32064 663.7 (n) and (o) added...... 21263 651.20 (g) added; interim; effec- 663.23 (b)(3) and (c)(1)(i)(H) re- tive through 9–7–93...... 32064 vised; (c)(1)(i)(I) added ...... 11985 (e)(2) redesignated as (e)(2)(i); (b)(2) revised ...... 16631 (b)(4) and (e)(2)(ii) added; in- (b)(3) revised...... 21263 terim ...... 49941 (b)(4) added; effective to 12–31–93 651.21 (a)(2) suspended; (a)(5) ...... 21272 added; interim; effective (b)(4)(i) and (v) suspended; through 9–7–93 ...... 32064 (b)(4)(vi) and (vii) added; in- (a)(2) reinstated; (a)(5) removed; terim; effective to 8–9–93...... 27482 interim; effective to 9–6–93 ...... 33345 Regulation at 58 FR 21272 effec- 651.22 (e)(2)(i) table amended...... 33028 tive date corrected to 4–15–93 651.28 Added; interim; effective through 12–31–93...... 31179 through 9–7–93 ...... 32064 663.33 (f)(1)(i) corrected...... 16125 652 Harvest quotas...... 11198 663.35 (a)(3) corrected ...... 3330
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(4) introductory text, (i) and (d)(1) introductory text and (2) (c)(3)(i) amended; (a)(4)(i)(A) introductory text revised; and (B) removed...... 16125 (d)(3) and (4) added...... 39683 663.36 (a)(2) corrected ...... 3330 (e)(1) table and (2) table amend- (a)(4) amended ...... 16125 ed...... 53142 663.41 (a)(2) introductory text and 674.5 Removed; CFR correc- (i) amended; (a)(2)(ii) re- tion ...... 12336 vised...... 49942 675 Temporary regulations .....504, 5662, 663 Appendix amended ...... 21264, 21265 9129, 11199, 11381, 11986, 14173, 15291, 669 Heading revised...... 53146 16374, 17366, 17367, 19213, 21951, 25952, 669.1 Revised ...... 53146 26072, 27216, 28522, 29362, 29564, 29793, 669.2 Amended ...... 53146 30130, 32615, 34380, 34381, 34724, 34932, 669.4 Amended ...... 53148 35897, 42031, 42695, 42758, 43297, 44465, 669.6 (a), (e)(1) introductory text, 45076, 47221, 47833, 50289, 50857, 51253, (2) and (3) amended...... 53148 52033, 52451, 53148, 54529, 58297, 58802, 669.7 Revised ...... 53147 60145, 65292, 65556, 69273 669.20—669.25 (Subpart B) Re- Apportionment...... 8712, 14172, 15291, vised...... 53147 44136, 50856 671 Removed...... 36901 Prohibition of retention .....8713, 39162, Added; interim ...... 38729 59413 672 Temporary regulations ....504, 11985, Recordkeeping and reporting re- 11986, 13214, 16372, 16373, 16797, 17806, quirements ...... 12336 21545, 29564, 30130, 31679, 31680, 32064, Technical correction...... 13826, 16446, 33345, 34002, 34380, 34723, 35897, 37660, 32003, 45377 37870, 37871, 39457, 40602, 41438, 41640, Regulation at 58 FR 50857 eff. 42255, 42694, 42758, 44287, 46095, 52032, date corrected ...... 58593 53668, 60801, 65556 Fishery management measures Fishery management measures ...... 61031 ...... 16787 675.2 Amended ...14527, 37662, 37663, 39683 Technical corrections ...... 21218, 32003, Corrected...... 41325 38167, 44889 675.3 Revised ...... 59402 Specifications ...... 33778 675.5 (c)(2)(i) revised ...... 39683 Prohibition of retention....34723, 39456, 675.7 (m) added...... 28800 40075, 40601, 41191, 42256, 42503, (n) added...... 39683 53148 675.20 (a)(2)(ii) revised...... 30998 Figures 2 and 3 removed; Figure (j)(1) amended; (j)(4) revised ...... 37662 4 redesignated as Figure 2...... 39683 (a)(2)(ii), (iii), (3)(ii), (iii) and (8) Inseason adjustments...... 51791 amended ...... 37663 672.2 Amended ...... 39682, 45850 Corrected...... 41325 Corrected...... 43412 (c)(5) added ...... 45850 672.3 Revised ...... 59401 (j) introductory text and (1) 672.7 (k) added...... 28521 through (5) redesignated as (l) added...... 28800 (j)(1) through (6); new (j)(1), (2) (m) added...... 39683 and (5) revised; (j)(7) added ...... 57753 672.20 (c)(1)(i)(A) and (ii)(A) (a)(3) introductory text revised; amended...... 16787 eff. 1-1-95...... 59402 (e)(5) added ...... 45850 675.21 (b)(4) removed; (b)(2) and (3) (i) introductory text and (1) redesignated as (b)(3) and (4); through (5) redesignated as new (b)(2) added; (a), (b) head- (i)(1) through (6); new (i)(1) ing, (1), new (2), (3)(ii), (iii), and (2) revised; (i)(7) added ...... 57753 (c)(1), (2) and (d) revised...... 14527 672.23 (a) revised; (f) added...... 16787 (b)(3)(iii) corrected ...... 21627 (c) revised ...... 28521 675.22 (g) corrected...... 14172 672.24 (d)(3) and (4) removed...... 504 (a) amended ...... 37663 (f) added ...... 5661 Corrected...... 41325 (e)(2) revised ...... 13563 675.23 (a) revised; (e) added ...... 30998
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50 CFR—Continued 58 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 675.24 (g) added ...... 5662 625 Harvest quotas ...... 257, 3320, 10586, (f)(1)(ii) revised...... 13563 15863, 26971, 29207, 50512, 55822, 60568 Heading, (c)(1)(i), (ii), (d)(1), (2) 625.6 (a)(1) through (4), (b) and (c) and (f)(1) introductory text re- revised; (a)(5) redesignated as vised; introductory text re- (a)(6); new (a)(5) added; in- moved...... 37663 terim...... 11935 (f)(1)(i), (ii), (2)(i) and (ii) tables 625.8 (c)(2) revised; interim ...... 11936 amended ...... 53142 Corrected...... 19146 675.27 (b)(1)(iii) corrected ...... 7040 (a)(6), (7) and (9) revised; (e) (a)(2) amended; (b)(3)(ii)(C), added ...... 28810 (d)(5)(iv)(E) and (g) revised ...... 32876 (c)(11) correctly designated ...... 36720 (b)(1)(ii) and (c)(1) amended ...... 37663 625.20 (c) revised ...... 28810 Corrected...... 41325 625.22 Revised; interim ...... 18757 675 Figure 1 removed; Figures 2 625.24 (c) removed; (d) and (e) re- through 5 redesignated as Fig- designated as (c) and (d); new ures 1 through 4; new Figure 1 (e) and (f) added...... 28810 revised ...... 37663 625.25 (a) revised; interim...... 18757 Figures 4 and 5 removed...... 39683 (d) revised...... 28810 676 Added; eff. in part 1-1-95 ...... 59402 625.28 Added ...... 28811 678 Added ...... 21944 630 Temporary regulations ...... 32136, Temporary regulations ...... 27482, 40076 36090 Harvest quotas ...... 40075 630.7 (q) revised; (y) added ...... 55064 678.2 Amended; interim ...... 68558 630.50—630.52 (Subpart D) 678.4 (j) corrected...... 27336 Added ...... 55064 678.7 (w) effective to 6–30–93...... 21947 638 Temporary regulations ...... 54841 (p) revised; (x) added; interim...... 68558 638.1 Revised ...... 66780 678.21 (c) added; interim ...... 68558 638.2 Amended ...... 66780 678.28 Effective to 6–30–93 ...... 21948 638.3 (a) amended; (c) added ...... 66780 681 Harvest quotas...... 21409 638.4 Revised ...... 66780 683 Technical correction...... 29454 638.5 (o), (p) and (q) added; in- 683.2 Amended ...... 26256 terim; eff. 5–16–94 through 8–14– 683.6 (f) revised ...... 26256 94...... 25345 683.21 (a)(5) added...... 26256 (r), (s) and (t) added; interim ...... 32939 683.25 (a)(5) removed; (a)(6) and (7) (o), (p), (q) and (u) added; in- redesignated as (a)(5) and terim ...... 42533 (6)...... 26256 Regulation at 59 FR 32939 eff. 685 Technical correction...... 17642 date extended through 12–25– 685.5 (l) revised; (u) through (x) 94 ...... 47563 added; interim ...... 67701 Regulations at 59 FR 32939 and 685.11 Revised ...... 67701 685.12 Revised ...... 14171 47563 superseded...... 66780 Technical correction ...... 17642 Revised...... 66782 638.6 Redesignated as 638.8 ...... 66780 Added ...... 66782 1994 638.7 Revised ...... 66782 50 CFR 59 FR 638.8 Redesignated as 638.9; new Page 638.8 redesignated from Chapter VI 638.6...... 66780 601.37 (a) revised; interim...... 11559 638.9 Redesignated from 638.8 ...... 66780 605.24 Regulation at 58 FR 50288 638.20—638.28 (Subpart B) Re- confirmed...... 38943 vised...... 66783 611 Fishery management meas- 638.27 Added; interim; eff. 5–16–94 ures.....685, 5762, 7647, 7656, 64346, 65975 through 8–14–94 ...... 25345 Technical correction ...... 13769 Added; interim ...... 42534 611.1—611.16 (Subpart A) appen- 638.28 Added; interim...... 32939 dix A amended ...... 66790 Regulations at 59 FR 32939 and 611.62 Removed...... 66790 47563 superseded...... 66783
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 640.2 Amended ...... 53119 (ee) added; eff. 7–27–94 through 640.4 (a), (b) heading, (1), (2)(vi) 10–31–94 ...... 39304 and (viii) introductory text re- Regulation at 59 FR 39304 eff. vised; (d) amended ...... 53119 date extended to 12–31–95 ...... 49356 640.6 (a), (b) heading and (1) intro- (x) added; eff. 1–1–95 through 2– ductory text revised; (b)(2) 23–95...... 67650 amended...... 53119 641.10 Added; eff. 7–27–94 through 640.7 (a) revised; (u) added ...... 53119 10–31–94...... 39304 640.20 (c)(1) amended...... 53119 (b)(3) corrected ...... 49356 640.21 (d) revised ...... 53119 641.21 (a)(1) and (b) revised ...... 972 640.22 (b)(3)(i) revised...... 53120 Regulation at 59 FR 39304 eff. date extended to 12–31–95 ...... 49356 640.23 (c)(2) revised; (d) amend- (a)(1) revised ...... 67650 ed ...... 53120 641.22 (b)(2)(i), (ii), (iii) introduc- 641 Temporary regulations ...... 22760 tory text, (A), (5) and (6) re- 641.1 (b) revised...... 970 vised; (b)(3) introductory text 641.2 Amended ...... 971, 39304 amended; (b)(7) added...... 973 Corrected...... 49356 641.23 (a)(3) and (b)(3) amended; 641.4 (a)(1), (4), (b)(1), (2) introduc- (c) and (d) added ...... 973 tory text, (xi), (xiii)(B), (h), (i) (b)(1) introductory text and and (k) revised; (b)(2)(xiii)(C) (d)(2) introductory text re- and (xiv) removed; (o) added; vised ...... 39305 eff. in part 2–7–94 through 2–7– 641.24 (a) and (g) revised; (c)(1) 97...... 971 amended...... 973 (b)(2)(xiii)(B) correctly des- (b)(1) revised ...... 67651 ignated...... 3749 641.27 (a) amended...... 974 (a)(1) through (5) and (c) 641.28 Revised ...... 974 through (o) redesignated as 641.30 Added; eff. 1–1–95 through 2– (a)(1)(i) through (1)(v) and (d) 23–95 ...... 67651 through (p); new (a)(1) head- 641 Appendix A amended ...... 974 ing, (2), (c) and (n)(3) added; 642 Temporary regulations .....257, 4255, (b) heading, new (d) through 5962, 8868, 49356, 66276 (i) and (p)(4) revised; new (m) 642.2 Amended ...... 43781 introductory text, (1), (2), 642.4 (m) added; eff. in part 8–24–94 (n)(2) and (p) introductory through 10–31–94 ...... 43781 text amended ...... 6590 642.7 (p) revised; (s) and (u) re- (m) introductory text, (4), (o) in- moved; (t) redesignated as (x); troductory text, (p)(4) and (5) new (s) through (w) added; eff. revised; (n) introductory text in part 11–1–94 ...... 43781 added ...... 39304 (s) amended ...... 53120 (o)(3) added; eff. 1–1–95 through 642.25 (c) removed; (a)(1) intro- 2–23–95...... 67650 ductory text and (i) revised ...... 43782 641.5 (b), (c), (f), (g) and (i) re- (a)(2) and (b)(2) amended...... 53120 vised...... 971 642.26 Revised ...... 43782 (d) revised ...... 6591 642.27 (b) amended...... 53120 Regulation at 59 FR 6591 eff. 642.28 Redesignated as 642.29; new date corrected to 3–9–94 ...... 10675 642.28 added; eff. in part 11–1– 641.6 Heading and (a) through (e) 94...... 43782 revised ...... 972 (a)(1) and (2) amended; (b)(1) and 641.7 (a), (b), (g), (i), (k), (l) and (s) (c) revised ...... 53121 revised; (y) through (cc) 642.29 Redesignated as 642.30; new added...... 972 642.29 redesignated from (a), (b) and (c) revised; (y) 642.28 ...... 43782 amended; (bb) and (cc) redes- 642.30 Redesignated as 642.31; new ignated as (cc) and (dd); new 642.30 redesignated from (bb) added...... 6591 642.29 ...... 43782
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 642.31 Removed; new 642.31 redes- Redesignated as 646.29; new ignated from 642.30...... 43782 646.28 redesignated from 646.27 646 Heading revised...... 66272 ...... 66275 646.1 (b) revised...... 27244 Amended ...... 66276 Revised...... 66272 646.29 Redesignated from 646.2 Amended ...... 27244 646.28 ...... 66275 Amended ...... 66272 Revised...... 66276 646.4 (b)(2)(vi)(A) and (B) amend- 646 Figure 2 removed; Figure 3 re- ed; (b)(2)(vi)(C) removed...... 27244 designated as Figure 2...... 27246 649 Revised ...... 31943 (e) through (m) redesignated as (f) through (n); (a)(3), 649.20 (b) revised ...... 26455 (b)(2)(vii)(B), (C), (d) and new 650 Revised ...... 2763 (j) revised; (a)(4), (5) and new Temporary regulations ...... 2777 (e) added; new (f), (g)(1), (i)(1), 650.2 Amended ...... 36722 (2) and (n) amended...... 66272 650.9 (b)(13) and (c)(14) suspended; 646.5 (d) introductory text and (4) (b)(25), (26), (c)(8) and (9) added; revised ...... 27244 interim; eff. 3–4–94 through 4– 30–94 ...... 11007 (b) and (c)(1) amended...... 66273 (b)(8), (11), (14), (15), (16), (c)(2), 646.7 (kk) revised; (mm) redesig- (5) and (6) revised ...... 36722 nated as (ss); new (mm) 650.20 Suspended; interim; eff. 3– through (rr) added...... 27244 4–94 through 4–30–94 ...... 11007 Revised...... 66273 650.21 (b)(3)(i) suspended; 646.20 Revised ...... 27245 (b)(3)(iv) added; interim; eff. 3– 646.21 (j) added ...... 27245 4–94 through 4–30–94 ...... 11007 (a)(1)(i) and (iii) revised; (a)(1), (b)(1), (4)(ii), (iii) and (c) (a)(1)(iv), (v) and (vi) redesig- revised...... 36723 nated as (a)(1)(v), (vii) and 650.22 (a) amended...... 59969 (viii); new (a)(1)(iv) and new 650.24 (c)(1) revised ...... 36723 (vi) added...... 66275 650.27 Revised ...... 59969 646.22 (d), (e) and (f) removed; (g) 650.30 Added; interim; eff. 3–4–94 redesignated as (d); new through 4–30–94 ...... 11007 (d)(1)(i) and (ii) introductory (a) corrected ...... 14370 text revised; new (d)(1)(iii) 651 Revised; eff. in part to 4–2– amended; new (e), new (f), new 94 ...... 9884 (g) and (h) added...... 66275 651.2 Amended; eff. 1–3–94 through 646.23 (a)(4) added; (b)(3) re- 4–2–94 ...... 28 vised...... 27245 Amended...... 22762, 26976, 42178 (a)(2) and (3) removed; (a)(4) re- 651.4 (i) revised ...... 42178 designated as (a)(3); new (a)(2) 651.5 (g) revised...... 42178 added; (c)(2) introductory text 651.6 (f) revised ...... 42178 revised...... 66275 651.7 (a)(3) through (7) and (b)(15) 646.24 Revised ...... 27245 through (21) added; (b)(11) sus- 646.25 Redesignated as 646.27; new pended; eff. 1–3–94 through 4–2– 646.25 added...... 27245 94 ...... 28 646.26 (d) added ...... 27245 651.9 Regulation at 59 FR 9884 eff. Redesignated as 646.27 ...... 66275 date extended in part to 6–30– 646.27 Redesignated as 646.28; new 94...... 15656 646.27 redesignated from (a)(13) and (e)(31) revised...... 26976 646.25 ...... 27245 (a)(11), (12), (e)(33) and (34) re- Redesignated as 646.28; new vised ...... 32136 646.27 redesignated from 646.26 (b)(1), (d) and (e)(2) introductory ...... 66275 text revised ...... 36726 646.28 Redesignated from (a)(7), (13), (e)(5) and (31) revised; 646.27 ...... 27245 (a)(14) added...... 42178
