Pt. 679 50 CFR Ch. VI (10–1–19 Edition)

679.55 Observer fees.

PART 679—FISHERIES OF EX- Subpart F—American Fisheries Act and Aleutian Island Directed Pollock Fish- CLUSIVE ECONOMIC ZONE OFF ery Management Measures ALASKA 679.60 Authority and related regulations. Subpart —General 679.61 Formation and operation of fishery cooperatives. Sec. 679.62 Inshore sector cooperative allocation 679.1 Purpose and scope. program. 679.2 Definitions. 679.63 Catch weighing requirements for ves- 679.3 Relation to other laws. sels and processors. 679.4 Permits. 679.64 Harvesting sideboard limits in other 679.5 Recordkeeping and reporting. fisheries. 679.6 Exempted fisheries. 679.65 Bering Sea Chinook Salmon Bycatch 679.7 Prohibitions. Management Program Economic Data 679.8 Facilitation of enforcement. Report (Chinook salmon EDR program). 679.9 Penalties. 679.66 AFA cost recovery. 679.67 Aleutian Islands pollock cost recov- Subpart B—Management Measures ery.

679.20 General limitations. Subpart G—Rockfish Program 679.21 Prohibited species bycatch manage- ment. 679.80 Allocation and transfer of rockfish 679.22 Closures. QS. 679.23 Seasons. 679.81 Rockfish Program annual harvester 679.24 Gear limitations. privileges. 679.25 Inseason adjustments. 679.82 Rockfish Program use caps and 679.26 Prohibited Species Donation Pro- sideboard limits. gram. 679.83 Rockfish Program entry level 679.27 Improved Retention/Improved Utili- longline fishery. zation Program. 679.84 Rockfish Program recordkeeping, 679.28 Equipment and operational require- permits, monitoring, and catch account- ments. ing. 679.85 Cost recovery. Subpart C—Western Alaska Community Development Quota Program Subpart H—Amendment 80 Program 679.30 [Reserved] 679.90 Allocation, use, and transfer of 679.31 CDQ and PSQ reserves, allocations, Amendment 80 QS permits. and transfers. 679.91 Amendment 80 Program annual har- 679.32 Groundfish and halibut CDQ catch vester privileges. monitoring. 679.92 Amendment 80 Program use caps and 679.33 CDQ cost recovery. sideboard limits. 679.93 Amendment 80 Program record- Subpart D—Individual Fishing Quota keeping, permits, monitoring, and catch Management Measures accounting. 679.94 Economic data report (EDR) for the 679.40 Sablefish and halibut QS. Amendment 80 sector and Gulf of Alaska 679.41 Transfer of quota shares and IFQ. Trawl Catcher/Processors. 679.42 Limitations on use of QS and IFQ. 679.95 Amendment 80 Program cost recov- 679.43 Determinations and appeals. ery. 679.44 Penalties. 679.45 IFQ cost recovery program. Subpart —Equipment and Operational Re- Subpart —North Pacific Observer Program quirements for the Longline Catcher/ Processor Subsector 679.50 Applicability. 679.51 Observer and Electronic Monitoring 679.100 Applicability. System requirements for vessels and plants. Subpart J—Gulf of Alaska Trawl Economic 679.52 Observer provider permitting and re- Data sponsibilities. 679.53 Observer certification and respon- 679.110 Gulf of Alaska Trawl Economic Data sibilities. Reports (EDRs). 679.54 Release of observer data to the pub- APPENDIX A TO PART 679—PERFORMANCE AND lic. TECHNICAL REQUIREMENTS FOR SCALES

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USED TO WEIGH CATCH AT SEA IN THE MATERIAL (SHOWN AS B) FOR MODIFIED GROUNDFISH FISHERIES OFF ALASKA NONPELAGIC TRAWL GEAR FIGURE 1 TO PART 679—BERING SEA AND ALEU- TABLE 1a TO PART 679—DELIVERY CONDITION* TIAN ISLANDS STATISTICAL AND REPORTING AND PRODUCT CODES AREAS TABLE 1b TO PART 679—DISCARD AND DISPOSI- FIGURE 2 TO PART 679—BSAI CATCHER VESSEL TION CODES OPERATIONAL AREA TABLE 1c TO PART 679—PRODUCT TYPE CODES FIGURE 3 TO PART 679—GULF OF ALASKA RE- TABLE 2a TO PART 679—SPECIES CODES: FMP PORTING AREAS GROUNDFISH FIGURE 4 TO PART 679—BSAI HERRING SAV- TABLE 2b TO PART 679—SPECIES CODE: FMP INGS AREAS PROHIBITED SPECIES AND CR CRAB FIGURE 5 TO PART 679—KODIAK ISLAND TYPE TABLE 2c TO PART 679—SPECIES CODES: FMP 1, 2, AND 3 NONPELAGIC TRAWL CLOSURE FORAGE FISH SPECIES (ALL SPECIES OF STATUS AND MARMOT BAY TANNER CRAB THE FOLLOWING FAMILIES), GRENADIER PROTECTION AREA SPECIES, AND SQUIDS FIGURE 6 TO PART 679—LENGTH OVERALL OF TABLE 2d TO PART 679—SPECIES CODES: NON- VESSEL FMP SPECIES FIGURE 7 TO PART 679—LOCATION OF TRAWL TABLE 3 TO PART 679—PRODUCT RECOVERY GEAR TEST AREAS IN THE GOA AND THE RATES FOR GROUNDFISH SPECIES AND CON- BSAI VERSION RATES FOR PACIFIC HALIBUT FIGURE 8 TO PART 679—ALEUTIAN ISLANDS TABLE 4 TO PART 679—STELLER SEA LION CHINOOK SALMON SAVINGS AREA PROTECTION AREAS POLLOCK FISHERIES FIGURE 9 TO PART 679—CHUM SAVINGS AREA RESTRICTIONS (CSSA) OF THE CVOA TABLE 5 TO PART 679—STELLER SEA LION FIGURE 10 TO PART 679—PRIBILOF ISLANDS PROTECTION AREAS PACIFIC COD FISH- HABITAT CONSERVATION ZONE (PIHCZ) IN ERIES RESTRICTIONS THE BERING SEA TABLE 6 TO PART 679—STELLER SEA LION FIGURE 11 TO PART 679—RED KING CRAB SAV- PROTECTION AREAS ATKA MACKEREL FISH- INGS AREA (RKCSA) ERIES RESTRICTIONS FIGURE 12 TO PART 679—BRISTOL BAY TRAWL TABLE 7 TO PART 679—COMMUNITY DEVELOP- CLOSURE AREA MENT QUOTA GROUPS AND COMMUNITIES FIGURE 13 TO PART 679—BSAI C. OPILIO TAN- ELIGIBLE TO PARTICIPATE IN THE CDQ NER CRAB BYCATCH LIMITATIONS ZONE PROGRAM FIGURE 14 TO PART 679—SABLEFISH REGU- TABLE 8 TO PART 679—HARVEST ZONE CODES LATORY AREAS FOR USE WITH VESSEL ACTIVITY REPORTS FIGURE 15 TO PART 679—REGULATORY AREAS TABLE 9 TO PART 679—GROUNDFISH LLP LI- FOR THE PACIFIC HALIBUT FISHERY CENSES ELIGIBLE FOR USE IN THE BSAI FIGURE 16 TO PART 679—BERING SEA HABITAT LONGLINE CATCHER/PROCESSOR SUB- CONSERVATION AREA SECTOR, COLUMN A. X INDICATES WHETHER FIGURE 17 TO PART 679—NORTHERN BERING COLUMN B OR COLUMN C APPLIES. SEA RESEARCH AREA AND SAINT LAW- TABLE 10 TO PART 679—GULF OF ALASKA RENCE ISLAND HABITAT CONSERVATION RETAINABLE PERCENTAGES AREA (HCA) TABLE 11 TO PART 679—BSAI RETAINABLE FIGURE 18 TO PART 679—SITKA PINNACLES MA- PERCENTAGES RINE RESERVE TABLE 12 TO PART 679—STELLER SEA LION FIGURE 19 TO PART 679—SHELIKOF STRAIT PROTECTION AREAS, 3NM NO GROUNDFISH CONSERVATION AREA FISHING SITES FIGURE 20 TO PART 679—STELLER SEA LION TABLE 13 TO PART 679—TRANSFER FORM SUM- CONSERVATION AREA (SCA) OF THE BERING MARY SEA TABLE 14a TO PART 679—PORT OF LANDING FIGURE 21 TO PART 679—NUNIVAK ISLAND, CODES, ALASKA ETOLIN STRAIT, AND KUSKOKWIM BAY TABLE 14b TO PART 679—PORT OF LANDING HABITAT CONSERVATION AREA CODES: NON-ALASKA FIGURE 22 TO PART 679 [RESERVED] TABLE 14c TO PART 679—AT-SEA OPERATION FIGURE 23 TO PART 679—SALMON MANAGE- TYPE CODES TO USED AS PORT CODES MENT AREA FOR VESSELS MATCHING THIS TYPE OF OP- FIGURE 24 TO PART 679—ARCTIC MANAGEMENT ERATION AREA TABLE 15 TO PART 679—GEAR CODES, DESCRIP- FIGURE 25 TO PART 679—ELEVATING DEVICE TIONS, AND USE CLEARANCE MEASUREMENT LOCATIONS FOR TABLE 16 TO PART 679—AREA CODES AND - MODIFIED NONPELAGIC TRAWL GEAR SCRIPTIONS FOR USE WITH STATE OF ALAS- FIGURE 26 TO PART 679—MODIFIED NON- ADF&G COMMERCIAL OPERATOR’S AN- PELAGIC TRAWL GEAR NUAL REPORT (COAR) FIGURE 27 TO PART 679—LOCATIONS FOR MEAS- TABLE 17 TO PART 679—PROCESS CODES FOR URING MAXIMUM CROSS SECTIONS OF LINE USE WITH STATE OF ALASKA COMMERCIAL MATERIAL (SHOWN AS A) AND SUPPORTING OPERATOR’S ANNUAL REPORT (COAR)

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TABLE 18 TO PART 679—REQUIRED BUYING AND TABLE 35 TO PART 679—APPORTIONMENT OF PRODUCTION FORMS FOR USE WITH STATE CRAB PSC AND HALIBUT PSC BETWEEN OF ALASKA COMMERCIAL OPERATOR’S AN- THE AMENDMENT 80 AND BSAI TRAWL LIM- NUAL REPORT (COAR) ITED ACCESS SECTORS TABLE 19 TO PART 679—SEABIRD AVOIDANCE TABLE 36 TO PART 679—PERCENTAGE OF CRAB GEAR CODES AND HALIBUT PSC LIMIT ASSIGNED TO TABLE 20 TO PART 679—SEABIRD AVOIDANCE EACH AMENDMENT 80 SPECIES GEAR REQUIREMENTS FOR VESSELS, BASED TABLE 37 TO PART 679—GOA AMENDMENT 80 ON AREA, GEAR, AND VESSEL TYPE. (SEE SIDEBOARD LIMIT FOR GROUNDFISH FOR § 679.24(e) FOR COMPLETE SEABIRD AVOID- THE AMENDMENT 80 SECTOR ANCE PROGRAM REQUIREMENTS; SEE TABLE 38 TO PART 679—GOA AMENDMENT 80 679.24(e)(1) FOR APPLICABLE FISHERIES SIDEBOARD LIMIT FOR HALIBUT PSC FOR TABLE 21 TO PART 679—ELIGIBLE COMMU- THE AMENDMENT 80 SECTOR NITIES, HALIBUT IFQ REGULATORY AREA TABLE 39 TO PART 679—AMENDMENT 80 VES- LOCATION, COMMUNITY GOVERNING BODY SELS THAT MAY BE USED TO DIRECTED THAT RECOMMENDS THE CQE, AND THE FISH FOR FLATFISH IN THE GOA FISHING PROGRAMS AND ASSOCIATED TABLE 40 TO PART 679—BSAI HALIBUT PSC AREAS WHERE A CQE REPRESENTING AN SIDEBOARD LIMITS FOR AFA CATCHER/ ELIGIBLE COMMUNITY MAY BE PERMITTED PROCESSORS AND AFA CATCHER VESSELS TO PARTICIPATE TABLE 41 TO PART 679—BSAI CRAB PSC SIDEBOARD LIMITS FOR AFA CATCHER/ TABLE 22 TO PART 679—ALASKA SEAMOUNT PROCESSORS AND AFA CATCHER VESSELS HABITAT PROTECTION AREAS TABLE 42 TO PART 679—BERING SEA HABITAT TABLE 23 TO PART 679—ALEUTIAN ISLANDS CONSERVATION AREA CORAL HABITAT PROTECTION AREAS TABLE 43 TO PART 679—NORTHERN BERING SEA TABLE 24 TO PART 679—EXCEPT AS NOTED, LO- RESEARCH AREA CATIONS IN THE ALEUTIAN ISLANDS HABI- TABLE 44 TO PART 679—NUNIVAK ISLAND, TAT CONSERVATION AREA OPEN TO NON- ETOLIN STRAIT, AND KUSKOKWIM BAY PELAGIC TRAWL FISHING HABITAT CONSERVATION AREA TABLE 25 TO PART 679—BOWERS RIDGE HABI- TABLE 45 TO PART 679—ST. LAWRENCE ISLAND TAT CONSERVATION ZONE HABITAT CONSERVATION AREA TABLE 26 TO PART 679—GULF OF ALASKA TABLE 46 TO PART 679—ST. MATTHEW ISLAND CORAL HABITAT PROTECTION AREAS HABITAT CONSERVATION AREA TABLE 27 TO PART 679—GULF OF ALASKA TABLES 47–48 TO PART 679 [RESERVED] SLOPE HABITAT CONSERVATION AREAS TABLE 49 TO PART 679—GROUNDFISH LICENSES TABLE 28a TO PART 679—QUALIFYING SEASON QUALIFYING FOR -AND-LINE CATCHER/ DATES FOR CENTRAL GOA ROCKFISH PRI- PROCESSOR ENDORSEMENT EXEMPTION MARY SPECIES TABLE 50 TO PART 679 [RESERVED] TABLE 28b TO PART 679—QUALIFYING SEASON TABLE 51 TO PART 679—MODIFIED GEAR DATES FOR CENTRAL GOA ROCKFISH PRI- TRAWL ZONE MARY SPECIES TABLE 52 TO PART 679—GROUNDFISH LLP LI- TABLE 28c TO PART 679—ALLOCATION OF ROCK- CENSES ELIGIBLE FOR A BSAI TRAWL LIM- FISH SECONDARY SPECIES ITED ACCESS SECTOR YELLOWFIN SOLE DI- TABLE 28d TO PART 679—ALLOCATION OF HAL- RECTED FISHERY ENDORSEMENT IBUT PSC UNDER THE CENTRAL GOA ROCK- TABLE 53 TO PART 679—GROUNDFISH LLP LI- FISH PROGRAM CENSES THAT REQUIRE QUALIFIED LAND- TABLE 28e TO PART 679—ROCKFISH ENTRY INGS ASSIGNMENT TO BE ELIGIBLE FOR A LEVEL LONGLINE FISHERY ALLOCATIONS BSAI TRAWL LIMITED ACCESS SECTOR TABLE 29 TO PART 679—INITIAL ROCKFISH QS YELLOWFIN SOLE DIRECTED FISHERY - POOLS DORSEMENT TABLE 30 TO PART 679—ROCKFISH PROGRAM TABLE 54 TO PART 679—BSAI SPECIES AND RETAINABLE PERCENTAGES SPECIES GROUPS FOR WHICH DIRECTED TABLE 31 TO PART 679—LIST OF AMENDMENT FISHING FOR SIDEBOARD LIMITS BY LISTED 80 VESSELS AND LLP LICENSES ORIGI- AFA CATCHER/PROCESSORS AND CATCHER/ NALLY ASSIGNED TO AN AMENDMENT 80 PROCESSORS DESIGNATED ON LISTED AFA VESSEL CATCHER/PROCESSOR PERMITS IS PROHIB- TABLE 32 TO PART 679—AMENDMENT 80 INITIAL ITED QS POOL TABLE 55 TO PART 679—BSAI SPECIES AND TABLE 33 TO PART 679—ANNUAL APPORTION OF SPECIES GROUPS FOR WHICH DIRECTED AMENDMENT 80 SPECIES ITAC BETWEEN FISHING FOR SIDEBOARD LIMITS BY NON- THE AMENDMENT 80 AND BSAI TRAWL LIM- EXEMPT AFA CATCHER VESSELS IS PRO- ITED ACCESS SECTORS (EXCEPT YELLOWFIN HIBITED SOLE) TABLE 56 TO PART 679—GOA SPECIES AND TABLE 34 TO PART 679—ANNUAL APPORTION- SPECIES GROUPS FOR WHICH DIRECTED MENT OF BSAI YELLOWFIN SOLE BETWEEN FISHING FOR SIDEBOARD LIMITS BY NON- THE AMENDMENT 80 AND BSAI TRAWL LIM- EXEMPT AFA CATCHER VESSELS IS PRO- ITED ACCESS SECTORS HIBITED

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AUTHORITY: 16 .S.C. 773 et seq.; 1801 et seq.; (B) Using fixed gear in waters of the 3631 et seq.; Pub. L. 108–447; Pub. L. 111–281. State of Alaska adjacent to the BSAI EDITORIAL NOTE: Nomenclature changes to and the GOA, provided that aboard part 679 appear at 61 FR 56438, Nov. 1, 1996, 62 such vessels are persons who currently FR 2047, Jan. 15, 1997, 66 FR 27909, May 21, hold sablefish quota shares, sablefish 2001, 67 FR 79739, Dec. 30, 2002, and 77 FR 6502, IFQ permits, or sablefish IFQ hired Feb. 8, 2012. master permits. (ii) Regulations in this part do not Subpart A—General govern commercial fishing for sablefish in Prince William Sound or under a § 679.1 Purpose and scope. State of Alaska limited entry program. Regulations in this part were devel- (2) Halibut. Regulations in this part oped by the Council under the Magnu- govern commercial fishing for halibut son-Stevens Fishery Conservation and by vessels of the United States using Management Act, 16 U.S.C. 1801 et seq. fixed gear, as that term is defined in 50 (Magnuson-Stevens Act) and the CFR 679.2, in and off of Alaska. Northern Pacific Halibut Act of 1982 (e) Western Alaska Community Develop- (Halibut Act). Along with part 600 of ment Quota (CDQ) Program. Regulations this chapter, these regulations imple- in this part govern the Western Alaska ment the following: CDQ Program (see subparts A, B, C, D, (a) Fishery Management Plan for and E of this part). The purpose of the Groundfish of the Gulf of Alaska. (1) Reg- program is specified in 16 U.S.C. ulations in this part govern commer- 1855(i)(1)(A). cial fishing for groundfish in the GOA by vessels of the United States (see (f) Groundfish and Halibut Observer subparts A, B, D, and E of this part). Program. Regulations in this part gov- (2) The following State of Alaska reg- ern elements of the Groundfish and ulations are not preempted by this part Halibut Observer Program. for vessels regulated under this part (g) Fishery Management Plan for Ber- fishing for demersal shelf rockfish in ing Sea/Aleutian Islands King and Tanner the Southeast Outside District, and Crabs. Regulations in this part govern which are registered under the laws of commercial fishing for king and Tan- the State of Alaska: 5 AAC 28.111, fish- ner crab in the Bering Sea and Aleu- ing seasons; 5 AAC 28.130, gear; 5 AAC tian Islands Area by vessels of the 28.160, harvest guidelines; 5 AAC 28.190, United States, and supersede State of harvest of bait by commercial permit Alaska regulations applicable to the holders. commercial king and Tanner crab fish- (b) Fishery Management Plan for eries in the Bering Sea and Aleutians Groundfish of the Bering Sea and Aleu- Islands Area EEZ that are determined tian Islands Management Area. Regula- to be inconsistent with the FMP (see tions in this part govern commercial subpart A, B, and E of this part). Addi- fishing for groundfish in the BSAI by tional regulations governing commer- vessels of the United States (see sub- cial fishing for, and processing of, king parts A, B, C, D, and E of this part). and Tanner crab managed pursuant to (c) [Reserved] section 313(j) of the Magnuson-Stevens (d) IFQ Program for sablefish and hal- Act and the Crab Rationalization Pro- ibut. The IFQ management measures gram are codified at 50 CFR part 680. for the commercial fisheries that use (h) Fishery Management Plan for the fixed gear to harvest sablefish and hal- Scallop Fishery off Alaska. (1) Regula- ibut (see subparts A, B, D, and E of this tions in this part govern commercial part). fishing for scallops in the Federal wa- (1) Sablefish. (i) Regulations in this ters off Alaska by vessels of the United part govern commercial fishing for sa- States (see subpart A of this part). blefish by vessels of the United States: (2) State of Alaska laws and regula- (A) Using fixed gear within that por- tions that are consistent with the FMP tion of the GOA and the BSAI over and with the regulations in this part which the United States exercises ex- apply to vessels of the United States clusive fishery management authority; that are fishing for scallops in the Fed- and eral waters off Alaska.

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(i) Fishery Management Plan for the EDITORIAL NOTE: For FEDERAL REGISTER ci- Salmon Fisheries in the EEZ Off Alaska tations affecting § 679.1, see the List of CFR (Salmon FMP)—(1) Regulations in this Sections Affected, which appears in the part govern commercial fishing for Finding Aids section of the printed volume and at www.govinfo.gov. salmon by fishing vessels of the United States in the West Area of the Salmon § 679.2 Definitions. Management Area. In addition to the definitions in the (2) State of Alaska laws and regula- Magnuson-Stevens Act and in part 600 tions that are consistent with the of this chapter, the terms used in this Salmon FMP and with the regulations part have the following meanings: in this part apply to vessels of the United States that are commercial and ABC reserve means, for purposes of sport fishing for salmon in the East flathead sole, rock sole, and yellowfin Area of the Salmon Management Area. sole in the BSAI, an amount, not to ex- ceed the ABC surplus, that may be re- (j) License Limitation Program (LLP). duced for social, economic, or ecologi- (1) Regulations in this part implement cal considerations according to the LLP for the commercial groundfish § 679.20(b)(1)(iii). fisheries in the EEZ off Alaska and the ABC surplus means, for purposes of LLP for the commercial crab fisheries flathead sole, rock sole, and yellowfin in the Bering Sea and Aleutians Islands sole in the BSAI, the difference be- Area. tween each species’ annual ABC and (2) Regulations in this part govern TAC. the commercial fishing for groundfish Active/inactive periods means for under the LLP by vessels of the United longline or pot gear catcher vessel, see States using authorized gear within § 679.5(c)(3)(iv)(A)(1); for longline or pot the GOA and the Bering Sea and Aleu- gear catcher/processor, see tians Islands Area and the commercial § 679.5(c)(3)(iv)(B)(1); for trawl gear fishing for crab species under the LLP catcher vessel, see § 679.5(c)(4)(iv)(A)(1); by vessels of the United States using for trawl gear catcher/processor, see authorized gear within the Bering Sea § 679.5(c)(4)(iv)(B)(1); for shoreside proc- and Aleutians Islands Area. essor or SFP, see § 679.5(c)(5)(ii); for (k) American Fisheries Act and AI di- mothership, see § 679.5(c)(6)(iv). Regula- rected pollock fishery measures. Adequate evidence, for purposes of tions in this part were developed by subpart E of this part, means informa- NMFS and the Council under the Mag- tion sufficient to support the reason- nuson-Stevens Act, the American Fish- able belief that a particular act or eries Act (AFA), and the Consolidated omission has occurred. Appropriations Act of 2004 to govern ADF&G means the State of Alaska commercial fishing for BSAI pollock Department of Fish and Game. according to the requirements of the ADF&G fish ticket number means a AFA and the Consolidated Appropria- nine-digit number designated by one tions Act of 2004. This part also governs alphabet letter (i.e., G = groundfish), payment and collection of the loan, two numbers that identify the year under the AFA, the Magnuson-Stevens (i.e., 98), followed by six numbers. Act, and Title XI of the Merchant Ma- means State of rine Act, 1936, made to all those per- ADF&G processor code Alaska Department of Fish & Game sons who harvest pollock from the di- (ADF&G) Intent to operate processor rected fishing allowance allocated to license number (example: F12345). the inshore component under section 206(b)(1) of the AFA. Advanced nurse practitioner means a registered nurse authorized to practice (l) Fishery Management Plan for Fish in any state who, because of specialized Resources of the Arctic Management education and experience, is certified Area. Regulations in this part govern to perform acts of medical diagnosis commercial fishing for Arctic fish in and the prescription and dispensing of the Arctic Management Area by vessels medical, therapeutic, or corrective of the United States (see this subpart measures under regulations adopted by and subpart B of this part). the state Board of Nursing. [61 FR 31230, June 19, 1996] AFA catcher/processor means:

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(1) For purposes of BS pollock and all AFA rebuilt vessel means an AFA ves- BSAI groundfish fisheries other than sel that was rebuilt after October 15, Atka mackerel, flathead sole, Green- 2010. land turbot, Pacific cod, Pacific ocean AFA replacement vessel means a vessel perch, rock sole, and yellowfin sole, a that NMFS designated on an AFA per- catcher/processor that is permitted to mit pursuant to § 679.4(l)(7) after Octo- harvest BS pollock under § 679.4(l)(2). ber 15, 2010. (2) For purposes of BSAI Atka mack- AFA standard ex-vessel value means erel, flathead sole, Greenland turbot, the total U.S. dollar amount of landed Pacific cod, Pacific ocean perch, rock Bering Sea pollock as calculated by sole, and yellowfin sole, a catcher/proc- multiplying the number of landed essor that is permitted to harvest BS pounds of Bering Sea pollock by the ap- propriate AFA standard price deter- pollock and that is listed under mined by the Regional Administrator. § 679.4(l)(2)(i). AFA standard price means the price, AFA catcher vessel means a catcher in U.S. dollars, for landed Bering Sea vessel permitted to harvest BS pollock pollock, in AFA pollock equivalent under § 679.4(l)(3). pounds, as determined by the Regional AFA crab processing facility means a Administrator. processing plant, catcher/processor, AFA vessel means a vessel that is des- mothership, floating processor or any ignated on an AFA catcher vessel per- other operation that processes any mit, an AFA catcher/processor permit, FMP species of BSAI crab, and that is or an AFA mothership permit, and is affiliated with an AFA entity that thereby authorized to participate in processes pollock harvested by a catch- the Bering Sea directed pollock fish- vessel cooperative operating in the ery. inshore or mothership sectors of the Affiliates, for purposes of subparts E BS pollock fishery. and H to this part, means business con- AFA entity means a group of affili- cerns, organizations, or individuals are ated individuals, corporations, or other affiliates of each other if, directly or business concerns, except for a CDQ indirectly, either one controls or has group, that harvests or processes pol- the power to control the other, or a lock in the BS directed pollock fishery. third party controls or has the power AFA fee liability means the amount of to control both. Indicators of control money for Bering Sea pollock cost re- include, but are not limited to: Inter- covery, in U.S. dollars, owed to NMFS locking management or ownership; by an AFA cooperative or AFA sector identity of interests among family as determined by multiplying the ap- members; shared facilities and equip- propriate AFA standard ex-vessel value ment; common use of employees; or a of landed Bering Sea pollock by the ap- business entity organized following the propriate AFA fee percentage. decertification, suspension, or proposed decertification of an observer provider AFA fee percentage means that posi- that has the same or similar manage- tive number no greater than 3 percent ment, ownership, or principal employ- (0.03) determined by the Regional Ad- ees as the observer provider that was ministrator and established for use in decertified, suspended, or proposed for calculating the AFA fee liability for an decertification. AFA cooperative or AFA sector. Affiliation for the purpose of defining AFA inshore processor means a shore- AFA and the Rockfish Program means a side processor or stationary floating relationship between two or more indi- processor permitted to process BS pol- viduals, corporations, or other business lock under § 679.4(l)(5). concerns, except CDQ groups, in which AFA mothership means a mothership one concern directly or indirectly owns permitted to process BS pollock under a 10 percent or greater interest in an- § 679.4(l)(4). other, exerts control over another, or AFA pollock equivalent pounds means has the power to exert control over an- the weight recorded in pounds for land- other; or a third individual, corpora- ed AFA pollock and calculated as tion, or other business concern directly round weight. or indirectly owns a 10 percent or