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(13), (e)(14) through (21), (28), 651.28 Added; eff. 1–3–94 through 4– (29) and (31) stayed; (a)(15) and 2–94 ...... 29 (e)(36) through (51) added; eff. 651.29 Added; eff. 1–3–94 through 4– 12–12–94 through 3–12–95 ...... 63929 2–94 ...... 29 651.20 (g) added; eff. 1–3–94 651.30 Revised ...... 42179 through 4–2–94 ...... 29 651.32 (a), (b)(1) and (2) revised ...... 26976 (b)(3)(vi) added ...... 5129 (a)(1)(iii) table corrected ...... 35056 (a)(2) and (5) corrected ...... 10588 (a) introductory text and (1) in- (a)(2) and (5) revised...... 15657 troductory text revised ...... 42179 (a)(3)(i), (4)(i)(A), (c)(3)(i), (ii), (a) stayed; (c) added; eff. 12–12–94 (d)(3)(i), (ii), (e)(1)(iv) and through 3–12–95 ...... 63933 (f)(4) revised...... 36726 651 Figure 2 suspended; Figure 6 (a)(5), (e) heading, (1) introduc- added; eff. 1–3–94 through 4–2– tory text, (2), (f) introductory 94 ...... 29 text and (g) revised; (c)(4) in- Figure 6 added...... 5130 troductory text amended...... 42178 Figure 4 added ...... 26978 (a)(4)(i)(B) revised...... 47816 Figures 1 and 3 revised...... 42180 (a)(2) through (5), (b)(2), (c)(2), Figure 3 stayed; Figure 5 added; (3), (4), (d)(2), (3), (e)(1)(iv), (2) eff. 12–12–94 through 3–12–95 ...... 63933 and (f)(4) stayed; (a)(6) 652 Temporary regulations ...... 66487 through (10), (b)(3), (c)(5) Harvest quotas...... 6221 through (8), (d)(4), (5), (6), 658 Temporary regulations ...... 24660, (e)(1)(v), (vi), (3), (f)(5) and (6) 34582 added; eff. 12–12–94 through 3– 658.1 Revised ...... 66790 12–95...... 63929 658.2 Revised ...... 66790 (a), (b) and (c) stayed; (d) added; 658.3 (a) amended; (c) added ...... 66791 eff. 12–12–94 through 3–12–95 ...... 63932 651.21 (a) introductory text, (1), 658.4 Revised ...... 66791 (2) and (3) suspended; (c) added; 658.5 (a) introductory text, (4) and eff. 1–3–94 through 4–2–94 ...... 29 (b) revised...... 66791 (b)(6) added; (b)(3)(i) suspended; 658.6 Revised ...... 66791 interim; eff. 4–3–94 through 6– 658.7 Revised ...... 66791 30–94...... 15657 658.20—658.28 (Subpart B) Re- (b)(3) revised...... 32136 vised...... 66791 651.22 (b)(1)(i), (3)(ii), (iv), (7), 658.21 (a) stayed; (d) added; eff. 10– (c)(1)(i) heading, (A), (E) and 19–94 through 12–31–94 ...... 53605 (F) revised; (b)(3)(i) amend- 658.22 (a) Figure 1 redesignated as ed ...... 22762 appendix A Figure 1...... 66791 (c)(1)(i) heading, (B) and 658.23 (b) Figure 3 redesignated as (d)(2)(ii) revised ...... 36727 appendix A Figure 3...... 66791 (b)(7) and (c)(1)(i)(B) revised ...... 42179 658 appendix A amended...... 66791, 66792 (d)(2)(i) and (ii) stayed; (d)(2)(iv) 661 Appendix amended ...... 23013, 23015, and (v) added; eff. 12–12–94 23016 through 3–12–95 ...... 63932 Inseason adjustments...... 28014 651.23 (a) table amended ...... 42179 Temporary regulations ...... 31170 651.27 Regulation at 59 FR 9884 eff. 662 Harvest quotas...... 43501 date extended in part to 6–30– 662.2 Amended ...... 18978 94...... 15656 662.20 (a) revised ...... 18978 (b) revised...... 32136 663 Temporary regulations ...... 33700, (a) heading, (1), (2) and (4) re- 46002, 50857, 51872 vised ...... 36727 Fishery management measures (a)(1)(ii)(A) revised ...... 47816 ...... 685, 23638 (a) introductory text and (1) Restrictions...... 25832, 29736, 62626 through (4) stayed; (a)(5) and 663.7 (q) amended; interim ...... 700 (6) added; eff. 12–12–94 through (o) amended; eff. 4–8–94 through 3–12–95...... 63932 12–31–96 ...... 17493
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 663.23 (b)(2) heading and (c)(1) (g)(1)(i)(A), (ii), (2) and (4)(ii) re- heading revised; (c)(2) redesig- vised ...... 10589 nated as (c)(3); (b)(2) introduc- (i)(1) and (6) revised ...... 14122 tory text and new (c)(2) added; Regulation at 59 FR 6225 eff. interim...... 700 date extended through 8–9–94 (b)(4) added; eff. 4–8–94 through ...... 24965 12–31–96 ...... 17493 (f) and (h)(1) revised...... 38134 663.24 Removed; interim ...... 701 (f)(3)(ii) and (g)(4)(i) suspended; 663.31 Amended; interim ...... 701 (f)(3)(iv) and (g)(4)(iii) added; 663.33 (f)(2) suspended 12–29–93 to interim; eff. 9–12–94 to 12–10–94 4–1–94...... 259 ...... 44945 (d)(1) amended; interim ...... 701 (i)(3) revised; (i)(4) removed; Suspension at 59 FR 259 ex- (i)(5), (6) and (7) redesignated tended through 4–14–94...... 15345 as (i)(4), (5) and (6); (j) added .....50701 (g) revised...... 17735 Table 1 added ...... 50702 663.35 (b)(1), (2)(i) and (ii) amend- Corrected...... 54842 ed; interim...... 701 672.27 (g) added ...... 18761 663.36 (b)(1) amended; interim ...... 701 (a) amended; (b), (c)(1)(ii)(D), 663.37 (b)(1) amended; interim ...... 701 (iii)(C) and (D) revised; 663.41 (c)(2) and (3) amended; in- (c)(1)(ii)(E), (iii)(E), (F), (iv) terim...... 701 and (v) added ...... 22136 663.45 Added; eff. 12–23–94 through Revised; eff. 10–6–94...... 46135 3–30–95 ...... 67653 675 Recordkeeping and reporting 663 Appendix amended; in- requirements ...... 3000 terim...... 701 Temporary regulations ...... 4009, 8142, 669.23 (b)(1) revised ...... 11560 8869, 10082, 13662, 15346, 16570, 671.4 Added; eff. 10–6–94 ...... 46134 17738, 22762, 23172, 24360, 24361, 671.20 Removed...... 28281 26144, 26145, 27246, 28811, 29208, 671.21 Added; eff. 10–6–94 ...... 46134 29737, 29964, 30307, 32386, 33920, 672 Temporary regulations ....4256, 5736, 34392, 34583, 35056, 35057, 35638, 6912, 8868, 11209, 12551, 13894, 15134, 36727, 39305, 41412, 43501, 43783, 17737, 21946, 26761, 28811, 29208, 29548, 46771, 49032, 49593, 49864, 50858, 33212, 35056, 37180, 37723, 39477, 39478, 51873, 51874, 52452, 53121, 55822, 42776, 43296, 45239, 49592, 50170, 51134, 60569, 63063, 66276 51872, 51873, 52099, 52923, 53937, 55066, Prohibitions of retention ...51387, 61555 59969 Fishery management measures Fishery management measures ...... 7656, 32385, 64346 ...... 7647, 65975 Technical correction ...... 13769 Technical corrections...... 17848 Apportionment ...... 21673, 46570, 54842, Prohibition of retention....39705, 40314, 59177 44341, 45239 Reallocation...... 42776 Inseason adjustment ...... 49863 675.2 Amended...... 9423, 18762, 50704 672.2 Amended...... 9422, 50701 675.4 (b) introductory text and (1) 672.4 (b) introductory text and (1) through (10) redesignated as through (10) redesignated as (b)(1) introductory text and (i) (b)(1) introductory text and (i) through (x); (b)(2) added; eff. through (x); (b)(2) added; eff. 10–6–94 ...... 46135 10–6–94 ...... 46134 675.7 (o) added ...... 9423 672.7 (n) added ...... 9423 (p) added ...... 18762 (o) added ...... 18761 675.20 (a)(2)(iv), (v) and (3)(iv) (k) revised ...... 50170 added ...... 4012 672.20 (f)(1)(i) and (h)(1) sus- (h)(2), (6) and (i)(1) suspended; pended; eff. 2–7–94 to 5–11–94; (h)(7), (8) and (i)(3) added; eff. (f)(3) and (h)(3) added; in- 2–7–94 to 5–11–94 ...... 6226 terim ...... 6225 (j)(1) and (6) revised ...... 14123
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued (c)(3) and (4) revised; (c)(6) added Regulation at 59 FR 43502 effec- ...... 18762 tive date corrected to 1-1-95 ...... 51874 Regulation at 59 FR 6226 eff. 676.25 Added ...... 28283 date extended through 8–9–94 677 Added; eff. 10–6–94 ...... 46135 ...... 24965 Specifications...... 61556 (h)(2) and (i)(1) revised ...... 38135 678 Temporary regulations ...... 25350, (j)(3) revised; (j)(4) removed; 38943, 44644, 51388, 55066 (j)(5), (6) and (7) redesignated Harvest quotas ...... 33450 as (j)(4), (5) and (6); (k) added 678.2 Regulation at 58 FR 68558 ...... 50704 comment period extended ...... 3321 675.21 (a)(4) and (c)(1)(iii) re- Amended ...... 52456 moved; (a)(5), (6), (7) and 678.4 (a)(1) through (4) and (c) re- (c)(1)(iv) redesignated as (a)(4), designated as (a)(1)(i) through (5), (6) and (c)(1)(iii); new (a)(4), (iv) and (l); (a)(1) heading, new (b)(1) introductory text, (2)(i) (a)(2) and new (c) added; new and new (c)(1)(iii) revised ...... 18763 (a)(1)(i), (d), (e)(1), (g), (h), and 675.22 (h) added; interim; eff. 8–15– new (l) revised; new (a)(1)(iv) 94 through 11–12–94 ...... 35479 amended...... 52456 675.23 (c) suspended; (f) added; eff. 678.5 (a)(2) amended; (b) and (c) re- 2–7–94 to 5–11–94 ...... 6226 designated as (c) and (d); new (c) revised ...... 38135 (b) added ...... 52456 678.7 Regulation at 58 FR 68558 (e) revised ...... 64868 comment period extended ...... 3321 675.25 (g) added ...... 18763 (a), (c), (k) through (q) and (s) Revised...... 22137 through (v) revised; (d) Existing text suspended; (a) amended; (y) and (z) added...... 52457 through (d) added; interim; 678.21 Regulation at 58 FR 68558 eff. 8–15–94 through 11–12–94 ...... 35479 comment period extended ...... 3321 Revised; eff. 10–6–94...... 46135 Redesignated as 678.22; new 675.27 (e)(4) revised; (h) added ...... 25349 678.21 added...... 52457 676 Temporary regulations ...... 701 678.22 Redesignated as 678.23; new 676 Fishery management meas- 678.22 redesignated from 678.21; ures ...... 7647, 7656, 64346, 65975 (c)(1) revised ...... 52457 Technical correction ...... 13769 678.23 Redesignated as 678.24; new 676.13 (a)(1) introductory text re- 678.23 redesignated from vised; eff. 10–6–94 ...... 46135 678.22 ...... 52457 Regulation at 59 FR 46135 eff. 678.24 Redesignated as 678.25; new date corrected to 1–1–95 ...... 51874 678.24 redesignated from Regulation at 59 FR 46126 effec- 678.23 ...... 52457 tive date corrected to 1-1-95 ...... 51874 678.25 Redesignated as 678.26; new 676.16 (q) redesignated as (r); new 678.25 redesignated from 678.24; (q) added; eff. 10–6–94 ...... 46135 (a) introductory text and (2) (i) and (n) removed ...... 51138 amended...... 52457 Regulation at 59 FR 46135 eff. 678.26 Redesignated as 678.27; new date corrected to 1–1–95 ...... 51874 678.26 redesignated from 678.25; Regulation at 59 FR 46126 effec- (a) and (b) revised; (c) amended; tive date corrected to 1-1-95 ...... 51874 (d) added ...... 52457 676.20 (a)(1)(iii) revised ...... 43503 678.27 Redesignated as 678.28; new (a) revised; (f) introductory text 678.27 redesignated from amended ...... 51138 678.26 ...... 52457 676.21 Revised ...... 51138 678.28 Redesignated from 676.22 (g) revised ...... 51139 678.27 ...... 52457 676.24 (b), (e)(1) and (i)(1) re- 681 Harvest quotas ...... 6912, 44341 vised...... 43503 681.2 Amended ...... 56005 Regulation at 59 FR 43503 eff. 681.5 (a), (b) heading, (c) and (d) date corrected to 1–1–95 ...... 51874 revised; (e) added ...... 56005
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50 CFR—Continued 59 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 681.7 (b)(5) revised; (b)(14) 611.50 (b)(4)(i) and (ii) revised; in- added...... 56006 terim...... 37850 681.11 Added ...... 56006 611.51 Removed; interim ...... 37850 681.25 Revised ...... 56006 611.52 Added; interim...... 37850 681.30 (c)(2)(ii) revised...... 35270 625 Harvest quotas...... 1757, 2905, 27906, (c) revised ...... 56006 30923, 45107, 53281, 57685, 57686, 64349, 683.28 Added; interim...... 32939 67339 685.2 Amended ...... 26982, 58791 Specifications ...... 8958 685.4 (b) introductory text re- 625.4 (a)(3) revised...... 14230 vised...... 26982 625.20 (a) introductory text re- 685.5 (e) through (h) revised; (r) vised...... 57957 through (x) redesignated as (n) 625.22 Revised ...... 40114 through (t); new (u) through 625.25 (a) revised ...... 40114 (x), (y) and (z) added ...... 26982 630 Temporary regulations ...2032, 35869 (aa) through (hh) added ...... 58791 630 Inseason adjustments ...... 58245 685.9 Revised ...... 26983 630.2 Amended ...... 35341, 46778 (c)(4) corrected ...... 28449 630.7 (z) added; interim...... 46778 685.11 (a) amended...... 18501, 26984 630.23 (d) added; interim...... 46778 685.13 Revised ...... 26984 630.24 (b)(1) and (f) revised; (d)(6) 685.14 Revised ...... 58791 amended...... 46778 685.15 Revised ...... 26984 (d)(6) corrected ...... 51934 Corrected...... 52924 630.25 (a)(1) and (2) amended; 685.16 Added ...... 58791 (c)(2)(ii) revised ...... 46778 685.17 Revised ...... 26984 638 Temporary regulation ...... 62762 Corrected...... 52924 Heading revised ...... 66927 685.18 Added ...... 26984 638.1 (a) amended ...... 66927 685.23 Removed; new 685.23 redes- 638.2 Amended ...... 56536 ignated from 685.24...... 26986 638.4 (a)(1)(v) amended ...... 66927 (d) table amended ...... 46933 638.7 (m), (n) and (p) revised...... 56536 685.24 Redesignated as 685.23; new (k) and (q) amended; (x), (y) and 685.24 redesignated from 685.25; (z) added ...... 66927 (a)(1) and (f) introductory text 638.21 Revised ...... 66927 revised ...... 26986 638.23 (a)(1) and (b)(1) amended; 685.25 Redesignated as 685.24; new (c) revised...... 66927 685.25 redesignated from 685.26 638.26 Revised ...... 56536 and revised ...... 26986 638.27 (a) and (c) amended; (b)(2) 685.26 Redesignated as 685.25 ...... 26986 revised ...... 66927 685 Figure 1 added ...... 26987 640.2 Amended ...... 41830 695.2 Amended; eff. 10–28–94 ...... 49358 640.4 (a)(1) revised...... 41830 695.6 Added; eff. 10–28–94 ...... 49358 640.6 (a) revised; (c) amended...... 41830 695.7 (f), (k) and (s) added; eff. 10– 640.7 (e), (f), (p), (r) and (s) amend- 28–94 ...... 49358 ed ...... 41831 695.21 (d) added; eff. 10–28–94 ...... 49358 640.20 Revised ...... 41831 640.22 (a)(1) amended; (b)(3)(i) re- vised...... 41831 1995 640.23 Revised ...... 41831 50 CFR 60 FR 640.24 Amended...... 41832 Page 641 Temporary regulations ...... 19363, Chapter VI 55805 604 Removed...... 39272 641.1 (b) revised...... 61206 611 Specifications ...... 2331, 62339 641.2 Amended ...... 61206, 64355 Fishery management measures 641.4 (a)(2) and (i) amended; (q) ...... 7288, 20916 added...... 61207 Specifications and fishery man- (a), (b), (m) and (n) revised; (f)(1) agement measures ...8470, 8479, 13780, and (h) amended; (o) and (p) 61492 removed...... 64352
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(3) and (o) added; (a)(4) re- (pp)(2) and (3) redesignated as vised ...... 64354 (pp)(3) and (4); (bb) and new 641.5 (d)(2) revised; (d)(3) redesig- (pp)(2) added; new (pp)(4) nated as (d)(4); new (d)(3) amended ...... 19684 added...... 61207 646.21 (b)(3) added; interim; eff. 1– (c) amended ...... 64354 18–95 through 4–18–95 ...... 3563 Regulation at 60 FR 3563 eff. 641.7 (ee) through (kk) added; (g), date extended to 7–17–95...... 19364 (r), (s) and (bb) revised ...... 61207 (a)(1)(ix) and (k) added...... 19684 (a), (g), (r), (s), (y) and (bb) re- 646.22 (b) and (c)(1) amended ...... 19684 vised; (x), (ll) and (mm) added 646.23 (b)(2) revised; (b)(6) ...... 64354 added...... 19684 (gg) and (jj)(1) amended ...... 64355 646.25 Revised ...... 19684 641.10 Added ...... 61207 649.4 (a)(1) and (b) introductory (b)(4), (6) and (7) amended ...... 64355 text amended; (b)(1)(i), (2)(i), 641.23 (d)(2)(iii) amended...... 64355 (3), (p) and (q) revised; (b)(5)(vi) 641.24 (a)(2) and (3) redesignated added...... 21997 as (a)(3) and (4); new (a)(2) (b)(1)(i)(C) amended ...... 45682 added; new (a)(4) amended; (g) (b)(6) added ...... 62225 revised ...... 61209 650.2 Amended ...... 35514 (g) removed...... 64354 650.4 Introductory text revised; (a)(1)(ii)(A) amended...... 64355 (a)(10) added...... 62225 641.25 Introductory text amend- 650.9 (a)(5) and (d)(13) revised; ed ...... 64355 (b)(25) and (26) added ...... 33758 650.21 (c) revised ...... 17273 641.27 (a) amended...... 64355 (a) introductory text revised; 641.28 Redesignated as 641.29; new (b)(4)(iv) and (f) added...... 33758 641.28 added...... 64354 650.24 (c)(2)(i) revised; (c)(2)(ii) re- 641.29 Redesignated as 641.30; new designated as (c)(2)(iii); new 641.29 redesignated from (c)(2)(ii) added ...... 35514 641.28 ...... 64354 650 Figure 2 added ...... 33759 641.30 Redesignated from Figures 3 and 4 added ...... 35515 641.29 ...... 64354 651 Recordkeeping and reporting 642 Temporary regulations ....4866, 7716, requirements...... 21994 10333, 10514, 47100 651.2 Amended...... 6447, 19368, 35518 642.7 (y) added; interim; eff. 2–1–95 651.4 (f)(2)(iv) revised...... 6447 through 5–8–95 ...... 7136 (d) amended; (f) revised; (t) (s), (t) and (u) revised...... 57689 added ...... 19369 642.24 (a)(1)(ii)(A) revised...... 57689 introductory text revised; 642.25 (a)(2) and (b)(2) amended...... 57689 (a)(10) added...... 62226 642.27 (b) amended...... 57689 651.5 (a) revised ...... 6447, 19369 642.28 (a)(2) and (c) amended; 651.9 (e)(36) revised; interim; eff. (b)(1), (2) and (e) introductory 1–10–95 through 3–12–95 ...... 3103 text revised ...... 57689 (b)(1) revised; (b)(11) and (e)(36) 642.32 Added; interim; eff. 2–1–95 added ...... 6447 through 5–8–95 ...... 7136 Regulations at 59 FR 63929 and 60 FR 3103 eff. date extended 644.2 Amended ...... 35341 to 6–10–95 ...... 13079 645.2 Amended ...... 35341 (a), (b) and (e) revised ...... 19369 646.2 Amended ...... 19684 (e)(14) and (15) revised...... 26842 646.6 (g) amended ...... 19684 (e)(40) correctly added ...... 51370 646.7 (zz) added; interim; eff. 1–18– 651.20 (a)(7)(i), (8) introductory 95 through 4–18–95 ...... 3563 text, (9), (c)(6)(ii), (7) introduc- (pp)(1), (2) and (3) corrected ...... 12592 tory text and (d)(5)(ii) revised; Regulation at 60 FR 3563 eff. interim; eff. 1–10–95 through 3– date extended to 7–17–95...... 19364 12–95...... 3103
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued (b)(2)(ii) and (c)(2)(ii) amended; 661 Temporary regulations ...... 21746, (c)(4) introductory text re- 37045, 37850, 42469, 43564, 47493, 48673 vised ...... 6447 Inseason adjustments...... 32277, 40302, Regulations at 59 FR 63929 and 43984, 47493 60 FR 3103 eff. date extended Technical correction ...... 39991 to 6–10–95 ...... 13079 662 Harvest quotas...... 40303 (a) through (f) revised; (i) and (j) 663 Temporary regulations ...... 58527 added (OMB number pending) Specifications ...... 2331 ...... 19371 Restrictions ...... 16811, 38519 (a)(2), (6)(i), (d)(3)(i), (e), (f) and Fishery management measures (j)(8) revised; (a)(8) added...... 26842 ...... 22303 (a)(8)(i) and (ii) corrected...... 30157 Temporary regulations ...... 24572 651.21 (d)(1)(ii) and (2)(ii)(B) re- Inseason adjustments...... 37022, 39875, vised; (d)(1)(iii) and (3)(ii)(C) 46538 added; interim; eff. 1–10–95 663.2 Amended ...... 13379 through 3–12–95 ...... 3104 663.22 (b)(5) removed; (b)(6) redes- Regulations at 59 FR 63932 and ignated as (b)(5); (a), (b)(2), (3), 60 FR 3104 eff. date extended (4), new (5) and (c) revised ...... 13379 to 6–10–95; (d)(1)(ii)(B), 663.23 (b)(2)(i) through (iv) (2)(ii)(B) and (3)(ii)(C) revised; stayed; (b)(2)(v) added; eff. 2– (d)(1)(iv) added; eff. 3–13–95 17–95 through 9–1–95 ...... 10040 through 6–10–95 ...... 13079 (b)(2) revised...... 34473 Revised (OMB number pending) 663.41 (c)(4) added; eff. 1–27–95 ...... 19376 through 5–2–95 ...... 6040 651.22 (c)(1)(i)(B) and (d)(1)(i)(C) 669.2 Amended ...... 35341 revised ...... 6447 670 Added ...... 58222 Regulation at 59 FR 63932 eff. 671 Technical correction...... 47312 date extended to 6–10–95...... 13079 671.2 Amended ...... 40771 (c), (d) and (e) revised ...... 19377 671.3 Added ...... 40771 (b)(3)(iii) revised; (b)(3)(iv) re- 671.4 Revised; eff. 1–1–96 through designated as (b)(3)(v); new 12–31–98...... 40771 (b)(3)(iv) added...... 35518 672 Temporary regulations ....2905, 5337, 651.23 (c) revised...... 6448, 19378 5338, 7136, 7917, 11915, 13079, 14390, 651.27 Regulation at 59 FR 63933 15072, 15521, 16587, 17465, 20658, 24800, eff. date extended to 6–10–95...... 13079 25623, 26694, 27425, 30199, 30200, 33149, Revised...... 19378 35711, 35870, 36236, 37600, 37601, 38519, 651.32 Regulation at 59 FR 63933 38765, 46067, 48053, 50503, 50504, 51934, eff. date extended to 6–10–95...... 13079 51935, 52128, 52632, 53714, 53881, 54200, Revised...... 19378 54818, 56255, 61213 (b)(4) and (5) revised...... 55207 Fishery management measures (a)(1)(ii) revised ...... 55210 ...... 7288, 20916, 35146 651 Figure 1 and 3 revised; Figure Specifications and fishery man- 4 corrected; Figure 5 re- agement measures ...... 8470, 61492 moved ...... 19379 Recordkeeping and reporting re- Figure 5 added ...... 26844 quirements...... 8478 Figures 6 and 7 added ...... 35519 Nomenclature change...... 20249 Figure 4 amended ...... 55210 Inseason adjustments ...... 46067 Figure 8 added ...... 55211 672.2 Amended ...... 40306, 63657 652 Temporary regulations ...... 62226 672.3 (f) added; eff. 9–11–95 through Harvest quotas ...... 25853 12–31–98...... 40771 653.2 Amended ...... 35341 Regulation at 60 FR 40771 eff. 654 Revised ...... 13919 date corrected to 9–11–95 654.6 (a) corrected ...... 20916 through 12–31–98...... 47312 655 Specifications...... 17464 672.4 (a) and (b)(1) introductory 658.25 Corrected ...... 5461 text revised; (k) added; eff. 1–1– 658.29 Added ...... 66928 96 through 12–31–98 ...... 40771
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 672.7 (l)(2)(i) revised ...... 40306 (i) heading, (2) and (j) heading (h) heading and (2) revised ...... 63657 revised...... 63658 (a)(2)(v) heading, (c)(1)(i) head- 675.20 (h)(2) revised...... 8488 ing, (ii) heading, (2)(i) heading (b)(1)(i), (ii), (iii) and (2)(i) and (ii) heading revised ...... 63657 amended ...... 20249 672.20 (f)(1)(ii) and (3)(ii) re- (j)(3) table amended ...... 24802 vised...... 12151 (a)(8) amended; (h) revised; Regulation at 60 FR 12151 eff. 3– Table 1 added ...... 40307 15–95...... 14912 Table corrected ...... 43494 (d)(1)(i), (ii), (2), (5)(i) and (a)(2)(iii) heading, (3)(i) heading, (iv)(A)(3) amended ...... 20249 (ii) heading and (iii) heading (i)(3) table and Table 1 amended revised...... 63658 ...... 24801 675.21 (b)(1)(iii)(B)(2) revised ...... 8488 Corrected...... 29505 (b)(2)(ii)(B), (C), (3)(ii) and (iii) Table corrected ...... 36237 redesignated as (b)(2)(ii)(D), (c)(2)(i) and (ii) amended; (g) re- (E), (3)(ii)(A) and (B); new vised; Table 2 added ...... 40306 (b)(2)(ii)(B), new (C), (3)(ii) Table 2 corrected ...... 43494 heading and new (3)(iii) added; 672.23 (c) removed; (d), (e) and (f) new (b)(2)(ii)(E), (4) and (d) re- redesignated as (c), (d) and vised ...... 12151 (e)...... 12152 Regulation at 60 FR 12151 eff. 4– 673 Added; eff. 2–23–95 through 5– 15–95...... 14912 30–95 ...... 11056 (c)(1)(i), (ii), (iii), (2) introduc- Regulation at 60 FR 11056 eff. tory text and (d) revised ...... 40309 date extended from 5–31–95 675.22 (h) added; interim; eff. 1–20– through 8–28–95 ...... 28359 95 through 4–1–95 ...... 4869 Added ...... 42078 (h) added...... 34905 673.2 Corrected ...... 12825 (g) introductory text revised ...... 40309 675 Temporary regulations ....2905, 6974, (i) added...... 61218 8960, 10040, 11915, 12487, 14390, 14912, (g) and (h)(2) revised ...... 63658 15521, 17028, 17653, 19864, 20658, 20916, 675.23 (e)(2) heading revised...... 63658 22306, 25149, 26694, 26695, 26845, 27425, Heading, (b)(1)(i), (vii), (2)(vii), 30792, 33150, 37602, 39877, 43984, 49348, (3)(ii)(B), (e) and (f) heading 50138, 52129, 53147, 53881, 54046, 54617, revised; introductory text 55212, 55662, 55805, 55806, 56001, 61213, added ...... 63658 64128 675.24 (h) added...... 4113 Inseason adjustments...... 57545, 63451 675.25 Revised ...... 34905 Fishery management measures (b) revised...... 48055 ...... 5762, 50504 676 Fishery management meas- Specifications and fishery man- ures ...... 5762, 7288, 20916 agement measures...... 13780, 62339 676 Interpretation ...... 58528 Responses to comment ...... 16587 Specifications and fishery man- Nomenclature change...... 20249 agement measures ...8470, 8479, 13780, Apportionment ...... 32278, 47313 61492 Harvest quotas ...... 66516 Specifications ...... 62339 675.2 Amended ...... 40307, 63657 Nomenclature change...... 20249 675.3 (f) added; eff. 9–11–95 through 676.1 Added; eff. 9–11–95 through 12–31–98...... 40772 12–31–98...... 40772 Regulation at 60 FR 40772 eff. 676.2 Added; eff. 9–11–95 through date corrected to 9–11–95 12–31–98...... 40772 through 12–31–98...... 47312 Corrected...... 47312 675.4 (a) and (b)(1) introductory 676.3 Added; eff. 1–1–96 through 12– text revised; (k) added; eff. 1–1– 31–98 ...... 40772 96 through 12–31–98 ...... 40772 676.4 Added; eff. 1–1–96 through 12– 675.7 (m)(2)(i) revised ...... 40307 31–98 ...... 40772
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 676.5 Added; eff. 9–11–95 through 677.10 (a) heading, (1)(ii)(A) 12–31–98...... 40772 through (F), (b) heading and (g) 676.6 Added; eff. 9–11–95 through introductory text revised; 12–31–98...... 40772 (a)(1)(i)(C) through (F) redesig- 676.6 Regulation at 60 FR 45379 nated as (a)(1)(i)(D) through confirmed...... 61498 (G); new (a)(1)(i)(C) and (2)(iii) 676.11 Amended...... 22309 added...... 66758 677.11 (a)(4) revised ...... 66758 676.13 (f)(1) and (2) revised ...... 22309 677 Figure 1 revised ...... 2346 676.14 (a), (b)(1), (2), (e) and (f) re- Figure 1 removed...... 40775 vised...... 22309 678 Temporary regulations ...... 27042, 676.16 (d) revised; interim...... 45379 49235 676.17 (a)(1) through (4) redesig- Inseason adjustments...... 37023 nated as (a)(6) through (9); new 678.2 Amended ...... 35341 (a)(1) through (4), (5) and (c) 678.24 (b) revised ...... 21469 added; (a) introductory text, 681 Harvest quotas...... 13380 new (9), (b) and (c) revised ...... 22309 697 Added ...... 58251 676.20 (d)(3) revised; (e) removed; interim ...... 6450 1996 (a)(1) and (2) added...... 57546 Regulation at 60 FR 6450 con- 50 CFR 61 FR Page firmed...... 61498 Chapter VI Interpretation...... 30543 676.22 (c)(3)(i) and (ii) added; (i)(3) 600 Revised ...... 32540 revised ...... 22310 600.730 (a) corrected ...... 37225 676.23 (b) revised ...... 12152, 40309 601 Removed...... 32577 676.24 (i)(3) revised ...... 11917 602 Removed...... 32577 (c), (e) and (h)(3)(i) amended ...... 20249 603 Removed...... 32577 (j)(4) revised...... 22310 605 Removed...... 32577 676.25 (a), (b), (d)(1), (2), (g) intro- 611 Specifications and fishery ductory text, (1), (2), (k), (m)(4), management measures ...... 279 (n)(8) and (o) revised; in- Specifications...... 4304, 4311, 18988 terim ...... 6450 Fishery management measures 676.25 Regulation at 60 FR 6450 ...... 9955 confirmed...... 61498 Authority citation revised ...... 26436 677 Specifications...... 53715, 62339 Removed...... 32577 Specifications and fishery man- 611.2 Amended ...... 26436 agement measures...... 61492 611.7 (a)(27) and (28) redesignated Responses to comment ...... 16587 as (a)(29) and (30); new (a)(27) Technical correction ...... 47312 and (28) added...... 26437 677.2 Amended...... 2345 611.14 Revised ...... 26437 611.1—611.16 (Subpart A) Appen- 677.4 (a) revised ...... 2346 dix A amended ...... 26437 (b) introductory text revised ...... 40775 611.50 (b)(3), (4)(i) and (ii) re- 677.6 (b)(1)(iii)(A) revised ...... 42471 vised...... 14468 677.6 (d)(3)(ii)(C) removed; (b)(2) 619 Removed...... 32577 and (d)(3)(ii)(D) redesignated 620 Technical correction ...... 7050 as (b)(3) and (d)(3)(ii)(C); new Removed...... 32577 (b)(2) added; new (b)(3) heading 620.2 Amended ...... 26438 revised ...... 66757 620.7 (i) added; eff. 1–26–96 through 677.7 (e) revised ...... 2346 5–1–96; interim...... 3602 677.10 (a)(1)(i)(C) revised...... 2346 (i) revised; (j) and (k) added; in- (a)(1)(i)(G) and (H) added; (c)(3) terim; eff. 3–13–96 through 5–1– revised; interim; eff. 1–20–95 96 ...... 11165 through 4–1–95 ...... 4870 (i) revised; (j) and (k) removed; (c)(3) and (d)(3) revised...... 34906 interim; eff. 4–9–96 through 5– (a)(3) revised...... 42471 1–96 ...... 16401