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greater interest in both, exerts control antee the obligations of majority in- over both, or has the power to exert vestors or their affiliates; control over both. (iv) Has the authority to direct the (1) What is 10 percent or greater owner- transfer, operation, or manning of a ship? For the purpose of determining fishing vessel or processor. The author- affiliation, 10 percent or greater owner- ity to direct the transfer, operation, or ship is deemed to exist if an individual, manning of a vessel or processor does corporation, or other business concern not include the right to simply partici- directly or indirectly owns 10 percent pate in such activities; or greater interest in a second corpora- (v) Has the authority to control the tion or other business concern. management of or to be a controlling (2) What is an indirect interest? An in- factor in the entity that holds 10 per- direct interest is one that passes cent or greater interest in a fishing through one or more intermediate enti- vessel or processor; ties. An entity’s percentage of indirect (vi) Absorbs all the costs and normal interest in a second entity is equal to business risks associated with owner- the entity’s percentage of direct inter- ship and operation of a fishing vessel or est in an intermediate entity multi- processor; plied by the intermediate entity’s di- (vii) Has the responsibility to procure rect or indirect interest in the second insurance on the fishing vessel or proc- entity. essor, or assumes any liability in ex- (3) What is control? For the purpose of cess of insurance coverage; determining affiliation, control is (viii) Has the authority to control a deemed to exist if an individual, cor- fishery cooperative through 10 percent poration, or other business concern has or greater ownership or control over a any of the following relationships or majority of the vessels in the coopera- forms of control over another indi- tive, has the authority to appoint, re- vidual, corporation, or other business move, or limit the actions of or replace concern: the chief executive officer of the coop- (i) Controls 10 percent or more of the erative, or has the authority to ap- voting stock of another corporation or point, remove, or limit the actions of a business concern; majority of the board of directors of (ii) Has the authority to direct the the cooperative. In such instance, all business of the entity that owns the members of the cooperative are consid- fishing vessel or processor. The author- ered affiliates of the individual, cor- ity to direct the business of the entity poration, or other business concern does not include the right to simply that exerts control over the coopera- participate in the direction of the busi- tive; or ness activities of an entity that owns a (ix) Has the ability through any fishing vessel or processor; other means whatsoever to control the (iii) Has the authority in the ordi- entity that holds 10 percent or greater nary course of business to limit the ac- interest in a fishing vessel or proc- tions of or to replace the chief execu- essor. tive officer, a majority of the board of Agent (1) For purposes of permits issued directors, any general partner or any under § 679.4, means a person appointed person serving in a management capac- and residing within the United States ity of an entity that holds 10 percent or who may apply for permits and may greater interest in a fishing vessel or otherwise act on behalf of the owner, processor. Standard rights of minority operator, or manager of a catcher ves- shareholders to restrict the actions of sel, catcher/processor, mothership, the entity are not included in this defi- shoreside processor, stationary floating nition of control provided they are un- processor, buying station, tender ves- related to day-to-day business activi- sel, support vessel, or on behalf of the ties. These rights include provisions to IFQ permit holders, IFQ registered require the consent of the minority buyers, or CDQ halibut permit holders. shareholder to sell all or substantially (2) For purposes of groundfish product all the assets, to enter into a different distribution under § 679.5(g), means a business, to contract with the major buyer, distributor, or shipper but not a investors or their affiliates, or to guar- buying station or tender vessel, who

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may receive and distribute groundfish Aleutian Islands Habitat Conservation on behalf of the owner, operator, and Area means a management area estab- manager of a catcher/processor, lished for the protection of fish habitat mothership, shoreside processor, or in reporting areas of the Aleutian Is- stationary floating processor. lands subarea and adjacent State wa- (3) For purposes of IFQ recordkeeping ters. See Table 24 to this part. and reporting under § 679.5(l), means a Aleutian Islands pollock equivalent person who on behalf of the Registered pounds means the weight recorded in Buyer may submit IFQ reports. pounds for landed Aleutian Islands pol- Agent for service of process means, for lock and calculated as round weight. purposes of § 679.21(f), a person ap- Aleutian Islands pollock fee liability pointed by the members of an AFA means the amount of money for Aleu- inshore cooperative, a CDQ group, or tian Islands directed pollock cost re- an entity representing the AFA catch- covery, in U.S. dollars, owed to NMFS er/processor sector or the AFA by the Aleut Corporation as deter- mothership sector, who is authorized mined by multiplying the appropriate to receive and respond to any legal standard ex-vessel value of its landed process issued in the United States Aleutian Islands pollock by the appro- with respect to all owners and opera- priate Aleutian Islands pollock fee per- tors of vessels that are members of the centage. inshore cooperative, the entity rep- Aleutian Islands pollock fee percentage resenting the catcher/processor sector, means that positive number no greater the entity representing the mothership than 3 percent (0.03) determined by the sector, or the entity representing the Regional Administrator and estab- cooperative or a CDQ group and owners lished for use in calculating the Aleu- of all vessels directed fishing for pol- tian Islands pollock fee liability for the lock CDQ on behalf of that CDQ group. Aleut Corporation. Aleutian Islands pollock standard ex- AI directed pollock fishery means di- vessel value means the total U.S. dollar rected fishing for pollock in the AI amount of landed Aleutian Islands pol- under the allocation to the Aleut Cor- lock as calculated by multiplying the poration authorized at § 679.20(a)(5)(iii). number of landed pounds of Aleutian means the Alaska local time (A.l.t.) Islands pollock by the appropriate time in the Alaska time zone. Aleutian Islands pollock standard price Alaska Seamount Habitat Protection determined by the Regional Adminis- Areas means management areas estab- trator. lished for the protection of seamount Aleutian Islands pollock standard price habitat areas of particular concern in means the price, in U.S. dollars, for the BSAI and GOA. See Table 22 to this landed Aleutian Islands pollock, in part. Aleutian Islands pollock equivalent Alaska State waters means waters ad- pounds, as determined by the Regional jacent to the State of Alaska and Administrator. shoreward of the EEZ off Alaska. Aleutian Islands shoreplant means a Aleut Corporation means the Aleut processing facility that is physically Corporation incorporated pursuant to located on land west of 170° W. lon- the Alaska Native Claims Settlement gitude within the State of Alaska. Act (43 U.S.C. 1601 et seq.). Aleutian Islands Subarea (AI) of the Aleut Corporation entity means a har- BSAI means that portion of the EEZ vester or processor selected by the contained in Statistical Areas 541, 542, Aleut Corporation and approved by and 543 (see Figure 1 to this part). NMFS to harvest or process pollock in American Fisheries Act (AFA) means the AI directed pollock fishery. Title II—Fisheries Subtitles I and II, as Aleutian Islands Coral Habitat Protec- cited within the Omnibus Appropria- tion Areas means management areas - tions Bill FY99 (Pub. L. 105–277). tablished for the protection of certain Amendment 80 ABC reserve means the coral garden areas in reporting areas of amount of the flathead sole, rock sole, the Aleutian Islands subarea and adja- or yellowfin sole ABC reserve that re- cent State waters. See Table 23 to this mains after designating the amount as- part. signed to the CDQ ABC reserve and

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that is allocated among Amendment 80 considered Amendment 80 legal land- cooperatives as calculated annually as ings. described at § 679.91(i)(2). Amendment 80 limited access fishery Amendment 80 cooperative means a means the fishery conducted in the group of Amendment 80 QS holders who BSAI by persons with Amendment 80 have chosen to fish cooperatively for QS permits, Amendment 80 LLP li- Amendment 80 species under the re- censes, or Amendment 80 vessels as- quirements of subpart H to this part signed to the Amendment 80 limited and who have applied for and received access fishery. a CQ permit issued by NMFS to catch Amendment 80 LLP license means: a quantity of fish expressed as a por- (1) Any LLP license that is endorsed tion of the ITAC and crab and halibut for groundfish in the Bering Sea sub- PSC limits. area or Aleutian Islands subarea with a Amendment 80 equivalent pounds catcher/processor designation and that means the weight recorded in pounds designates an Amendment 80 vessel in for landed Amendment 80 species CQ an approved application for Amend- and calculated as round weight. ment 80 QS; Amendment 80 fee liability means the (2) Any LLP license that designates amount of money for Amendment 80 an Amendment 80 vessel at any time cost recovery, in U.S. dollars, owed to after the effective date of the Amend- NMFS by an Amendment 80 CQ permit ment 80 Program; and holder as determined by multiplying (3) Any Amendment 80 LLP/QS li- the appropriate standard ex-vessel cense. value of landed Amendment 80 species Amendment 80 LLP/QS license means CQ by the appropriate Amendment 80 an LLP license originally assigned to fee percentage. an originally qualifying Amendment 80 Amendment 80 fee percentage means vessel with an Amendment 80 QS per- that positive number no greater than 3 mit assigned to that LLP license. percent (0.03) determined by the Re- gional Administrator and established Amendment 80 mackerel QS means for use in calculating the Amendment Atka mackerel QS derived from 80 fee liability for an Amendment 80 CQ Amendment 80 legal landings assigned permit holder. to an Amendment 80 mackerel vessel. Amendment 80 fishery means an Amendment 80 mackerel vessel means Amendment 80 cooperative or the an Amendment 80 vessel that is not an Amendment 80 limited access fishery. Amendment 80 non-mackerel vessel. Amendment 80 initial QS pool means Amendment 80 non-mackerel QS means the sum of Amendment 80 QS units es- Atka mackerel QS derived from tablished for an Amendment 80 species Amendment 80 legal landings assigned in a management area based on the to an Amendment 80 non-mackerel ves- Amendment 80 official record and used sel. for the initial allocation of Amend- Amendment 80 non-mackerel vessel ment 80 QS units and use cap calcula- means an Amendment 80 vessel that is tions as described in § 679.92(a). less than 200 feet in length overall and Amendment 80 legal landing means the that has been used to catch less than total catch of Amendment 80 species in 2.0 percent of the total Amendment 80 a management area in the BSAI by an legal landings of BSAI Atka mackerel. Amendment 80 vessel that: Amendment 80 official record means in- (1) Was made in compliance with formation used by NMFS to determine state and Federal regulations in effect eligibility to participate in the Amend- at that time; and ment 80 Program and to assign specific (2) Is recorded on a Weekly Produc- catch privileges to Amendment 80 QS tion Report from January 20, 1998, holders. through December 31, 2004; and Amendment 80 Program means the (3) Amendment 80 species caught Program implemented under subpart H while test fishing, fishing under an ex- of this part to manage Amendment 80 perimental, exploratory, or scientific species fisheries by limiting participa- activity permit, or fishing under the tion in these fisheries to eligible par- Western Alaska CDQ Program are not ticipants.

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Amendment 80 PSC means halibut and USCG Documentation Number listed in crab PSC as described in Table 35 to Column B of Table 31 to this part; or this part that are allocated to the (2) Is designated on an Amendment 80 Amendment 80 sector. QS permit, Amendment 80 LLP/QS li- Amendment 80 QS holder means a per- cense, or Amendment 80 LLP license son who is issued an Amendment 80 QS and is approved by NMFS in accord- permit by NMFS. ance with § 679.4()(4) as an Amendment Amendment 80 QS permit means a per- 80 replacement vessel. mit issued by NMFS that designates Ancillary product (see Table 1 to this the amount of Amendment 80 QS units part). derived from the Amendment 80 legal Appointed agent for service of process landings assigned to an Amendment 80 means an agent appointed by the mem- vessel for each Amendment 80 species bers of a fishery cooperative to serve in a management area. on behalf of the cooperative. The ap- Amendment 80 QS pool means the sum pointed agent for service of process of Amendment 80 QS units established may be the owner of a vessel listed as for each Amendment 80 species in a a member of the cooperative or a reg- management area based on the Amend- istered agent. ment 80 official record. Arctic fish means finfish, mollusks, Amendment 80 QS unit means a meas- crustaceans, and all other forms of ma- ure of the Amendment 80 QS pool based rine animal and plant life other than on Amendment 80 legal landings. marine mammals, birds, Pacific salm- Amendment 80 replacement vessel on, and Pacific halibut. means a vessel approved by NMFS in Arctic Management Area, for purposes accordance with § 679.4(o)(4). of regulations governing the Arctic Amendment 80 sector means: Management Area fisheries, means all (1) Those Amendment 80 QS holders marine waters in the U.S. EEZ of the who own Amendment 80 vessels and Chukchi and Beaufort Seas from 3 nau- hold Amendment 80 LLP licenses; or tical miles off the coast of Alaska or (2) Those persons who hold Amend- its baseline to 200 nautical miles off- ment 80 LLP/QS licenses. shore, north of Bering Strait (from Amendment 80 species means the fol- Cape Prince of Wales to Cape lowing species in the following regu- Dezhneva) and westward to the 1990 latory areas: U.S./Russia maritime boundary line (1) BSAI Atka mackerel; and eastward to the U.S./Canada mari- (2) Aleutian Islands Pacific ocean time boundary (see Figure 24 to this perch; part). (3) BSAI flathead sole; Area endorsement means (for purposes (4) BSAI Pacific cod; of groundfish LLP) a designation on a (5) BSAI rock sole; and license that authorizes a license holder (6) BSAI yellowfin sole. to deploy a vessel to conduct directed Amendment 80 standard ex-vessel value fishing for license limitation ground- means the total U.S. dollar amount of fish in the designated area, subarea, or landed Amendment 80 species CQ as district. Area endorsements, which are calculated by multiplying the number inclusive of, but not necessarily the of landed Amendment 80 equivalent same as, management areas, subareas, pounds by the appropriate Amendment or districts defined in this part, are as 80 standard price determined by the follows: Regional Administrator. (1) Aleutian Islands area endorse- Amendment 80 standard price means ment. Authorizes the license holder to the price, in U.S. dollars, for landed deploy a vessel to conduct directed Amendment 80 species, in Amendment fishing for license limitation ground- 80 equivalent pounds, as determined by fish in the Aleutian Islands Subarea; the Regional Administrator. (2) Bering Sea area endorsement. Au- Amendment 80 vessel means any vessel thorizes the license holder to deploy a that: vessel to conduct directed fishing for (1) Is listed in Column A of Table 31 license limitation groundfish in the to this part with the corresponding Bering Sea Subarea;

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(3) Central Gulf area endorsement. (5) Norton Sound red king and Norton Authorizes the license holder to deploy Sound blue king in waters with a west- a vessel to conduct directed fishing for ern boundary of 168° W. long., a south- license limitation groundfish in the ern boundary of 61°49′ N. lat., and a Central GOA regulatory area and the northern boundary of 65°36′ N. lat. West Yakutat District; (6) Pribilof red king and Pribilof blue (4) Southeast Outside area endorse- king in waters with a northern bound- ment. Authorizes the license holder to ary of 58°39′ N. lat., an eastern bound- deploy a vessel to conduct directed ary of 168° W. long., a southern bound- fishing for license limitation ground- ary line from 54°36′ N. lat., 168° W. fish in the Southeast Outside District; long., to 54°36′ N. lat., 171° W. long., to and 55°30′ N. lat., 171° W. long., to 55°30′ N. (5) Western Gulf area endorsement. lat., 173°30′ E. lat., and then westward Authorizes the license holder to deploy to the U.S.-Russian Convention line of a vessel to conduct directed fishing for 1867. license limitation groundfish in the Western GOA regulatory area. (7) St. Matthew blue king in waters ° ′ Area/species endorsement means (for with a northern boundary of 61 49 N. ° ′ purposes of LLP) a designation on a li- lat., a southern boundary of 58 39 N. cense that authorizes a license holder lat., and a western boundary of the to deploy a vessel to conduct directed U.S.-Russian Convention line of 1867. fishing for the designated crab species Associated processor means: in Federal waters in the designated (1) Relationship with a buying station area (see Figures 16 and 17 to this part). or tender vessel. A mothership or catch- Area/species endorsements for crab spe- er/processor issued an FFP, or a shore- cies licenses are as follows: side processor or SFP issued an FPP, (1) Aleutian Islands brown king in with a contractual relationship with a waters with an eastern boundary the buying station or tender vessel to con- longitude of Scotch Cap Light (164°44′ duct groundfish buying station or ten- W. long.), a western boundary of the der vessel activities for that processor. U.S.-Russian Convention Line of 1867, (2) Relationship with a custom proc- and a northern boundary of a line from essor. A mothership or catcher/proc- the latitude of Cape Sarichef (54°36′ N. essor issued an FFP or a shoreside lat.) westward to 171° W. long., then processor or SFP issued an FPP, with a north to 55°30′ N. lat., then west to the contractual relationship with a custom U.S.-Russian Convention line of 1867. processor to process groundfish on its (2) Aleutian Islands red king in wa- behalf. ters with an eastern boundary the lon- At-sea operation means, for purposes gitude of Scotch Cap Light (164°44′ W. of eLandings, a catcher/processor or long.), a western boundary of the U.S.- mothership that is receiving and/or Russian Convention Line of 1867, and a processing fish in State waters and/or northern boundary of a line from the in waters of the EEZ off the coast of latitude of Cape Sarichef (54°36′ N. lat.) Alaska. westward to 171° W. long., then north to 55°30′ N. lat., and then west to the Authorized distributor means a tax-ex- U.S.-Russian Convention line of 1867. empt organization authorized by NMFS (3) Bristol Bay red king in waters to coordinate the processing, storage, with a northern boundary of 58°39′ N. transportation, and distribution of lat., a southern boundary of 54°36′ N. salmon taken as incidental catch in lat., and a western boundary of 168° W. the groundfish trawl fisheries to tax- long. and including all waters of Bris- exempt hunger relief agencies, food tol Bay. bank networks, and food bank distribu- (4) Bering Sea and Aleutian Islands tors (see § 679.26, Prohibited Species Do- Area C. opilio and C. bairdi in Pacific nation Program). Ocean and Bering Sea waters east of Authorized fishing gear (see also the U.S.-Russian Convention Line of § 679.24 for gear limitations and Table 1867, excluding all Pacific Ocean waters 15 to this part for gear codes) means east of a boundary line extending south trawl gear, fixed gear, longline gear, (180°) from Scotch Cap Light. pot gear, and nontrawl gear as follows:

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(1) Bottom contact gear means non- more pots attached, or the taking of pelagic trawl, dredge, dinglebar, pot, or fish by means of such a device. hook-and-line gear. (11) Mobile bottom contact gear means (2) Dinglebar gear means one or more nonpelagic trawl, dredge, or dinglebar lines retrieved and set with a troll gear. gurdy or hand troll gurdy, with a ter- (12) Nonpelagic trawl means a trawl minally attached weight from which other than a pelagic trawl. one or more leaders with one or more (13) Nontrawl gear means pot and lures or baited hooks are pulled longline gear. through the water while a vessel is (14) Pelagic trawl gear means a trawl making way. that: (3) Dredge means a dredge-like device (i) Has no discs, bobbins, or rollers; designed specifically for and capable of (ii) Has no chafe protection gear at- taking scallops by being towed along tached to the footrope or fishing line; the ocean floor. (iii) Except for the small mesh al- (4) Fixed gear means: lowed under paragraph (14)(ix) of this (i) For sablefish harvested from any definition: GOA reporting area, all longline gear, longline pot gear, and, for purposes of (A) Has no mesh tied to the fishing determining initial IFQ allocation, all line, headrope, and breast lines with pot gear used to make a legal landing. less than 20 inches (50.8 cm) between (ii) For sablefish harvested from any knots and has no stretched mesh size of BSAI reporting area, all hook-and-line less than 60 inches (152.4 cm) aft from gear and all pot gear. all points on the fishing line, headrope, (iii) For halibut harvested from any and breast lines and extending passed IFQ regulatory area, all fishing gear the fishing circle for a distance equal composed of lines with hooks attached, to or greater than one half the vessel’s including one or more stationary, LOA; or buoyed, and anchored lines with hooks (B) Has no parallel lines spaced closer attached. than 64 inches (162.6 cm) from all (iv) For halibut harvested from any points on the fishing line, headrope, GOA reporting area, all longline pot and breast lines and extending aft to a gear, if the vessel operator is fishing section of mesh, with no stretched for IFQ sablefish in accordance with mesh size of less than 60 inches (152.4 § 679.42(l). cm) extending aft for a distance equal (5) Hand troll gear means one or more to or greater than one-half the vessel’s lines, with lures or hooks attached, LOA; drawn through the water behind a mov- (iv) Has no stretched mesh size less ing vessel, and retrieved by hand or than 15 inches (38.1 cm) aft of the mesh hand-cranked reels or gurdies and not described in paragraph (14)(iii) of this by any electrically, hydraulically, or definition for a distance equal to or mechanically powered device or at- greater than one-half the vessel’s LOA; tachment. (v) Contains no configuration in- (6) Handline gear means a hand-held tended to reduce the stretched mesh line, with one or more hooks attached, sizes described in paragraphs (14)(iii) that may only be operated manually. and (iv) of this definition; (7) Hook-and-line gear means a sta- (vi) Has no flotation other than tionary, buoyed, and anchored line floats capable of providing up to 200 lb with hooks attached, or the taking of (90.7 kg) of buoyancy to accommodate fish by means of such a device. the use of a net-sounder device; (8) Jig gear means a single, non- (vii) Has no more than one fishing buoyed, non-anchored line with hooks line and one footrope for a total of no attached, or the taking of fish by more than two weighted lines on the means of such a device. bottom of the trawl between the wing (9) Longline gear means hook-and- tip and the fishing circle; line, jig, troll, and handline or the tak- (viii) Has no metallic component ex- ing of fish by means of such a device. cept for connectors (e.g., hammerlocks (10) Longline pot means a stationary, or swivels) or a net-sounder device aft buoyed, and anchored line with two or of the fishing circle and forward of any

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mesh greater than 5.5 inches (14.0 cm) hand troll and power troll gear and stretched measure; dinglebar gear. (ix) May have small mesh within 32 ft (20) Snap gear means a type of hook- (9.8 m) of the center of the headrope as and-line gear where the hook and needed for attaching instrumentation gangion are attached to the groundline (e.g., net-sounder device); and using a mechanical fastener or snap. (x) May have weights on the wing Authorized officer means: tips. (1) Any commissioned, warrant, or (15) Pot gear means a portable struc- petty officer of the USCG; ture designed and constructed to cap- (2) Any special agent or fishery en- ture and retain fish alive in the water. forcement officer of NMFS; This gear type includes longline pot (3) Any officer designated by the head and pot-and-line gear. Each groundfish of any Federal or state agency that has pot must comply with the following: entered into an agreement with the Secretary and the Commandant of the (i) Biodegradable panel. Each pot used USCG to enforce the provisions of the to fish for groundfish must be equipped Magnuson-Stevens Act or any other with a biodegradable panel at least 18 statute administered by NOAA; or inches (45.72 cm) in length that is par- (4) Any USCG personnel accom- allel to, and within 6 inches (15.24 cm) panying and acting under the direction of, the bottom of the pot, and that is of any person described in paragraph sewn up with untreated cotton thread (1) of this definition. of no larger size than No. 30. Basis species means any species or (ii) Tunnel opening. Each pot used to species group that is open to directed fish for groundfish must be equipped fishing that the vessel is authorized to with rigid tunnel openings that are no harvest (see Tables 10, 11, and 30 to this wider than 9 inches (22.86 cm) and no part). higher than 9 inches (22.86 cm), or soft Bering Sea and Aleutian Islands Area, tunnel openings with dimensions that for purposes of regulations governing are no wider than 9 inches (22.86 cm). the commercial king and Tanner crab (16) Pot-and-line gear means a sta- fisheries in part 680 of this Chapter, tionary, buoyed line with a single pot means those waters of the EEZ off the attached, or the taking of fish by west coast of Alaska lying south of the means of such a device. Chukchi Sea statistical area as de- (17) Power troll gear means one or scribed in the coordinates listed for more lines, with hooks or lures at- Figure 1 to this part, and extending tached, drawn through the water be- south of the Aleutian Islands for 200 hind a moving vessel, and originating nm west of Scotch Cap Light (164°44′36″ from a power gurdy or power-driven W. long). spool fastened to the vessel, the exten- Bering Sea and Aleutian Islands Man- sion or retraction of which is directly agement Area (BSAI), for purposes of to the gurdy or spool. regulations governing the groundfish (18) Trawl gear means a cone or fun- fisheries, means the Bering Sea and nel-shaped net that is towed through Aleutian Islands subareas (see Figure 1 the water by one or more vessels. For to this part). purposes of this part, this definition in- Bering Sea Habitat Conservation Area cludes, but is not limited to, beam means a habitat protection area speci- trawls (trawl with a fixed net opening fied at Table 42 and Figure 16 to this utilizing a wood or metal beam), otter part. trawls (trawl with a net opening con- Bering Sea Subarea of the BSAI means trolled by devices commonly called that portion of the EEZ contained in otter doors), and pair trawls (trawl Statistical Areas 508, 509, 512, 513, 514, dragged between two vessels) and is 516, 517, 518, 519, 521, 523, 524, and 530 further described as pelagic or non- (see Figure 1 to this part). pelagic trawl. Bled codend means a form of discard (19) Troll gear means one or more by vessels using trawl gear wherein lines with hooks or lures attached some or all of the fish are emptied into drawn through the water behind a mov- the sea from the net before fish are ing vessel. This gear type includes brought fully on board.

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Blind data means any data collected Calendar day means a 24-hour period from an economic data report by the that starts at 0001 hours Alaska local data collection agent that are subse- time and ends at 2400 hours Alaska quently amended by removing personal local time. identifiers, including, but not limited Catch (see 50 CFR 600.10.) to social security numbers, crew per- Catcher/processor (C/P) means, with mit numbers, names and addresses, respect to groundfish recordkeeping Federal fisheries permit numbers, Fed- and reporting and subpart E of this eral processor permit numbers, Federal part, a vessel that is used for catching tax identification numbers, and State fish and processing that fish. of Alaska vessel registration and per- Catcher/processor vessel designation mit numbers, and by adding in their means, for purposes of the license limi- place a nonspecific identifier. tation program, a license designation Bogoslof District means that part of that authorizes the license holder: the Bering Sea Subarea contained in (1) Designated on a groundfish license Statistical Area 518 (see Figure 1 to to deploy a vessel to conduct directed this part). fishing for license limitation ground- Bowers Ridge Habitat Conservation fish and process license limitation Zone means a management area estab- groundfish on that vessel or to conduct lished for the protection of the Bowers only directed fishing for license limita- Ridge and Ulm Plateau habitat areas of tion groundfish; or particular concern in the BSAI. See (2) Designated on a crab species li- Table 25 to this part. cense to deploy a vessel to conduct di- Breast line means the rope or wire rected fishing for crab species and running along the forward edges of the process crab species on that vessel or side panels of a net, or along the for- to conduct only directed fishing for ward edge of the side rope in a rope crab species. trawl. Catcher vessel (C/V) means a vessel Briefing means a short (usually 2-4 that is used for catching fish and that day) training session that observers does not process fish on board. must complete to fulfill endorsement Catcher vessel designation means, for requirements. purposes of the license limitation pro- BSAI trawl limited access sector means gram, a license designation that au- fisheries conducted in the BSAI by per- thorizes the license holder: sons using trawl gear and who are not: (1) Using an Amendment 80 vessel or (1) Designated on a groundfish license an Amendment 80 LLP license; or to deploy a vessel to conduct directed (2) Fishing for CDQ groundfish. fishing for, but not process, license Bulwark means a section of a vessel’s limitation groundfish on that vessel; or side continuing above the main deck. (2) Designated on a crab species li- Buying station means a land-based en- cense to deploy a vessel to conduct di- tity that receives unprocessed ground- rected fishing for, but not process, crab fish from a vessel for delivery to a species on that vessel. shoreside processor and that does not Catcher Vessel Operational Area process those fish. (CVOA) (see Figure 2 to this part and Bycatch Limitation Zone 1 (Zone 1) § 679.22(a)(5)). means that part of the Bering Sea Sub- CBL means crab bycatch limit. area that is contained within the CDQ means community development boundaries of Statistical Areas 508, 509, quota and is the amount of a CDQ re- 512, and 516 (see Figure 1 to this part). serve that is allocated to a CDQ group. Bycatch Limitation Zone 2 (Zone 2) CDQ ABC reserve means 10.7 percent means that part of the Bering Sea Sub- of the amount of the flathead sole, area that is contained within the rock sole, or yellowfin sole ABC re- boundaries of Statistical Areas 513, 517, serve that is allocated among the CDQ and 521 (see Figure 1 to this part). groups as calculated annually as de- Bycatch or bycatch species means fish scribed at § 679.31(b)(4). caught and released while targeting an- CDQ allocation means a percentage of other species or caught and released a CDQ reserve specified under § 679.31 while targeting the same species. that is assigned to a CDQ group.