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page Regulation at 61 FR 16401 eff. 622.44 (e) added...... 48415 date extended to 7–23–96...... 20175 (a) revised...... 48851 (i) through (l) added...... 26438 (f) added...... 65484 (i) removed; (m) added; eff. 5–29– 622.45 (f)(1) through (4) added; eff. 96 through 7–23–96 ...... 27795 in part 10–28–96...... 43960 (m) removed ...... 33695 (g) added; eff. 11–1–96...... 47449 620.10 Added ...... 26439 622.48 (g) added ...... 43960 621 Removed...... 32577 625 Quotas ...292, 10285, 10286, 11344, 15199 622 Added; interim...... 34934 Removed...... 35011 Temporary regulations ...... 44184, 52715 625.20 (a) introductory text re- Regulation at 61 FR 34934 con- vised...... 292 firmed...... 47821 625.25 (a) amended...... 32712 622.1 Table 1 amended ...... 43956, 65483 625.31—625.39 (Subpart C) Added; 622.2 Amended ...... 43956, 65483 interim; eff. 3–22–96 through 6– Amended; eff. 10–9–96 ...... 47448 25–96 ...... 13453 622.4 (a)(4) and (d) amended; eff. in Regulation at 61 FR 13453 eff. part 8–27–96 ...... 43956 date extended through 9–23–96 (a)(2)(viii) added; (a)(4) amend- ...... 33382 ed; eff. 11–1–96 ...... 47448 625.53—625.54 (Subpart D) Added; (a)(2)(ix) and (p) added ...... 48414 interim; eff. 3–22–96 through 6– 622.5 (a)(1)(v), (2)(ii) and (c)(6) 25–96 ...... 13454 added; (a)(2) redesignated as Regulation at 61 FR 13454 eff. (a)(2)(i); (a)(2) heading revised; date extended through 9–23–96 eff. 10–28–96 ...... 43956 ...... 33382 (c)(7) added; eff. 11–1–96 ...... 47448 630 Temporary regulations ...... 35971, 622.6 (a)(1)(i) introductory text, 37842 (b)(1)(ii), (2)(ii), (c) and (d) 630.5 (a)(1) revised...... 27307 amended; eff. 10–28–96...... 43957 630.7 (q) revised...... 27307 622.7 (a), (b) and (c) revised; (w) (aa) added ...... 64487 through (z) added; eff. in part 630.20 Revised ...... 27307 10–28–96...... 43957 630.23 (b) removed; (c) and (d) re- (i)(5) amended...... 48415 designated as new (b) and (c); 622.8 Added ...... 43957 (a) and new (b) amended ...... 27307 622.16 Stayed ...... 48415 630.24 (b)(1), (d)(4) and (e) revised; 622.17 Added ...... 43957 (b)(2) redesignated as (b)(4); (a), (g), (i) and (j) added; eff. 10– new (b)(2) and (3) added...... 27307 28–96...... 43959 630.25 (b) amended...... 27308 622.32 (b)(4)(v) and (vi) added ...... 43959 Corrected...... 34746 622.33 (a), (b) introductory text 630.323 (a)(2)(ii) corrected ...... 37843 and (3) revised...... 64486 638 Removed; interim ...... 34964 (c) added ...... 65483 641 Temporary regulations ...... 14683 622.34 (l) added; eff. 10–16–96 ...... 48642 Removed; interim...... 34964 622.35 (f) added ...... 43959 641.1 Regulation at 60 FR 61206 eff. (g) added; eff. 10–9–96...... 47449 date delayed...... 7753 622.37 (g) added ...... 65483 Regulations at 60 FR 61206 and 622.38 (f) added ...... 43959 61 FR 7753 eff. date correctly (g) added ...... 65483 delayed to 5–29–96 ...... 25833 622.39 (e) added...... 65483 641.4 Regulations at 60 FR 61207 (b)(1)(i) revised; (b)(1)(v) added and 64354 eff. date delayed ...... 7753 ...... 65985 Regulations at 60 FR 61207 and 622.40 (a)(3) revised; (b)(3)(ii), 61 FR 7753 eff. date correctly (c)(3)(ii) and (d)(2)(ii) added; delayed to 5–29–96 ...... 25833 (d)(2) redesignated as (d)(2)(i); 641.5 Regulation at 60 FR 61207 eff. eff. in part 10–28–96 ...... 43959 date delayed...... 7753 622.41 (e) added...... 43959 Regulations at 60 FR 61207 and (f) added...... 65484 61 FR 7753 eff. date correctly 622.42 (a)(1) revised ...... 48643 delayed to 5–29–96 ...... 25833
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page 641.7 (nn) through (qq) added; in- 648.11 (a) amended; (e) introduc- terim ...... 19 tory text, (1) and (2) revised ...... 43425 Regulations at 60 FR 61207 and (a) amended; (e) revised ...... 58465 64354 eff. date delayed; (nn), 648.12 Introductory text re- (oo) and (pp) revised; eff. 2–23– vised...... 43425 96 through 5–29–96; (qq) re- Revised...... 58466 moved ...... 7754 648.14 (a)(78), (k) and (l) eff. 7–1–96 Regulations at 60 FR 61207 and through 9–29–96 ...... 34967 61 FR 7754 eff. date correctly (t) redesignated as (u); new (t) delayed to 5–29–96 ...... 25833 added ...... 39910 641.10 Regulation at 60 FR 61207 (k) and (l) revised; (t) redesig- eff. date delayed ...... 7754 nated as (u); (a)(80) through Regulations at 60 FR 61207 and (88) and (u)(6) added ...... 43426 61 FR 7754 eff. date correctly (t) reinstated ...... 53866 delayed to 5–29–96 ...... 25833 (a)(43) revised ...... 54106 641.24 Regulation at 60 FR 61209 (a)(52) revised; (a)(89) added ...... 55776 eff. date delayed ...... 7754 (k)(12) added ...... 56126 Regulations at 60 FR 61209 and (a)(8) revised; (u) redesignated 61 FR 7754 eff. date correctly as (w); (a)(90) through (95), delayed to 5–29–96 ...... 25833 new (u), (v) and (w)(7) added...... 58466 641.31 Added; interim ...... 19 corrected ...... 53866 Revised; eff. 2–23–96 through 5– 648.51 (f) revised...... 38405 29–96 ...... 7754 648.73 (a)(1), (2) and (3) cor- 641.32 Added; interim ...... 19 rected...... 60154 Revised; eff. 2–23–96 through 5– 648.80 (a)(4)(i)(A) and (b)(2)(iii) re- 29–96 ...... 7754 vised; (b)(5) added ...... 54106 641.33 Added; interim ...... 20 (a)(8) revised...... 55777 Revised; eff. 2–23–96 through 5– (a)(8)(i) revised ...... 68165 29–96 ...... 7754 648.81 (d) and (g)(1) revised; (i) 641.34 Added; interim ...... 20 added...... 55777 Removed ...... 7754 648.83 (b)(3) added...... 49277 642 Temporary regulations ....2728, 6175, 648.87 (b)(1) revised; (b)(2) amend- 7078, 11345 ed ...... 47828 Removed; interim...... 34964 (b)(1) revised...... 55777 645 Removed; interim ...... 34964 648.88 (d) added ...... 39910 646 Removed; interim ...... 34964 648.123 (b)(3) added ...... 56126 647 Removed; interim ...... 34964 648.120—648.126 (Subpart H) Re- 648 Added ...... 34968 vised...... 43426 Temporary regulations ...... 35142, 60044 648.124—648.125 (Subpart H) Eff. 7– Quotas...38403, 52384, 52715, 54578, 54579, 1–96 through 9–29–96 ...... 34967 56902, 64999, 67497, 68164 648.140—648.146 (Subpart I) 648.1 (a) revised...... 43424 Added ...... 58467 648.2 Amended ...... 39910, 43424, 49277, 649.2 Amended; interim; eff. 4–1– 56126, 58464 96 through 6–25–96 ...... 13456 648.4 (a)(1)(ii) revised ...... 39910 649.8 (c)(11) and (12) added; in- (a)(6) added; (b) revised ...... 43424 terim; eff. 4–1–96 through 6–25– (a)(1) introductory text revised 96...... 13456 ...... 49277 (a)(4) revised...... 16883 (a)(6)(i)(A)(3) added...... 56126 649.23 Added; interim; eff. 4–1–96 (a)(7) added; (b) revised ...... 58464 through 6–25–96 ...... 13456 648.5 (a) amended ...... 43425 649 Figures 4, 5 and 6 added; in- (a) revised...... 58465 terim; eff. 4–1–96 through 6–25– 648.6 (a) revised...... 43425, 58465 96...... 13458 648.7 (a)(1)(i), (2)(i), (b)(1)(i) and 650 Removed...... 35011 (iii) amended; (f)(3) revised...... 43425 650.21 (c) revised...... 8492 (a)(1)(i), (b)(1)(i) and (iii) amend- (c) correctly revised ...... 15733 ed; (a)(2)(i) and (f)(3) revised .....58465 651 Notice of availability ...... 26487
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page Removed...... 35011 660.324 Corrected ...... 48643 651.2 Amended ...... 27731 660.404 OMB number pending ...... 34600 651.4 (a), (b), (c), (e), (f), (h)(1)(ii), 660.408 OMB number pending ...... 34601 (iii) and (q) revised ...... 27732 661 Inseason adjustments...... 8497, 26125 651.9 Revised ...... 27734 Temporary regulations ...... 31873 651.10 Revised ...... 27737 Removed...... 34611 651.20 (a)(2), (3)(i)(B), (4)(i)(E), (5), 661 Appendix amended ...... 20187 (6)(iii)(C), (7), (8) introductory 662 Quotas ...... 48853 text, (i), (iii)(B), (c)(1), (2), 663 Specifications and fishery (3)(ii), (5), (d), (e)(2), (f)(2), management measures ...... 279 (g)(1), (2), (i), (j) introductory Specifications ...... 18988 text and (7) revised; (a)(9) Restrictions ...... 21102 added...... 27737 Temporary regulations...... 28796 651.21 (a)(2)(i), (b)(2)(i), (c)(2)(i), Removed...... 34611 (d) and (e) introductory text re- 663.2 Amended ...... 28794 vised; (f), (g) and (h) added ...... 27740 663.7 (n) and (o) revised...... 28794 651.22 Revised ...... 27741 663.23 (c)(1)(i)(G), (H), (I) and 651.23 (a) introductory text, (d) (ii)(A) revised; (c)(1)(i)(J), (K) and (e) revised...... 27743 and (L) added; (c)(2) removed; 651.27 Revised ...... 27743 (c)(3) redesignated as (c)(2)...... 14477 651.28 Heading and (b) revised; (a) (b)(2)(i)(A), (B), (ii), (iv) and amended; (c) removed ...... 27743 (3)(i) revised...... 16402 651.29 Revised ...... 27743 (b)(1) and (4)(i) through (iv) re- 651.31 (d) added ...... 27745 vised ...... 28794 651.32 (a)(1)(ii)(B) revised; 663.24 Added ...... 28795 (a)(1)(iv) added ...... 8494 663 Appendix amended ...... 28796 Revised...... 27745 669 Removed; interim ...... 34964 651.33 Revised ...... 27745 670 Removed; interim ...... 34964 651.34 Added ...... 27746 671 Removed...... 31230 651.40 Revised ...... 27746 672 Temporary regulations ....2457, 3332, 651 Figure 9 added...... 8495 3333, 3602, 4594, 8888, 9956, 10286, 10901, Figures 1, 3 and 4 revised; Fig- 11589, 11590, 13462, 17256, 21104, 24730, ure 5 removed ...... 27747 27312, 28069, 28070 652 Quotas ...... 293 Specifications ...... 4304 Removed...... 35011 Fishery management measures 653 Removed; interim ...... 34964 ...... 9955 655 Specifications ...... 8496 Removed...... 31230 Revised...... 14468 672.1 (a) revised ...... 5611 Removed...... 35011 672.2 Revised ...... 5611 655 Figure 1 added ...... 14477 672.3 (a) and (c) revised ...... 5614 656 Removed...... 29321 672.4 Revised ...... 5614 657 Removed...... 35011 672.5 Revised ...... 5615 658 Temporary regulations ...... 24728 672.7 (i) and (j) revised; (p) and (q) Removed; interim...... 34964 added ...... 5622 659 Removed; interim ...... 34964 672.20 (a)(1), (c)(1) heading, (2)(i) 660 Added ...... 34572 heading, (ii) heading, (e)(1), Temporary regulations .....35143, 40156, (h)(2), (i)(4) and (j) revised; 40157, 44185, 48072, 48852, 50255 (c)(1)(i)(A) heading, (i)(1) head- 660 Temporary regulations ...... 51670, ing, (2) heading, (3) heading and 56902 (6) heading added; (g)(1) and (3) Restrictions ....35144, 47089, 48643, 56902 amended ...... 5622 Technical correction ...... 36662 (h)(2) revised...... 24729 Inseason adjustments...... 41988, 43472, (a)(2)(iv), (c)(2)(i) and (ii) re- 48852 vised; (a)(2)(v)(A) amended ...... 27311 660.306 (j) and (k) corrected ...... 48643 (c)(1) amended ...... 27312 660.323 (a)(2)(ii) corrected ...... 37843 672.22 (d) removed...... 5623 (a)(4)(i) corrected...... 48643 672.23 Revised ...... 5623
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page (e) revised ...... 27312 675.27 (a)(1) heading, (2) heading, 672.24 (a) heading, (b) heading, (d) (c)(1) heading, (2) heading, heading, (1), (2), (e), (f)(4) and (e)(2) heading, (f)(1) heading, (5) revised; (d)(3) and (4) redes- (2) heading and (3) heading ignated as (d)(4) and (5); (c)(4) added; Table removed; (d)(2) in- heading, new (d)(3), new (4) troductory text and (g) re- heading, new (5) heading, (f)(2) vised ...... 5643 heading and (3) heading 675 Figures 1, 2 and 3 removed ...... 5643 added ...... 5623 676 Specifications...... 4304, 4311 672 Figures 1 and 2 revised; Fig- Fishery management measures ...... 9955 ures 3 through 7 and Tables 1 Temporary regulations...... 10697 through 11 added ...... 5624 Removed...... 31230 Table 3 amended ...... 19976 676.21 (h) added...... 1845 673 Removed...... 31230 676.22 (a) revised...... 1845 675 Specifications ...... 4311 676.24 (i)(3) revised ...... 1845 Temporary regulations ...... 6323, 7754, 677 Removed...... 31230 7755, 8497, 8498, 8888, 8889, 9113, 677.4 (b)(1), (c)(1), (2) and (e) re- 9370, 10286, 10287, 11345, 12041, vised; interim ...... 13783 13109, 16883, 17256, 17849, 24730, 677.6 (b)(1) heading, (2) and (d) 24905, 25595, 27312, 27796, 28071, heading revised; (d)(3)(ii) re- 28072, 29696, 30544, 31463 moved; (g) added; interim...... 13783 Inseason adjustments ...... 6953 678 Temporary regulations ...... 21978, Removed...... 31230 43185 675.1 (a) revised ...... 5641 Quotas ...... 39099 675.2 Revised ...... 5641 679 Added ...... 31230 675.3 Revised ...... 5641 679 Fishery management meas- 675.4 Revised ...... 5641 ures ...... 51374 675.5 Revised ...... 5641 Temporary regulations .....33046, 33386, 675.7 (a), (l) and (m) revised; (q) 33387, 34377, 36306, 37225, 37226, 37403, 37404, 37700, 38656, 40158, and (r) added...... 5641 40353, 40748, 41024, 41363, 41523, (m) correctly revised ...... 11166 45367, 46399, 46570, 47090, 48074, 675.20 (a)(1), (c)(1), (i)(2) and (j)(4) 48415, 49696, 50256, 50458, 51789, revised; (a)(12) heading, (d) 52385, 52716, 53153, 53154, 53679, heading, (j)(1) heading, (2) 54580, 54677, 54953, 55119, 56150, heading and (3) heading; (h)(1) 57340, 57341, 57781, 58491, 64298, and (3) amended...... 5642 64487, 65989, 68672, 69050 675.21 (a)(1) heading through (6) Recordkeeping and reporting re- heading and (b)(4) heading quirements ...... 52385 added ...... 5642 Inseason adjustments...... 39100, 48073, 675.22 (a) revised; (b) heading 54580, 57780 through (f) heading added ...... 5642 Nomenclature change...... 56438 675.23 (a) and (d) revised; (b) head- Figure 4 and Tables 3 and 9 cor- ing and (c) heading added ...... 5642 rected ...... 40481 675.24 (e) removed; (f), (g) and (h) Technical correction...... 41684, 57002, redesignated as (e), (f) and (g); 64569, 65989 (a)(4), (c)(1) heading, (2) head- Reallocation...... 49418 ing, (3) heading, (d)(1) heading, Specifications and fishery man- (2) heading, new (f)(2) heading agement measures...... 60044 and new (3) heading added; (b), Specifications ...... 64299 new (e) and new (f) heading and 679.1 (h) revised...... 38103 (f) revised ...... 56429 new (4) revised...... 5642 679.2 Amended ...... 33384, 35578, 38104, 675.25 (b) heading revised; in- 38359, 49981, 56429, 65987 terim ...... 20 679.3 (a) and (c) revised ...... 35578
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page 679.4 (d)(1) introductory text and (e)(1) heading and (2) removed; (f)(1)(i) revised ...... 35578 (e)(1)(i) through (vi) and (d)(6)(ii) revised ...... 41525 (iii)(A) through (D) redesig- (g) removed; (f)(1)(i), (ii) and nated as (e)(1) through (6) and (2)(ii) revised ...... 56430 (3)(i) through (iv); (e) intro- 679.5 (l) introductory text re- ductory text and new (6) re- vised...... 35578 vised ...... 41745 (l)(1)(i) introductory text, 679.40 (a)(5)(ii) revised...... 33385, 43314 (ii)(B), (2)(i), (iii) and (v) re- Introductory text revised ...... 35579 vised; (l)(1)(i)(C) added...... 41525 (c)(3) revised; (g) added ...... 41525 (a)(1)(i), (h)(2)(i)(B), (ii)(D), 679.41 (g) and (h) revised ...... 33385 (l)(2)(ii)(A), (iii)(A) and (C) re- (b)(1), (d)(4), (5) introductory vised; (a)(1)(iii) added; text, (g)(1), (2) and (h) revised; (h)(2)(i)(C) removed ...... 49981 (k) added...... 41526 (a)(2) revised...... 56431 (e)(2) revised; (e)(3) added ...... 67964 679.7 (f)(13) revised; (f)(16) 679.42 (a), (i), (j) introductory added...... 33385 text, (1) and (4) revised; (k) (a)(6)(i), (b)(3), (f)(4) and (11)(i) added...... 33385 revised...... 35578 (a) revised...... 43314 (h) added...... 38104 679.50 (Subpart E) Revised ...... 56431 (a)(12) added...... 38359 (f)(1)(iii)(B)(1) and (2)(iii)(B)(1) (b)(2) removed...... 41525 revised...... 63761 (b)(1), (f)(14), (g)(5), (6) and (7) re- (c)(1)(viii) and (ix) added...... 65989 moved; (b)(2), (3), (4), (f)(15), 679.51 (a)(2)(v) revised ...... 49981 (16), (g)(3), (4), (8) and (9) re- 679.52 (e)(3) introductory text, (i), designated as (b)(1), (2), (3), (ii), (iii), (4), (5), (6) introduc- (f)(14), (15) and (g)(4) through tory text, (i), (ii) and (iii) redes- (7); (a)(3), (g)(2) and new (7) re- ignated as (e)(2)(iii) introduc- vised; (g)(3) added ...... 56431 tory text, (A), (B), (C), (iv), (v), (c)(1) removed; (c)(2), (3) and (4) (vi) introductory text, (A), (B) redesignated as (c)(1), (2) and and (C) ...... 49981 (3) ...... 65987 679.60—679.65 (Subpart F) Re- 679.20 (a)(5)(i)(A) revised ...... 39602 vised...... 38104 (a)(7) revised...... 59030 679.62 (d) revised ...... 65989 679.21 (b)(1) revised ...... 35579 679 Table 7 amended...... 41745 (b)(2)(ii) and (c)(1) revised...... 38359 680 Removed...... 34611 (c)(3) revised ...... 56431 681 Quotas...... 6577 (e)(1)(i), (6), (7)(ii) and (iii) re- Removed...... 34611 vised; (e)(7)(vi)(A) heading and 681.2 Amended ...... 35150 (1) removed; (e)(3)(ii)(B) and 681.4 (b)(2), (d) and (f) revised; (g) (7)(vi)(A)(2) redesignated as removed; (h) through (l) redes- (e)(3)(ii)(C) and (7)(vi)(A); new ignated as (g) through (k) ...... 35150 (e)(3)(ii)(B) added...... 65987 681.5 (b) and (d) removed; (c) and 679.22 (a)(1), (2) and (3) revised; (e) redesignated as (b) and (c); (a)(9) and (10) added ...... 65988 (a) and new (b) revised ...... 35150 679.23 (e)(4)(i) and (f) revised...... 35579 681.7 (a)(5), (b)(2), (3) and (4) re- (e)(2) revised; (e)(3) and (4)(iii) moved; (b)(5) through (14) re- removed; (e)(4) redesignated designated as (b)(2) through as (e)(3) ...... 39602 (14); (b)(1)(i) through (v) and 679.24 Introductory text re- new (b)(6), (7), (9) and (11) re- vised...... 35579 vised...... 35150 (b)(1)(iii) and (c)(4) revised...... 49077 681.10 Revised ...... 35150 679.26 Added ...... 38359 681.11 (a) introductory text re- 679.30 (b)(1)(ii) revised...... 35579 vised...... 35150 (d)(2)(iv) amended...... 41745 681.12 Added ...... 35150 679.32 (e)(1)(vi) correctly re- 681.21 Removed; new 681.21 redes- moved ...... 37843 ignated from 681.23...... 35151
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50 CFR—Continued 61 FR 1997 Page 681.22 Removed; new 681.22 redes- 50 CFR 62 FR Page ignated from 681.24...... 35151 Chapter VI Policy statement ...... 8178, 681.23 Redesignated as 681.21; new 44421 681.23 redesignated from 600 Specifications and fishery 681.25 ...... 35151 management measures ...... 700 681.24 Redesignated as 681.22; new Technical correction ...... 3335, 18300 681.24 redesignated from Authority citation revised ...... 23669 681.26 ...... 35151 600.10 Amended...... 14646, 66551 681.25 Redesignated as 681.23; new 600.215 Introductory text re- 681.25 redesignated from 681.27; moved; (a) through (g), (c)(1) (b) and (g)(1) amended ...... 35151 through (6), (f)(1), (2), and (g)(1) 681.26 Redesignated as 681.24; new through (6) redesignated as 681.26 redesignated from 681.28; (a)(1) through (7), new (a)(3)(i) (a) introductory text, (b)(1) and through (vi), new (a)(6)(i) and (3) amended ...... 35151 (ii) and new (a)(7)(i) through 681.27 Redesignated as 681.25; new (vi); new (a) introductory text and new (b) added ...... 47586 681.27 redesignated from 600.508 (f) revised ...... 27183 681.29 ...... 35151 (f)(2)(i)(D) revised ...... 34397 681.28 Redesignated as 681.26; new 600.750—600.760 (Subpart I) 681.28 redesignated from 681.30; Added ...... 23669 (b) and (c) removed; (d), (e) and 600.805—600.815 (Subpart J) (f) redesignated as (b), (c) and Added; interim ...... 66551 (d); (a)(8) and new (c) re- 600.905—600.930 (Subpart K) vised...... 35151 Added; interim ...... 66555 681.29 Redesignated as 681.27; new 622 Temporary regulations .....689, 1402, 681.29 redesignated from 681.31; 3808, 9718, 14651, 42417 heading, (a) and (b) revised; (c) Technical correction ...... 46680 removed; (d) redesignated as Temporary regulations .....52045, 61700, (c)...... 35151 63677, 66304, 67010 681.30 Redesignated as 681.28; new 622.2 Amended ...... 18539 681.30 redesignated from 681.32 622.4 (a)(2)(i), (v), (g) and (p)(3)(i) and revised ...... 35151 amended; (m) and (n) re- 681.31 Redesignated as 681.29 ...... 35151 vised...... 13986 681.32 Redesignated as 681.30 ...... 35151 (d) and (p) revised ...... 67721 683 Removed...... 34611 (a) introductory text, (2) head- ing, (ix), (g) and (i) through (l) 683.2 Amended...... 8891 revised...... 67722 683.4 (d) added ...... 8891 622.7 (a), (b) and (c) revised ...... 67722 683.6 (i) and (j) amended; (f) 622.31 (a) amended; (c) revised ...... 13987 through (k) redesignated as (g) 622.32 (b)(2)(iii) revised ...... 13988 through (l); new (f), (m) and (n) 622.34 (l) revised...... 46679 added ...... 8891 (i)(1) Amended ...... 47767 683.9 Redesignated as 683.10; new (c) amended; (l) revised...... 67722 683.9 added...... 8891 (g) introductory text and (1) 683.10 Redesignated as 683.11; new amended ...... 67723 683.10 redesignated from 622.36 Introductory text through 683.9 ...... 8991 (c) redesignated as (b) intro- 683.11 Redesignated from ductory text through (3); (a) 683.10...... 8891 added...... 67723 683.29 (a) amended ...... 8891 622.37 (d)(4) amended...... 13988 685 Removed...... 34611 (d)(1) revised,; (d)(6) added; eff. 695 Removed...... 35579 9–14–97 to 3–10–98 ...... 47766 Regulation at 62 FR 47766 eff. 697 Revised ...... 29321 date extended ...... 67715 697.6 (a) stayed...... 34746 622.39 (c)(1)(ii) revised...... 23674
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page (a)(2)(iv) added; (b)(1)(ii) and (v) 648.4 Heading, (a) introductory revised...... 67723 text, (c) introductory text, (1), 622.40 (a)(2) revised ...... 13988 (2) introductory text, (i), (f), (j), 622.41 (g) added ...... 18539 (k) and (l) revised; (a)(8) and 622.42 (a)(3) revised ...... 13988 (c)(3) added; (b) amended ...... 13299 (c)(1)(ii) and (2) revised ...... 23674 (a)(1)(i)(E)(2), (6)(i)(B)(1), (a) introductory text removed; (c)(2)(ii)(A) and (B) revised ...... 14646 (a)(1) and (2) revised; eff. in (c)(2)(iii) revised; interim ...... 15386 part 10–6–97 ...... 46679 (b) revised...... 27984 (a)(1)(i) revised ...... 67723 (a)(5)(ii), (iii) and (iv) redesig- 622.43 (b)(1) amended...... 13988 nated as (a)(5)(iii), (iv) and (v); (a)(1) revised; eff. 10–6–97...... 46679 (a)(5) introductory text, (i)(A), (a)(5) amended; (e) revised ...... 67723 new (iii) and new (iv) revised; 622.44 (a)(2)(i)(A), (B), (ii)(B)(1), new (a)(5)(ii) added ...... 28642 (2), (b)(1)(ii)(A), (B), (C) and (2) Regulation at 62 FR 15386 con- revised ...... 23674 firmed...... 49148 (e) revised ...... 67723 (c)(2)(3)(B) corrected...... 51381 622.48 (d)(1) revised ...... 13988 (c)(2)(iii)(B) corrected...... 51381 (h) added...... 18539 (a)(3)(i)(B)(2) removed; 622 Appendix A amended ...... 13988, 67723 (a)(3)(i)(C), (5)(i)(A)(2), (C), Appendix D added ...... 18539 (ii)(A)(2), (C), (6)(i)(A)(2) and 628 Removed...... 13301 (C) revised ...... 63875 630 Quota...... 13350 648.7 (f)(2) revised ...... 14646 Temporary regulations ...... 26427, 50257 630.1 (b) revised...... 55361 648.9 (e) revised...... 14646 630.2 Amended ...... 55361 648.10 (a) table amended; (e) re- 630.4 (a) revised...... 55361 moved; (f) redesignated as (e); 630.7 (c) revised; (bb) and (cc) (b) introductory text, (1), (c)(1), added...... 55361 (2), (3), (5) and new (e) introduc- 630.7 Regulation at 61 FR 64487 eff. tory text revised; new (f) date corrected to 12–1–96 added...... 14647 through 5–29–97 ...... 30776 (c)(3) and (f) revised; interim ...... 15386 (aa) added ...... 30776 Regulation at 62 FR 15386 con- 630.21 Revised ...... 55361 firmed...... 49148 630.23 (a) and (b) amended...... 55362 (f)(2) correctly revised ...... 51381 630.24 (a) redesignated as (a)(1); 648.10 (f)(2) correctly revised...... 51381 (a)(2) and (b)(5) added; (b)(1), 648.12 (a), (b) and (c) added ...... 37156 (2), (3), (c), (d)(4) and (e) re- 648.13 (a) revised ...... 28642 vised...... 55362 648.13 (d) added ...... 63875 630.25 Heading and (a)(1) revised; 648.14 (a)(96) added; eff. 2–13–97 (b) amended ...... 55362 through 7–15–98 ...... 1831 640 Rescission...... 14352 (a)(89) revised; (c)(11) added...... 9379 648 Quotas...... 4021, 11108, 34016, 37741, (a)(97), (98) and (99) added...... 10748 43127, 43674, 44424, 47767, 50525, 52275, (w) redesignated as (x); new (w) 55362, 67754 added ...... 13300 Specifications ...... 10478 (a)(19), (37), (40), (43), (48), (50), Technical correction...... 11953, 13733 (57) introductory text, (i), (86), Nomenclature change...... 14651 (96), (c)(6), (7), (d)(3), (h)(1), (9), Temporary regulations .....36738, 38039, (i)(1) and (x)(1)(iii) revised; 64765 (a)(100) and (d)(4) added; (c)(10) 648.1 (a) revised...... 13299 and (r) removed ...... 14647 648.2 Amended .....2620, 9379, 10748, 13299, (a)(43), (b), (c)(1) and (7) revised; 14646 (c) (11) through (19) added; in- Amended; interim...... 15385 terim ...... 15386 Regulation at 62 FR 15385 con- (a)(89) revised ...... 15428 firmed; amended...... 49148 (a)(96) reinstated; (a)(101) cor- Corrected ...... 51381, 51381 rectly added...... 18300
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page (a)(89) through (101) redesig- (e) introductory text removed; nated as (a)(90) through (102); interim ...... 15388 new (a)(89) added...... 27984 Regulation at 62 FR 15388 con- (p)(2) through (8) redesignated firmed...... 49148 as (p)(3) through (9); (a)(75) 648.82 (b)(1)(i), (2)(i), (5)(i) and and new (p)(6) revised; new (7)(i) revised; (j) added ...... 2620 (p)(2) added ...... 28642 (b)(1)(ii), (2)(ii), (4)(i) introduc- (a)(103) added; (c)(1), (11), (12), tory text, (ii), (6)(i), (d)(2)(i) (13), (15), (18) and (19) revised introductory text and (g) re- ...... 37156 vised ...... 14650 Regulation at 62 FR 15386 con- (g) revised; (j) added; interim...... 15388 firmed; (c)(9) revised; (c)(11) (j) redesignated as (k); new correctly designated as (c)(10); (k)(1)(i) and (iv) revised ...... 37156 (c)(20) and (21) added ...... 49148 Regulation at 62 FR 15388 con- (a)(89) revised ...... 52274 firmed...... 49148 (a)(89) correctly revised ...... 52274 (g), (h), (k)(1)(ii) and (iv)(A) re- (j)(9) added...... 63875 vised ...... 49149 (u)(1) revised...... 66310 648.86 (a)(2)(iii) revised; (b) re- 648.15 (c) added...... 14648 moved; (c) redesignated as 648.20 (b), (c) and (d) revised ...... 8637 (b) ...... 14650 648.21 (c)(5) revised ...... 8637 (a)(1) revised; (c) and (d) added; 648.22 (a) and (c) revised ...... 8637 interim ...... 15389 648.23 (b)(3)(ii) and (4) revised ...... 14648 (b) and (c) redesignated as (c) 648.51 (e) introductory text re- and (b); new (b)(1)(i), (ii) intro- vised...... 14648 ductory text, (iii) and (2) re- 648.52 Heading and (a) revised...... 14648 vised; (d) removed...... 37157 (a) revised...... 37156 Regulation at 62 FR 15389 con- 648.53 (a) and (b) introductory firmed...... 49148 text revised ...... 14648 648.87 Heading, (a), (b) heading (e) revised; interim ...... 15386 and introductory text re- Regulation at 62 FR 15386 con- vised ...... 9379 firmed...... 49148 Heading, (a) and (b) revised ...... 15428 648.54 (a), (b)(1) and (c) revised...... 14649 Section heading, (a), and (b) re- (b)(2) revised; (g) added ...... 43470 vised ...... 52274 648.55 (d), (e) and (f) redesignated 648.87 Heading, (a) and (b) cor- as (f), (g) and (h); heading and rectly revised ...... 52274 new (f)(3) revised; new (d) and 648.90 (b)(2) and (3) redesignated new (e) added...... 1404 as (b)(3) and (4); (b) introduc- 648.56 Added ...... 1831 tory text, (1) and new (3)(iii) re- 648.73 (a)(1), (2) and (3) revised ...... 14649 vised; new (b)(2) added ...... 1405 (a)(2) and (3) revised...... 37156 (a)(3) revised...... 14650 648.80 (a)(2)(iii) revised; (a)(10) 648.100 (b)(8) revised...... 14650 added ...... 8404 (a) revised...... 66310 Introductory text, (2)(iii), 648.103 (a) revised...... 10478 (3)(iii), (5) introductory text, (b) revised...... 37157 (7)(iv) introductory text, (D), (c) revised ...... 63875 (b)(2)(iii), (3)(i), (c)(1) and (2)(i) 648.104 (a)(1) revised; (f) added ...... 63876 revised...... 14649 648.105 (a) amended ...... 37157 (a)(2)(iii), (3)(i), (b)(2)(iii) and (5) 648.106 Introductory text re- revised; (a)(11), (12), (13) and vised...... 14651 (b)(6), (7) and (8) added; in- 648.120 (b)(1), (c) and (d) revised; terim ...... 15387 (b)(2) through (8) redesignated Regulation at 62 FR 15387 con- as (b)(4) through (10); new firmed; (a)(2)(iii), (11), (b)(2), new (3) and (e) added ...... 27984 (b)(2)(iii) and (8) revised...... 49148 648.121 Revised ...... 27985 648.81 (f)(2)(ii) revised...... 9379 648.123 (a)(1) revised...... 12107 (j) through (m) added...... 10748 648.143 (a) amended...... 66310