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CDQ equivalent pounds means the contained in Statistical Area 542 (see weight recorded in pounds, for landed Figure 1 to this part). CDQ groundfish and halibut, and cal- Central GOA Regulatory Area means culated as round weight. that portion of the GOA EEZ that is CDQ fee liability means the amount of contained in Statistical Areas 620 and money for CDQ groundfish and halibut 630 (see Figure 3 to this part). cost recovery, in U.S. dollars, owed to Chum Salmon Savings Area of the BSAI NMFS by a CDQ group as determined CVOA (See § 679.21(f)(14) and Figure 9 to by multiplying the appropriate stand- this part). ard ex-vessel value of landed CDQ Civil judgment, for purposes of subpart groundfish and halibut by the appro- E of this part, means a judgment or priate CDQ fee percentage. finding of a civil offense by any court CDQ fee percentage means that posi- of competent jurisdiction. tive number no greater than 3 percent Clearing officer means, a NOAA Fish- (0.03) determined by the Regional Ad- eries Office for Law Enforcement (OLE) ministrator and established for use in special agent, an OLE fishery enforce- calculating the CDQ groundfish and ment officer, or an OLE enforcement halibut fee liability for a CDQ group. aide. CDQ group means an entity identified Commercial fishing means: as eligible for the CDQ Program under (1) For purposes of the salmon fish- 16 U.S.C. 1855(i)(1)(D). CDQ groups are ery, fishing for salmon for sale or bar- listed in Table 7 to this part. ter. CDQ number means a number as- (2) For purposes of the Pacific hal- signed to a CDQ group by NMFS that ibut fishery, fishing, the resulting must be recorded and is required in all catch of which either is, or is intended logbooks and reports submitted by ves- to be, sold or bartered but does not in- sels harvesting CDQ or processors tak- clude subsistence fishing for halibut, as ing deliveries of CDQ. defined at 50 CFR 300.61. (3) For purposes of Arctic fish, the re- CDQ Program means the Western sulting catch of fish in the Arctic Man- Alaska Community Development agement Area which either is, or is in- Quota Program. tended to be, sold or bartered but does means any indi- CDQ representative not include subsistence fishing for Arc- vidual who is authorized by a CDQ tic fish, as defined in this subsection. group to sign documents submitted to Commercial Operator’s Annual Report NMFS on behalf of the CDQ group. (COAR) means the annual report of in- CDQ reserve means the amount of formation on exvessel and first whole- each groundfish TAC apportioned sale values for fish and shellfish re- under § 679.20, the amount of each catch quired under Title 5 of the Alaska Ad- limit for halibut, or the amount of TAC ministrative Code, chapter 39.130 (see for crab that has been allocated to the § 679.5 (p)). CDQ Program. Commissioner of ADF&G means the CDQ species means any species or spe- principal executive officer of ADF&G. cies group that is allocated from a CDQ Community quota entity (CQE) means reserve to a CDQ group. a non-profit organization that: CDQ standard ex-vessel value means (1) Did not exist prior to April 10, the total U.S. dollar amount of landed 2002; CDQ groundfish and halibut as cal- (2) Represents at least one eligible culated by multiplying the number of community that is listed in Table 21 of landed CDQ equivalent pounds by the this part; and, appropriate CDQ standard price deter- (3) Has been approved by the Re- mined by the Regional Administrator. gional Administrator to obtain by CDQ standard price means the price, transfer and hold QS, and to lease IFQ in U.S. dollars, for landed CDQ ground- resulting from the QS on behalf of an fish and halibut, in CDQ equivalent eligible community; and pounds, as determined by the Regional (4) Must be the Adak Community En- Administrator. tity as defined at § 680.2 if that non- Central Aleutian District means that profit organization represents the eli- part of the Aleutian Islands Subarea gible community of Adak, AK.

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Conviction, for purposes of subpart E (Paralithodes platypus), brown or golden of this part, means a judgment or con- king crab (Lithodes aequispina), scarlet viction of a criminal offense by any or deep sea king crab (Lithodes couesi), court of competent jurisdiction, wheth- Tanner or bairdi crab (Chionoecetes er entered upon a verdict or a plea, and bairdi), opilio or snow crab includes a conviction entered upon a (Chionoecetes opilio), grooved Tanner plea of nolo contendere. crab (Chionoecetes tanneri), and triangle Cooperative quota (CQ): Tanner crab (Chionoecetes angulatus). (1) For purposes of the Amendment 80 Crab species license means a license Program means: issued by NMFS that authorizes the li- (i) The annual catch limit of an cense holder designated on the license Amendment 80 species that may be to deploy a vessel to conduct directed caught by an Amendment 80 coopera- fishing for crab species. tive while fishing under a CQ permit; Cruise means an observer deployment (ii) The amount of annual halibut with a unique cruise number. A cruise and crab PSC that may be used by an begins when an observer receives an en- Amendment 80 cooperative while fish- dorsement to deploy and ends when the ing under a CQ permit. observer completes all debriefing re- (2) For purposes of the Rockfish Pro- sponsibilities. gram means: Daily reporting period or day is the - (i) The annual catch limit of a rock- riod from 0001 hours, A.l.t., until the fish primary species or rockfish sec- following 2400 hours, A.l.t. ondary species that may be harvested Data collection agent (DCA) means the by a rockfish cooperative while fishing entity selected by the Regional Admin- under a CQ permit; istrator to distribute an EDR to a per- (ii) The amount of annual halibut son required to complete it, to receive PSC that may be used by a rockfish co- the completed EDR, to review and operative in the Central GOA while verify the accuracy of the data in the fishing under a CQ permit (see rockfish EDR, and to provide those data to au- halibut PSC in this section). thorized recipients. C. Opilio Crab Bycatch Limitation Zone Debriefing means the post-deploy- (COBLZ) (see § 679.21(e) and Figure 13 to ment process that includes a one-on- this part. one interview with NMFS staff, a CQ permit means a permit issued to NMFS preliminary data review, ob- an Amendment 80 cooperative under server completion of all data correc- § 679.4(o)(2) or to a rockfish cooperative tions noted, observer preparation of af- under § 679.4(n)(1). fidavits and reports, and completion of CQE floating processor means, for the tasks related to biological specimens purposes of processing Pacific cod or special projects. within the marine municipal bound- Decertification, as used in § 679.53(c), aries of CQE communities (see Table 21 means action taken by a decertifying of this part) in the Western or Central official under § 679.53(c)(3) to revoke Gulf of Alaska Federal reporting areas certification of an observer or observer 610, 620, or 630, a vessel not meeting the provider. An observer or observer pro- definition of a stationary floating proc- vider whose certification is so revoked essor in this section, that has not har- is decertified. vested groundfish in the Gulf of Alaska Decertifying official, for purposes of in the same calendar year, and oper- subpart E of this part, means a des- ates on the authority of an FPP en- ignee authorized by the Regional Ad- dorsed as a CQE floating processor. ministrator to impose decertification. Council means North Pacific Fishery Deep water flatfish (see Table 10 to Management Council. this part pursuant to § 679.20(c).) Crab species means (see also king crab Deployment means the period between and tanner crab) all crab species cov- an observer’s arrival at the point of ered by the Fishery Management Plan embarkation and the date the observer for Bering Sea/Aleutian Islands King disembarks for travel to debriefing. and Tanner Crabs, including, but not Designated contact for the Aleut Cor- limited to, red king crab (Paralithodes poration means an individual who is camtschatica), blue king crab designated by the Aleut Corporation

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for the purpose of communication with activity that results in the retention of NMFS regarding the identity of se- an amount of a species or species group lected AI directed pollock fishery par- on board a vessel that is greater than ticipants and weekly reports required the maximum retainable percentage by § 679.5. for that species or species group as cal- Designated cooperative representative culated under § 679.20. means an individual who is designated (5) With respect to the harvest of flat- by the members of a fishery coopera- fish in the Bering Sea subarea, for pur- tive to fulfill requirements on behalf of poses of nonpelagic trawl restrictions the cooperative including, but not lim- under § 679.22(a) and modified non- ited to, the signing of cooperative fish- pelagic trawl gear requirements under ing permit applications; submitting §§ 679.7(c)(5) and 679.24(f), fishing with catcher vessel pollock cooperative nonpelagic trawl gear during any fish- catch reports, and submitting annual ing trip that results in a retained ag- cooperative fishing reports. gregate amount of yellowfin sole, rock Designated data collection auditor sole, Greenland turbot, arrowtooth (DDCA) means an examiner employed flounder, flathead sole, Alaska plaice, by, or under contract to, the data col- and other flatfish that is greater than lection agent (DCA) to verify data sub- the retained amount of any other fish- mitted in an economic data report or ery category defined under the NMFS-designated contractor to § 679.21(b)(1)(ii) or of sablefish. perform the functions of a data collec- (6) With respect to the harvest of flat- tion auditor. fish in the Central GOA Regulatory Area, Designated primary processor means an for purposes of modified nonpelagic AFA inshore processor that is des- trawl gear requirements under ignated by an inshore pollock coopera- §§ 679.7(b)(9) and 679.24(f), fishing with tive as the AFA inshore processor to nonpelagic trawl gear during any fish- which the cooperative will deliver at ing trip that results in a retained ag- least 90 percent of its BS pollock allo- gregate amount of shallow-water flat- cation during the year in which the fish, deep-water flatfish, rex sole, AFA inshore cooperative fishing per- arrowtooth flounder, and flathead sole mit is in effect. that is greater than the retained Direct financial interest means any amount of any other trawl fishery cat- source of income to, or capital invest- egory as defined at § 679.21(d)(3)(iii). ment or other interest held by, an indi- vidual, partnership, or corporation or Discard (see § 600.10.) an individual’s spouse, immediate fam- Dockside sale means, the transfer of ily member or parent that could be in- IFQ halibut, CDQ halibut or IFQ sable- fluenced by performance or non-per- fish from the person who harvested it formance of observer or observer pro- to individuals for personal consump- vider duties. tion, and not for resale. Directed fishing means: Documented harvest means a lawful (1) Unless indicated otherwise, any harvest that was recorded in compli- fishing activity that results in the re- ance with Federal and state commer- tention of an amount of a species or cial fishing regulations in effect at the species group on board a vessel that is time of harvesting. greater than the maximum retainable Donut Hole means the international amount for that species or species waters of the Bering Sea outside the group as calculated under § 679.20. limits of the EEZ and Russian eco- (2) With respect to license limitation nomic zone as depicted on the current groundfish species, directed fishing as edition of NOAA chart INT 813 Bering defined in paragraph (1) of this defini- Sea (Southern Part). tion. Eastern Aleutian District means that (3) With respect to crab species under part of the Aleutian Islands Subarea this part, the catching and retaining of contained in Statistical Area 541 (see any crab species. Figure 1 to this part). (4) With respect to the harvest of Eastern GOA Regulatory Area means groundfish by AFA catcher/processors the Reporting Areas 649 and 659 and and AFA catcher vessels, any fishing that portion of the GOA EEZ that is

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contained in Statistical Areas 640 and 1995, that made at least one harvest of 650 (see Figure 3 to this part). red or blue king crab in the relevant Economic data report (EDR) means the area during the period in report of cost, labor, earnings, and rev- § 679.4(k)(5)(ii)(G), and that was oper- enue data required under § 679.65, ated by an individual who was an - § 679.94, and § 679.110. ployee or a temporary contractor; or eLandings means the Internet data (4) For a scallop license, who quali- entry system or desktop client compo- fies for a scallop license as specified at nents of the Interagency Electronic Re- § 679.4(g)(2) of this part; or porting System (IERS) for reporting (5) Who is an individual that can commercial fishery landings and pro- demonstrate eligibility pursuant to the duction from waters off Alaska. provisions of the Rehabilitation Act of Electronic Monitoring system or EM 1973 at 29 U.S.C. 794 (a). system means a network of equipment Eligible community means: that uses a software operating system (1) for purposes of the CDQ Program, connected to one or more technology a community identified as eligible for components, including, but not limited the CDQ Program under 16 U.S.C. to, cameras and recording devices to 1855(i)(1)(D). Eligible communities are collect data on catch and vessel oper- listed in Table 7 to this part. ations. (2) For purposes of the IFQ program Eligible applicant means (for purposes in the GOA, a community that is listed of the LLP program) a qualified person in Table 21 to this part, and that: who submitted an application during (i) Is a municipality or census des- the application period announced by ignated place, as defined in the 2000 NMFS and: United States Census, located on the (1) For a groundfish license or crab GOA coast of the North Pacific Ocean; species license, who owned a vessel on (ii) Has a population of not less than June 17, 1995, from which the minimum 20 and not more than 1,500 persons number of documented harvests of li- based on the 2000 United States Census; cense limitation groundfish or crab (iii) Has had a resident of that com- species were made in the relevant areas munity with at least one commercial during the qualifying periods specified landing of halibut or sablefish made in § 679.4(k)(4) and (k)(5), unless the during the period from 1980 through fishing history of that vessel was 2000, as documented by the State of transferred in conformance with the Alaska Commercial Fisheries Entry provisions in paragraph (2) of this defi- Commission; and nition; or (iv) Is not accessible by road to a (2) For a groundfish license or crab community larger than 1,500 persons species license, to whom the fishing based on the 2000 United States Census. history of a vessel from which the min- (3) For purposes of the IFQ program imum number of documented harvests in the Aleutian Islands subarea, a com- of license limitation groundfish or crab munity that is listed in Table 21 to this species were made in the relevant areas part, and that: during the qualifying periods specified (i) Is a municipality or census des- in § 679.4(k)(4) and (k)(5) has been trans- ignated place, as defined in the 2000 ferred or retained by the express terms United States Census, located on the of a written contract that clearly and Aleutian Islands subarea coast of the unambiguously provides that the quali- North Pacific Ocean; fications for a license under the LLP (ii) Is not an entity identified as eli- have been transferred or retained; or gible for the CDQ Program under 16 (3) For a crab species license, who U.S.C. 1855(i)(1)(D); was an individual who held a State of (iii) Has a population of not less than Alaska permit for the Norton Sound 20 and not more than 1,500 persons king crab summer fishery at the time based on the 2000 United States Census; he or she made at least one harvest of (iv) Has had a resident of that com- red or blue king crab in the relevant munity with at least one commercial area during the period specified in landing of halibut or sablefish made § 679.4(k)(5)(ii)(G), or a corporation that during the period from 1980 through owned or leased a vessel on June 17, 2000, as documented by the State of

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Alaska Commercial Fisheries Entry analyze EM data, as required under Commission; and § 679.51(f). (v) Is not accessible by road to a com- Endorsement. (1) (See area endorsement munity larger than 1,500 persons based for purposes of the groundfish LLP per- on the 2000 United States Census. mits); Eligible community resident means: (2) (See area/species endorsement for (1) For purposes of the IFQ Program, purposes of the crab LLP permits); any individual who: (3) (See § 679.4(g)(3)(ii) area endorse- (i) Is a citizen of the United States; ments for purposes of the scallop per- mit). (ii) Has maintained a domicile in a (see rural community listed in Table 21 to Experimental fishery Exempted § 679.6). this part for the 12 consecutive months fishery, means waters within immediately preceding the time when Federal waters the EEZ off Alaska (see also reporting the assertion of residence is made, and area). who is not claiming residency in an- means a ves- other community, state, territory, or Federally permitted vessel sel that is named on either a Federal country, except that residents of the fisheries permit issued pursuant to Village of Seldovia shall be considered § 679.4(b) or on a Federal crab vessel to be eligible community residents of permit issued pursuant to § 680.4(k) of the City of Seldovia for the purposes of this chapter. Federally permitted ves- eligibility to lease IFQ from a CQE; sels must conform to regulatory re- and quirements for purposes of fishing re- (iii) Is an IFQ crew member except strictions in habitat conservation when that person is receiving halibut areas, habitat conservation zones, or sablefish IFQ that is derived from habitat protection areas, and the Modi- QS held by a CQE on behalf of an eligi- fied Gear Trawl Zone; for purposes of ble community in the Aleutian Islands. anchoring prohibitions in habitat pro- (2) For purposes of the Area 2C and tection areas; for purposes of require- Area 3A catch sharing plan (CSP) in ments for the BS and GOA nonpelagic § 300.65(c) of this title, means any indi- trawl fishery pursuant to § 679.7(b)(9), vidual or non-individual entity who: § 679.7(c)(5), and § 679.24(f); and for pur- (i) Holds a charter halibut permit as poses of VMS requirements. defined in § 300.61 of this title; Fishery cooperative or cooperative (ii) Has been approved by the Re- means any entity cooperatively man- gional Administrator to receive GAF, aging directed fishing for BS pollock as defined in § 300.61 of this title, from and formed under section 1 of the Fish- a CQE in a transfer between IFQ and erman’s Collective Marketing Act of GAF pursuant to § 300.65(c)(5)(ii) of this 1934 (15 U.S.C. 521). In and of itself, a title; and cooperative is not an AFA entity sub- (iii) Begins or ends every charter ves- ject to excessive harvest share limita- sel fishing trip, as defined in § 300.61 of tions, unless a single person, corpora- this title, authorized by the charter tion or other business entity controls halibut permit issued to that person, the cooperative and the cooperative and on which halibut are retained, at a has the power to control the fishing ac- location(s) within the boundaries of the tivity of its member vessels. community represented by the CQE Fish product (See groundfish product.) from which the GAF were received. The Fish product weight means the weight geographic boundaries of the eligible of the fish product in pounds or to at community will be those defined by the least the nearest thousandth of a met- United States Census Bureau. ric ton (0.001 mt). Fish product weight EM selection pool means the defined is based upon the number of production group of vessels from which NMFS will units and the weight of those units. randomly select the vessels required to Production units include pans, cartons, use an EM system under § 679.51(f). blocks, trays, cans, bags, and indi- EM service provider means any person, vidual fresh or frozen fish. The weight including their employees or agents, of a production unit is the average that NMFS contracts with to provide weight of representative samples of the EM services, or to review, interpret, or product, and, for fish other than fresh

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fish, may include additives or water floating processor, the period of time but not packaging. Any allowance for that begins when a catcher vessel de- water added cannot exceed 5 percent of parts a port to harvest fish until the the gross product weight (fish, addi- offload or transfer of all fish from that tives, and water). vessel. Fishermen means persons who catch, (ii) For a catcher vessel delivering to take, or harvest fish. a tender vessel, the period of time that Fishing circle means the circum- begins when a catcher vessel departs ference of a trawl intersecting the cen- from port to harvest fish until the ves- ter point on a fishing line, and that is sel returns to a port in which a shore- perpendicular to the long axis of a side processor or stationary floating trawl. processor with a valid FPP is located. Fishing line means a length of chain (iii) For a catcher/processor in the or wire rope in the bottom front end of partial observer coverage category, the a trawl to which the webbing or lead period of time that begins when the ropes are attached. vessel departs a port to harvest fish Fishing trip means: (1) With respect to until the vessel returns to port and retention requirements (MRA, IR/IU, offloads all processed product. and pollock roe stripping), record- (iv) For a vessel in the EM selection keeping and reporting requirements pool of the partial coverage category, the under § 679.5, and determination of di- period of time that begins when the rected fishing for flatfish. vessel leaves a shore-based port or ten- (i) Catcher/processors and motherships. der vessel with an empty hold until the An operator of a catcher/processor or vessel returns to a shore-based port or mothership processor vessel is engaged tender vessel and all fish are delivered. in a fishing trip from the time the har- (4) For purposes of § 679.7(n)(7), the pe- vesting, receiving, or processing of riod beginning when a vessel operator groundfish is begun or resumed in an commences harvesting any Rockfish area until any of the following events Program species and ending when the occur: vessel operator offloads or transfers (A) The effective date of a notifica- any processed or unprocessed Rockfish tion prohibiting directed fishing in the Program species from that vessel. same area under § 679.20 or § 679.21; (5) For purposes of § 679.7(o)(4), the pe- (B) The offload or transfer of all fish riod beginning when a vessel operator or fish product from that vessel; commences harvesting any Amend- (C) The vessel enters or leaves an ment 80 species and ending when the area where a different directed fishing vessel operator offloads or transfers prohibition applies; any processed or unprocessed Amend- (D) The vessel begins fishing with a ment 80 species from that vessel. different type of authorized fishing (6) For purposes of gear; or § 679.7(d)(5)(ii)(C)(2) for CDQ groups and (E) The end of a weekly reporting pe- § 679.7(k)(8)(ii) for AFA entities, the pe- riod, whichever comes first. riod beginning when a vessel operator (ii) Catcher vessels. An operator of a commences harvesting any pollock catcher vessel is engaged in a fishing that will accrue against a directed fish- trip from the time the harvesting of ing allowance for pollock in the BS or groundfish is begun until the offload or against a pollock CDQ allocation har- transfer of all fish or fish product from vested in the BS and ending when the that vessel. vessel operator offloads or transfers (2) IFQ program. With respect to the any processed or unprocessed pollock IFQ program, the period beginning from that vessel. when a vessel operator commences har- Fishing year means 0001 hours, A.l.t., vesting IFQ species and ending when on January 1, through 2400 hours, the vessel operator lands any species. A.l.t., on December 31 (see § 679.23). (3) North Pacific Observer Program. Fixed gear sablefish CDQ reserve means With respect to subpart E of this part, 20 percent of the sablefish fixed gear one of the following periods: TAC for each subarea in the BSAI for (i) For a catcher vessel delivering to which a sablefish TAC is specified a shoreside processor or stationary under § 679.20(b)(1)(ii)(B).

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Flatfish Exchange means the exchange fishing for license limitation ground- of unused CDQ, or Amendment 80 CQ, fish. of flathead sole, rock sole, or yellowfin Groundfish product or fish product sole in the BSAI for an equivalent means any species product listed in Ta- amount (in metric tons) of CDQ ABC bles 1, 2a, 2c, and 2d to this part. reserve or Amendment 80 ABC reserve, Gulf of Alaska (GOA) means that por- respectively, for flathead sole, rock tion of the EEZ contained in Statis- sole, or yellowfin sole in the BSAI tical Areas 610, 620, 630, 640, and 650 (see other than the species listed for ex- Figure 3 to this part). change on the Flatfish Exchange Appli- Gulf of Alaska Coral Habitat Protection cation as described in a notice of ad- Areas means management areas estab- justment or apportionment in the FED- lished for the protection of coral habi- ERAL REGISTER. tat areas of particular concern in the Food bank distributor means a tax-ex- Gulf of Alaska. See Table 26 to this empt organization with the primary part. purpose of distributing food resources Gulf of Alaska Slope Habitat Conserva- to hunger relief agencies (see § 679.26). tion Areas means management areas es- Food bank network means a tax-ex- tablished for the protection of essential empt organization with the primary fish habitat on the Gulf of Alaska purpose of coordinating receipt and de- slope. See Table 27 to this part. livery of food resources to its member Halibut means Pacific halibut food bank distributors or hunger relief (Hippoglossus stenolepis). agencies (see § 679.26). Halibut CDQ fishing means using fixed Footrope means a chain or wire rope gear, retaining halibut CDQ, and not attached to the bottom front end of a retaining groundfish over the max- trawl and attached to the fishing line. imum retainable amounts specified in Forage fish (see Table 2c to this part § 679.20(e) and Table 11 to this part. and § 679.20(i)). Halibut CDQ reserve means the amount of the halibut catch limit for Gear (see the definition for Author- IPHC regulatory areas 4B, 4C, 4D, and ized fishing gear of this section). 4E that is reserved for the halibut CDQ Gear deployment (or to set gear) (see program (see § 679.31(a)(2)). § 679.5(c)(3)(vi)(B) for longline and pot Harvesting or to harvest means the gear; see § 679.5(c)(4)(vi)(B) for trawl catching and retaining of any fish. gear). Harvest zone codes (see Table 8 to this Gear retrieval (or to haul gear) (see part). § 679.5(c)(3)(vi)(C) for longline and pot Haul means the retrieval of trawl gear; see § 679.5(c)(4)(vi)(C) for trawl gear which results in catching fish or gear). which does not result in catching fish; Grenadiers (see Table 2c to this part a test of trawl gear; or when non-func- and § 679.20(i)). tional gear is pulled in, even if no fish Groundfish means (1) FMP species as are harvested. All hauls of any type listed in Table 2a to this part. need to be recorded and numbered (2) Target species specified annually throughout the year, whether or not pursuant to § 679.20(a)(2) (See also the fish are caught. definitions for: License limitation Headrope means a rope bordering the groundfish; CDQ species; and IR/IU spe- top front end of a trawl. cies of this section). Herring Savings Area means any of Groundfish CDQ fishing means fishing three areas in the BSAI presented in that results in the retention of any Figure 4 to this part (see also groundfish CDQ species, but that does § 679.21(b)(4) for additional closure in- not meet the definition of pollock CDQ formation). fishing, sablefish CDQ fishing, or hal- Hook-and-line catcher/processor means ibut CDQ fishing. a catcher/processor vessel that is Groundfish license means (for pur- named on a valid LLP license that is poses of the LLP program) a license noninterim and transferable, or that is issued by NMFS that authorizes the li- interim and subsequently becomes non- cense holder designated on the license interim and transferable, and that is to deploy a vessel to conduct directed endorsed for any of the following areas:

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Bering Sea, Aleutian Islands, and/or or her IFQ by the appropriate IFQ fee any area in the Gulf of Alaska; and en- percentage. dorsed for catcher/processor fishing ac- IFQ fee percentage means that posi- tivity, catcher/processor Pacific cod, tive number no greater than 3 percent and hook-and-line gear. (0.03) determined by the Regional Ad- Hunger relief agency means a tax-ex- ministrator and established for use to empt organization with the primary calculate the IFQ cost recovery fee li- purpose of feeding economically dis- ability for an IFQ permit holder. advantaged individuals free of charge IFQ halibut means any halibut that is (see § 679.26). harvested with setline gear as defined IFQ actual ex-vessel value means the in § 300.61 of this title or fixed gear as U.S. dollar amount of all compensa- defined in this section while commer- tion, monetary or non-monetary, in- cial fishing in any IFQ regulatory area cluding any IFQ retro-payments re- defined in this section. ceived by an IFQ permit holder for the IFQ landing means the unloading or purchase of IFQ halibut or IFQ sable- transferring of any IFQ halibut, CDQ fish landing(s) on his or her permit(s) halibut, IFQ sablefish, or products described in terms of IFQ equivalent thereof from the vessel that harvested pounds. such fish or the removal from the water of a vessel containing IFQ hal- IFQ crew member means any indi- ibut, CDQ halibut, IFQ sablefish, or vidual who has at least 150 days experi- products thereof. ence working as part of the harvesting IFQ permit holder means the person crew in any U.S. commercial fishery, identified on an IFQ permit, at the or any individual who receives an ini- time a landing is made (see § 679.4(d)(1)). tial allocation of QS. For purposes of IFQ program means the individual this definition, ‘‘harvesting’’ means fishing quota program for the fixed work that is directly related to the gear fisheries for Pacific halibut and catching and retaining of fish. Work in sablefish in waters in and off Alaska support of harvesting, but not directly and governed by regulations under this involved with harvesting, is not consid- part. ered harvesting crew work. For exam- IFQ regulatory area means: ple, searching for fish, work on a fish- (1) With respect to IFQ halibut, areas ing vessel only as an engineer or cook, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as pre- or work preparing a vessel for a fishing scribed in the annual management trip would not be considered work of a measures published in the FEDERAL harvesting crew. REGISTER pursuant to § 300.62 of chapter IFQ equivalent pound(s) means the III of this title (see also Figure 15 to weight amount, recorded in pounds and this part). calculated as round weight for sable- (2) With respect to IFQ sablefish, any fish and headed and gutted weight for of the three regulatory areas in the halibut for an IFQ landing or for esti- GOA and any subarea of the BSAI, and mation of the fee liability of halibut all waters of the State of Alaska be- landed as guided angler fish (GAF), as tween the shore and the inshore bound- defined in § 300.61 of this title. Landed ary of such regulatory areas and sub- GAF are converted to IFQ equivalent areas, except waters of Prince William pounds as specified in § 300.65(c) of this Sound and areas in which sablefish title. fishing is managed under a State of IFQ fee liability means that amount of Alaska limited entry program (see Fig- money for IFQ cost recovery, in U.S. ure 14 to this part). dollars, owed to NMFS by an IFQ per- IFQ retro-payment means the U.S. dol- mit holder as determined by multi- lar value of a payment, monetary or plying the appropriate standard ex-ves- non-monetary, made to an IFQ permit sel value or, for non-GAF landings, the holder for the purchase of IFQ halibut actual ex-vessel value of his or her IFQ or IFQ sablefish landed at some pre- halibut or IFQ sablefish landing(s), by vious time. the appropriate IFQ fee percentage and IFQ sablefish means any sablefish the appropriate standard ex-vessel that is harvested with fixed gear, ei- value of landed GAF derived from his ther in the EEZ off Alaska or in waters

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of the State of Alaska, by persons hold- Inshore component in the GOA means ing an IFQ permit, but does not include the following three categories of the sablefish harvested in Prince William U.S. groundfish fishery that process Sound or under a State of Alaska lim- pollock harvested in the GOA or Pa- ited entry program. cific cod harvested in the Eastern GOA: IFQ standard ex-vessel value means (1) Shoreside processors. the total U.S. dollar amount of IFQ (2) Vessels less than 125 ft (38.1 m) halibut or IFQ sablefish landings as LOA that hold an inshore processing calculated by multiplying the number endorsement on their Federal fisheries of landed IFQ equivalent pounds plus permit, and that process no more than landed GAF in IFQ equivalent pounds 126 mt per week in round-weight by the appropriate IFQ standard price equivalents of an aggregate amount of determined by the Regional Adminis- pollock and Eastern GOA Pacific cod. trator. (3) Stationary floating processors IFQ standard price means a price, ex- that— pressed in U.S. dollars per IFQ equiva- (i) Hold an inshore processing en- lent pound, for landed IFQ halibut and dorsement on their Federal processor IFQ sablefish determined annually by permit; the Regional Administrator and docu- (ii) Process pollock harvested in a mented in an IFQ standard price list GOA directed fishery at a single GOA published by NMFS. geographic location in Alaska state waters during a fishing year; and/or, Incidental catch or incidental species (iii) Process Pacific cod harvested in means fish caught and retained while the Eastern GOA regulatory area at a targeting on some other species, but single GOA geographic location in does not include discard of fish that Alaska state waters during a fishing were returned to the sea. year. Indictment, for purposes of subpart E Interagency electronic reporting system of this part, means indictment for a (IERS) means an interagency electronic criminal offense. An information or reporting system that allows fishery other filing by competent authority participants to use the Internet or charging a criminal offense must be desktop client software named given the same effect as an indictment. eLandings to enter landings and pro- Individual means a natural person duction data for appropriate distribu- who is not a corporation, partnership, tion to the ADF&G, IPHC, and NMFS association, or other such entity. Alaska Region (see § 679.5(e)). Individual fishing quota (IFQ) means IPHC means International Pacific the annual catch limit of sablefish or Halibut Commission (see part 300 of halibut that may be harvested by a chapter III of this title). person who is lawfully allocated a har- IR/IU means the improved retention/ vest privilege for a specific portion of improved utilization program set out the TAC of sablefish or halibut. at § 679.27. Initial Total Allowable Catch (ITAC) IR/IU species means any groundfish means the tonnage of a TAC for an species that is regulated by a retention Amendment 80 species in a manage- or utilization requirement set out at ment area that is available for appor- § 679.27. tionment to the BSAI trawl limited ac- King crab means red king crab cess sector and the Amendment 80 sec- (Paralithodes camtschatica), blue king tor in a calendar year after deducting crab (P. platypus), brown (or golden) from the TAC the CDQ reserve, the in- king crab (Lithodes aequispina), and cidental catch allowance the Regional scarlet (or deep sea) king crab (Lithodes Administrator determines is required couesi). on an annual basis, as applicable, to ac- Landing means offloading fish. count for projected incidental catch of Legal landing means a landing in an Amendment 80 species by non- compliance with Federal and state Amendment 80 vessels engaged in di- commercial fishing regulations in - rected fishing for groundfish and, for fect at the time of landing. Atka mackerel, the Atka mackerel jig Legal landing of halibut or sablefish allocation. (see § 679.40(a)(3)(v)).

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Length overall (LOA) of a vessel means Logbook means Daily Cumulative the centerline longitudinal distance, Production Logbook (DCPL) or Daily rounded to the nearest foot, measured Fishing Logbook (DFL) required by between: § 679.5. (1) The outside foremost part of the Management area means any district, vessel visible above the waterline, in- regulatory area, subpart, part, or the cluding bulwarks, but excluding entire GOA, BSAI, or Arctic Manage- bowsprits and similar fittings or at- ment Area. tachments, and Manager, with respect to any shore- (2) The outside aftermost part of the side processor, stationary floating vessel visible above the waterline, in- processor, or buying station, means the cluding bulwarks, but excluding rud- individual responsible for the operation ders, outboard motor brackets, and of the processor or buying station. similar fittings or attachments (see Marmot Bay Tanner Crab Protection Figure 6 to this part). Area means a habitat protection area License holder means the person who of the Gulf of Alaska specified in Fig- is named on a currently valid ground- ure 5 to this part that is closed to di- fish license, crab species license, or rected fishing for groundfish with trawl scallop license. gear, except directed fishing for pol- lock by vessels using pelagic trawl License limitation groundfish means gear. target species specified annually pursu- Maximum LOA (MLOA) means: ant to § 679.20(a)(2), except that (1) With respect to the scallop license demersal shelf rockfish east of 140 W. limitation program, the MLOA is equal longitude, sablefish managed under the to the length overall on February 8, IFQ program, sablefish managed under 1999, of the longest vessel that was: the fixed gear sablefish CDQ reserve, (i) Authorized by a Federal or State and pollock allocated to the Aleutian of Alaska Scallop Moratorium Permit Islands directed pollock fishery and to harvest scallops; harvested by vessels 60 ft (18.3 m) LOA (ii) Used by the eligible applicant to or less, are not considered license limi- make legal landings of scallops during tation groundfish. the scallop LLP qualification period, Licensed medical doctor means a per- as specified at § 679.4(g)(2)(iii) of this son who is licensed, certified, and/or part. registered in accordance with applica- (2) With respect to the groundfish and ble Federal, state, or local laws and crab species license limitation program, regulations, and is authorized to con- the LOA of the vessel on June 24, 1992, duct the practice of medicine as de- unless the vessel was less than 125 ft fined by the state in which the person (38.1 m) on June 24, 1992, then 1.2 times resides. the LOA of the vessel on June 24, 1992, Limited Access System Administrative or 125 ft (38.1 m), whichever is less. Fund (LASAF) means the administra- However, if the vessel was under recon- tive account used for depositing cost struction on June 24, 1992, then the recovery fee payments into the U.S. basis for the MLOA will be the LOA of Treasury as described in the Magnu- the vessel on the date that reconstruc- son-Stevens Act under section tion was completed and not June 24, 304(d)(2)(C)(i) and established under 1992. The following exceptions apply re- section 305(h)(5)(B). gardless of how the MLOA was deter- Listed AFA catcher/processor means an mined. AFA catcher/processor permitted to (i) If the vessel’s LOA on June 17, harvest BS pollock under § 679.4(l)(2)(i). 1995, was less than 60 ft (18.3 m), or if LLP license originally assigned to an the vessel was under reconstruction on Amendment 80 vessel means the LLP li- June 17, 1995, and the vessel’s LOA on cense listed in Column C of Table 31 to the date that reconstruction was com- this part that corresponds to the vessel pleted was less than 60 ft (18.3 m), then listed in Column A of Table 31 to this the vessel’s MLOA cannot exceed 59 ft part with the USCG Documentation (18 m). Number listed in Column B of Table 31 (ii) If the vessel’s LOA on June 17, to this part. 1995, was greater than or equal to 60 ft

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(18.3 m) but less than 125 ft (38.1 m), or water surface at which a fishing net is if the vessel was under reconstruction operating. on June 17, 1995, and the vessel’s LOA Net weight (IFQ or CDQ halibut only). on the date that reconstruction was Net weight of IFQ or CDQ halibut completed was greater than or equal to means the weight of a halibut that is 60 ft (18.3 m) but less 125 ft (38.1 m), gutted, head off, and washed or ice and then the vessel’s MLOA cannot exceed slime deducted. 124 ft (37.8 m). Non-allocated or nonspecified species (iii) If the vessel’s LOA on June 17, means those fish species, other than 1995, was 125 ft (38.1 m) or greater, then prohibited species, for which TAC has the vessel’s MLOA is the vessel’s LOA not been specified (e.g., prowfish and on June 17, 1995, or if the vessel was lingcod). under reconstruction on June 17, 1995, Non-IFQ groundfish means ground- and the vessel’s LOA on the date that fish, other than IFQ sablefish. reconstruction was completed was 125 Non-individual entity means a person ft (38.1 m) or greater, then the vessel’s who is not an individual or ‘‘natural’’ MLOA is the vessel’s LOA on the date person; it includes corporations, part- reconstruction was completed. nerships, estates, trusts, joint ven- (iv) The MLOA of an Amendment 80 tures, joint tenancy, and any other LLP license or Amendment 80 LLP/QS type of ‘‘person’’ other than a natural license will be permanently changed to person. 295 ft. (89.9 m) when an Amendment 80 NMFS investigator, for purposes of replacement vessel is listed on the li- subpart E of this part, means a des- cense following the approval of a li- ignee authorized by the Regional Ad- cense transfer application described at ministrator to conduct investigations § 679.4(k)(7). under this section. (v) The MLOA of a groundfish LLP li- NMFS Person Identification Number cense endorsed to catch and process means a unique number assigned by Pacific cod with hook-and-line gear in NMFS to any person who applied for, the BS or AI, or both, and is designated or who has been issued, a certificate, li- in Column B of Table 9 to this part is cense, or permit under any fishery 220 feet (67 m). management program administered by (vi) An AFA vessel is exempt from the Alaska Region for purposes of the the MLOA on an LLP license with a NMFS/Alaska Region Integrated Re- Bering Sea area endorsement or an gional Data System. Aleutian Islands area endorsement Non-allocated secondary species (see when the vessel is used in the BSAI to Rockfish Program species in this sec- harvest or process license limitation tion). groundfish and the LLP license speci- Non-chinook salmon means coho, pink, fies an exemption from the MLOA re- chum or sockeye salmon. striction for the AFA vessel. North Pacific fishery means any com- Maximum retainable amount (MRA) mercial fishery in state or Federal wa- (see § 679.20(e)). ters off Alaska. Modified Gear Trawl Zone means an Northern Bering Sea Research Area area of the Bering Sea subarea speci- means a habitat research area specified fied at Table 51 to this part that is at Table 43 and Figure 17 to this part. closed to directed fishing for ground- Nunivak Island, Etolin Strait, and fish with nonpelagic trawl gear, except Kuskokwim Bay Habitat Conservation by vessels using modified nonpelagic Area means a habitat protection area trawl gear meeting the standards at specified at Table 44 and Figure 21 to § 679.24(f). this part. Mothership means a vessel that re- Observed means observed by one or ceives and processes groundfish from more observers (see subpart E of this other vessels. part). Nearshore Bristol Bay Trawl Closure Observer means any Area of the BSAI (See § 679.22(a)(9) and (1) Individual employed by a per- Figure 12 to this part.) mitted observer provider or a NMFS Net-sounder device means a sensor observer provider for the purpose of used to determine the depth from the serving in the capacity of an observer

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aboard vessels and at shoreside proc- formation in the official LLP record essors or stationary floating processors includes vessel ownership information, under this part; or documented harvests made from ves- (2) NMFS employee deployed at the sels during the qualification periods, direction of the Regional Adminis- and vessel characteristics. The official trator or individual authorized by LLP record is presumed to be correct NMFS, aboard a vessel or at a shore- for the purpose of determining eligi- side processor or stationary floating bility for licenses. An applicant for a processor for the purpose of serving in license under the LLP will have the the capacity of an observer as required burden of proving the validity of infor- for vessels, shoreside processors, or sta- mation submitted in an application tionary floating processors under that is inconsistent with the official § 679.51(a) or (b), or for other purposes LLP record. of conservation and management of Offshore component in the GOA means marine resources as specified by the all vessels not included in the defini- Regional Administrator. tion of ‘‘inshore component in the Observer Program means the adminis- GOA’’ that process pollock harvested trative office of the North Pacific Ob- in the GOA, and/or Pacific cod har- server Program located at the Alaska vested in the Eastern GOA. Fisheries Science Center (See Operate a vessel means for purposes of § 679.51(c)(3) for contact information). VMS that the fishing vessel is: Observer Provider means any person (1) Offloading or processing fish; or commercial enterprise that is grant- (2) In transit to, from, or between the ed a permit by NMFS to provide ob- fishing areas; or server services to vessels, shoreside (3) Fishing or conducting operations processors, or stationary floating proc- in support of fishing. essors for observer coverage credit as Optimum yield means: required in subpart E of this part. (1) With respect to the salmon fish- Official AFA record means the infor- ery, that amount of any species of mation prepared by the Regional Ad- salmon that will provide the greatest ministrator about vessels and proc- overall benefit to the Nation, with par- essors that were used to participate in ticular reference to food production the BSAI pollock fisheries during the and recreational opportunities, as spec- qualifying periods specified in § 679.4(l). ified in the Salmon FMP. Information in the official AFA record (2) With respect to the groundfish and includes vessel ownership information, Arctic fisheries, see § 679.20(a)(1). documented harvests made from ves- Other flatfish (see Table 11 to this sels during AFA qualifying periods, part pursuant to § 679.20(c).) vessel characteristics, and documented Other gear means gear other than au- amounts of pollock processed by pol- thorized fishing gear. lock processors during AFA qualifying Other rockfish (see Tables 10 and 11 to periods. The official AFA record is pre- this part pursuant to § 679.20(c); see sumed to be correct for the purpose of also ‘‘rockfish’’ in this section.) determining eligibility for AFA per- Other species is a category of target mits. An applicant for an AFA permit species for the purpose of MRA and will have the burden of proving correct PSC management that consists of any information submitted in an appli- groundfish species in each management cation that is inconsistent with the of- area. These target species are managed ficial record. as an other species group and identified Official License Limitation Program in Tables 10 and 11 to this part pursu- (LLP) record means the information ant to § 679.20(e). prepared by the Regional Adminis- Parallel groundfish fishery. With re- trator about vessels that were used to spect to subpart E of this part, parallel participate in the groundfish or crab groundfish fishery means a fishery that fisheries during qualified periods for occurs in waters of the State of Alaska the groundfish and crab LLP specified (from 0 to 3 nm) adjacent to the BSAI at § 679.4(k) and in the scallop fisheries or GOA management areas and opens during the qualifying periods for the concurrently with Federal groundfish scallop LLP specified at § 679.4(g). In- fisheries such that groundfish catch is

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deducted from the Federal Total Al- drying, freezing, or rendering into meal lowable Catch. or oil, but does not mean icing, bleed- Permit means documentation grant- ing, heading, or gutting. ing permission to fish and includes ‘‘li- Processor vessel means, unless other- cense’’ as a type of permit. wise restricted, any vessel that has Person means any individual (wheth- been issued a Federal fisheries permit er or not a citizen or national of the and that can be used for processing United States), any corporation, part- groundfish. nership, association, or other non-indi- Product transfer report (PTR) (see vidual entity (whether or not orga- § 679.5(g)). nized, or existing under the laws of any Program Administrator, RAM means state), and any Federal, state, local, or the Program Administrator of Re- foreign government or any entity of stricted Access Management Program, any such aforementioned governments. Alaska Region, NMFS. Personal use fishing means, for pur- Prohibited species means any of the poses of the salmon fishery, fishing species of Pacific salmon other than commercial fishing. (Oncorhynchus spp.), steelhead trout Pollock CDQ fishing means directed (Oncorhynchus mykiss), Pacific halibut fishing for pollock in the BS or AI (Hippoglossus stenolepis), Pacific herring under a pollock allocation to the CDQ (Clupea harengus pallasi), king crab, Program authorized at § 679.31(a) and and Tanner crab (see Table 2b to this accruing pollock catch against a pol- part), caught by a vessel issued an FFP lock CDQ allocation. under § 679.4(b) while fishing for Pollock roe means product consisting groundfish in the BSAI or GOA, unless of pollock eggs, either loose or in sacs retention is authorized by other appli- or skeins. cable laws, including the annual man- Pot catcher/processor means a catcher/ agement measures published in the processor vessel that is named on a FEDERAL REGISTER pursuant to § 300.62 valid LLP license that is noninterim of this title. and transferable, or that is interim and Prohibited species catch (PSC) means subsequently becomes noninterim and any of the species listed in Table 2b to transferable, and that is endorsed for this part. Bering Sea, Aleutian Islands, and/or PRR means standard product recov- Gulf of Alaska catcher/processor fish- ery rate (see Table 3 to this part). ing activity, catcher/processor Pacific PSD Permit means a permit issued by cod, and pot gear. NMFS to an applicant who qualifies as Preponderance of the evidence, for pur- an authorized distributor for purposes poses of subpart E of this part, means of the PSD. proof by information that, compared PSD Program means the Prohibited with that opposing it, leads to the con- Species Donation Program established clusion that the fact at issue is more under § 679.26. probably true than not. PSQ means prohibited species quota Primary community health aide means and is the amount of a PSQ reserve a person who has completed the first of that is allocated to a CDQ group. three levels of community health aide PSQ allocation means a percentage of training offered by the Norton Sound a PSQ reserve specified under § 679.31 Health Corporation at the Nome Hos- that is assigned to a CDQ group. pital, the Kuskokwim Community Col- PSQ reserve means the amount of a lege in Bethel, the Alaska Area Native prohibited species catch limit estab- Health Service in Anchorage, or an- lished under § 679.21 that has been allo- other accredited training center. cated to the CDQ Program under Primary product (see Table 1 to this § 679.21. part). PSQ species means any species or spe- Processing, or to process, means the cies group that has been allocated from preparation of, or to prepare, fish or a PSQ reserve to a CDQ group. crab to render it suitable for human Qualified Person means: consumption, industrial uses, or long- (1) With respect to the IFQ program, see term storage, including but not limited IFQ Management Measures at to cooking, canning, smoking, salting, § 679.40(a)(2).

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(2) With respect to the groundfish and Regional Administrator, for purposes of crab species license limitation program, a this part, means the Administrator, person who was eligible on June 17, Alaska Region, NMFS, as defined at 1995, to document a fishing vessel § 600.10 of this chapter, or a designee. under Chapter 121, Title 46, U.S.C. Registered buyer means the person (3) With respect to the scallop LLP, a identified on a Registered Buyer per- person who was eligible on February 8, mit (see § 679.4(d)(3)). 1999, to document a fishing vessel Registered crab receiver (RCR) means a under Chapter 121, Title 46, U.S.C. person issued an RCR permit, described Quarter, or quarterly reporting period, under 50 CFR part 680, by the Regional means one of four successive 3-month Administrator. periods, which begin at 0001 hours, Regulatory area means any of three A.l.t., on the first day of each quarter, areas of the EEZ in the GOA (see Fig- and end at 2400 hours, A.l.t., on the last ure 3 to this part). day of each quarter, as follows: Reporting area (see Figures 1 and 3 to (1) 1st quarter: January 1 through this part) means: March 31. (1) An area that includes a statistical (2) 2nd quarter: April 1 through June area of the EEZ off Alaska and any ad- 30. jacent waters of the State of Alaska; (2) The reporting areas 300, 400, 550, (3) 3rd quarter: July 1 through Sep- and 690, which do not contain EEZ wa- tember 30. ters off Alaska or Alaska state waters; (4) 4th quarter: October 1 through De- or cember 31. (3) Reporting areas 649 and 659, which Quota share (QS) means a permit, the contain only waters of the State of face amount of which is used as a basis Alaska. for the annual calculation of a person’s Representative (see § 679.5(b)). IFQ. Reprocessed or rehandled product (see Reconstruction means a change in the Table 1 to this part). LOA of the vessel from its original Restricted AFA inshore processor qualifying LOA. means an AFA inshore processor per- Recreational Fishing Quota (RFQ) mitted to harvest pollock under means the pounds of halibut issued an- § 679.4(l)(5)(i)(B). nually to a Recreational Quota Entity Retain on board (see §§ 600.10 and 679.27 to supplement the annual guided sport of this chapter.) catch limit under the catch sharing Rockfish means: plan for IFQ regulatory areas 2C and (1) For the Gulf of Alaska: Any species 3A pursuant to § 300.65(c) of this title. of the genera Sebastes or Sebastolobus Recreational Quota Entity (RQE) except Sebastes ciliatus (dark rockfish); means a non-profit entity incorporated Sebastes melanops (black rockfish); and under the laws of the State of Alaska, Sebastes mystinus (blue rockfish). recognized as exempt from Federal in- (2) For the Bering Sea and Aleutian Is- come tax by the Internal Revenue lands Management Area: Any species of Service, and authorized by NMFS to the genera Sebastes or Sebastolobus ex- participate in the Halibut IFQ Program cept Sebastes ciliatus (dark rockfish). to hold commercial halibut quota share Rockfish (Catch Monitoring Control to supplement the annual guided sport Plan) CMCP specialist, for purposes of catch limit in IFQ regulatory areas 2C subpart H to this part, means a des- and 3A under the catch sharing plan ignee authorized by the Regional Ad- pursuant to § 300.65(c) of this title. ministrator to monitor compliance NMFS will authorize only one RQE at with catch monitoring and control a time. plans or for other purposes of conserva- Red King Crab Savings Area (RKCSA) tion and management of marine re- of the BSAI (see § 679.22(a)(3) and Figure sources as specified by the Regional 11 to this part). Administrator. Red King Crab Savings Subarea Rockfish cooperative means a group of (RKCSS) of the BSAI (see rockfish eligible harvesters who have § 679.21(e)(3)(ii)(B) and Figure 11 to this chosen to form a rockfish cooperative part). under the requirements in § 679.81 in

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order to combine and harvest fish col- regulatory area that is recorded on a lectively under a CQ permit issued by weekly production report based on har- NMFS. vests during the directed fishing season Rockfish CQ (See CQ) for that rockfish primary species as es- Rockfish CQ equivalent pound(s) tablished in Table 28a to this part. means the weight recorded in pounds, Rockfish processor means a shoreside for a rockfish CQ landing and cal- processor with a Federal processor per- culated as round weight. mit that receives groundfish harvested Rockfish eligible harvester means a under the authority of a CQ permit. person who is permitted by NMFS to Rockfish Program means the program hold rockfish QS. implemented under subpart G to this Rockfish entry level harvester means a part to manage Rockfish Program fish- person who is harvesting fish in the eries. rockfish entry level longline fishery. Rockfish Program fisheries means one Rockfish entry level longline fishery of following fisheries under the Rock- means the longline gear fisheries in the fish Program: Central GOA conducted under the (1) A rockfish cooperative in the Rockfish Program by rockfish entry catcher/processor sector; level harvesters. (2) A rockfish cooperative in the Rockfish entry level trawl fishery catcher vessel sector; and means the trawl gear fisheries in the (3) The rockfish entry level longline Central GOA conducted under the fishery. Rockfish Program by rockfish entry Rockfish Program official record means level harvesters during 2007 through information used by NMFS necessary 2011 only. to determine eligibility to participate means that Rockfish fee liability in the Rockfish Program and assign amount of money for Rockfish Pro- specific harvest privileges or limits to gram cost recovery, in U.S. dollars, Rockfish Program participants. owed to NMFS by a CQ permit holder Rockfish Program species means the as determined by multiplying the ap- following species that are managed propriate standard ex-vessel value of under the authority of the Rockfish his or her rockfish landing(s) by the ap- Program: propriate rockfish fee percentage. (1) means Rockfish fee percentage means that Rockfish primary species positive number no greater than 3 per- northern rockfish, Pacific ocean perch, cent (0.03) determined by the Regional and pelagic shelf rockfish in the Cen- Administrator and established for use tral GOA regulatory area. in calculating the rockfish fee liability (2) Rockfish secondary species means for a CQ permit holder. the following species in the Central Rockfish halibut PSC means the GOA regulatory area: amount of halibut PSC that may be (i) Sablefish not allocated to the IFQ used by a rockfish cooperative in the Program; Central GOA as assigned on a CQ per- (ii) Thornyhead rockfish; mit. (iii) Pacific cod for the catcher vessel Rockfish legal landings means ground- sector; fish caught and retained in compliance (iv) Rougheye rockfish for the catch- with state and Federal regulations in er/processor sector; and effect at that time unless harvested (v) Shortraker rockfish for the catch- and then processed as meal, and— er/processor sector. (1) For catcher vessels: The harvest of (3) Rockfish non-allocated species groundfish from the Central GOA regu- means all groundfish species other latory area that is offloaded and re- than Rockfish Program species. corded on a State of Alaska fish ticket Rockfish quota share (QS) means a during the directed fishing season for permit expressed in numerical units, that rockfish primary species as estab- the amount of which is based on rock- lished in Tables 28a and 28b to this fish legal landings for purposes of part. qualifying for the Rockfish Program (2) For catcher/processors: The harvest and that are assigned to an LLP li- of groundfish from the Central GOA cense.