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page 648.144 (b) revised...... 25138 660.336 Revised ...... 34674 (a)(1)(i) amended...... 66310 660.410 Heading and (a) revised; 648.160—648.163 (Subpart J) (c) added ...... 35451 Added ...... 13300 660.501—660.513 (Subpart I) 649.2 Amended ...... 10750 Added ...... 19043 649.8 (a) introductory text, (b), (c) 660.513 Corrected ...... 20066 introductory text, (1)(iv), (2) 662 Removed...... 19045 and (4) revised; (c)(1)(v) 674 Removed...... 19687 added ...... 9993 678 Temporary regulations ...... 16656, (c)(11), (12) and (13) added...... 10750 38942 649.23 Added ...... 10750 Quota...... 26428 649.24 Added ...... 9993 678.2 Amended ...... 16655 649.44 (e), (f) and (g) redesignated 678.5 (b)(1)(iv)(A) and (B) amend- as (f), (g) and (h); heading and ed ...... 16655 (f)(3) revised; new (e) added ...... 1405 678.7 Revised ...... 16655 660 Specifications and fishery 678.22 (d) added ...... 16656 management measures ...... 700 678.23 (b) and (c) revised ...... 16656 Technical correction...... 3335, 4576 (b) and (c) redesignated as (b)(1) Inseason adjustment ...... 19937, 43485, and (2); (b) heading, introduc- 60788, 63876 tory text and new (c) added...... 27704 Fishery management measures 678.24 (b) revised ...... 16656 ...... 24355, 28108, 53577, 61700 678.29 Added ...... 16656 Temporary regulations .....24845, 25872, 679 Inseason adjustments ...... 2043, 7948, 32048, 39782 8883, 10752, 20129, 26429, 30287, 31010, Heading revised ...... 27524 38038, 52275 Harvest guidelines ...... 28376, 33761 Nomenclature change ...... 2047 Restrictions ...29676, 30776, 32543, 36228, Specifications and fishery man- 38942, 45357, 46920, 51381, 51381, agement measures...... 34182 51814 Temporary regulations ...... 4192, 5781, Quotas ...... 44425 6132, 7168, 8179, 8188, 8406, 8407, 660.12 Amended...... 35449, 47587 8638, 9379, 9718, 9994, 10222, Corrected...... 43294 10479, 11770, 11771, 13351, 13352, 660.14 (f)(2) revised ...... 27524 14352, 14651, 14652, 16112, 16736, 660.42 (a)(4) removed; (a)(5) 17568, 18542, 18725, 19061, 19062, through (8) redesignated as 19394, 22896, 24058, 25138, 26429, (a)(4) through (7); new (a)(8), (9) 26992, 27210, 30287, 31367, 32048, through (12) and (b)(5) 32049, 33375, 36018, 36739—36741, added...... 35449 37157, 38039, 38943, 39782, 39783, 660.48 (a)(7) and (8) added; eff. in 40309, 40474, 40754, 40755, 43485, part 1–1–98 ...... 35450 43486, 43954, 46680, 46681, 47768, 660.50 (b)(4) added...... 35450 48497, 48498, 50888, 52046, 53579, 660.61 (a) revised...... 8638 54397, 54592, 58688, 59623, 61457, 660.306 (b) amended; (j), (k), (m), 63877, 63878, 64766, 67754, 68229 (q) and (r) revised; (u), (v) and Technical correction...... 19659, 26854 (w) added ...... 27521 Authority citation revised ...... 19687 (s) and (t) added ...... 34674 Apportionment ...... 31369, 66031 660.323 (a)(3)(i), (iv) and (4) re- Reporting and recordkeeping re- vised...... 27522 quirements ...... 37523 (a)(2) introductory text revised; 679.1 (c) and (g) revised ...... 2045 (a)(2)(i) through (v) redesig- (i) added...... 19687 nated as (a)(2)(ii) through (vi); Reallocation ...... 51609, 53973, 55539 new (a)(2)(i) added ...... 34674 Fishery management measures (a)(2) revised...... 45356 ...... 65622, 65626 660.333 (a), (d) and (h)(2)(iii) re- 679.1 (d)(2) revised...... 59298 vised; (c)(1) amended...... 34674 679.2 Amended....2045, 17752, 17755, 19687, 660.334 (a) revised...... 34674 35111, 63890, 66831 660.335 (a) revised...... 34674 Corrected ...... 26428, 38944
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page 679.3 (d) revised ...... 2045 (e)(1)(iii) through (vi) and (7)(iv) (f) added...... 19688 through (vii) redesignated as 679.4 (c)(3)(iii) and (4)(iii)(A) re- (e)(1)(iv) through (vii) and vised ...... 2045 (e)(7)(v) through (viii); (c)(10)(i) revised; (g) added; eff. (e)(3)(ii)(A), (C) and (6) re- in part 7–1–97 through 6–30–00 vised; new (e)(1)(iii) and new ...... 17752 (7)(iv) added...... 66831 (b)(4)(i) and (f) revised ...... 17756 679.22 (g) added ...... 2046 679.23 (e)(2)(ii)(B) and (3)(ii) re- (h) added...... 19688 vised ...... 2046 679.5 (a)(1)(iii), (7)(v)(E), 679.24 (e) added...... 23183 (10)(i)(A), (B), (ii) through (iv), 679.27 Added ...... 63890 (h)(2)(ii)(A), (D), (3)(i)(E), (a) and (b) revised ...... 65381 (i)(3)(ii) through (v), (j)(2) and 679.40 (a)(5)(ii)(B) revised...... 59299 (4)(ii), (iii) and (iv) revised; 679.42 (f)(1), (2) and (3) revised...... 7948 (h)(2)(i)(C) and (ii)(F) added ...... 2045 (j) introductory text amended .....19690 (a)(2), (5)(iii), (iv), (10)(i)(A), (B), 679.42 (c) revised ...... 60669 (c)(3)(i) introductory text, (B), (c)(2)(iii) corrected ...... 66311 (C), (D), (ii)(A), (D), (iv) head- 679.43 (a) revised ...... 17753 ing, (v) heading, (d)(2)(i), 679.50 (i)(2)(xiv)(E)(4) revised ...... 60182 (e)(2)(i) and (f)(2)(i) revised; (c)(1)(i), (ii), (3) introductory (a)(6)(iii)(H), (8)(ii)(A), (9)(ii), text, (d)(1) and (2) revised ...... 63891 (10)(i)(A), (f)(2)(ii)(E), Heading, (c)(1)(vi), (vii), (i)(1)(i), (g)(3)(iii)(E), (iv), (h)(3)(iv) and (iii), (2)(xiv) introductory (k)(2)(ii)(C) amended; text, (G) and (j)(7)(iv) revised; (c)(3)(iii)(A), (B) and (vi) added (h)(2)(i)(A)(4) removed; ...... 17756 (h)(2)(i)(A)(5) redesignated as (a)(1) introductory text revised (h)(2)(i)(A)(4) ...... 67760 ...... 19690 679.64 Revised ...... 68231 (l)(1)(i)(B) revised; (l)(1)(i)(D) 679 Table 2 amended ...... 2047 added ...... 26247 Table 10 revised ...... 11109 (a)(10)(i)(C) correctly removed; Tables 1 and 3 amended...... 60670 (i)(3)(ii), (iii), (iv), (j)(4)(ii), 697 Revised; eff. 10–22–97...... 49455 (iii) and (iv) corrected...... 26749 679.5 (l)(2) revised...... 59299 1998 (l)(1)(iv) revised ...... 60669 50 CFR 63 FR (c)(3)(ii)(G) and (e)(2)(ii)(F) Page added ...... 63890 Chapter VI 679.7 (b)(1) removed; (b)(2) and (3) redesignated as (a)(13) and 600 Specifications...... 419 (b) ...... 2046 Workshop...... 52984, 56094, 67624 Heading revised ...... 7073, 24229 (a)(14) and (i) added; (b) and Technical correction ...... 10677 (c)(3) removed...... 19690 Fishery management measures (g)(1) revised ...... 67760 ...... 24970 679.20 (d)(2) revised...... 2046 Regulations at 62 FR 66531, com- (f)(2) revised...... 11110 ment period extension ...... 8607, 26250 (b)(2), (3) heading, (i)(A), (ii)(A) Restrictions ...... 36612 and (B) revised; (b)(2)(i) and Temporary regulations ...... 53313 (ii) added ...... 15127 Fishing restrictions...... 64209 (g)(5)(ii) revised ...... 63890 600.5 (a) and (b) amended...... 7075 (a)(8) redesignated as (a)(9); new 600.10 Amended...... 7073, 7075 (a)(8) and (c)(6) added...... 68228 600.15 (b)(7) removed; (b)(8) 679.21 (e)(1)(ii) and (6) revised; through (13) redesignated as (e)(1)(iii) removed; (e)(1)(iv) (b)(7) through (12) ...... 7073 through (vii) redesignated as 600.105 (a), (b) and (c) amended ...... 7075 (e)(1)(iii) through (vi)...... 13841 600.115 (a) and (b) amended...... 7075
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued 600.205 (a) and (b) amended...... 7075 (b) introductory text and (h)(3) 600.210 (a) amended...... 7073 introductory text amended ...... 7075 600.215 (a)(4) amended...... 7073 600.507 (a)(4) and (i) amended ...... 7075 (a)(3) amended...... 7075 600.511 (c)(1) amended...... 7075 600.225 (b)(2) amended...... 7075 600.512 (a) amended...... 7075 (b)(4) amended; (b)(8) revised ...... 64185 600.515 Amended...... 7075 600.230 Amended...... 7073 600.516 (c) amended...... 7075 600.235 (c) amended...... 7073 600.518 (b)(3) and (e)(1)(iv) amend- (a) amended...... 7075 ed...... 7075 Revised...... 64185 600.520 (b)(2)(ii), (iii) and (3) 600.245 (a) amended...... 7075 amended ...... 7075 600.305 (a)(2), (3), (c)(1) and (3) 600.610 (a)(1) amended...... 7075 amended ...... 7075 600.615 (d)(2) revised ...... 7075 (a)(2) and (3) amended; (c)(1), (3), 600.725 (a), (b), (d), (f), (g), (h), (j), (11) and (12) revised; (c)(13) re- (k) and (p) amended ...... 7075 moved...... 24229 (p) redesignated as (t); new (p) 600.310 (b) and (f)(3) introductory through (s) and (u) added; new text amended ...... 7073 (t) revised ...... 27217 (c)(7)(i), (iii), (f)(1), (2) introduc- 600.730 (a) amended...... 7075 tory text, (5) and (h) introduc- 600.735 Amended...... 7075 tory text amended...... 7075 600.740 (a) introductory text text, Revised...... 24229 (4), (b) and (c) amended ...... 7075 600.315 (e)(3) and (4) redesignated 600.745 (a), (b)(1), (2) introductory as (e)(4) and (5); new (e)(3) text, (viii), (3)(i) introductory added; (c)(2), (3), (e)(1) intro- text, (ii), (iii) introductory ductory text, (ii) and new (4) re- text, (iv), (v), (c)(2), (d)(1), (2) vised...... 24233 introductory text, (2)(x), (3)(i) 600.320 (c) amended...... 7075, 24234 and (ii) introductory text 600.325 (c)(3)(ii) amended ...... 7075 amended ...... 7075 (c)(3)(ii) revised ...... 24234 600.746 Added ...... 27217 600.330 (c)(2) amended...... 7073 600.750 Amended...... 7075 (c) introductory text, (1) and (2) 622 Temporary regulations ....1772, 6109, amended...... 7075 10154, 11628, 15784, 15785, 18147, 37070, (a), (b)(1) and (c)(2) revised; (c) 45186, 58327 introductory text and (1) Fishery opening ...... 9158 amended ...... 24234 Technical correction ...... 37246 600.340 (b)(1) and (2)(iii) amend- Regulation at 63 FR 27500 eff. ed...... 7075 date extended to 5–15–99...... 64430 (b)(1) amended ...... 24234 622.1 Table 1 amended ...... 10565 600.345 Added ...... 24234 622.2 Amended ...... 10565, 18144 600.350 Added ...... 24235 622.4 Regulation at 62 FR 67721 eff. 600.355 Added ...... 24236 date corrected to 12–30–97 ...... 290 600.405 Amended...... 7075 (a)(2)(iv), (v), (vi) and (g) re- 600.415 (c)(2) amended...... 7075 vised; (a)(2)(iii) and (q) added; 600.501 (a)(1), (b), (e)(1)(i), (v) and (d) amended ...... 10565 (i) amended ...... 7075 (a)(2)(ii), (o) heading, (1) and (2) 600.502 (f)(1) amended; (g), Table 1 amended ...... 10569 and Table 2 revised ...... 7073 (a)(2)(vi) and (g) amended; eff. in 600.504 (a)(1) and (b)(5) amend- part 12–14–98...... 38301 ed...... 7075 (a)(2)(x) added...... 57590 600.505 (a)(1), (2), (4), (5), (6), (8), 622.5 (a)(1)(i) revised ...... 10567 (28) and (b)(1) amended...... 7075 (a)(1)(v) amended ...... 57590 600.506 (a), (b)(1), (2), (c)(2), (g)(2) 622.6 (b) revised; (c) and (d) re- and (j)(1) introductory text re- moved ...... 10567 vised; (f), (h)(1), (2)(iii), (3)(ii) (a)(1)(i) introductory text and (j)(2)(i) amended...... 7074 amended ...... 57590
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued 622.7 Regulation at 62 FR 67722 eff. 622.42 (c)(1)(i) and (2)(ii) re- date corrected to 12–30–97 ...... 290 vised ...... 8356 (aa) added; interim; eff. 5–14–98 (c) introductory text amended.....10569 through 11–16–98...... 27488 (a) suspended; (g) added; eff. in (b) revised...... 38301 part 5–14–98 through 10–13–98 (a), (b), (c) and (z) amended ...... 57590 and 4–14–98 through 10–13–98; 622.8 (a) amended ...... 57590 interim ...... 18147 622.9 Added; interim; eff. 5–14–98 (a) reinstated; (a)(1)(i)(A) and through 11–16–98 ...... 27488 (B) amended; (g) removed ...... 45763 622.17 Revised ...... 57590 622.43 (a)(3)(i) and (ii) revised; (c) 622.18 Added ...... 38301 added...... 10569 622.31 (d) removed; (e) through (k) 622.44 (a)(1) introductory text redesignated as (d) through added; (a)(1)(iii) and (2)(i) re- (j) ...... 10567 vised; (b)(2) amended ...... 8356 (a) amended ...... 57590 (a)(2)(ii)(B) introductory text 622.32 (c)(1) revised ...... 10567 revised...... 10569 622.34 Regulation at 62 FR 67723 (a)(2)(ii)(A)(2)(i), (b)(1)(i) and (ii) eff. date corrected to 1–1–98 ...... 290 introductory text amended ...... 10569 (l) suspended; (m) added; eff. 4– Introductory text amended; (c) 29–98 through 10–13–98; interim revised; eff. 12–14–98 ...... 38303 ...... 18146 622.45 (d)(2) amended; (h) (l) suspended; (m) added; in- added...... 10569 terim; eff. 1–1–99 through 6–29– (f)(2) amended...... 57590 99 ...... 72203 622.48 (d)(1) amended; (c) re- 622.35 (e)(2)(i) revised ...... 10567 vised...... 10569 (f) amended...... 57590 (i) added...... 18144 (e)(1)(xxx) through (xxxix) 622 Appendix D amended; eff. 5– added; (e)(2)(i) revised; 14–98 through 11–16–98 ...... 27500 (e)(2)(iv) amended ...... 71794 Appendix D amended and sus- 622.37 (d)(3) revised ...... 444 pended in part; interim; eff. (c)(1) revised ...... 10567 11–27–98 through 5–15–99...64431, 64432 622.38 (a) revised; (h) added...... 10567 630 Temporary regulations ...... 12687, (a) revised; (i) added ...... 38303 23682, 41205 622.39 (c)(1)(ii) revised ...... 8356 (b)(1)(iii) suspended; (b)(1)(iv) Quotas ...... 66490 added; eff. 4–29–98 through 10– 630.24 (a)(3) added; (b), (d), (e) and 13–98; interim...... 18147 (f) revised; (g) and (h) removed; (a)(3) added ...... 38303 eff. 10–8–98...... 51858 (b)(1)(iii) suspended; (b)(1)(vi) 644.5 Suspended; eff. 3–27–98 added; eff. 1–1–99 through 6–29– through 9–23–98; interim ...... 14033 99 ...... 72203 Regulation at 63 FR 14033 eff. 622.40 (b)(3)(i) introductory text date extended to 3–19–99...... 51859 amended...... 10568 644.10 Added; eff. 3–27–98 through (b)(3)(ii)(B) amended...... 38303 9–23–98; interim...... 14033 (c)(3)(ii) amended; (d)(2)(ii) re- Regulation at 63 FR 14033 eff. vised ...... 57590 date extended until 3–19–99 ...... 51859 622.41 (c), (d)(1) and (3) revised ...... 10568 644.21 (a) and (d) suspended; (e) (h) added...... 18144 added; eff. 3–27–98 through 9–23– (h)(2) suspended; (h)(3) added; 98...... 14034 eff. 5–14–98 through 11–16–98 ...... 27500 Regulation at 63 FR 14034 eff. (d)(2)(ii) introductory text and date extended to 3–19–99...... 51859 (d)(3) revised; (d)(4) and (5) (e) suspended; (f) added; eff. 9– added ...... 38303 24–98 through 3–19–99...... 51862 Regulation at 63 FR 27500 eff. 644.26 Added ...... 51862 date extended to 5–15–99...... 64430 (b) removed; interim...... 63422
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued 648 Quotas....444, 3478, 13563, 23227, 40066, (a)(101), (c)(7), (10), (24) and (25) 56867, 57622, 59492, 64006, 68404, 70351, revised; (a)(112) added ...... 15330 71794 (a)(112) correctly designated...... 19850 Temporary regulations...... 2182, 27866, (a)(23), (24), (25) and (x)(1)(ii) re- 32998, 45763, 64433 vised; (a)(105) through (109) Technical correction...... 2184 and (113) added; (x)(1)(iii) Certification...... 11852 amended ...... 27484 Deferral of IVR system report- (a)(36) and (43) revised...... 40377 ing requirements ...... 57931 648.2 Amended ...11593, 27484, 40377, 58329 (a)(112) and (c)(2)(ii) revised...... 42592 Amended; eff. 11–1–98 ...... 52640 (a)(97) added; eff. 8–28–98 648.4 (a)(1) introductory text re- through 2–28–00 ...... 45940 vised...... 11593 Regulation at 63 FR 15326 eff. (a)(4)(i) added ...... 27484 date extended to 3–26–99...... 51862 (a)(5)(i)(B)(1), (ii)(B)(1), (a)(8) revised; eff. 11–1–98...... 52641 (6)(i)(B)(1) and (7)(i)(B)(1) re- (a)(7), (c)(2) introductory text, vised ...... 32144 (i), (ii), (h)(3) and (4) amended (c)(2)(iii)(A), (iv)(B) and ...... 58329 (e)(1)(iv) amended ...... 58329 648.15 (b)(4) added...... 27485 648.7 (a)(1) heading, (i), (3)(i), (ii), 648.17 Added ...... 11595 (b)(1)(i) and (f)(1) revised; (a)(1) 648.23 (a) introductory text re- introductory text amended; vised ...... 1774 (a)(2) redesignated as (a)(3); 648.53 (d) revised ...... 11595 (a)(2) and (g) revised; (b)(1)(iii) 648.56 Added ...... 45940 removed; eff. 11–1–98...... 52640 648.57 Added; interim...... 15326 (a)(1) heading, (i), (3)(i), (ii), Regulation at 63 FR 15326 eff. (b)(1)(i) and (f)(1) revised; date extended to 3–26–99...... 51862 (a)(1) introductory text amended; (a)(2) redesignated 648.73 (d) added ...... 27485 as (a)(3); (a)(2) and (g) revised; 648.75 Introductory text added ...... 27485 (b)(1)(iii) removed; eff. 11–1–98 648.76 Added ...... 27485 ...... 52640 648.80 (d)(2) and (3) revised; (d)(5) (b)(1)(i) and (iii) amended ...... 58329 added ...... 7730 648.9 Heading, (a) (b) introduc- Introductory text revised ...... 11595 tory text, (1), (3) through (6), (a)(5)(i) and (8) revised ...... 15330 (8), (9) and (d) through (g) (a)(8)(i) corrected...... 25416 amended; (b)(2), (7) and (c) re- (b)(2)(iii) revised; (b)(9) added ...... 40377 vised;...... 58329 (a)(8)(iv)(C) and (D) revised...... 42592 648.10 (c)(5) revised; (f)(3) (a)(4)(i)(A) revised ...... 45966 added...... 11593 648.81 (a)(2)(ii), (b)(2) introduc- (d) and (f)(3)(i) revised ...... 15329 tory text, (c)(2)(i) and (f)(2)(ii) (f)(3)(ii) revised...... 42592 revised; (a)(2)(iii) added...... 7730 (a), (b) introductory text, (1), (a)(2)(i), (c)(2)(ii) and (f)(2)(ii) re- (2), (4), (5), (c) introductory vised ...... 11595 text, (e) introductory text, (1) (d), (g), (h) and (j) revised; (n) introductory text, (ii) and added ...... 15331 (f)(1) amended...... 58329 648.14 (a)(13), (31)(iii), (33), (35), (g)(1)(i) corrected...... 25416 (36), (37), (47), (55), (b), (c) intro- 648.82 (a) revised ...... 11595 ductory text, (d) introductory (k)(1)(ii) revised...... 42592 text, (e), (g) introductory text, 648.83 (a)(1) introductory text re- (t) and (x)(4) revised; (a)(31)(ii) vised...... 11595 amended; (a)(31)(iv), (104) and (b)(1) revised...... 42592 (c)(22) through (25) added...... 11594 648.86 Introductory text and (b)(3) (a)(110) and (111) added; interim added; (b)(1) heading, (i), (ii) ...... 15326 and (2) revised...... 11595
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(1)(i), (ii), (b) introductory 660.333 (c)(1), (2), and (d) introduc- text, (1) introductory text, (i), tory text revised; (c)(3), (4), (ii) and (3) revised; (a)(1)(iii) (f)(2) and (3) redesignated as and (b)(4) added...... 15332 (c)(4), (5), (f)(3) and (4); new (b)(1)(ii) introductory text and (c)(3) and (f)(2) added ...... 34608 (A) revised ...... 42592 (c)(1) amended; (d) introductory (b)(1)(ii) introductory text cor- text, (f)(2) and (h)(2)(iii) re- rectly revised ...... 25416 vised ...... 38114 648.87 (a) introductory text, (1)(i) (c)(1) and (d) introductory text and (ii) revised; (a)(3) added...... 15333 corrected ...... 40067 (a)(1)(i) corrected...... 19580 660.336 Heading, (a)(1), (2), (b) in- 648.103 (b) revised...... 27868 troductory text, (c) heading 648.105 (a) revised ...... 27868 and (1) revised; (b)(3), (d) and (e) 648.123 (a)(1) revised...... 72203 added...... 38114 648.142 Revised ...... 27868 660.350 Added; eff. 7–1–98 through 648.143 (a) revised; (b) redesig- 1–4–99...... 36617 nated as (c); new (b) added ...... 27868 678 Temporary regulations ...... 14837, 648.145 (c) amended ...... 11160 41736 654.3 (d) revised...... 44595 Quotas ...... 29355 660 Specifications...... 419, 43324 679 Temporary regulations ....4600, 6110, Technical correction ...... 10677 6111, 6881, 9745, 9974, 10569, 11160, 11629, Inseason adjustments ...... 17736 12415, 12416, 12688, 12697, 12698, 13150, Fishery management measures 16705, 17737, 19666, 19850, 20541, 24984, ...... 24970, 24973, 26250, 30147 27869, 29670, 30412, 30644, 31938, 32765, Temporary regulations .....32764, 46701, 34332, 36193, 36863, 37071, 37507, 38340, 53313, 53317, 55558 38341, 38342, 38758—38760, 39035, 39240, Restrictions ....36612, 42762, 45966, 64209 39241, 39242, 39521, 40839, 40840, 42281, Quotas ...... 44409 44595, 45765, 47439, 49296, 49668, 50170, Announcement ...... 45764 51863, 52658, 52659, 52658, 52659, 52985, 660.12 Amended...... 20540 52986, 53317, 53318, 53340—53342, 56095, Corrected...... 29355 57255, 58658, 59244, 63221, 64652, 65129, Amended; eff. 7–23–98 through 66768, 68210 12–31–98 ...... 40379 Specifications ...... 12027, 30148 660.42 (a)(9) and (b)(5) revised...... 20540 Implementation ...... 13798 (a)(1)(vi) and (13) added; eff. 7– Quotas...... 14379, 49501 23–98 through 12–31–98 ...... 40379 Apportionment ...... 12689, 18848 660.45 (b) revised ...... 20540 Harvest guidelines...... 30147 660.48 (a)(7) revised; (a)(8) redesig- Technical correction ...... 51303 nated as (a)(9); new (a)(8) Reallocation ...... 54381, 63801 added...... 20540 679.1 (e) revised...... 30398 (a)(7) suspended; (a)(10) added; eff. 7–23–98 through 12–31–98 ...... 40379 (h) revised...... 38502 660.50 (b)(2) revised ...... 20541 (j) added; eff. 1–1–00...... 52652 (b)(4) suspended; (b)(5) through 679.2 Amended....8360, 11168, 13011, 30398, (8) added; eff. 7–23–98 through 32145, 38502 12–31–98 ...... 40379 Amended; eff. 10–5–98 ...... 47355 660.68 Revised ...... 35163 Amended; eff. 1–1–99...... 52652 660.89 Added ...... 55810 Corrected and amended ...... 64878 660.302 Amended ...... 34608 679.3 (g) added ...... 38502 Corrected...... 40067 (b) revised; eff. 10–5–98...... 47356 660.303 (c) added ...... 34608 679.4 (f)(1) amended; (i) and (j) 660.306 (h) revised; (x) added ...... 34608 added; eff. 10–5–98 ...... 47356 (y) added; eff. 7–1–98 through 1– (a)(6) and (i) added; eff. in part 4–99 ...... 36617 1–1–99 and in part 1–1–00 ...... 52654 660.323 (a)(2) revised...... 38113 (k) correctly designated ...... 54753
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued (k)(1)(i), (ii), (2) introductory (e)(1)(i) introductory text, (ii) text, (3)(ii)(A)(1), (2), (3), (B), introductory text, (e)(iii) in- (4) introductory text, (i)(A) in- troductory text, (iv) through troductory text, (B) introduc- (vii) and (4) through (9) redes- tory text, (ii) introductory ignated as (e)(1)(ii) introduc- text, (iii), (iv) introductory tory text, (iii) introductory text, (e)(iv) introductory text, text, (v) introductory text, (5) (v) thorugh (viii) and (3) introductory text and (i) in- through (8); (b)(2)(ii), (3), new troductory text amended...... 64878 (e)(1)(viii), (2), new (3)(i) and (k)(5)(ii) introductory text and new (4)(i) revised; new (e)(1)(i) (8)(iv) introductory text introductory text added; new amended ...... 64879 (e)(1)(ii) introductory text, 679.5 (h)(2)(i)(C) and (ii)(F) re- new (iii) introductory text, vised; (n) added (effective date (3)(i) and (ii)(B)(2) ...... 30401 pending) ...... 30399 (c)(1) amended ...... 32145 (a) through (l) revised; (m) (e)(7)(iv)(B), (vii)(B) and added; eff. 10–5–98 (OMB num- (viii)(B) removed; (e)(7)(iv)(A), ber pending)...... 47356 (vii)(A) and (viii)(A) redesig- 679.7 (b) added ...... 8360 nated as (e)(7)(iv), (vii) and (d) revised...... 30400 (viii); eff. 10–5–98 ...... 47367 (a)(12) revised ...... 32145 (e)(4)(iv)(D) correctly des- ignated ...... 50801 (h) removed; (i) redesignated as 679.22 (c) revised ...... 13011 (h)...... 38502 (h) added...... 30401 (a)(1), (2) and (5) heading re- (g) removed...... 38502 vised; (a)(15) and (16) revised; (a)(93), (5)(i), (6) and (9) revised; eff. 10–5–98...... 47367 (a)(7)(ii), (8)(ii) and (b)(2)(ii) (i) added; eff. 1–1–00...... 52657 amended; (a)(10) heading and (i) correctly designated ...... 54753 (i) added; eff. 10–5–98 ...... 47367 (i)(1)(i), (ii), (iii) and (2) amend- 679.23 (d)(1) revised ...... 11168 ed...... 64879 (e)(3)(i) heading and (ii) heading 679.20 (b)(1)(iii) and (iv) redesig- revised; (e)(3)(iv) added...... 30401 nated as (b)(1)(iv) and (v); new (a) heading, (d) heading, (e) (b)(1)(iii) added; (c)(1)(iii), heading and (g)(3) heading re- (2)(ii), (3)(iii) and (f)(2) re- vised; (e)(2)(ii)(C) and (D) vised ...... 8360 amended; eff. 10–5–98...... 47368 (c)(5) amended; (i) added ...... 13011 (h) added...... 48642 679.24 (e)(2)(iv) introductory text (a)(5)(ii)(B) revised ...... 31941 ad (A) through (D) redesig- (a)(9) redesignated as (a)(10); nated as (e)(3) introductory new (a)(9) added ...... 40192 text, and (i) through (iv); (e)(1), (d)(1)(ii)(A), (g)(2)(iii) and (3) in- (2)(ii) and new (3) introductory troductory text revised; eff. text revised ...... 11167 10–5–98...... 47367 679.26 (a), (b) and (c) redesignated (g)(3) corrected ...... 54610 as (b), (c) and (d); heading, new 679.21 (e)(3) through (8) redesig- (b)(1)(xii), (2) introductory nated as (e)(4) through (9); new text, (iii), (3)(ii), (iv), (v), (c)(1), (e)(3) added; new (e)(7)(i) re- (2), (3) and (d)(4) revised; new vised ...... 8361 (a) and (b)(1)(xiv) added...... 32145 (e)(4)(iv)(D) revised...... 11168 (b)(1)(ii), (v), (vi), (viii), (xi), (xiii), (2)(i), (ii), (3)(i), (iii), (c)(1), (d)(1), (2) and (3) amend- ed...... 32146 679.28 Added (effective date pend- ing in part) ...... 5843
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50 CFR—Continued 63 FR 50 CFR—Continued 63 FR Page Page Chapter VI—Continued Chapter VI—Continued (a) revised; (c), (d) and (e) added Figure 13 added; eff. 10–5–98...... 47385 ...... 30401 Figure 14 added; eff. 10–5–98...... 47387 679.30 Revised (effective date Figure 15 added; eff. 10–5–98...... 47388 pending) ...... 30403 697.2 Amended; interim ...... 10155 679.31 Revised ...... 8361 697.7 (c) added; interim ...... 10155 Heading and (e) revised; (g) Corrected...... 14042 added ...... 30407 679.32 Revised (effective date pending) ...... 30407 1999 679.33 Removed...... 30409 (Regulations published January 1, 1999, 679.34 Removed...... 30409 through October 1, 1999) 679.41 Heading revised; (e)(1), (2) and (3) added; eff. 10–5–98 ...... 47368 50 CFR 64 FR 679.42 (b) revised ...... 11167 Page (c)(1)(iv), and (2) revised; eff. 10– Chapter VI 5–98 ...... 47368 600 Specifications...... 1316, 9932 (c)(2) introductory text cor- Technical correction...... 5093, 6943 rected; (c)(2)(ii) correctly re- Fishing restrictions ...... 16862, 24062, moved...... 54611 36817, 42286 679.43 (p) added; eff. 1–1–00 ...... 52657 Optimum yield specification ...... 27928, (p) amended ...... 64879 31895 679.50 (c)(2)(iv) revised ...... 11168 600.10 Amended ...... 4036, 29133 Heading revised; (a) amended; 600.15 (a)(2) through (6) and (7) (c)(4), (d)(4), (h)(1)(i)(D) and through (11) redesignated as (E) added ...... 30409 (a)(5) through (9) and (11) Heading, (i)(1)(i) and (iii) re- through (15); new (a)(2), (3), (4) vised ...... 69025 and (10) added...... 29134 679.60—679.65 (Subpart F) Re- 600.215 Revised ...... 4600 moved ...... 38502 600.501 (c) introductory text, 679 Appendix A added ...... 5845 (d)(1), (4), (e) and (k) revised; Appendix A correctly des- (c)(10) added...... 39019 ignated...... 8361 600.502 (a) revised; (h) added ...... 39020 Table 1 revised; eff. 10–5–98 ...... 47369 600.505 (a)(8), (9), and (b)(1) re- Table 1 correctly revised ...... 54612 vised...... 39020 Table 2 amended ...... 13011 600.506 (a) and (b) introductory Table 2 revised; eff. 10–5–98 ...... 47371 text amended...... 39020 Table 3 amended ...... 11168 600.508 (g) added ...... 39020 Table 3 revised; eff. 10–5–98 ...... 47372 600.518 (c) removed; (d) and (e) re- Table 3 corrected ...... 54613 designated as (c) and (d); (a), Table 7 revised; eff. 10–5–98 ...... 47375 (b)(1) introductory text, (2) Table 10 amended...... 11168 heading, and (2)(i) introduc- Table 10 amended...... 13012 tory text revised ...... 39020 Table 10 revised; eff. 10–5–98 ...... 47376 Table 10 corrected...... 54613 600.725 (v) added ...... 4037 Table 11 amended...... 13012 (v) table amended ...... 29134 Table 11 revised ...... 15335 Regulation at 64 FR 4037 eff. Table 11 revised; eff. 10–5–98 ...... 47377 date delayed to 12–1–99...... 40781 Table 12 correctly revised...... 54614 600.747 Added ...... 4043 Figure 2 revised; eff. 10–5–98...... 47378 622 Temporary regulations ....3650, 5195, Figure 7 revised; eff. 10–5–98...... 47379 13120, 13528, 23026, 46596 Figure 8 added; eff. 10–5–98 ...... 47380 Trip limit reduction...... 7556 Figure 9 added; eff. 10–5–98 ...... 47381 Decision ...... 13363 Figure 10 added; eff. 10–5–98...... 47382 Quotas ...... 50772 Figure 11 added; eff. 10–5–98...... 47383 622.7 (aa) added ...... 36781 Figure 12 added; eff. 10–5–98...... 47384 (aa) revised ...... 37693 Figure 12 correctly added ...... 54614 (aa) corrected ...... 43941