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Rockfish QS pool means the sum of in Table 3 to this part, or, if not listed, rockfish QS units established for the the weight of groundfish calculated by Rockfish Program fishery based on the dividing the weight of a primary prod- Rockfish Program official record. uct by the standard PRR as determined Rockfish QS unit means a measure of using the best available evidence on a QS based on rockfish legal landings. case-by-case basis. Rockfish sector means: Sablefish (black cod) means (1) Catcher/processor sector: Those Anoplopoma fimbria. (See also IFQ sable- rockfish eligible harvesters who hold fish; sablefish as a prohibited species at an LLP license with a catcher/proc- § 679.21(a)(5); and sablefish as a prohib- essor designation and who are eligible ited species at § 679.24(c)(2)(ii)). to receive rockfish QS that may result Sablefish CDQ fishing means fishing in CQ that may be harvested and proc- using fixed gear, retaining sablefish essed at sea. CDQ, and that results in the retained (2) Catcher vessel sector: Those rock- catch of sablefish CDQ plus sablefish fish eligible harvesters who hold an IFQ being greater than the retained LLP license who are eligible to receive catch of any other groundfish species rockfish QS that may result in CQ that or species group. may not be harvested and processed at sea. Salmon means the following species: Rockfish sideboard fisheries means (1) Chinook (or king) salmon fisheries that are assigned a rockfish (Oncorhynchus tshawytscha); sideboard limit that may be harvested (2) Coho (or silver) salmon (O. by participants in the Rockfish Pro- kisutch); gram. (3) Pink (or humpback) salmon (O. Rockfish sideboard limit means: gorbuscha); (1) The maximum amount of north- (4) Sockeye (or red) salmon (O. ern rockfish, Pacific ocean perch, and nerka); and pelagic shelf rockfish that may be har- (5) Chum (or dog) salmon (O. keta). vested in the Rockfish Program as Salmon bycatch incentive plan agree- specified in the sideboard provisions ment (IPA) is a voluntary private con- under § 679.82(e), as applicable; and tract, approved by NMFS under (2) The maximum amount of halibut § 679.21(f)(12), that establishes incen- PSC that may be used in the Rockfish tives for participants to avoid Chinook Program as specified in the sideboard salmon and chum salmon bycatch provisions under § 679.82(e), as applica- while directed fishing for pollock in ble. the BS. Rockfish sideboard ratio means a por- Salmon Management Area means those tion of a rockfish sideboard limit for a waters of the EEZ off Alaska (see Fig- groundfish fishery that is assigned as ure 23 to part 679) under the authority specified under § 679.82(e). of the Salmon FMP. The Salmon Man- Rockfish standard ex-vessel value agement Area is divided into a West means the total U.S. dollar amount of rockfish CQ groundfish landings as cal- Area and an East Area with the border culated by multiplying the number of between the two at the longitude of ° ′ landed rockfish CQ equivalent pounds Cape Suckling (143 53.6 W): by the appropriate rockfish standard (1) The East Area means the area of price determined by the Regional Ad- the EEZ in the Gulf of Alaska east of ministrator. the longitude of Cape Suckling Rockfish standard price means a price, (143°53.6′ W). expressed in U.S. dollars per rockfish (2) The West Area means the area of CQ equivalent pound, for landed rock- the EEZ off Alaska in the Bering Sea, fish CQ groundfish determined annu- Chukchi Sea, Beaufort Sea, and the ally by the Regional Administrator. Gulf of Alaska west of the longitude of Round-weight equivalent means the Cape Suckling (143°53.6′ W) but excludes weight of groundfish calculated by di- the Cook Inlet Area, the Prince Wil- viding the weight of the primary prod- liam Sound Area, and the Alaska Pe- uct made from that groundfish by the ninsula Area, shown in Figure 23 and PRR for that primary product as listed described as:

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(i) the Cook Inlet Area which means Shoreside processor electronic logbook the EEZ waters north of a line at report (SPELR) (discontinued, see defi- 59°46.15′ N; nition of ‘‘eLandings’’ under this sec- (ii) the Prince William Sound Area tion). which means the EEZ waters shore- Shucking machine means any mechan- ward of a line that starts at 60°16.8′ N ical device that automatically removes and 146°15.24′ W and extends southeast the meat or the adductor muscle from to 59°42.66′ N and 144°36.20′ W and a line the shell. that starts at 59°43.28′ N and 144°31.50′ Sideboard ratio for purposes of the W and extends northeast to 59°56.4′ N Rockfish Program means a portion of a and 143°53.6′ W. sideboard limit for a groundfish fishery (iii) the Alaska Peninsula Area which that is assigned to the catcher vessel means the EEZ waters shoreward of a sector or catcher/processor sector line at 54°22.5′ N from 164°27.1′ W to based on the catch history of vessels in 163°1.2′ W and a line at 162°24.05′ W from that sector. 54°30.1′ N to 54°27.75′ N. Single geographic location (see Scallop(s) means any species of the § 679.4(l)(5)(iii)). family Pectinidae, including, without Sitka Pinnacles Marine Reserve means limitation, weathervane scallops an area totaling 2.5 square nm in the (Patinopectin caurinus). GOA, off Cape Edgecumbe, in Statis- Scallop license means a license issued tical Area 650. See Figure 18 to this by NMFS that authorizes the license part. holder to catch and retain scallops pur- Southeast Outside District of the GOA suant to the conditions specified on the means that part of the Eastern GOA license. Regulatory Area contained in Statis- Scallop Registration Area H (Cook tical Area 650 (see Figure 3 to this Inlet) means all Federal waters of the part). GOA west of the longitude of Cape Squids (see Table 2c to this part and Fairfield (148°50′ W. long.) and north of § 679.20(i)). the latitude of Cape Douglas (58°52′ N. St. Lawrence Island Habitat Conserva- lat.). tion Area means a habitat protection Seabird means those bird species that area specified at Table 45 to this part. habitually obtain their food from the sea below the low water mark. St. Matthew Island Habitat Conserva- Seabird avoidance gear (see §§ 679.24(e), tion Area means a habitat protection 679.42(b)(2), and Table 19 to this part). area specified at Table 46 to this part. Set means a string of longline gear, a State means the State of Alaska. string of pots, or a group of pots with Stationary floating processor (SFP) individual pots deployed and retrieved means: in the water in a similar location with (1) A vessel of the United States oper- similar soak time. In the case of pot ating as a processor in Alaska State gear, when the pots in a string are waters that remains anchored or other- hauled more than once in the same po- wise remains stationary in a single - sition, a new set is created each time ographic location while receiving or the string is retrieved and re-deployed. processing groundfish harvested in the A set includes a test set, unsuccessful GOA or BSAI; and harvest, or when gear is not working (2) In the Western and Central GOA and is pulled in, even if no fish are har- Federal reporting areas 610, 620, or 630, vested. a vessel that has not operated as a Shallow water flatfish (see Table 10 to catcher/processor, CQE floating proc- this part pursuant to § 679.20(c).) essor, or mothership in the GOA during Shoreside processor means any person the same fishing year; however, an SFP or vessel that receives, purchases, or can operate as catcher/processor or arranges to purchase, unprocessed mothership in the BSAI and an SFP in groundfish, except catcher/processors, the Western and Central GOA during motherships, buying stations, tender the same fishing year. vessels, restaurants, or persons receiv- Statistical area means the part of any ing groundfish for personal consump- reporting area defined in Figures 1 and tion or bait. 3 to this part, contained in the EEZ.

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Stretched mesh size means the dis- Ten percent or greater direct or indirect tance between opposite knots of a four- ownership interest for purposes of the sided mesh when opposite knots are Amendment 80 Program means a rela- pulled tautly to remove slack. tionship between two or more persons Subsistence fishing for purposes of in which one directly or indirectly fishing in the Arctic Management Area owns or controls a 10 percent or greater means the harvest of Arctic fish and interest in, or otherwise controls, an- Pacific salmon for non-commercial, other person; or a third person which long-term, customary and traditional directly or indirectly owns or controls, use necessary to maintain the life of or otherwise controls a 10 percent or the taker or those who depend upon the greater interest in both. For the pur- taker to provide them with such sub- pose of this definition, the following sistence. terms are further defined: Superexclusive registration area means (1) Person. A person is a person as de- any State of Alaska designated reg- fined in this section. istration area within the Bering Sea (2) Indirect interest. An indirect inter- and Aleutian Islands Area where, if a est is one that passes through one or vessel is registered to fish for crab, more intermediate persons. A person’s that vessel is prohibited from fishing percentage of indirect interest in a sec- for crab in any other registration area ond person is equal to the person’s per- during that registration year. centage of direct interest in an inter- Support vessel means any vessel that mediate person multiplied by the inter- is used in support of other vessels regu- mediate person’s direct or indirect in- lated under this part, including, but terest in the second person. not limited to, supplying a fishing ves- (3) Controls a 10 percent or greater in- sel with water, fuel, provisions, fishing terest. A person controls a 10 percent or equipment, fish processing equipment greater interest in a second person if or other supplies, or transporting proc- the first person: essed fish. The term ‘‘support vessel’’ (i) Controls a 10 percent ownership does not include processor vessels or share of the second person; or tender vessels. (ii) Controls 10 percent or more of the voting or controlling stock of the sec- Suspending official, for purposes of ond person. subpart E of this part, means a des- (4) Otherwise controls. A person other- ignee authorized by the Regional Ad- wise controls another person, if the ministrator to impose suspension. first person has: as used in § 679.53, means Suspension, (i) The right to direct, or does direct, action taken by a suspending official the business of the other person; under § 679.53(c) to suspend certifi- (ii) The right in the ordinary course cation of observers or observer pro- of business to limit the actions of, or viders temporarily until a final deci- replace, or does limit or replace, the sion is made with respect to decerti- chief executive officer, a majority of fication. the board of directors, any general Tagged halibut or sablefish (see partner, or any person serving in a § 679.40(g)). management capacity of the other per- Tanner crab means Chionoecetes spe- son; cies or hybrids of these species. (iii) The right to direct, or does di- Target species are those species or spe- rect, the Rockfish Program fishery cies groups for which a TAC is specified processing activities of the other per- pursuant to § 679.20(a)(2). son; Tax-exempt organization means an or- (iv) The right to restrict, or does re- ganization that received a determina- strict, the day-to-day business activi- tion letter from the Internal Revenue ties and management policies of the Service recognizing tax exemption other person through loan covenants; under 26 CFR part 1 (§§ 1.501 to 1.640). (v) The right to derive, or does de- Tender vessel means a vessel that is rive, either directly, or through a mi- used to transport unprocessed fish or nority shareholder or partner, and in shellfish received from another vessel favor of the other person, a signifi- to an associated processor. cantly disproportionate amount of the

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economic benefit from the processing definition is considered ‘‘presorted’’ of fish by that other person; whether or not sorting occurs. (vi) The right to control, or does con- U.S. citizen means: trol, the management of, or to be a (1) General usage. Any individual who controlling factor in, the other person; is a citizen of the United States. (vii) The right to cause, or does (2) IFQ program. (i) Any individual cause, the purchase or sale of fish proc- who is a citizen of the United States at essed by the other person; the time of application for QS; or (viii) Absorbs all of the costs and nor- (ii) Any corporation, partnership, as- mal business risks associated with sociation, or other non-individual enti- ownership and operation of the other ty that would have qualified to docu- person; or ment a fishing vessel as a vessel of the (ix) Has the ability through any United States during the QS qualifying other means whatsoever to control the years of 1988, 1989, and 1990. other person. U.S.-Russian Boundary means the sea- Transfer means: ward boundary of Russian waters as de- (1) Groundfish fisheries of the GOA and fined in Figure 1 to this part. BSAI. Any loading, offloading, ship- User means, for purposes of IERS and ment or receipt of any IFQ sablefish or its components including eLandings other groundfish product by a and tLandings, an individual represent- mothership, catcher/processor, shore- ative of a Registered Buyer; a Reg- side processor, or stationary floating istered Crab Receiver; a mothership or processor, including quantities trans- catcher/processor that is required to ferred inside or outside the EEZ, with- have a Federal Fisheries Permit (FFP) in any state’s territorial waters, within under § 679.4; a shoreside processor or the internal waters of any state, at any SFP and mothership that receives shoreside processor, stationary floating groundfish from vessels issued an FFP processor, or at any offsite meal reduc- under § 679.4; any shoreside processor or tion plant. SFP that is required to have a Federal (2) IFQ halibut and CDQ halibut fish- processor permit under § 679.4; and his eries. Any loading, offloading, or ship- or her designee(s). ment of any IFQ halibut or CDQ hal- User identification (UserID), for pur- ibut product including quantities poses of IERS and eLandings, means transferred inside or outside the EEZ, the string of letters and/or numbers within any state’s territorial waters, that identifies the individual and gives within the internal waters of any state, him or her authorization to view and at any shoreside processor, stationary submit reports for specific operations floating processor, or at any offsite or to otherwise use eLandings. To fa- meal reduction plant. cilitate the management of Users and Trawl test areas (see Figure 7 to this privileges and to provide for data secu- part and § 679.24(d)). rity, a separate UserID is issued to Unlisted AFA catcher/processor means each individual. an AFA catcher/processor permitted to Vessel Activity Report (VAR) (see harvest BS pollock under § 679.4(k)). § 679.4(l)(2)(ii). Vessel length category means the Unrestricted AFA inshore processor length category of a vessel, based on means an AFA inshore processor per- the assigned MLOA, used to determine mitted to harvest pollock under eligibility. § 679.4(l)(5)(i)(A). Vessel Monitoring Plan (VMP) means Unsorted codend is a codend of the document that describes how fish- groundfish that is not brought on board ing operations on the vessel will be a catcher vessel and that is delivered conducted and how the EM system and to a mothership, shoreside processor, associated equipment will be config- or stationary floating processor with- ured to meet the data collection objec- out the potential for sorting. No other tives and purpose of the EM program. instance of catcher vessel harvest is VMPs are required under § 679.51(f). considered an ‘‘unsorted codend.’’ All Vessel operations category (see other catch that does not meet this § 679.5(b)(3)).

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Walrus Protection Areas (see ‘‘Intent to Operate’’ and ‘‘Fish Tick- § 679.22(a)(4)). ets.’’ Week-ending date means the last day (c) Halibut. Additional regulations of the weekly reporting period which governing the conservation and man- ends on Saturday at 2400 hours, A.l.t., agement of halibut are set forth in sub- except during the last week of each cal- part E of part 300 of chapter III of this endar year, when it ends at 2400 hours, title. A.l.t., December 31. (d) King and Tanner crabs. Additional Weekly production report (WPR) is no longer required (see § 679.5(e)(9) and regulations governing conservation and (10)). management of king crabs and Tanner Weekly reporting period means a time crabs in the Bering Sea and Aleutian period that begins at 0001 hours, A.l.t., Islands Area are contained in 50 CFR Sunday morning (except during the part 680 and in Alaska Statutes at A.S. first week of each year, when it starts 16 and Alaska Administrative Code at 5 on January 1) and ends at 2400 hours, AAC Chapters 34, 35, and 39. A.l.t., the following Saturday night (e) Incidental catch of marine mammals. (except during the last week of each Regulations governing exemption per- year, when it ends on December 31). mits and the recordkeeping and report- West Yakutat District of the GOA ing of the incidental take of marine means that part of the Eastern GOA mammals are set forth in § 216.24 and Regulatory Area contained in Statis- part 229 of this title. tical Area 640 (see Figure 3 to this (f) Domestic fishing for salmon. Man- part). agement of the salmon commercial Western Aleutian District means that troll fishery and sport fishery in the part of the Aleutian Islands Subarea East Area of the Salmon Management contained in Statistical Area 543 (see Area, defined at § 679.2, is delegated to Figure 1 to this part). Western GOA Regulatory Area means the State of Alaska. that portion of the GOA EEZ that is (g) Scallops. Additional regulations contained in Statistical Area 610 (see governing conservation and manage- Figure 3 to this part). ment of scallops off Alaska are con- Wing tip means the point where adja- tained in Alaska Statutes A.S. 16 and cent breast lines intersect or where a Alaska Administrative Code at 5 AAC breast line intersects with the fishing Chapter 38. line. [61 FR 31230, June 19, 1996, as amended at 61 [61 FR 31230, June 19, 1996] FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 679.2, see the List of CFR July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR Sections Affected, which appears in the 877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005; 77 Finding Aids section of the printed volume FR 75587, Dec. 21, 2012] and at www.govinfo.gov. § 679.4 Permits. § 679.3 Relation to other laws. (a) Requirements. Only persons who (a) Foreign fishing for groundfish. Reg- are U.S. citizens are authorized to re- ulations governing U.S. nationals fish- ceive or hold permits under this sec- ing in the Russian fisheries are set tion, with the exception that an IFQ forth in part 300 of chapter III of this hired master permit or a CDQ hired title. master permit need not be held by a (b) Domestic fishing for groundfish. (1) U.S. citizen. The conservation and management of (1) What permits are available? Various groundfish in waters of the territorial types of permits are issued for pro- sea and internal waters of the State of grams codified at 50 CFR parts 300 and Alaska are governed by the Alaska Ad- ministrative Code at 5 AAC Chapter 28 679. These permits are listed in the fol- and by the Alaska Statutes at Title 16. lowing table. The date of effectiveness (2) Alaska Administrative Code (5 for each permit is given along with cer- AAC 39.130) governs reporting and per- tain reference paragraphs for further mitting requirements using ADF&G information.

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Permit is in effect from issue date If program permit or card type is: through the end of: For more information, see . . .

(i) IFQ: ...... (A) Registered buyer ...... Until expiration date shown on per- Paragraph (d)(3)(ii) of this section mit. (B) Halibut & sablefish permits ...... Specified fishing year ...... Paragraph (d)(1) of this section (C) Halibut & sablefish hired master permits ...... Specified fishing year ...... Paragraph (d)(2) of this section (ii) CDQ Halibut ...... (A) Halibut permit ...... Specified fishing year ...... Paragraph (e) of this section (B) Halibut hired master permit ...... Specified fishing year ...... Paragraph (e) of this section (iii) AFA: (A) Catcher/processor ...... Indefinite unless permit is revoked Paragraph (l) of this section after vessel is replaced or permit is suspended after vessel is lost. (B) Catcher vessel ...... Indefinite unless permit is revoked Paragraph (l) of this section after vessel is replaced or re- moved, or permit is suspended after vessel is lost. (C)Mothership ...... Indefinite unless permit is revoked Paragraph (l) of this section after vessel is replaced or permit is suspended after vessel is lost. (D) Inshore processor ...... Indefinite ...... Paragraph (l) of this section (E) Inshore cooperative ...... Calendar year ...... Paragraph (l) of this section (iv) Groundfish: (A) Federal fisheries ...... Until expiration date shown on per- Paragraph (b) of this section mit. (B) Federal processor ...... Until expiration date shown on per- Paragraph (f) of this section mit. (v) [Reserved] ...... (vi) High Seas Fishing Compliance Act (HSFCA) ...... 5 years ...... § 300.10 of this title (vii) License Limitation Program (LLP): (A) Groundfish license ...... Specified fishing year or interim (ac- Paragraph (k) of this section tive until further notice). (B) Crab license ...... Specified fishing year or interim (ac- Paragraph (k) of this section tive until further notice). (C) Scallop license ...... Indefinite ...... Paragraph (g) of this section (viii) Exempted fisheries ...... 1 year or less ...... § 679.6 (ix) Research ...... 1 year or less ...... § 600.745(a) of this chapter (x) Prohibited species donation program: (A) Salmon ...... 3 years ...... § 679.26 (B) Halibut ...... 3 years ...... § 679.26 (xi) Special Subsistence Permits: (A) Community Harvest Permit ...... 1 year ...... § 300.65 of this title (B) Ceremonial or Educational Permit ...... 30 days ...... § 300.65 of this title (xii) Rockfish Program: (A) Rockfish QS ...... Indefinite ...... § 679.80(a). (B) CQ ...... Until expiration date shown on per- Paragraph (n) of this section. mit. (xiii) Amendment 80 Program: (A) Amendment 80 QS permit ...... Indefinite ...... § 679.90(b). (B) CQ permit ...... Specified fishing year ...... § 679.91(b). (C) Amendment 80 limited access fishery ...... Specified fishing year ...... § 679.91(b). (xiv) Crab Rationalization Program permits see § 680.4 of this chapter ...... § 680.4 of this chapter (A) Crab Quota Share permit ...... Indefinite ...... § 680.4(b) of this chapter (B) Crab Processor Quota Share permit ...... Indefinite ...... § 680.4(c) of this chapter (C) Crab Individual Fishing Quota (IFQ) permit .. Specified fishing year ...... § 680.4(d) of this chapter (D) Crab Individual Processor Quota (IPQ) per- Specified fishing year ...... § 680.4(e) of this chapter mit. (E) Crab IFQ hired master permit ...... Specified fishing year ...... § 680.4(g) of this chapter (F) Registered Crab receiver permit ...... Specified fishing year ...... § 680.4(i) of this chapter (G) Federal crab vessel permit ...... Specified fishing year ...... § 680.4(k) of this chapter (H) Crab harvesting cooperative IFQ permit ...... Specified fishing year ...... § 680.21(b) of this chapter (xv) Guided sport halibut fishery permits: (A) Charter halibut permit ...... Indefinite ...... § 300.67 of this title. (B) Community charter halibut permit ...... Indefinite ...... § 300.67 of this title. (C) Military charter halibut permit ...... Indefinite ...... § 300.67 of this title. (D) Guided Angler Fish (GAF) permit ...... Until expiration date shown on per- § 300.65 of this title. mit.

(2) Permit and logbook required by par- types of permits issued, refer to § 679.5 ticipant and fishery. For the various

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for recordkeeping and reporting re- Amendment to the U.S. Constitution. quirements. For subsistence and GAF Rather, such quota shares, permits, or permits, refer to § 300.65 of this title for licenses represent only a harvesting recordkeeping and reporting require- privilege that may be revoked or ments. amended subject to the requirements of (3) Permit application. (i) Obtain and the Magnuson-Stevens Act and other submit anapplication. A person may ob- applicable law. tain an application for a new permit or (9) Permit surrender. (i) The Regional for renewal or revision of an existing Administrator will recognize the vol- permit for any of the permits under untary surrender of a permit issued in this section and must submit forms to this section, if a permit may be surren- NMFS as instructed in application in- dered and if it is submitted by the per- structions. With appropriate software, son named on the permit, owner of all permit applications may be com- record, or authorized representative. pleted online and printed from the (ii) Submit the original permit, ex- Alaska Region website at http:// cept for an FFP or an FPP, to NMFS, alaskafisheries.noaa.gov. P.O. Box 21668, Juneau, AK 99802. For (ii) Deficient application. Upon receipt surrender of an FFP and FPP, respec- of an incomplete or improperly com- tively, refer to paragraphs (b)(3)(ii) and pleted permit application, the Program (f)(3)(ii) of this section. Administrator, RAM, will notify the (iii) Objective written evidence is applicant of the deficiency in the per- considered proof of a timely applica- mit application. If the applicant fails tion. The responsibility remains with to correct the deficiency, the permit the sender to prove when the applica- will not be issued. No permit will be tion to amend or to surrender a permit issued to an applicant until a complete was received by NMFS (i.e., by certified application is received. mail or other method that provides (iii) Separate permit. The operator, written evidence that NMFS Alaska manager, Registered Buyer, or Reg- Region received it). istered Crab Receiver must obtain a (iv) For applications delivered by separate permit for each applicant, fa- hand delivery or carrier only, the re- cility, or vessel, as appropriate to each ceiving date of signature by NMFS Federal permit in this section. staff is the date the application was re- (iv) The information requested on the ceived. If the application is submitted application must be typed or printed by fax or mail, the receiving date of legibly. the application is the date stamped re- (v) All permits are issued free of ceived by NMFS. charge. (b) Federal fisheries permit (FFP)—(1) (4) [Reserved] Requirements. (i) No vessel of the (5) Alteration. No person may alter, United States may be used to retain erase, mutilate, or forge any permit or groundfish in the GOA or BSAI or en- document issued under this section. gage in any fishery in the GOA or BSAI Any such permit or document that is that requires retention of groundfish, intentionally altered, erased, muti- unless the owner or authorized rep- lated, or forged is invalid. resentative first obtains an FFP for (6) Disclosure. NMFS will maintain a the vessel, issued under this part. An list of permitted processors that may FFP is issued without charge. Only be disclosed for public inspection. persons who are U.S. citizens are au- (7) Sanctions and denials. Procedures thorized to receive or hold an FFP. governing sanctions and denials are (ii) Each vessel within the GOA or found at subpart D of 15 CFR part 904. BSAI that retains groundfish must Such procedures are required for en- have a legible copy of a valid FFP on forcement purposes, not administrative board at all times. purposes. (2) Vessel operations categories. An (8) Harvesting privilege. Quota shares, FFP authorizes a vessel owner or au- permits, or licenses issued pursuant to thorized representative to deploy a ves- this part are neither a right to the re- sel to conduct operations in the GOA source nor any interest that is subject or BSAI under the following categories: to the ‘‘takings’’ provision of the Fifth Catcher vessel, catcher/processor,

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mothership, tender vessel, or support for and received an FFP, must notify vessel. A vessel may not be operated in NMFS of any change in the permit in- a category other than as specified on formation by submitting an FFP appli- the FFP, except that a catcher vessel, cation found at the NMFS Web site at catcher/processor, mothership, or ten- http://alaskafisheries.noaa.gov. The der vessel may be operated as a support owner or authorized representative vessel. must submit the application form as (3) Duration—(i) Length of permit effec- instructed on the form. Except as pro- tiveness. An FFP is in effect from the vided under paragraphs (b)(3)(iii)(B) effective date through the expiration and (C) of this section, upon receipt date, unless it is revoked, suspended, and approval of an application form for surrendered in accordance with para- permit amendment, NMFS will issue graph (a)(9) of this section, or modified an amended FFP. under § 600.735 or § 600.740 of this chap- (B) In the BSAI, NMFS will not ap- ter. prove an application to amend an FFP (ii) Surrendered permit—(A) An FFP to remove a catcher/processor vessel may be voluntarily surrendered in ac- operation endorsement, pot gear type cordance with paragraph (a)(9) of this endorsement, hook-and-line gear type section. Except as provided under para- endorsement, or BSAI area endorse- graphs (b)(3)(ii)(B) and (C) of this sec- ment from an FFP that has been issued tion, if surrendered, an FFP may be re- with endorsements for catcher/proc- issued in the same fishing year in essor operation type, pot or hook-and- which it was surrendered. line gear type, and the BSAI area. (B) For the BSAI, NMFS will not re- (C) In the GOA, NMFS will not ap- issue a surrendered FFP to the owner prove an application to amend an FFP or authorized representative of a vessel to remove endorsements for catcher/ named on an FFP that has been issued processor operation type, catcher ves- with the following combination of en- sel operation type, trawl gear type, dorsements: Catcher/processor vessel hook-and-line gear type, pot gear type, operation type, pot and/or hook-and- or jig gear type, and the GOA area. line gear type, and the BSAI area, until (D) If the application for an amended after the expiration date of the surren- FFP required under this section des- dered FFP. ignates a change or addition of a vessel (C) For the GOA, NMFS will not re- operations category or any other en- issue a surrendered FFP to the owner dorsement, a legible copy of the valid, or authorized representative of a vessel amended FFP must be on board the named on an FFP that has been issued vessel before the new or modified type a GOA area endorsement and any com- of operation begins. bination of endorsements for catcher/ (E) Selections for species endorse- processor operation type, catcher ves- ments will remain valid until an FFP sel operation type, trawl gear type, is amended to remove those endorse- hook-and-line gear type, pot gear type, ments or the FFP with these endorse- and/or jig gear type, until after the ex- ments is surrendered or revoked. piration date of the surrendered FFP. (4) Submittal of application. NMFS will (D) An owner or authorized rep- process a request for an FFP provided resentative, who applied for and re- that the application form contains the ceived an FFP, must notify NMFS of information specified on the form, with the intention to surrender the FFP by all required fields accurately com- submitting an FFP application found pleted and all required documentation at the NMFS Web site at http:// attached. This application form must www.alaskafisheries.noaa.gov and indi- be submitted to NMFS using the meth- cating on the application that sur- ods described on the form. The vessel render of the permit is requested. Upon owner must sign and date the applica- receipt and processing of an FFP sur- tion form certifying that all informa- render application, NMFS will with- tion is true, correct, and complete. If draw the FFP from active status in the the owner is not an individual, the au- FFP data bases. thorized representative must sign and (iii) Amended permit—(A) An owner or date the application form. An applica- authorized representative who applied tion form for an FFP will be provided

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by NMFS or is available from NMFS paragraph (a)(9) of this section, or Alaska Region Web site at http:// modified under 15 CFR part 904. alaskafisheries.noaa.gov. The acceptable (ii) A legible copy of any IFQ permit submittal methods will be described on that specifies the IFQ regulatory area the application form. and vessel length overall from which (5) Issuance. (i) Except as provided in IFQ halibut or IFQ sablefish may be subpart D of 15 CFR part 904, upon re- harvested by the IFQ permit holder ceipt of a properly completed permit must be carried on board the vessel application, the Regional Adminis- used by the permitted person to har- trator will issue an FFP required by vest IFQ halibut or IFQ sablefish at all this paragraph (b). times that such fish are retained on (ii) The Regional Administrator will board. send an FFP with the appropriate (iii) An IFQ permit may be volun- logbooks to the owner or authorized tarily surrendered in accordance with representative, as provided under paragraph (a)(9) of this section. An an- § 679.5. nual IFQ permit will not be reissued in (iii) NMFS will reissue an FFP to the the same fishing year in which it was owner or authorized representative surrendered, but a new annual IFQ per- who holds an FFP issued for a vessel if mit may be issued to the quota share holder of record in a subsequent fishing that vessel is subject to sideboard pro- year. visions as described under § 679.82(d) (iv) An RFQ permit account identi- through (f). fies the amount of RFQ authorized for (iv) NMFS will reissue an FFP to the use by charter vessel anglers in Area owner or authorized representative 2C or Area 3A. The number of pounds of who holds an FFP issued to an Amend- RFQ allocated to the RFQ permit ac- ment 80 vessel. count will be added to the annual guid- (6) Transfer. An FFP issued under ed sport catch limit under the catch this paragraph (b) is not transferable sharing plan (described at 50 CFR or assignable and is valid only for the 300.65(c)) for the appropriate IFQ regu- vessel for which it is issued. latory area, Area 2C or Area 3A. (7) Inspection. A legible copy of a (2) IFQ hired master permit. (i) An IFQ valid FFP issued under this paragraph hired master permit authorizes the in- (b) must be carried on board the vessel dividual identified on the IFQ hired at all times operations are conducted master permit to land IFQ halibut or under this type of permit and must be IFQ sablefish for debit against the presented for inspection upon the re- specified IFQ permit until the IFQ quest of any authorized officer. hired master permit expires, or is re- (c) [Reserved] voked, suspended, surrendered in ac- (d) IFQ permits, IFQ hired master per- cordance with paragraph (a)(9) of this mits, and Registered Buyer permits. The section, or modified under 15 CFR part permits described in this section are 904, or cancelled on request of the IFQ required in addition to the permit and permit holder. licensing requirements prescribed in (ii) A legible copy of an IFQ hired the annual management measures pub- master permit issued to an eligible in- lished in the FEDERAL REGISTER pursu- dividual in accordance with § 679.42(i) ant to § 300.62 of this title and in the and (j) by the Regional Administrator permit requirements of this section. must be onboard the vessel that har- (1) IFQ permit. (i) An IFQ permit au- vests IFQ halibut or IFQ sablefish at thorizes the person identified on the all times that such fish are retained permit to harvest IFQ halibut or IFQ onboard by a hired master. Except as sablefish from a specified IFQ regu- specified in § 679.42(d), an individual latory area at any time during an open that is issued an IFQ hired master per- fishing season during the fishing year mit must remain onboard the vessel for which the IFQ permit is issued used to harvest IFQ halibut or IFQ sa- until the amount harvested is equal to blefish with that IFQ hired master per- the amount specified under the permit, mit during the IFQ fishing trip and at or until the permit is revoked, sus- the landing site during all IFQ land- pended, surrendered in accordance with ings.

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(iii) Each IFQ hired master permit the date of issuance, whichever is later, issued by the Regional Administrator through the end of the current annual will display an IFQ permit number and cycle, unless it is revoked, suspended, the name of the individual authorized surrendered in accordance with para- by the IFQ permit holder to land IFQ graph (a)(9) of this section, or modified halibut or IFQ sablefish for debit under § 600.735 or § 600.740 of this chap- against the IFQ permit holder’s IFQ. In ter. addition, IFQ hired master permits will (vi) A Registered Buyer permit may also display the ADF&G vessel identi- be voluntarily surrendered in accord- fication number of the authorized ves- ance with paragraph (a)(9) of this sec- sel. tion. A Registered Buyer permit may (iv) An IFQ hired master permit may be reissued to the permit holder of be voluntarily surrendered in accord- record in the same fishing year in ance with paragraph (a)(9) of this sec- which it was surrendered. tion. An IFQ hired master permit may (4) Issuance. The Regional Adminis- be reissued to the permit holder of trator will issue IFQ permits and IFQ record in the same fishing year in hired master permits annually or at which it was surrendered. other times as needed to accommodate (3) Registered Buyer permit. (i) A Reg- transfers, revocations, appeals resolu- istered Buyer permit authorizes the tion, and other changes in QS or IFQ person identified on the permit to re- holdings, and designation of masters ceive and make an IFQ landing by an under § 679.42. IFQ permit holder or IFQ hired master (5) Transfer. The quota shares and permit holder or to receive and make a IFQ issued under this section are not CDQ halibut landing by a CDQ permit transferable, except as provided under holder or CDQ hired master permit § 679.41. IFQ hired master permits and holder at any time during the fishing Registered Buyer permits issued under year for which it is issued until the this paragraph (d) are not transferable. Registered Buyer permit expires, or is (6) Inspection—(i) IFQ permit and IFQ revoked, suspended, surrendered in ac- hired master permit. (A) The IFQ permit cordance with paragraph (a)(9) of this holder must present a legible copy of section, or modified under 15 CFR part the IFQ permit for inspection on re- 904. quest of any authorized officer or Reg- (ii) A Registered Buyer permit is re- istered Buyer receiving IFQ species. quired of: (B) The IFQ hired master permit (A) Any person who receives IFQ hal- holder must present a legible copy of ibut, CDQ halibut or IFQ sablefish from the IFQ permit and a legible copy of the person(s) who harvested the fish; the IFQ hired master permit for inspec- (B) Any person who harvests IFQ hal- tion on request of any authorized offi- ibut, CDQ halibut or IFQ sablefish and cer or Registered Buyer receiving IFQ transfers such fish in a dockside sale, species. outside of an IFQ regulatory area, or (ii) Registered Buyer permit. A legible outside the State of Alaska. copy of the Registered Buyer permit (C) A vessel operator who submits a must be present at the location of an Departure Report (see § 679.5(l)(4)). IFQ landing or CDQ halibut landing (iii) A Registered Buyer permit is and must be made available by an indi- issued on an annual cycle defined as vidual representing the Registered March 1 through the end of February of Buyer for inspection on request of any the next calendar year, to persons that authorized officer. have a Registered Buyer application (7) Validity. An IFQ permit issued approved by the Regional Adminis- under this part is valid only if the IFQ trator. permit holder has paid all IFQ fees that (iv) For the Registered Buyer appli- are due as a result of final agency ac- cation to be considered complete, all tion as specified in §§ 679.45 and fees due to NMFS under § 679.55 at the 679.5(l)(7)(ii). time of application must be paid. (e) Halibut CDQ permits and CDQ hired (v) A Registered Buyer permit is in master permits—(1) Requirements. (i) The effect from the first day of March in CDQ group, the operator of the vessel, the year for which it is issued or from the manager of a shoreside processor or

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stationary floating processor, and the person(s) holding the halibut CDQ Registered Buyer must comply with hired master permit and the Registered the requirements of this paragraph (e) buyer must comply with the require- for the catch of CDQ halibut. ments of § 679.5(g) and (l)(1) through (6). (ii) The CDQ group, vessel owner or (f) Federal processor permit (FPP)—(1) operator, and Registered Buyer are Requirement. No shoreside processor of subject to all of the IFQ prohibitions at the United States, SFP, or CQE float- § 679.7(f). ing processor defined at § 679.2 may re- (2) Halibut CDQ permit. The CDQ ceive, process, purchase, or arrange to group must obtain a halibut CDQ per- purchase unprocessed groundfish har- mit issued by the Regional Adminis- vested in the GOA or BSAI, unless the trator. The vessel operator must have a owner or authorized representative legible copy of a halibut CDQ permit on first obtains an FPP issued under this any fishing vessel operated by, or for, a part. A processor may not be operated CDQ group that will have halibut CDQ in a category other than as specified on on board and must make the permit available for inspection by an author- the FPP. An FPP is issued without ized officer. A halibut CDQ permit is charge. non-transferable and is issued annually (2) FPP application. To obtain, amend, until revoked, suspended, surrendered, renew, or surrender an FPP, the owner or modified. A halibut CDQ permit may or authorized representative must com- be voluntarily surrendered in accord- plete an FPP application form per the ance with paragraph (a)(9) of this sec- instructions at http:// tion. A halibut CDQ permit will not be alaskafisheries.noaa.gov. reissued in the same fishing year in (i) Fees. For the FPP application to which it was surrendered, but a new an- be considered complete, all fees due to nual halibut CDQ permit may be issued NMFS from the owner or authorized in a subsequent fishing year to the representative of a shoreside processor CDQ group entitled to a CDQ halibut or SFP or person named on a Reg- allocation. istered Buyer permit subject to the ob- (3) An individual must have on board server fee as specified at § 679.55(c) at the vessel a legible copy of his or her the time of application must be paid. halibut CDQ hired master permit (ii) Signature. The owner or author- issued by the Regional Administrator ized representative of the shoreside while harvesting and landing any CDQ processor, SFP, or CQE floating proc- halibut. Each halibut CDQ hired mas- essor must sign and date the applica- ter permit will identify a CDQ permit tion form, certifying that all informa- number and the individual authorized tion is true, correct, and complete to by the CDQ group to land halibut for the best of his/her knowledge and be- debit against the CDQ group’s halibut lief. If the application form is com- CDQ. A halibut CDQ hired master per- pleted by an authorized representative, mit may be voluntarily surrendered in proof of authorization must accompany accordance with paragraph (a)(9) of the application form. this section. A halibut CDQ hired mas- ter permit may be reissued to the per- (3) Duration—(i) Length of effective- mit holder of record in the same fish- ness. An FPP is in effect from the effec- ing year in which it was surrendered. tive date through the date of permit (4) Alteration. No person may alter, expiration, unless it is revoked, sus- erase, mutilate, or forge a halibut CDQ pended, surrendered in accordance with permit, hired master permit, Reg- paragraph (a)(9) of this section, or istered Buyer permit, or any valid or modified under § 600.735 or § 600.740 of current permit or document issued this chapter. under this part. Any such permit or (ii) Surrendered permit. (A) An FPP document that has been intentionally may be voluntarily surrendered in ac- altered, erased, mutilated, or forged is cordance with paragraph (a)(9) of this invalid. section. An FPP may be reissued to the (5) Landings. A person may land CDQ permit holder of record in the same halibut only if he or she has a valid fishing year in which it was surren- halibut CDQ hired master permit. The dered.

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(B) An owner or authorized rep- (4) Transfer. An FPP issued under resentative, who applied for and re- this paragraph (f) is not transferable or ceived an FPP, must notify NMFS of assignable and is valid only for the the intention to surrender the FPP by processor for which it is issued. submitting an FPP application form (5) Inspection. A legible copy of a found at the NMFS Web site at http:// valid FPP issued under this paragraph alaskafisheries.noaa.gov and indicating (f) must be on site at the shoreside on the application form that surrender processor, SFP, or CQE floating proc- of the FPP is requested. Upon receipt essor at all times and must be pre- and processing of an FPP surrender ap- sented for inspection upon the request plication form, NMFS will withdraw of any authorized officer. the FPP from active status in permit (g) Scallop LLP—(1) General require- data bases. ments. (i) In addition to the permit and (iii) Amended permit—(A) Requirement. licensing requirements prescribed in An owner or authorized representative, this part, each vessel within the EEZ who applied for and received an FPP, off Alaska that is catching and retain- must notify NMFS of any change in ing scallops, must have an original the permit information by submitting scallop LLP license onboard at all an FPP application form found at the times it is catching and retaining scal- NMFS Web site at http:// lops. This scallop LLP license, issued alaskafisheries.noaa.gov. The owner or by NMFS, authorizes the person named authorized representative must submit on the license to catch and retain scal- the application form as instructed on lops in compliance with State of Alas- the form. Upon receipt and approval of ka regulations and only with a vessel an FPP amendment application form, that does not exceed the maximum NMFS will issue an amended FPP. LOA specified on the license and the (B) GOA Inshore Processing endorse- gear designation specified on the li- ment. A GOA inshore processing en- cense. dorsement is required in order to proc- (ii) A scallop LLP license may be vol- ess GOA inshore pollock and Eastern untarily surrendered in accordance GOA inshore Pacific cod. If an SFP with paragraph (a)(9) of this section. A owner or authorized representative surrendered scallop LLP license will holds an FPP with a GOA Inshore Proc- cease to exist and will not be subse- essing endorsement, the SFP is prohib- quently reissued. ited from processing GOA pollock and GOA Pacific cod in more than one sin- (2) Qualifications for a scallop LLP li- gle geographic location during a fish- cense. A scallop LLP license will be ing year and is also prohibited from op- issued to an eligible applicant who: erating as a catcher/processor in the (i) Is a qualified person; BSAI. Once issued, a GOA Inshore (ii) Was named on a State of Alaska Processing endorsement cannot be sur- scallop moratorium permit or Federal rendered for the duration of a fishing scallop moratorium permit on Feb- year. ruary 8, 1999; (C) CQE Floating Processor endorse- (iii) Used the moratorium permit ment. If a vessel owner or authorized held on February 8, 1999, to make legal representative holds an FPP with a landings of scallops in each of any 2 GOA Inshore Processing endorsement calendar years during the qualification in order to process Pacific cod within period beginning January 1, 1996, the marine municipal boundaries of through October 9, 1998; and CQE communities in the Western or (iv) Submitted a complete applica- Central GOA, the vessel must not meet tion for a scallop license during the ap- the definition of an SFP and must not plication period specified pursuant to have harvested groundfish off Alaska paragraph (g)(4) of this section. in the same calendar year. (3) Scallop license conditions and en- (D) Vessels are prohibited from hold- dorsements. A scallop license authorizes ing both a GOA CQE Floating Proc- the license holder to catch and retain essor endorsement and a GOA SFP en- scallops only if the vessel length and dorsement during the same calendar gear used do not exceed the vessel year. length and gear endorsements specified

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on the license. These endorsements will cant is a U.S. citizen or a U.S. busi- be determined as follows. ness; (i) The MLOA specified on the scallop (C) Name of the managing company, license is equal to the length overall on if any; February 8, 1999, of the longest vessel (D) Evidence of legal landings in the that was authorized by a Federal or qualifying years and registration areas; State of Alaska Scallop Moratorium (E) For the vessel(s) being used as the Permit to harvest scallops and used by basis for eligibility for a license, the the eligible applicant to make legal name, state registration number (e.g., landings of scallops during the scallop ADF&G number), the USCG docu- LLP qualification period, as specified mentation number, and valid evidence at § 679.4(g)(2)(iii) of this part. of the LOA on February 8, 1999, of the (ii) The gear specified on a scallop li- longest vessel used by the applicant cense will be restricted to two dredges during the qualification period speci- with a combined width of no more than fied in paragraph (g)(2)(iii) of this sec- 20 feet (6.1 m) in all areas if the eligible tion. applicant was a moratorium permit (iv) Successor-in-interest. If an appli- holder with a Scallop Registration cant is applying as the successor-in-in- Area H (Cook Inlet) endorsement and terest to an eligible applicant, an ap- did not make a legal landing of scal- plication, to be complete, also must lops caught outside Area H during the contain valid evidence proving the ap- qualification period specified in para- plicant’s status as a successor-in-inter- graph (g)(2)(iii) of this section. est to that eligible applicant and: (4) Application for a scallop license—(i) General. The Regional Administrator (A) Valid evidence of the death of will issue a scallop license to an appli- that eligible applicant at the time of cant if a complete application is sub- application, if the eligible applicant mitted by or on behalf of the applicant was an individual; or during the specified application period, (B) Valid evidence that the eligible and if that applicant meets all the cri- applicant is no longer in existence at teria for eligibility in this part. An ap- the time of application, if the eligible plication that is postmarked or hand applicant is not an individual. delivered after the ending date for the (v) Application evaluation. The Re- application period for the scallop LLP gional Administrator will evaluate an specified in paragraph § 679.4(g)(4)(ii) application submitted during the speci- will be denied. An application form will fied application period and compare all be sent to the last known address of claims in the application with the in- the person identified as an eligible ap- formation in the official LLP record. plicant by the official LLP record. An Claims in the application that are con- application form may be requested sistent with information in the official from the Regional Administrator. LLP record will be accepted by the Re- (ii) Application Period. January 16, gional Administrator. Inconsistent 2001, through February 12, 2001. claims in the application, unless (iii) Contents of application. To be verified by evidence, will not be accept- complete, an application for a scallop ed. An applicant who submits incon- license must be signed and dated by the sistent claims, or an applicant who applicant, or the individual rep- fails to submit the information speci- resenting the applicant, and contain fied in paragraphs (g)(4)(iii) and the following information, as applica- (g)(4)(iv) of this section, will be pro- ble: vided a 60-day evidentiary period pur- (A) Scallop Moratorium Permit num- suant to paragraph (g)(4)(vii) of this ber under which legal landings of scal- section to submit the specified infor- lops were made during the qualifica- mation, submit evidence to verify his tion period specified in paragraph or her inconsistent claims, or submit a (g)(2)(iii) of this section; revised application with claims con- (B) Name, business address, tele- sistent with information in the official phone number, FAX number, and social LLP record. An applicant who submits security number or tax ID number of claims that are inconsistent with infor- the applicant, and whether the appli- mation in the official LLP record has

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the burden of proving that the sub- the applicant following the expiration mitted claims are correct. of the 60-day evidentiary period if the (vi) Additional information or evidence. Regional Administrator determines The Regional Administrator will evalu- that the information or evidence pro- ate additional information or evidence vided by the applicant fails to support to support an applicant’s inconsistent the applicant’s claims and is insuffi- claims submitted within the 60-day evi- cient to rebut the presumption that dentiary period pursuant to paragraph the official LLP record is correct, or if (g)(4)(vii) of this section. If the Re- the additional information, evidence, gional Administrator determines that or revised application is not provided the additional information or evidence within the time period specified in the meets the applicant’s burden of proving letter that notifies the applicant of his that the inconsistent claims in his or or her 60-day evidentiary period. The her application are correct, the official IAD will indicate the deficiencies in LLP record will be amended and the in- the application, including any defi- formation will be used in determining ciencies with the information, the evi- whether the applicant is eligible for a dence submitted in support of the in- license. However, if the Regional Ad- ministrator determines that the addi- formation, or the revised application. tional information or evidence does not The IAD will also indicate which meet the applicant’s burden of proving claims cannot be approved based on the that the inconsistent claims in his or available information or evidence. An her application is correct, the appli- applicant who receives an IAD may ap- cant will be notified by an initial ad- peal pursuant to § 679.43. An applicant ministrative determination, pursuant who avails himself or herself of the op- to paragraph (g)(4)(viii) of this section, portunity to appeal an IAD will not re- that the applicant did not meet the ceive a transferable license until after burden of proof to change the informa- the final resolution of that appeal in tion in the official LLP record. the applicant’s favor. (vii) 60-day evidentiary period. The Re- (ix) Issuance of a non-transferable li- gional Administrator will specify by cense. The Regional Administrator will letter a 60-day evidentiary period dur- issue a non-transferable license to the ing which an applicant may provide ad- applicant at the same time notification ditional information or evidence to is provided to the applicant of his or support the claims made in his or her her 60-day evidentiary period if application, or to submit a revised ap- issuance is required by the license re- plication with claims consistent with newal provisions of 5 U.S.C. 558. A non- information in the official LLP record, transferable license authorizes a person if the Regional Administrator deter- to catch and retain scallops as speci- mines that the applicant did not meet fied on the non-transferable license, the burden of proving that the informa- and will have the specific endorse- tion on the application is correct ments and designations based on the through evidence provided with the ap- claims in his or her application. A non- plication. Also, an applicant who fails transferable license will expire upon to submit information as specified in final agency action. paragraphs (g)(4)(iii) and (g)(4)(iv) of this section will have 60 days to pro- (5) Transfer of a Scallop License—(i) vide that information. An applicant General. The Regional Administrator will be limited to one 60-day evi- will approve the transfer of a scallop li- dentiary period. Additional informa- cense if a complete transfer application tion or evidence, or a revised applica- is submitted to Restricted Access Man- tion, received after the 60-day evi- agement, Alaska Region, NMFS, and if dentiary period specified in the letter the transfer meets all the eligibility has expired will not be considered for criteria as specified in paragraph purposes of the initial administrative (g)(5)(ii) of this section. An application determination. form may be requested from the Re- (viii) Initial administrative determina- gional Administrator. tions (IAD). The Regional Adminis- (ii) Eligibility criteria for transfers. A trator will prepare and send an IAD to scallop license can be transferred if:

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(A) The designated transferee is eligi- (i) Exempted fisheries permits. (See ble to document a fishing vessel under § 679.6.) Chapter 121, Title 46, U.S.C.; (j) Prohibited species donation program (B) The parties to the transfer do not permits. (See § 679.26(a)(3).) have any fines, civil penalties, other (k) Licenses for license limitation (LLP) payments due and outstanding, or out- groundfish or crab species—(1) General re- standing permit sanctions resulting quirements. (i) In addition to the permit from Federal fishing violations; and licensing requirements of this part, (C) The transfer will not cause the and except as provided in paragraph designated transferee to exceed the li- (k)(2) of this section, each vessel within cense limit in § 679.7(i); and the GOA or the BSAI must have an (D) The transfer does not violate any LLP groundfish license on board at all other provision specified in this part. times it is engaged in fishing activities (iii) Contents of transfer application. defined in § 679.2 as directed fishing for To be complete, an application for a license limitation groundfish. This scallop license transfer must be signed groundfish license, issued by NMFS to by the license holder and the des- a qualified person, authorizes a license ignated transferee, or the individuals holder to deploy a vessel to conduct di- representing them, and contain the fol- rected fishing for license limitation lowing information, as applicable: groundfish only in accordance with the (A) Name, business address, tele- specific area and species endorsements, phone number, and FAX number of the the vessel and gear designations, the license holder and of the designated MLOA specified on the license, and any transferee; exemption from the MLOA specified on (B) License number and total price the license. being paid for the license; (ii) Each vessel must have a crab spe- (C) Certification that the designated cies license, defined in § 679.2, issued by transferee is a U.S. citizen, or a U.S. NMFS on board at all times it is en- corporation, partnership, or other asso- gaged in fishing activities for the crab ciation; fisheries identified in this paragraph. A (D) A legible copy of a contract or crab species license may be used only sales agreement that specifies the li- to participate in the fisheries endorsed cense to be transferred, the license on the license and on a vessel that holder, the designated transferee, the complies with the vessel designation monetary value or the terms of the li- and MLOA specified on the license. cense transfer; and NMFS requires a crab species license (E) Other information the Regional endorsed for participation in the fol- Administrator deems necessary for lowing crab fisheries: measuring program performance. (A) Aleutian Islands Area C. opilio. (iv) Incomplete applications. The Re- (B) Norton Sound red king and Nor- gional Administrator will return an in- ton Sound blue king in waters of the complete transfer application to the EEZ with a western boundary of 168° W. applicant and identify any deficiencies long., a southern boundary of 62° N. if the Regional Administrator deter- lat., and a northern boundary of 65°36′ mines that the application does not N. lat.; meet all the criteria identified in para- (C) Minor Species endorsement for graph (g)(5) of this section. Bering Sea golden king crab (Lithodes (v) Transfer by court order, operation of aequispinus). law, or as part of a security agreement. (2) Exempt vessels. Notwithstanding The Regional Administrator will trans- the requirements of paragraph (k)(1) of fer a scallop license based on a court this section, order, operation of law, or a security (i) A catcher vessel or catcher/proc- agreement if the Regional Adminis- essor vessel that does not exceed 26 ft trator determines that the transfer ap- (7.9 m) LOA may conduct directed fish- plication is complete and the transfer ing for license limitation groundfish in will not violate any of the provisions of the GOA without a groundfish license; this section. (ii) A catcher vessel or catcher/proc- (h) [Reserved] essor vessel that does not exceed 32 ft

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(9.8 m) LOA may conduct directed fish- dorsement in the GOA. (1) A groundfish ing for license limitation groundfish in license with a specified MLOA less the BSAI without a groundfish license than or equal to 50 feet prior to April and may conduct directed fishing for 21, 2011 that subsequently receives a crab species in the Bering Sea and Pacific cod endorsement in the GOA Aleutian Islands Area without a crab with a catcher vessel and pot gear des- species license; ignation as specified under paragraph (iii) A vessel may use a maximum of (k)(10) of this section will be redesig- five jig machines, one line per jig ma- nated with an MLOA of 50 feet on the chine, and a maximum of 30 hooks per date that the Pacific cod endorsement line, to conduct directed fishing for li- is assigned to that groundfish license; cense limitation groundfish in the GOA (2) A groundfish license with a speci- without a groundfish license; fied MLOA greater than or equal to 60 (iv) A catcher vessel or catcher/proc- feet: essor vessel that does not exceed 60 ft (i) That was continuously assigned to (18.3 m) LOA may use a maximum of 5 a single vessel less than 60 feet LOA jig machines, one line per jig machine, from January 1, 2002, through Decem- and a maximum of 15 hooks per line, to ber 8, 2008; and conduct directed fishing for license (ii) That met the landing thresholds limitation groundfish in the BSAI applicable for a groundfish license with without a groundfish license; a specified MLOA of less than 60 feet (v) A catcher vessel or catcher/proc- for the specific gear designation(s) and essor vessel that does not exceed 125 ft regulatory area(s) applicable to that (38.1 m) LOA, and during the period groundfish license as described in para- after November 18, 1992, through Octo- graph (k)(10) of this section, will be re- ber 9, 1998, was specifically constructed designated with an MLOA equal to the for and used exclusively in accordance LOA of the vessel to which that with a CDP approved by NMFS, and is groundfish license was assigned from designed and equipped to meet specific January 1, 2002, through December 8, needs that are described in the CDP, is 2008, based on the LOA for that vessel exempted from the requirement to in NMFS’ non-trawl gear recent par- have a LLP groundfish license to con- ticipation official record on April 21, duct directed fishing for license limita- 2011, or as specified by a marine survey tion groundfish in the GOA and in the conducted by an independent certified BSAI area and a crab species license to marine surveyor or naval architect fish for crab species in the Bering Sea provided that the license holder pro- and Aleutian Islands Area; or vides NMFS with a marine survey con- (vi) The operator of a catcher vessel ducted by an independent certified ma- that is greater than 32 ft (9.8 m) LOA, rine surveyor or naval architect not that does not exceed 46 ft (14.0 m) LOA, later than 90 days after April 21, 2011 and that is registered by a CDQ group that specifies the LOA of the vessel to following the procedures described in which that groundfish license was as- § 679.5(m) may use hook-and-line gear signed. to conduct groundfish CDQ fishing (3) The MLOA specified on a ground- without a groundfish license. fish license under paragraph (3) Vessel and gear designations and (k)(3)(i)(B)(2) of this section may not vessel length categories—(i) Vessel exceed 60 feet. MLOA—(A) General. A license may be (C) Modification of the MLOA on an used only on a vessel designated on the Amendment 80 LLP license or an Amend- license, a vessel that complies with the ment 80 LLP/QS license. The MLOA des- vessel designation and gear designation ignated on an Amendment 80 LLP li- specified on the license, and a vessel cense or an Amendment 80 LLP/QS li- that has an LOA less than or equal to cense will be 295 ft. (89.9 m) if an the MLOA specified on the license, un- Amendment 80 replacement vessel is less the license specifies that the vessel designated on the license following the is exempt from the MLOA on the li- approval of a license transfer request cense. under paragraph (k)(7) of this section. (B) Modification of license MLOA for (D) Modification of the MLOA on a groundfish licenses with a Pacific cod en- groundfish LLP license listed in column A