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50 CFR—Continued 64 FR 50 CFR—Continued 64 FR Page Page Chapter VI—Continued Chapter VI—Continued 622.18 (a) suspended in part; (g) Appendix D amended ...... 37694 added; interim; eff. 9–3–99 630 Removed...... 29134 through 3–1–00 ...... 48329 630.2 Amended ...... 12905 622.30 (d) added ...... 3627 630.3 (b) amended...... 4059 622.32 (b)(4)(vii) added; interim; 630.4 (a)(2) revised...... 12906 eff. 9–8–99 through 3–1–00 ...... 48326 630.5 (b)(1)(ii) revised (effective 622.34 Regulation at 63 FR 72203 date pending)...... 12906 eff. date extended to 12–26– (b)(1)(iii) revised ...... 12906 99...... 33800 630.7 (d) and (g) revised...... 12906 (l) reinstated and revised; (m) 630.22 Revised ...... 4059 removed...... 47713 630.24 (a)(1), (b)(2) and (e)(1) re- 622.36 (a) heading added; (b) re- vised; (a)(3) and (f) removed ...... 4059 vised ...... 3627 630.25 Heading, (a)(1) and (c) (b)(5) suspended; interim; eff. 9– added; (d) introductory text re- 8–99 through 3–1–00...... 48326 vised ...... 4059 622.37 (e) revised...... 3628 630.26 Redesignated as 630.27; new (d)(3) suspended; (d)(7) added; 630.26 added...... 12906 eff. 6–4–99 to 8–29–99...... 30448 630.27 Redesignated from (c)(2) revised ...... 45459 630.27 ...... 12906 (e)(3)(iv) suspended; interim; eff. 630.40 Revised ...... 12906 9–8–99 through 3–1–00...... 48326 630.41 Added ...... 12906 622.38 (a) revised; (e) removed; (f) 630.42 Added ...... 12906 through (i) redesignated as (e) through (h)...... 3628 635 Added ...... 29135 622.39 (a)(1) amended; (d)(1)(i) and Specifications ...... 29806 (ii) revised; (d)(1)(vi), (vii) and Fishing season notification ...... 30248, (viii) added...... 3628 47713 Regulation at 63 FR 72203 eff. Inseason adjustments...... 31992, 36818, date extended to 12–26–99 ...... 33800 48111, 48112 (c)(1)(ii) revised ...... 45459 Temporary regulations .....34138, 37883, (b)(1)(iii) reinstated and revised; 40782 (b)(1)(vi) removed ...... 47713 Retention limit adjustment ...... 42855, (d)(1)(vi) suspended; interim; 51079 eff. 9–8–99 through 3–1–00...... 48326 635.4 (b) added (effective date 622.40 (b)(3)(i) revised ...... 3628 pending) ...... 29137 622.41 (d)(6) added ...... 3628 (d)(4), (f)(4), (l) and (m) revised (g)(1) amended; (g)(3) added ...... 36781 ...... 37703 (h)(1)(i) amended; (h)(2) revised; 635.5 (c) amended ...... 37704 (h)(3) added (OMB numbers 635.7 (d) amended ...... 37704 pending) ...... 37693 635.20 (e)(1) amended; (e)(2) re- (h)(3)(i)(B) and (ii) corrected...... 43941 vised...... 37704 (c)(3)(ii)(A) revised ...... 45459 635.21 (c)(1), (2)(ii) and (3)(i) re- OMB number ...... 52428 vised; (d)(1) amended...... 37704 622.42 (e)(3) added ...... 3629 635.22 (a) and (b) revised ...... 37704 (c)(1)(ii) and (2)(ii) revised ...... 45459 635.25 Removed...... 37705 622.43 (a)(5) and (b)(1) revised ...... 3629 635.28 (b)(3) revised ...... 37705 622.44 (a)(2)(iv) added; (a)(2) intro- 635.69 (h) added ...... 37705 ductory text, (i) heading and Regulation at 64 FR 29090 de- (ii) heading revised; (b)(2) layed; eff. 7–1–99 through 1–1– amended...... 45459 00 ...... 43101 622.45 (d)(5) and (6) revised ...... 3629 635.71 (a)(3), (4), and (18) re- (d)(5) suspended; (d)(7) added; in- vised...... 37705 terim; eff. 9–8–99 through 3–1– 644 Removed...... 29160 00 ...... 48326 648 Temporary regulations ....427, 28937, 622.48 (h) revised ...... 36781 51930 622 Appendix C amended...... 3630 Specifications...... 1139, 34139
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50 CFR—Continued 64 FR 50 CFR—Continued 64 FR Page Page Chapter VI—Continued Chapter VI—Continued Quotas ...... 2600, 5196, 9088, 16361, 18582, (a)(2)(i), (6)(i), (8), (10) introduc- 32824, 33424, 44661, 46596, 50772 tory text, (i)(C), (12) introduc- Fishery management plan...... 19503, tory text, (13) introductory 32825 text, (b)(2)(i), (d)(2), (e)(2), (h) 648.2 Amended ...... 24072, 42048 and (i)(8) revised; (a)(2)(iv) 648.4 (a)(1)(i)(A), (B), (C), (E), (F), added; (a)(5) removed; (d)(3) (H), (I)(2), (J), (K), (L), (2)(i)(A), and (4) amended...... 24073 (B), (H), (I), (3)(i) heading, (A), (h)(1) revised...... 31151 (B), (C), (4)(i), (5)(i), (6)(i) and (a)(2)(iv) introductory text re- (7)(i) revised; (a)(1)(i)(M), vised ...... 42048 (2)(i)(L), (M) and (3)(i)(D) 648.81 (d) and (g)(1) introductory through (L) added; (a)(5)(ii) re- text revised; (o) added...... 2603 moved; (a)(5)(iii), (iv) and (v) Corrected ...... 4060 redesignated as (a)(5)(ii), (iii) (d), (g), (h) and (i)(2) revised; (f), and (iv)...... 8265 (n) and (o) removed...... 24075 648.10 (f)(3)(ii) revised ...... 24072 (b)(1) introductory text revised (b) introductory text revised ...... 31149 ...... 31151 (f)(3)(i) and (ii) suspended; (a)(2)(ii) and (i)(2) revised ...... 42048 (f)(3)(iii) added; eff. 8–3–99 648.82 (b)(3)(i) revised...... 24076 through 1–30–00 ...... 42044 (b)(3)(i) suspended; (b)(3)(iii) added; eff. 8–3–99 through 1–30– 648.14 (a)(52), (101) and (104) re- 00 ...... 42045 vised ...... 2603 648.83 (a)(2) and (b)(1) revised...... 24076 (a)(114) and (115) added ...... 8268 648.86 Heading, (a)(1), (b)(1) head- (a)(110) and (111) added; eff. 3–27– ing, (i), (ii) introductory text, 99 through 3–1–01...... 14839 (A) and (C) revised; (b)(3) re- (a)(90) and (c)(10) revised...... 15706 moved; (b)(4) redesignated as (a)(43), (52), (90), (101), (104), (b)(3); (d) added ...... 24076 (112), (c)(10), (24) and (25) re- Heading, (a)(2)(iii) and (c) re- vised; (a)(116) added ...... 24072 vised ...... 31151 (a)(39) and (h)(13) revised; (h)(27) (b)(1)(i), (ii)(A), and (3) sus- and (28) added ...... 31149 pended; (b)(1)(iv) and (5) (c)(23), (24), and (25) suspended; added; eff. 8–3–99 through 1–30– (c)(27) through (30) added; eff. 99 ...... 42045 8–3–99 through 1–30–00 ...... 42045 (b)(1) heading revised; (b)(1)(i) (c)(19), (23), and (24) revised; amended; (b)(2) redesignated (c)(26) added...... 42048 as (b)(4); new (b)(2) added ...... 42048 648.23 (b)(4) redesignated as (b)(5); 648.87 (a) and (c) revised ...... 15706 new (b)(4) added ...... 24073 (a) introductory text and (b) re- 648.41 Added ...... 40520 vised; (a)(4) added ...... 24077 648.51 (b) introductory text and 648.88 (a)(1) and (c) revised...... 24078 (2) revised; eff. in part 12–16– (c) revised ...... 31151 99...... 31149 (a)(1) suspended; (a)(3) added; 648.52 (c) added...... 31149 eff. 8–3–99 through 1–30–00 ...... 42045 648.53 (b) amended...... 14839 648.102 Revised ...... 48967 648.55 (a) revised; (b) amended; (c) Regulation at 64 FR 48967 eff. through (g) and (h) redesig- date corrected to 9–9–99 ...... 51931 nated as (d) through (h) and (j); 648.106 Introductory text, (a) and new (d)(12) redesignated as (c) amended ...... 14077 (d)(21); new (c), new (d)(12), (13) 648.107 Added; eff. 10–12–99 ...... 48967 through (20) and (i) added ...... 14839 Regulation at 64 FR 48967 eff. 648.57 Added; eff. 3–27–99 through date corrected to 9–9–99 ...... 51931 3–1–01...... 14840 648.126 Amended ...... 14077 648.58 Added ...... 31149 649.4 (b)(2)(i) revised; (b)(3)(iii), 648.80 (a)(8)(iii) and (10)(i)(C) re- (iv) and (v) added ...... 8268 vised ...... 2603 660 Specifications...... 1316, 9932
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50 CFR—Continued 64 FR 50 CFR—Continued 64 FR Page Page Chapter VI—Continued Chapter VI—Continued Technical correction...... 5093, 6943 Temporary regulations ...427, 428, 3658, Harvest guidelines ...... 12092, 36819 4602, 4790, 5198, 5720, 7557, 7815, Exempted fishing permit renew- 8013, 8269, 8529, 10397, 12093, 12265, 12767, 12768, 14155, 14840, als...... 15308 13121, 13122, 16362, 16654, 17126, Fishing restrictions ...... 16862, 24062, 18373, 19069, 19507, 22814, 22815, 29808, 36817, 40293, 42286, 50263, 23244, 25216, 27208, 27476, 29809, 51079 30926, 30927, 31151, 31733, 32207, Inseason adjustments...... 17125, 42856 35081, 37884, 39089, 39090, 40293, Decision ...... 19067 41839, 43295, 43296, 43634, 43941, Fishery management measures 43942, 44431, 44432, 44858, 44859, ...... 24078 45459, 45460, 46153, 46317, 47714, Optimum yield specification ...... 27928, 48330, 49102, 49103, 49685, 50264, 31895 51081, 51720, 52473, 52676 Quotas ...... 48113 Multispecies community devel- 660.12 Amended...... 22811 opment plan ...... 1539 Amended ...... 36822 Inseason adjustments ...... 8731, 10399, 48329, 48331, 48332, 49686, 50474, 660.13 (f), (g) and (i) revised ...... 22812 52473, 52676 660.42 (a)(1)(vi) and (13) added ...... 36822 Fishery management plan 660.48 (a)(8) revised ...... 36822 amendments ...... 10952, 11390, 20216 660.50 (a) introductory text, Fishery cooperative contracts (b)(1), (3) and (4) revised; (b)(5) availabity...... 13723 added...... 36822 Notice ...... 15308, 49104 660.61 Revised ...... 22812 Reallocation...... 52472 660.62 (b) revised; (c) removed; (d), 679.1 (c) heading revised ...... 3652 (e) and (f) redesignated as (c), 679.2 Amended; interim; eff. 1–20– (d) and (e)...... 22814 99 through 7–19–99 ...... 3437 660.67 (d)(3) removed; (e) added ...... 22814 Corrected; CFR correction ...... 3453 Amended ...3652, 3657, 14077, 20213, 42828 660.302 Amended; eff. 10–12–99 ...... 49100 Amended; interim; eff. in part 1– 660.306 Regulation at 63 FR 36617 21–99 through 7–20–99 ...... 3881 eff. date extended to 7–2–99...... 45 Regulation at 64 FR 3437 eff. (d), (e) and (f) revised; eff. 10–12– date extended to 12–31–99 ...... 33425 99 ...... 49100 679.4 (c) heading, (1)(ii), (iii)(E), 660.321 (b) revised; eff. 10–12–99...... 49100 (6) and (7) revised ...... 3652 660.333 (f)(2) correctly revised; (k)(6) and (7) added ...... 42828 CFR correction...... 33026 679.7 (b) suspended; (i) added; in- (d) introductory text revised; terim; eff. 1–20–99 through 7–19– (f)(3) removed; (f)(4) redesig- 99 ...... 3442 nated as (f)(3)...... 41044 (a)(7) revised ...... 3657 660.350 Regulation at 63 FR 36617 (d)(24) removed; (d)(25) through eff. date extended to 7–2–99...... 45 (28) redesignated as (d)(24) through (27); interim...... 3882 Added; eff. 10–12–99...... 49101 (d)(20), (22) and (25) removed; 660.408 (c)(2)(iv) revised...... 26329 (d)(21), (23), (24), (26) and (27) 678 Temporary regulations ...... 14154 redesignated as (d)(20), (21), Removed...... 29160 (22), (24) and (25); new (d)(23) 679 Specifications and fishery added; (d)(4), (11), (15), (19), management measures ...46, 50, 12094, new (20), (f)(3), (5), (6) and (10) 12103 revised...... 20213
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50 CFR—Continued 64 FR 50 CFR—Continued 64 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 64 FR 3437 eff. (e)(5) correctly designated ...... 7815 date extended to 12–31–99 ...... 39087 (e)(4)(iii) removed; (e)(4)(iv) re- 679.20 (d)(1)(iv) added; interim; designated as (e)(4)(iii) ...... 20214 eff. 1–20–99 through 7–19–99 ...... 3437 Regulation at 64 FR 3444 eff. (a)(5)(i)(A) and (ii)(B) sus- date extended to 12–31–99 ...... 39087 pended; (a)(5)(i)(C) and (ii)(C) (e)(5)(ii)(B) revised; (e)(5)(ii)(C) added; interim; eff. 1–20–99 removed; interim; eff. 1–20–99 through 7–19–99...... 3443 through 12–31–99...... 39089 (a)(8) and (c)(2)(ii)(A) revised ...... 3451 679.30 (a)(4) revised; interim ...... 3882 (a)(6), (b)(2) and (c)(4) revised ...... 3658 (a)(5) introductory text, (b)(1)(iii)(A) suspended; (i)(A)(1), (2)(ii) and (B) revised; (b)(1)(iii)(D) added; interim; (a)(5)(i)(C) removed...... 20214 eff. 1–21–99 through 7–20–99 ...... 3882 679.31 (a) amended; interim ...... 3882 (a)(5)(i)(C)(2) and (3) corrected ...... 7815 (d)(1) and (2) revised; (d)(3) and Regulation at 64 FR 3437 eff. (f) removed; (g) redesignated date extended to 12–31–99 ...... 33425 as (f) ...... 20214 Regulation at 64 FR 3443 eff. 679.32 (a)(1) revised; (a)(2), (3) and date extended to 12–31–99 ...... 39087 (e) suspended; (a)(4) and (g) Regulation at 64 FR 3882 amend- added; interim; eff. in part 1– ed; interim; eff. 7–20–99 21–99 through 7–20–99 ...... 3882 through 12–31–99...... 34743 (a)(2), (3) and (e) removed; (a)(4) 679.21 (e)(3)(v) and (7)(ix) added; and (g) redesignated as (a)(2) interim; eff. 1–20–99 through 7– and (e); (a)(1), new (2), (c) in- 19–99...... 3437 troductory text, (3)(i), (v) and (e)(2)(ii) revised ...... 20214 (f) revised ...... 20214 Regulation at 64 FR 3437 eff. date extended to 12–31–99 ...... 33425 Regulation at 64 FR 3882 amend- 679.22 (a)(7) and (b)(2) suspended; ed; interim; eff. 7–20–99 (a)(8)(iv), (11) and (b)(3) added; through 12–31–99...... 34743 interim; eff. 1–20–99 through 7– 679.42 (i)(1) revised; (j) introduc- 19–99...... 3443 tory text amended; (j)(5) (a)(7) and (8) revised ...... 3451 added...... 24962 (a)(5) revised ...... 3658 679.50 (c)(5) added; interim; eff. 1– (a)(11)(iv)(A), (C)(1), (2) and 20–99 through 7–19–99 ...... 3437 (b)(3)(iii) corrected...... 7815 (c)(4) revised; interim...... 3882 (a)(11)(iv)(C)(1) table correctly (c)(4) and (d)(4) revised...... 20215 revised ...... 9376 Regulation at 64 FR 3437 eff. Regulation at 64 FR 3443 eff. date extended to 12–31–99 ...... 33425 date extended to 12–31–99 ...... 39087 679 Tables 4 and 6 suspended; Ta- (a)(11)(iv)(C)(1) table revised; in- bles 12 and 13 added; interim; terim; eff. 1–20–99 through 12– eff. 1–20–99 through 7–19–99 ...... 3444 31–99...... 39089 Table 5 revised ...... 3452 (a)(11)(iv)(C)(2) corrected...... 43297 Tables 4, 5 and 6 amended ...... 14077 679.23 (d)(2) and (e)(2) suspended; Regulation at 64 FR 3444 eff. (d)(3) and (e)(5) added; interim; date extended to 12–31–99 ...... 39087 eff. 1–20–99 through 7–19–99 ...... 3444 697 Effective date confirma- (e)(3) redesignated as (e)(4); new tion ...... 19069 (e)(3) added...... 3452 697.2 Amended...... 9450, 14077 (e)(2) revised...... 3658 697.7 (d) added ...... 9451 Æ
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