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of Table 9 to this part. (1) Each ground- (3) For purposes of paragraphs fish LLP license endorsed to catch and (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this process Pacific cod with hook-and-line section, evidence of processing must be gear in the BS or AI, or both, and des- demonstrated by production reports or ignated in column B of Table 9 to this other valid documentation dem- part will receive a 220-foot (67 m) onstrating that processing occurred on MLOA following February 6, 2014. the vessel during the relevant period. (2) Each groundfish LLP license en- (B) Catcher vessel. A license will be dorsed to catch and process Pacific cod assigned a catcher vessel designation if with hook-and-line gear in the BS or it does not meet the criteria in para- AI, or both, and designated in column graph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) C of Table 9 to this part is eligible to of this section to be assigned a catcher/ be assigned a 220-foot (67 m) MLOA if processor vessel designation. the LLP holder submits a timely writ- (C) Changing a vessel designation. A ten request to remove all pot gear Pa- person who holds a groundfish license cific cod endorsements on that LLP or a crab species license with a catcher/ following the process established under processor vessel designation may, upon paragraph (k)(6)(xi) of this section. request to the Regional Administrator, (E) Exemption from MLOA on an LLP have the license reissued with a catch- license with a Bering Sea area endorse- er vessel designation. The vessel des- ment or an Aleutian Islands area endorse- ignation change to a catcher vessel will ment for AFA rebuilt or AFA replacement be permanent, and that license will be vessels. An AFA rebuilt vessel or an valid for only those activities specified AFA replacement vessel may exceed in the definition of catcher vessel des- the MLOA on an LLP groundfish li- ignation at § 679.2. cense with a Bering Sea area endorse- (D) Limited processing by catcher ves- ment or an Aleutian Islands area en- sels. Up to 1 mt of round weight equiva- lent of license limitation groundfish or dorsement when the vessel is con- crab species may be processed per day ducting directed fishing for groundfish on a vessel less than or equal to 60 ft in the BSAI pursuant to that LLP (18.3 m) LOA that is authorized to fish groundfish license and when the ex- with an LLP license with a catcher emption is specified on the LLP li- vessel designation. cense. (iii) Vessel length categories. A vessel’s (ii) Vessel designations—(A) Catcher/ eligibility will be determined using the processor vessel. A license will be as- following three vessel length cat- signed a catcher/processor vessel des- egories, which are based on the vessel’s ignation if: LOA on June 17, 1995, or, if the vessel (1) For license limitation groundfish, was under reconstruction on June 17, license limitation groundfish were 1995, the vessel’s length on the date processed on the vessel that qualified that reconstruction was completed. for the groundfish license under para- (A) Vessel length category ‘‘A’’ if the graph (k)(4) of this section during the LOA of the qualifying vessel on the rel- period January 1, 1994, through June 17, evant date was equal to or greater than 1995, or in the most recent calendar 125 ft (38.1 m) LOA. year of participation during the area (B) Vessel length category ‘‘B’’ if the endorsement qualifying period speci- LOA of the qualifying vessel on the rel- fied in paragraph (k)(4)(ii) of this sec- evant date was equal to or greater than tion; or 60 ft (18.3 m) but less than 125 ft (38.1 (2) For crab species, crab species were m) LOA. processed on the vessel that qualified (C) Vessel length category ‘‘C’’ if the for the crab species license under para- LOA of the qualifying vessel on the rel- graph (k)(5) of this section during the evant date was less than 60 ft (18.3 m) period January 1, 1994, through Decem- LOA. ber 31, 1994, or in the most recent cal- (iv) Gear designations for groundfish li- endar year of participation during the censes—(A) General. A vessel may only area endorsement qualifying period use gear consistent with the gear des- specified in paragraph (k)(5)(ii) of this ignation on the LLP license author- section. izing the use of that vessel to fish for

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license limitation groundfish or crab from trawl to non-trawl or from non- species, except that a vessel fishing trawl to trawl. under authority of an LLP license en- (F) Definitions of non-trawl gear and dorsed only for trawl gear may fish for significant financial investment. (1) For slope rockfish with non-trawl gear purposes of paragraph (k)(3)(iv) of this within the Gulf of Alaska Slope Habi- section, non-trawl gear means any tat Conservation Areas, as described in legal gear, other than trawl, used to Table 27 to this part. harvest license limitation groundfish. (B) Trawl/non-trawl. A license will be (2) For purposes of paragraph assigned a trawl/non-trawl gear des- (k)(3)(iv)(E)(2) of this section, ‘‘signifi- ignation if trawl and non-trawl gear cant financial investment’’ means hav- were used to harvest LLP species from ing spent at least $100,000 toward vessel the qualifying vessel during the period conversion and/or gear to change to beginning January 1, 1988, through trawl gear from non-trawl gear, or hav- June 17, 1995. ing acquired groundline, hooks, pots, (C) Trawl. A license will be assigned a jig machines, or hauling equipment to trawl gear designation if only trawl change to non-trawl gear from trawl gear was used to harvest LLP species gear. from the qualifying vessel during the period beginning January 1, 1988, (4) Qualifications for a groundfish li- through June 17, 1995. cense. A groundfish license will be (D) Non-trawl. A license will be as- issued to an eligible applicant that signed a non-trawl gear designation if meets the criteria in paragraphs only non-trawl gear was used to har- (k)(4)(i) and (k)(4)(ii) of this section. vest LLP species from the qualifying For purposes of the license limitation vessel during the period beginning Jan- program, evidence of a documented uary 1, 1988, through June 17, 1995. harvest must be demonstrated by a (E) Changing a gear designation. (1) An state catch report, a Federal catch re- applicant may request a change of gear port, or other valid documentation designation based on gear used from that indicates the amount of license the vessel during the period beginning limitation groundfish harvested, the June 18, 1995, through February 7, 1998. groundfish reporting area in which the Such a change would be permanent and license limitation groundfish was har- may only be used for a change from vested, the vessel and gear type used to trawl to non-trawl or from non-trawl harvest the license limitation ground- to trawl. fish, and the date of harvesting, land- (2) An applicant may request a ing, or reporting. State catch reports change of gear designation based on a are Alaska, California, Oregon, or significant financial investment in Washington fish tickets. Federal catch converting a vessel or purchasing fish- reports are production reports required ing gear on or before February 7, 1998, under § 679.5. and making a documented harvest with (i) General qualification periods (GQP). that gear on or before December 31, This table provides the GQP docu- 1998. Such a change would be perma- mented harvest requirements for LLP nent and may only be used for a change groundfish licenses:

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if the requirements found in the table at § 679.4(k)(4)(ii) are met for the area en- A groundfish license dorsement and at least one documented during the period... will be assigned... harvest of license limitation groundfish was caught and retained in...

(A) One or more the BSAI or waters shoreward of the BSAI (1) Beginning January 1, 1988, through June 27, 1992; or area endorsements (2) Beginning January 1, 1988, through December 31, in the table at 1994, provided that the harvest was of license limitation § 679.4(k)(4)(ii)(A) groundfish using pot or jig gear from a vessel that was or (B) less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through De- cember 11, 1994, a documented harvest of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear. (B) One or more the GOA or in waters shoreward of the GOA (1) Beginning January 1, 1988, through June 27, 1992; or area endorsements (2) Beginning January 1, 1988, through December 31, in the table at 1994, provided that the harvest was of license limitation § 679.4(k)(4)(ii)(C) groundfish using pot or jig gear from a vessel that was through (O) less than 60 ft (18.3 m) LOA; or (3) Beginning January 1, 1988, through June 17, 1995, provided that, during the period beginning January 1, 1988, through February 9, 1992, a documented harvest of crab species was made from the vessel, and, during the period beginning February 10, 1992, through De- cember 11, 1994, a documented harvest landing of groundfish species, except sablefish landed using fixed gear, was made from the vessel in the GOA or the BSAI using trawl or longline gear.

(ii) Endorsement qualification periods (EQP). This table provides the documented harvest requirements for LLP groundfish license area endorsements:

A groundfish from a vessel and that meets license will be if... during the period... in... in vessel length the requirements assigned... category... for a...

(A) An Aleutian at least one documented beginning January the Aleutian Islands ‘‘A’’, ‘‘B’’, or ‘‘C’’ catcher/ processor Island area harvest of any amount 1, 1992, through Subarea or in wa- designation or a endorsement of license limitation June 17, 1995. ters shoreward of catcher vessel groundfish was made. that area. designation. (B) A Bering at least one documented beginning January the Bering Sea Sub- ‘‘A’’, ‘‘B’’, or ‘‘C’’ catcher/ processor Sea area en- harvest of any amount 1, 1992, through area or in waters designation or a dorsement of license limitation June 17, 1995. shoreward of that catcher vessel groundfish was made. area. designation. (C) A Western at least one documented beginning January the Western GOA ‘‘A’’ catcher/ processor Gulf area harvest of any amount 1, 1992, through regulatory area or designation or a endorsement of license limitation June 17, 1995. in waters shoreward catcher vessel groundfish was made of that area. designation; or in each of any two cal- endar years. (D) A Western at least one documented beginning January the Western Area of ‘‘B’’ catcher vessel Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska designation; or endorsement of license limitation June 17, 1995. or in waters shore- groundfish was made. ward of that area. (E) A Western at least one documented beginning January the Western Area of ‘‘B’’ catcher/processor Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska vessel designa- endorsement of license limitation June 17, 1995. or in waters shore- tion; or groundfish was made ward of that area. in each of any two cal- endar years. (F) A Western at least four documented beginning January the Western Area of ‘‘B’’ catcher/processor Gulf area harvest of any amount 1, 1995, through the Gulf of Alaska vessel designa- endorsement of license limitation June 17, 1995. or in waters shore- tion; or groundfish were made. ward of that area. (G) A Western at least one documented beginning January the Western Area of ‘‘C’’ catcher/processor Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska designation or a endorsement of license limitation June 17, 1995. or in waters shore- catcher vessel groundfish was made. ward of that area. designation.

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A groundfish from a vessel and that meets license will be if... during the period... in... in vessel length the requirements assigned... category... for a...

(H) A Central at least one documented beginning January the Central area of ‘‘A’’ catcher/processor Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska designation or a endorsement of license limitation June 17, 1995. or in waters shore- catcher vessel groundfish was made ward of that area, designation; or in each of any two cal- or in the West Yak- endar years. utat District or in waters shoreward of that district. (I) A Central at least one documented beginning January the Central area of ‘‘B’’ catcher/processor Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska designation or a endorsement of license limitation June 17, 1995. or in waters shore- catcher vessel groundfish was made ward of that area, designation; or in each of any two cal- or in the West Yak- endar years. utat District or in waters shoreward of that district. (J) A Central at least four documented beginning January the Central area of ‘‘B’’ catcher/processor Gulf area harvest of any amount 1, 1995, through the Gulf of Alaska designation or a endorsement of license limitation June 17, 1995. or in waters shore- catcher vessel groundfish were made. ward of that area, designation; or or in the West Yak- utat District or in waters shoreward of that district. (K) A Central at least one documented beginning January the Central area of ‘‘C’’ catcher/processor Gulf area harvest of any amount 1, 1992, through the Gulf of Alaska designation or a endorsement of license limitation June 17, 1995. or in waters shore- catcher vessel groundfish was made. ward of that area, designation. or in the West Yak- utat District or in waters shoreward of that district. (L) A South- at least one documented beginning January in the Southeast Out- ‘‘A’’ catcher/processor east Outside harvest of any amount 1, 1992, through side District or in designation or a area en- of license limitation June 17, 1995. waters shoreward catcher vessel dorsement groundfish was made of that district. designation; or in each of any two cal- endar years. (M) A South- at least one documented beginning January in the Southeast Out- ‘‘B’’ catcher/processor east Outside harvest of any amount 1, 1992, through side District or in designation or a area en- of license limitation June 17, 1995. waters shoreward catcher vessel dorsement groundfish was made of that district. designation; or in each of any two cal- endar years. (N) A South- at least four documented beginning January in the Southeast Out- ‘‘B’’ catcher/processor east Outside harvest of any amount 1, 1995, through side District or in designation or a area en- of license limitation June 17, 1995. waters shoreward catcher vessel dorsement groundfish were made. of that district. designation; or (O) A South- at least one documented beginning January in the Southeast Out- ‘‘C’’ catcher/processor east Outside harvest of any amount 1, 1992, through side District or in designation or a area en- of license limitation June 17, 1995. waters shoreward catcher vessel dorsement groundfish was made. of that district. designation.

(iii) An eligible applicant that is with the appropriate area endorse- issued a groundfish license based on a ments to an eligible applicant whose vessel’s qualifications in the table at vessel meets the requirements in the paragraphs (k)(4)(i)(A)(2) or table at paragraph (k)(4)(i)(A) of this (k)(4)(i)(B)(2) of this section must section, and the requirements in the choose only one area endorsement for table at any of the paragraphs that groundfish license even if docu- (k)(4)(ii)(C) through (O) of this section, mented harvests qualifies the eligible except: applicant for more than one area en- (A) From whose vessel no docu- dorsement. mented harvests were made in the GOA (iv) Notwithstanding the provisions or waters shoreward of the GOA during in paragraph (k)(4)(i) of this section, the period beginning January 1, 1988, NMFS will issue a groundfish license through June 27, 1992, and

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(B) From whose vessel no docu- (B) Trawl gear designations with Ber- mented harvests were made in the ing Sea or Aleutian Islands area en- BSAI or waters shoreward of the BSAI dorsements on a groundfish license are during the period beginning January 1, exempt from the landing requirements 1992, through June 17, 1995. in paragraph (k)(4)(vi) of this section (v) Notwithstanding the provisions in provided that all of the following con- paragraph (k)(4)(i) of this section, a ditions apply: groundfish license with the appropriate (1) The groundfish license was not de- area endorsements will be issued to an rived in whole or in part from the eligible applicant whose vessel meets qualifying fishing history of an AFA the requirements in the tables at para- vessel; graphs (k)(4)(i) and (k)(4)(ii) and (A) or (2) The groundfish license is assigned (B) of this section, except: to an AFA vessel on August 14, 2009; (A) From whose vessel no docu- and mented harvests were made in the (3) No other groundfish license with a BSAI or waters shoreward of the BSAI Bering Sea or Aleutian Island area en- during the period beginning January 1, dorsement is assigned to that AFA ves- 1988, through June 27, 1992, and sel on August 14, 2009. (B) From whose vessel no docu- (C) Trawl gear designations with Ber- mented harvests were made in the GOA ing Sea or Aleutian Islands area en- or waters shoreward of the GOA during dorsements on a groundfish license the period beginning January 1, 1992, that is listed in Column C of Table 31 through June 17, 1995. to this part are exempt from the land- (vi) Trawl gear designation recent par- ing requirements in paragraph ticipation requirements. (A) NMFS will (k)(4)(vi) of this section. revoke any trawl gear designation on a (D) A trawl gear designation with groundfish license with an Aleutian Is- Central Gulf area endorsement on a land, Bering Sea, Central Gulf, or groundfish license that is assigned Western Gulf regulatory area unless Rockfish QS is exempt from the land- one of the following conditions apply: ing requirements in paragraph (1) A person made at least two legal (k)(4)(vi) of this section. landings using trawl gear under the au- (viii) Exemption to trawl gear recent thority of that groundfish license in participation requirements for groundfish that regulatory area during the period licenses with a Central Gulf or Western from January 1, 2000, through Decem- Gulf area endorsement. A trawl gear des- ber 31, 2006; or ignation with a Central Gulf or West- (2) That trawl gear designation en- ern Gulf area endorsement on a dorsed in that area is exempt from the groundfish license is exempt from the requirements of this paragraph landing requirements in paragraph (k)(4)(vi)(A) as described under para- (k)(4)(vi) of this section provided that a graphs (k)(4)(vii) or (k)(4)(viii) of this person made at least 20 legal landings section. under the authority of that groundfish (B) NMFS shall assign a legal landing license in either the Central Gulf or to a groundfish license for an area Western Gulf area using trawl gear based only on information contained in during the period from January 1, 2005, the official record described in para- through December 31, 2007. graph (k)(4)(x) of this section. (ix) Aleutian Island area endorsements (vii) Exemption to trawl gear recent for non-AFA trawl catcher vessels. (A) If participation requirements for the AFA, a non-AFA catcher vessel that is less Amendment 80 Program, and Rockfish than 60 feet LOA was used to make at Program. (A) Trawl gear designations least 500 mt of legal landings of Pacific with Bering Sea or Aleutian Islands cod using trawl gear from the waters area endorsements on a groundfish li- that were open by the State of Alaska cense that was derived in whole or in for which it adopts a Federal fishing part from the qualifying fishing his- season adjacent to the Aleutian Islands tory of an AFA vessel are exempt from Subarea during the period from Janu- the landing requirements in paragraph ary 1, 2000, through December 31, 2006, (k)(4)(vi) of this section. according to the official record, NMFS

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shall issue an Aleutian Island area en- section to designate an otherwise eligi- dorsement with a trawl gear designa- ble groundfish license. If the official tion to a groundfish license assigned to record is subsequently amended, NMFS the vessel owner according to the offi- will assign the AI endorsement to the cial record, provided that the ground- groundfish license specified in the fish license assigned to that non-AFA amended official record. catcher vessel meets all of the fol- (x) Trawl gear recent participation offi- lowing requirements: cial record. (A) The official record will (1) It was not derived in whole or in contain all information used by the Re- part from the qualifying fishing his- gional Administrator to determine the tory of an AFA vessel; following: (2) It has a trawl gear designation; (1) The number of legal landings as- (3) It does not have a catcher/proc- signed to a groundfish license for pur- essor vessel designation; and poses of the trawl gear designation par- (4) That groundfish license has an ticipation requirements described in MLOA of less than 60 feet. paragraph (k)(4)(vi) of this section; (B) If a non-AFA catcher vessel that (2) The amount of legal landings as- is equal to or greater than 60 feet LOA signed to a groundfish license for pur- was used to make at least one legal poses of the AI endorsements described landing in State of Alaska waters adja- in paragraph (k)(4)(ix) of this section; cent to the Aleutian Islands Subarea (3) The owner of a vessel that has using trawl gear during the period from made legal landings that may generate January 1, 2000, through December 31, an AI endorsement as described in 2006, or one landing of Pacific cod from paragraph (k)(4)(ix) of this section; and the State of Alaska Pacific cod fishery during the period from January 1, 2000, (4) All other relevant information through December 31, 2006, according necessary to administer the require- to the official record, NMFS shall issue ments described in paragraphs an Aleutian Island area endorsement (k)(4)(vi) through (k)(4)(ix) of this sec- with a trawl gear designation to a tion. groundfish license assigned to the ves- (B) The official record is presumed to sel owner according to the official be correct. A groundfish license holder record, provided that the groundfish li- has the burden to prove otherwise. For cense assigned to that non-AFA catch- the purposes of creating the official er vessel meets the following criteria: record, the Regional Administrator (1) It was not derived in whole or in will presume the following: part from the qualifying fishing his- (1) A groundfish license is presumed tory of an AFA vessel; to have been used onboard the same (2) It has a trawl gear designation; vessel from which that groundfish li- (3) It does not have a catcher/proc- cense was derived, the original quali- essor vessel designation; and fying vessel, during the calendar years (4) At least 1,000 mt of legal landings 2000 and 2001, unless clear and unam- of Pacific cod using trawl gear in the biguous written documentation is pro- BSAI were made under the authority of vided that establishes otherwise; that groundfish license during the pe- (2) If more than one person is claim- riod from January 1, 2000, through De- ing the same legal landing, then each cember 31, 2006, according to the offi- groundfish license for which the legal cial record. landing is being claimed will be cred- (C) NMFS will assign the AI endorse- ited with the legal landing; ment to an eligible groundfish license (3) The groundfish license to which held and designated by the vessel an AI endorsement described in para- owner beginning on August 14, 2009. graph (k)(4)(ix) of this section will be (D) If the vessel owner does not hold initially assigned. a groundfish license to which an AI en- (C) Only legal landings as defined in dorsement may be assigned on August § 679.2 and documented on State of 14, 2009 according to the official record, Alaska fish tickets or NMFS weekly the vessel owner will have the oppor- production reports will be used to as- tunity to amend the official record as sign legal landings to a groundfish li- described in paragraph (k)(4)(x) of this cense.

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(D) The Regional Administrator will (5) Qualification for a crab species li- specify by letter a 30-day evidentiary cense. A crab species license will be period during which an applicant may issued to an eligible applicant who provide additional information or evi- owned a vessel that meets the criteria dence to amend or challenge the infor- in paragraphs (k)(5)(i), (k)(5)(ii), and mation in the official record. A person (k)(5)(iii) of this section, except that will be limited to one 30-day evi- vessels are exempt from the require- dentiary period. Additional informa- ments in paragraph (k)(5)(i) of this sec- tion or evidence received after the 30- tion for area/species endorsements at day evidentiary period specified in the paragraphs (A) and (G) in the table at letter has expired will not be consid- paragraph (k)(5)(ii) of this section. ered for purposes of the initial admin- (i) General qualification period (GQP). istrative determination. To qualify for one or more of the area/ (E) The Regional Administrator will species endorsements in the table at prepare and send an IAD to the appli- paragraph (k)(5)(ii) of this section, the cant following the expiration of the 30- requirements of paragraph (k)(5)(iii) of day evidentiary period if the Regional this section must be met and: Administrator determines that the in- formation or evidence provided by the (A) At least one documented harvest person fails to support a person’s of any amount of crab species must claims and is insufficient to rebut the have been made from a vessel between presumption that the official record is January 1, 1988, and June 27, 1992; or correct, or if the additional informa- (B) At least one documented harvest tion, evidence, or revised application is of any amount of crab species must not provided within the time period have been made from a vessel between specified in the letter that notifies the January 1, 1988, and December 31, 1994, applicant of his or her 30-day evi- providing that, during the period Janu- dentiary period. The IAD will indicate ary 1, 1988, through February 9, 1992, the deficiencies with the information, the vessel for which the documented or the evidence submitted in support of harvest was made also made a legal the information. The IAD will also in- landing of any groundfish species har- dicate which claims cannot be ap- vested in the GOA or BSAI with any proved based on the available informa- authorized gear, except sablefish tion or evidence. A person who receives caught with fixed gear, and, during the an IAD may appeal pursuant to § 679.43. period February 10, 1992, through De- A person who avails himself or herself cember 11, 1994, made a legal landing of of the opportunity to appeal an IAD any king or Tanner crab species har- will receive a non-transferable license vested in the Bering Sea and Aleutian pending the final resolution of that ap- Islands Area. peal, notwithstanding the eligibility of (ii) Area/species endorsements. This that applicant for some claims based table provides the documented harvest on consistent information in the offi- requirements for LLP crab license cial record. area/species endorsements:

A crab species license will be assigned... if... during the period... in...

(A) A Pribilof red king at least one documented harvest beginning January 1, 1993, the area described in the defini- and Pribilof blue king of red king crab or blue king through December 31, 1994. tion for a Pribilof red king and area/species en- crab was made by a vessel. Pribilof blue king area/species dorsement endorsement at § 679.2. (B) A Bering Sea and at least three documented har- beginning January 1, 1992, the area described in the defini- Aleutian Islands vests of C. opilio and C. bairdi through December 31, 1994. tion for a Bering Sea and Area C. opilio and C. were made by a vessel. Aleutian Islands Area C. opilio bairdi area/species and C. bairdi area/species en- endorsement dorsement at § 679.2. (C) A St. Matthew blue at least one documented harvest beginning January 1, 1992, the area described in the defini- king area/species of red king crab or blue king through December 31, 1994. tion for a St. Matthew blue endorsement crab was made by a vessel. king area/species endorse- ment at § 679.2. (D) An Aleutian Islands at least three documented har- beginning January 1, 1992, the area described in the defini- brown king area/spe- vests of brown king crab were through December 31, 1994. tion for an Aleutian Islands cies endorsement made by a vessel. brown king area/species en- dorsement at § 679.2.

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A crab species license will be assigned... if... during the period... in...

(E) An Aleutian Islands at least one documented harvest beginning January 1, 1992, the area described in the defini- red king area/spe- of red king crab or blue king through December 31, 1994. tion for an Aleutian Islands cies endorsement crab was made by a vessel. red king area/species en- dorsement at § 679.2. (F) A Bristol Bay red at least one documented harvest beginning January 1, 1991, the area described in the defini- king area/species of red king crab or blue king through December 31, 1994. tion for a Bristol Bay red king endorsement crab was made by a vessel. area/species endorsement at § 679.2. (G) A Norton Sound at least one documented harvest beginning January 1, 1993, the area described in the defini- red king and blue of red king crab or blue king through December 31, 1994. tion for a Norton Sound red king area/species crab was made by a vessel. king and blue king area/spe- endorsement cies endorsement at § 679.2.

(iii) Recent participation period ruary 7, 1998, must have obtained, or (RPP). (A) The RPP is the period from entered into a contract to obtain, the January 1, 1996, through February 7, LLP qualifying fishing history by 8:36 1998. To qualify for a crab species li- a.m. Alaska local time on October 10, cense, defined at § 679.2, a person must 1998, have made at least one documented (v) A qualified person who owned a harvest of any amount of LLP crab vessel on June 17, 1995, that met the re- species from a vessel during the RPP quirements in paragraphs (k)(5)(i) and and must have held a LLP qualifying (ii) of this section, but whose vessel fishing history at the time of that doc- was unable to meet requirements of umented harvest. A LLP qualifying paragraph (k)(5)(iii) of this section be- fishing history meets the documented cause of unavoidable circumstances harvest requirements at paragraphs (i.e., the vessel was lost damaged, or (k)(5)(i) and (k)(5)(ii) of this section. otherwise unable to participate in the (B) Exceptions to the RPP. A person license limitation crab fisheries) may does not need to meet the documented receive a license if the qualified person harvest requirements in paragraph is able to demonstrate that: (k)(5)(iii)(A) of this section if he or she (A) The owner of the vessel at the deployed a vessel that met the docu- time of the unavoidable circumstance mented harvest requirements in para- held a specific intent to conduct fish- graph (k)(5)(i) of this section, if appli- ing for license limitation crab species cable, paragraph (k)(5)(ii) of this sec- with that vessel during a specific time tion, and: period in a specific area; (1) Only qualifies area/species en- (B) The specific intent to conduct di- dorsement at paragraph (G) in the rected fishing for license limitation table at paragraph (k)(5)(ii). crab species was thwarted by a cir- (2) Those documented harvests were cumstance that was: made from a vessel that meets the re- (1) Unavoidable; quirements for vessel length category (2) Unique to the owner of that ves- ‘‘C’’. sel, or unique to that vessel; and (3) The vessel used to meet the docu- (3) Unforeseen and reasonably unfore- ment harvest requirements in para- seeable to the owner of the vessel; graphs (k) (5) (i) and (k) (5) (ii) of this (C) The circumstance that prevented section was lost or destroyed, and he or the owner from conducting directed she made a documented harvest of crab fishing for license limitation crab spe- species any time during the period be- cies actually occurred; ginning after the vessel was lost or de- (D) Under the circumstances, the stroyed but before January 1, 2000. owner of the vessel took all reasonable (iv) Exception to allow purchase of steps to overcome the circumstances LLP qualifying fishing history after that prevented the owner from con- the documented harvest in the RPP. To ducting directed fishing for license lim- qualify for a LLP crab species license, itation crab species; and a person who made a documented har- (E) Any amount of license limitation vest of LLP crab species during the pe- crab species was harvested on the ves- riod from January 1, 1998, through Feb- sel after the vessel was prevented from

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participating but before January 1, (D) Valid evidence of the documented 2000. harvests that are the basis of eligi- (vi) A groundfish license or crab spe- bility for a license, including harvest cies license may be used on a vessel area, gear used, date of landing, and, if that is named on the license, that com- applying for a crab species license, spe- plies with the vessel designation, and cies; that does not exceed the MLOA on the (E) Valid evidence of LOA on June 24, license. 1992, of the vessel used as the basis of (6) Application for a groundfish license eligibility for a license, except if that or a crab species license. (i) General. The vessel was under reconstruction on Regional Administrator will issue a that date, valid evidence of LOA on the groundfish license or a crab species li- date reconstruction was completed and cense to an applicant if a complete ap- valid evidence of when reconstruction plication is submitted by or on behalf began and ended; of the applicant during the specified (F) Valid evidence of LOA on June 17, application period, and if that appli- 1995, of the vessel used as the basis of cant meets all the criteria for eligi- eligibility for a license, except if that bility in paragraph (k) of this section. vessel was under reconstruction on An application that is postmarked or that date, valid evidence of LOA on the delivered after the ending date for the date reconstruction was completed, application period for the License Lim- and valid evidence of when reconstruc- tion began and ended; itation Program specified in the FED- (G) Valid evidence to support the ap- ERAL REGISTER will be denied. An ap- plication form will be sent to the last plicant’s claim for a vessel designation known address of a person identified as of catcher vessel or catcher/processor an eligible applicant by the official vessel; LLP record. An application form may (H) Valid evidence of ownership of 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) An application Application period. 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 FED- has been separated from a vessel, valid ERAL REGISTER and other information evidence of ownership of the fishing sources deemed appropriate by the Re- history being used as the basis of eligi- gional 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

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for a crab species license endorsement who fails to submit the information for Norton Sound and if the applicant specified in paragraphs (k)(6)(iii) and is a person, an application, to be com- (k)(6)(iv) of this section, will be pro- plete, must contain valid evidence that vided a 60-day evidentiary period pur- the applicant was a State of Alaska suant to paragraph (k)(6)(vii) of this permit holder for the Norton Sound section to submit the specified infor- king crab summer fishery in 1993 or mation, submit evidence to verify his 1994. If the applicant is a corporation, or her inconsistent claims, or submit a an application, to be complete, must revised application with claims con- contain valid evidence that the cor- sistent with information in the official poration owned or had a lease for a ves- LLP record. An applicant who submits sel on June 17, 1995, that participated claims that are inconsistent with infor- in the Norton Sound king crab summer mation in the official LLP record has fishery in 1993 or 1994. the burden of proving that the sub- (C) Extended general qualification pe- mitted claims are correct. riod. If an applicant is applying for a li- (vi) Additional information or evidence. cense based on meeting the general The Regional Administrator will evalu- qualification period requirements of ate additional information or evidence paragraph (k)(4)(i)(A)(2) or to support an applicant’s inconsistent (k)(4)(i)(B)(2) of this section, the appli- claims submitted within the 60-day evi- cation, to be complete, must indicate dentiary period pursuant to paragraph which single endorsement area the ap- (k)(6)(vii) of this section. If the Re- plicant has selected for license. A li- gional Administrator determines that cense cannot be endorsed for more than the additional information or evidence one area, notwithstanding the fact that meets the applicant’s burden of proving the applicant may have the docu- that the inconsistent claims in his or mented harvests to qualify for more her application is correct, the official than one endorsement area. LLP record will be amended and the in- (D) Unavoidable circumstances. If a formation will be used in determining person is claiming that unavoidable whether the applicant is eligible for a circumstances prevented him or her license. However, if the Regional Ad- from meeting certain eligibility re- ministrator determines that the addi- quirements for a license under para- tional information or evidence does not graph (k) of this section, he or she meet the applicant’s burden of proving must provide the information required that the inconsistent claims in his or in the particular paragraph of this sec- her application is correct, the appli- tion authorizing such a claim, and in- cant will be notified by an initial ad- clude valid evidence of the date the ministrative determination, pursuant vessel was lost, damaged, or otherwise to paragraph (k)(6)(viii) of this section, unable to participate in the fishery, that the applicant did not meet the and the date a documented harvest was burden of proof to change the informa- made after the vessel was unable to tion in the official LLP record. participate in the fishery by the un- (vii) 60-day evidentiary period. The Re- avoidable circumstance. 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

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this section will have 60 days to pro- (x) Surrender of groundfish or crab vide that information. An applicant LLP. A groundfish or crab LLP license will be limited to one 60-day evi- may be voluntarily surrendered in ac- dentiary period. Additional informa- cordance with paragraph (a)(9) of this tion or evidence, or a revised applica- section. A surrendered groundfish or tion, received after the 60-day evi- crab LLP license will cease to exist and dentiary period specified in the letter will not be subsequently reissued. has expired will not be considered for (xi) Surrender and extinguishment of a purposes of the initial administrative groundfish LLP endorsement. Endorse- determination. ments specified on a groundfish LLP li- (viii) Initial administrative determina- cense are not severable from a license tions (IAD). The Regional will prepare and cannot be surrendered except that and send an IAD to the applicant fol- pot gear Pacific cod endorsements lowing the expiration of the 60-day evi- specified on groundfish LLP licenses dentiary period if the Regional Admin- listed in Column C of Table 9 to this istrator determines that the informa- part, can be permanently surrendered, tion or evidence provided by the appli- removed, and extinguished if: cant fails to support the applicant’s (A) The holder of the groundfish LLP license listed in Column C of Table 9 to claims and is insufficient to rebut the this part requests, in writing, that presumption that the official LLP NMFS permanently remove and extin- record is correct, or if the additional guish all pot gear Pacific cod endorse- information, evidence, or revised appli- ments specified on that LLP license cation is not provided within the time and acknowledges in that written re- period specified in the letter that noti- quest that the surrender and removal fies the applicant of his or her 60-day are permanent and irreversible and evidentiary period. The IAD will indi- that all pot gear Pacific cod endorse- cate the deficiencies in the application, ments on that LLP license are extin- including any deficiencies with the in- guished; formation, the evidence submitted in (B) The holder of the groundfish LLP support of the information, or the re- license listed in Column C of Table 9 to vised application. The IAD will also in- this part requests, in writing, that dicate which claims cannot be ap- NMFS assign a 220-foot (67 m) MLOA proved based on the available informa- on that LLP license; tion or evidence. An applicant who re- (C) The holder of the eligible LLP li- ceives an IAD may appeal pursuant to cense, or the authorized agent, signs § 679.43. An applicant who avails him- the request; self or herself of the opportunity to ap- (D) NMFS receives the written re- peal an IAD will not receive a transfer- quest to permanently remove and ex- able license until after the final resolu- tinguish all pot gear Pacific cod en- tion of that appeal, notwithstanding dorsements specified on the LLP the eligibility of that applicant for groundfish license by February 6, 2017; some claims based on consistent infor- and mation in the application. (E) The written request is submitted (ix) Issuance of a non-transferable li- to NMFS using one of the following cense. The Regional Administrator will methods: issue a non-transferable license to the (1) Mail: Regional Administrator, c/o applicant on issuance of an IAD if re- Restricted Access Management Pro- quired by the license renewal provi- gram, NMFS, P.O. Box 21668, Juneau, sions of 5 U.S.C. 558. A non-transferable AK 99802–1668; license authorizes a person to deploy a (2) Fax: 907–586–7354; or vessel to conduct directed fishing for (3) Hand delivery or carrier: NMFS, license limitation groundfish or crab Room 713, 709 West 9th Street, Juneau, species as specified on the non-trans- AK 99801. ferable license, and will have the spe- (7) Transfer of a groundfish license or a cific endorsements and designations crab species license—(i) General. The Re- based on the claims in his or her appli- gional Administrator will transfer a cation. A non-transferable license will groundfish license, Aleutian Island expire upon final agency action. area endorsement as described under

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paragraph (k)(7)(viii)(A) of this section, fer a groundfish license, Aleutian Is- or a crab species license if a complete land area endorsement as described transfer application is submitted to under paragraph (k)(7)(viii)(A) of this Restricted Access Management, Alaska section, or a crab species license based Region, NMFS, and if the transfer on a court order, operation of law, or a meets the eligibility criteria as speci- security agreement if the Regional Ad- fied in paragraph (k)(7)(ii) of this sec- ministrator determines that the trans- tion. A transfer application form may fer application is complete and the be requested from the Regional Admin- transfer will not violate any of the pro- istrator. visions of this section. (ii) Eligibility criteria for transfers. A (vi) Voluntary transfer limitation. A groundfish license, Aleutian Island groundfish license, Aleutian Island area endorsement as described under area endorsement as described under paragraph (k)(7)(viii)(A) of this section, paragraph (k)(7)(viii)(A) of this section, or crab species license can be trans- or a crab species license may be volun- ferred if the following conditions are tarily transferred only once in any cal- met: endar year. A voluntary transfer is a (A) The designated transferee is eligi- transfer other than one pursuant to a ble to document a fishing vessel under court order, operation of law, or a secu- Chapter 121, Title 46, U.S.C.; rity agreement. An application for (B) The parties to the transfer do not transfer that would cause a person to have any fines, civil penalties, other exceed the transfer limit of this provi- payments due and outstanding, or out- sion will not be approved. A transfer of standing permit sanctions resulting an Aleutian Island area endorsement as from Federal fishing violations; described under paragraph (C) The transfer will not cause the (k)(7)(viii)(A) of this section to another designated transferee to exceed the li- LLP license, or the transfer of a cense caps in § 679.7(i); and groundfish license with an Aleutian Is- (D) The transfer does not violate any land area endorsement as described other provision specified in this part. under paragraph (k)(7)(viii)(A) of this (iii) Contents of application. To be section attached to it will be consid- complete, an application for a ground- ered to be a transfer of that Aleutian fish license, Aleutian Island area en- Island area endorsement. dorsement as described under para- (vii) Request to change the designated graph (k)(7)(viii)(A) of this section vessel. (A) A request to change the ves- transfer, or a crab species license sel designated on an LLP groundfish or transfer must be legible, have nota- crab species license must be made on a rized and dated signatures of the appli- transfer application. If this request is cants, and the applicants must attest approved and made separately from a that, to the best of the applicant’s license transfer, it will count towards knowledge, all statements in the appli- the annual limit on voluntary transfers cation are true. An application to specified in paragraph (k)(7)(vi) of this transfer will be provided by NMFS, or section. is available on the NMFS Alaska Re- (B) A request to change the vessel gion website at http:// designated on an Amendment 80 LLP alaskafisheries.noaa.gov. The acceptable license or an Amendment 80 LLP/QS li- submittal methods will be specified on cense must be made on an Application the application form. for Amendment 80 Replacement Vessel (iv) Incomplete applications. The Re- in accordance with § 679.4(o)(4)(ii). The gional Administrator will return an in- MLOA modification specified at para- complete transfer application to the graph (k)(3)(i)(C) of this section will be applicant and identify any deficiencies effective when a complete application if the Regional Administrator deter- is submitted to NMFS in accordance mines that the application does not with paragraph (k)(7) of this section, meet all the criteria identified in para- and the application is approved by the graph (k)(7) of this section. Regional Administrator. (v) Transfer by court order, operation of (viii) Severability of licenses. (A) Area law, or as part of a security agreement. endorsements or area/species endorse- The Regional Administrator will trans- ments specified on a license are not

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severable from the license and must be vessel that did not have an FFP during transferred together, except that Aleu- the period beginning January 1, 1988, tian Island area endorsements on a through October 8, 1998, may replace groundfish license with a trawl gear the vessel from which the documented designation issued under the provisions harvests were made with another ves- of paragraph (k)(4)(ix)(A) of this sec- sel that meets the vessel designation tion and that are assigned to a ground- and MLOA requirements specified on fish license with an MLOA of less than the LLP license if the original quali- 60 feet LOA may be transferred sepa- fying vessel is lost or destroyed. rately from the groundfish license to (8) Other provisions. (i) Any person which that Aleutian Island area en- committing, or a fishing vessel used in dorsement was originally issued to an- the commission of, a violation of the other groundfish license provided that Magnuson-Stevens Fishery Conserva- the groundfish license to which that tion and Management Act or any regu- Aleutian Island endorsement is trans- lations issued pursuant thereto, is sub- ferred: ject to the civil and criminal penalty (1) Was not derived in whole or in provisions and the civil forfeiture pro- part from the qualifying fishing his- visions of the Magnuson-Stevens Fish- tory of an AFA vessel; ery Conservation and Management Act, (2) Has a catcher vessel designation; part 621 of this chapter, 15 CFR part 904 (3) Has a trawl gear designation; (Civil Procedure), and other applicable (4) Has an MLOA of less than 60 feet law. Penalties include, but are not lim- LOA; and ited to, permanent or temporary sanc- (5) A complete transfer application is tions to licenses. submitted to the Regional Adminis- (ii) Notwithstanding the provisions of trator as described under this para- the license limitation program in this graph (k)(7), and that application is ap- part, vessels fishing for species other proved. than license limitation groundfish as (B) A groundfish license and a crab defined in § 679.2 that were authorized species license issued based on the under Federal regulations to inciden- legal landings of the same vessel and tally catch license limitation ground- initially issued to the same qualified fish without a Federal fisheries permit person are not severable and must be described at § 679.4(b) will continue to transferred together. be authorized to catch the maximum (ix) Other transfer restrictions. The retainable bycatch amounts of license transfer of a LLP license that was limitation groundfish as provided in issued based on the documented har- this part without a groundfish license. vests from a vessel that did not have (iii) An eligible applicant, who quali- an FFP during the period beginning fies for a groundfish license or crab January 1, 1988, through October 8, species license but whose vessel on 1998, must be accompanied by the ves- which the eligible applicant’s qualifica- sel from which the documented har- tion was based was lost or destroyed, vests were made or its replacement will be issued a license. This license: vessel, or if the LLP license and vessel (A) Will have the vessel designation were separated by transfer prior to of the lost or destroyed vessel. February 7, 1998, then by the vessel (B) Cannot be used to conduct di- that is currently being deployed by the rected fishing for license limitation license holder. The Regional Adminis- groundfish or to conduct directed fish- trator will deny a transfer application ing for crab species on a vessel that has that requests the transfer of a LLP li- an LOA greater than the MLOA des- cense that was issued based on the doc- ignated on the license. umented harvests from a vessel that (iv) A qualified person who owned a did not have an FFP during the period vessel on June 17, 1995, that made a beginning January 1, 1988, through Oc- documented harvest of license limita- tober 8, 1998, if the appropriate vessel is tion groundfish, or crab species if ap- not being transferred as part of the plicable, between January 1, 1988, and same transaction. A license holder of February 9, 1992, but whose vessel was an LLP license that was issued based unable to meet all the criteria in para- on the documented harvests from a graph (k)(4) of this section for a

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groundfish license or paragraph (k)(5) (E) Any amount of license limitation of this section for a crab species license groundfish or appropriate crab species because of an unavoidable cir- was harvested on the vessel in the spe- cumstance (i.e., the vessel was lost, cific area that corresponds to the area damaged, or otherwise unable to par- endorsement or area/species endorse- ticipate in the license limitation ment for which the qualified person groundfish or crab fisheries) may re- who owned a vessel on June 17, 1995, is ceive a license if the qualified person is applying and that the license limita- able to demonstrate that: tion groundfish or crab species was (A) The owner of the vessel at the harvested after the vessel was pre- time of the unavoidable circumstance vented from participating by the un- held a specific intent to conduct di- avoidable circumstance but before rected fishing for license limitation June 17, 1995. groundfish or crab species with that (v) A groundfish license or a crab spe- vessel during a specific time period in cies license may be used on a vessel a specific area. that complies with the vessel designa- (B) The specific intent to conduct di- tion on the license and that does not rected fishing for license limitation exceed the MLOA on the license. groundfish or crab species with that (9) Pacific cod endorsements in the vessel was thwarted by a circumstance BSAI—(i) General. In addition to other that was: requirements of this part, and unless specifically exempted in paragraph (1) Unavoidable. (k)(9)(iv) of this section, a license hold- (2) Unique to the owner of that ves- er must have a Pacific cod endorse- sel, or unique to that vessel. ment on his or her groundfish license (3) Unforeseen and reasonably unfore- to conduct directed fishing for Pacific seeable to the owner of the vessel. cod with hook-and-line or pot gear in (C) The circumstance that prevented the BSAI. A license holder can only use the owner from conducting directed the specific non-trawl gear(s) indicated fishing for license limitation ground- on his or her license to conduct di- fish or crab species actually occurred. rected fishing for Pacific cod in the (D) Under the circumstances, the BSAI. owner of the vessel took all reasonable (ii) Eligibility requirements for a Pacific steps to overcome the circumstance cod endorsement. This table provides eli- that prevented the owner from con- gibility requirements for Pacific cod ducting directed fishing for license lim- endorsements on an LLP groundfish li- itation groundfish or crab species. cense:

To receive a And the license holder Then the license holder Pacific cod If a license holder’s li- harvested Pacific cod in must demonstrate that In . . . endorsement that cense has a . . . the BSAI with . . . he or she harvested at authorizes least . . . harvest with . . .

(A) Catcher vessel des- Hook-and-line gear or 7.5 mt of Pacific cod in In any one of the years Hook-and-line gear. ignation. jig gear. the BSAI. 1995, 1996, 1997, 1998, or 1999. (B) Catcher vessel des- Pot gear or jig gear ...... 100,000 lb of Pacific In each of any two of Pot gear. ignation. cod in the BSAI. the years 1995, 1996, 1997, 1998, or 1999. (C) Catcher/processor Hook-and-line gear ...... 270 mt of Pacific cod in In any one of the years Hook-and-line gear. vessel designation. the BSAI. 1996, 1997, 1998, or 1999. (D) Catcher/processor Pot gear ...... 300,000 lb of Pacific In each of any two of Pot gear. vessel designation. cod in the BSAI. the years 1995, 1996, 1997, or 1998.

(iii) Explanations for Pacific cod en- (B) Discards will not count toward dorsements. (A) All eligibility amounts eligibility amounts in the table at in the table at paragraph (k)(9)(ii) of paragraph (k)(9)(ii) of this section. this section will be determined based on round weight equivalents.

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(C) Pacific cod harvested for personal (C) Any catch of Pacific cod for per- bait use will not count toward eligi- sonal use bait. bility amounts in the table at para- (v) Combination of landings and hard- graph (k)(9)(ii) of this section. ship provision. Notwithstanding the eli- (D) A legal landing of Pacific cod in gibility requirements in paragraph the BSAI for commercial bait will (k)(9)(ii) of this section, a license hold- count toward eligibility amounts in er may be eligible for a Pacific cod en- the table at paragraph (k)(9)(ii) of this dorsement by meeting the following section. criteria. (E) Harvests within the BSAI will (A) Combination of landings. A license count toward eligibility amounts in holder may combine the landings of a the table at paragraph (k)(9)(ii) of this sunken vessel and the landings of a section; however, a license holder will vessel obtained to replace a sunken only be able to harvest Pacific cod in vessel to satisfy the eligibility the specific areas in the BSAI for amounts in the table at paragraph which he or she has an area endorse- (k)(9)(ii) of this section only if he or ment. she meets the requirements in para- (F) Harvests within the BSAI Would graphs (k)(9)(v)(A)(1)–(4) of this section. count toward eligibility amounts in No other combination of landings will the table at paragraph (k)(9)(ii) of this satisfy the eligibility amounts in the table at paragraph (k)(9)(ii) of this sec- section if: tion. (1) Those harvests were made from (1) The sunken vessel was used as the the vessel that was used as the basis of basis of eligibility for the license hold- eligibility for the license holder’s LLP er’s groundfish license; groundfish license, or (2) The sunken vessel sank after Jan- (2) Those harvests were made from a uary 1, 1995; vessel that was not the vessel used as (3) The vessel obtained to replace the the basis of eligibility for the license sunken vessel was obtained by Decem- holder’s LLP groundfish license, pro- ber 31 of the year 2 years after the vided that, at the time the endorse- sunken vessel sank; and ment-qualifying Pacific cod harvests (4) The length of the vessel obtained were made, the person who owned such to replace the sunken vessel does not Pacific cod endorsement-qualifying exceed the MLOA specified on the li- fishing history also owned the fishing cense holder’s groundfish license. history of a vessel that satisfied the re- (B) Hardship provision. A license hold- quirements for the LLP groundfish li- er may be eligible for a Pacific cod en- cense. dorsement because of unavoidable cir- (3) Notwithstanding the provisions of cumstances if he or she meets the re- paragraph (k)(9)(iii)(F)(2) of this sec- quirements in paragraphs tion, the LLP groundfish license quali- (k)(9)(v)(B)(1)–(4) of this section. For fying history or the Pacific cod quali- purposes of this hardship provision, the fying history of any one vessel may not term license holder includes the person be used to satisfy the requirements for whose landings were used to meet the issuance of more than one LLP ground- eligibility requirements for the license fish license endorsed for the BSAI Pa- holder’s groundfish license, if not the cific cod hook-and-line or pot gear fish- same person. eries. (1) The license holder at the time of (G) Except as provided in paragraph the unavoidable circumstance held a 679.4(k)(9)(iii)(D), only harvests of specific intent to conduct directed fish- BSAI Pacific cod in the directed fish- ing for BSAI Pacific cod in a manner ery will count toward eligibility sufficient to meet the landing require- amounts. ments in the table at paragraph (iv) Exemptions to Pacific cod endorse- (k)(9)(ii) of this section but that this ments. (A) Any vessel exempted from intent was thwarted by a circumstance the License Limitation Program at that was: paragraph (k)(2) of this section. (i) Unavoidable; (B) Any catcher vessel less than 60 ft (ii) Unique to the license holder, or (18.3 m) LOA. unique to the vessel that was used as

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the basis of eligibility for the license (10) Pacific cod endorsements in the holder’s groundfish license; and Western and Central GOA—(i) General. (iii) Unforeseen and reasonably un- In addition to other requirements of foreseeable to the license holder. this part, and unless specifically ex- (2) The circumstance that prevented empted in paragraph (k)(10)(iv) of this the license holder from conducting di- section, a license holder must have a rected fishing for BSAI Pacific cod in a Pacific cod endorsement on his or her manner sufficient to meet the landing groundfish license to conduct directed requirements in paragraph (k)(9)(ii) ac- fishing for Pacific cod in the Western tually occurred; Gulf of Alaska or Central Gulf of Alas- (3) The license holder took all reason- ka with hook-and-line gear, pot gear, able steps to overcome the cir- or jig gear on a vessel using more than cumstance that prevented the license holder from conducting directed fish- five jig machines, more than one line ing for BSAI Pacific cod in a manner per machine, and more than 30 hooks sufficient to meet the landing require- per line. A license holder can only use ments in paragraph (k)(9)(ii) of this the specific non-trawl gear(s) indicated section; and on his or her license to conduct di- (4) Any amount of Pacific cod was rected fishing for Pacific cod in the harvested in the BSAI aboard the ves- Western Gulf of Alaska or Central Gulf sel that was used as the basis of eligi- of Alaska. bility for the license holder’s ground- (ii) Eligibility requirements for a Pacific fish license after the vessel was pre- cod endorsement. This table provides eli- vented from participating by the un- gibility requirements for Pacific cod avoidable circumstance but before endorsements on an LLP groundfish li- April 16, 2000. cense:

To receive a Pacific And that And the From cod endorsement If a license holder’s license license holder Then the license holder January 1, 2002, that authorizes license has a*** has an harvested must demonstrate that through harvest in the MLOA Pacific cod he or she*** December 8, 2008, directed Pacific cod of*** with*** in*** fishery with***

(A) Catcher vessel <60 feet ... hook-and-line legally landed at least 10 mt the Central Gulf of hook-and-line gear designation. gear. of Pacific cod in the di- Alaska. in the Central Gulf rected Pacific cod fishery. of Alaska. (B) Catcher vessel ≥60 feet ... hook-and-line legally landed at least 50 mt the Central Gulf of hook-and-line gear designation. gear. of Pacific cod in the di- Alaska. in the Central Gulf rected Pacific cod fishery. of Alaska. (C) Catcher vessel <60 feet ... hook-and-line legally landed at least 10 mt the Western Gulf hook-and-line gear designation. gear. of Pacific cod in the di- of Alaska. in the Western rected Pacific cod fishery. Gulf of Alaska. (D) Catcher vessel ≥60 feet ... hook-and-line legally landed at least 50 mt the Western Gulf hook-and-line gear designation. gear. of Pacific cod in the di- of Alaska. in the Western rected Pacific cod fishery. Gulf of Alaska. (E) Catcher vessel <60 feet ... pot gear ...... legally landed at least 10 mt the Central Gulf of pot gear in the Cen- designation. of Pacific cod in the di- Alaska. tral Gulf of Alaska. rected Pacific cod fishery. (F) Catcher vessel ≥60 feet ... pot gear ...... legally landed at least 50 mt the Central Gulf of pot gear in the Cen- designation. of Pacific cod in the di- Alaska. tral Gulf of Alaska. rected Pacific cod fishery. (G) Catcher vessel <60 feet ... pot gear ...... legally landed at least 10 mt the Western Gulf pot gear in the designation. of Pacific cod in the di- of Alaska. Western Gulf of rected Pacific cod fishery. Alaska. (H) Catcher vessel ≥60 feet ... pot gear ...... legally landed at least 50 mt the Western Gulf pot gear in the designation. of Pacific cod in the di- of Alaska. Western Gulf of rected Pacific cod fishery. Alaska. (I) Catcher vessel des- any ...... jig gear ...... at least one legal landing of the Central Gulf of jig gear in the Cen- ignation. Pacific cod in the directed Alaska. tral Gulf of Alaska. Pacific cod fishery. (J) Catcher vessel any ...... jig gear ...... at least one legal landing of the Western Gulf jig gear in the West- designation. Pacific cod in the directed of Alaska. ern Gulf of Alaska. Pacific cod fishery. (K) Catcher/Processor any ...... hook-and-line legally landed at least 50 mt the Central Gulf of hook-and-line gear vessel designation. gear. of Pacific cod in the di- Alaska. in the Central Gulf rected Pacific cod fishery. of Alaska.

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To receive a Pacific And that And the From cod endorsement If a license holder’s license license holder Then the license holder January 1, 2002, that authorizes license has a*** has an harvested must demonstrate that through harvest in the MLOA Pacific cod he or she*** December 8, 2008, directed Pacific cod of*** with*** in*** fishery with***

(L) Catcher/Processor any ...... hook-and-line legally landed at least 50 mt the Western Gulf hook-and-line gear vessel designation. gear. of Pacific cod in the di- of Alaska. in the Western rected Pacific cod fishery. Gulf of Alaska. (M) Catcher/Processor any ...... pot gear ...... legally landed at least 50 mt the Central Gulf of pot gear in the Cen- vessel designation. of Pacific cod in the di- Alaska. tral Gulf of Alaska. rected Pacific cod fishery. (N) Catcher/Processor any ...... pot gear ...... legally landed at least 50 mt the Central Gulf of pot gear in the Cen- vessel designation. of Pacific cod in the di- Alaska. tral Gulf of Alaska. rected Pacific cod fishery. (O) Catcher/Processor any ...... jig gear ...... at least one legal landing in the Central Gulf of jig gear in the Cen- vessel designation. the directed Pacific cod Alaska. tral Gulf of Alaska. fishery. (P) Catcher/Processor any ...... jig gear ...... at least one legal landing in the Western Gulf jig gear in the West- vessel designation. the directed Pacific cod of Alaska. ern Gulf of Alaska. fishery.

(iii) Explanations for Pacific cod en- (v) Non-trawl gear recent participation dorsements. (A) All eligibility amounts official record. (A) The official record in the table at paragraph (k)(10)(ii) of will contain all information used by this section will be determined based the Regional Administrator to deter- on round weight equivalents. mine the following: (B) NMFS shall assign a legal landing (1) The number of legal landings and to a groundfish license in an area based amount of legal landings assigned to a only on information contained in the groundfish license for purposes of the official record described in paragraph non-trawl gear designation participa- (k)(10)(v) of this section. tion requirements described in para- (C) Notwithstanding the eligibility graph (k)(10)(ii) of this section; amount in the table at paragraph (k)(10)(ii) of this section, NMFS shall (2) All other relevant information assign a non-trawl Pacific cod endorse- necessary to administer the require- ment with a catcher/processor and a ments described in paragraphs hook-and-line gear designation in the (k)(3)(i)(B) and (k)(10) of this section. regulatory areas specified to those (B) The official record is presumed to groundfish licenses listed in Table 49 to be correct. A groundfish license holder part 679; has the burden to prove otherwise. (D) If a groundfish license meets the (C) Only legal landings as defined in criteria described in paragraph § 679.2 and documented on State of (k)(3)(i)(B)(2) of this section and NMFS Alaska fish tickets or NMFS weekly has redesignated the MLOA of that production reports will be used to as- groundfish license based on those cri- sign legal landings to a groundfish li- teria, then NMFS may assign a non- cense. trawl Pacific cod endorsement with the (D) If more than one groundfish li- specific gear designation(s) and regu- cense holder is claiming the same legal latory area(s) applicable to the redesig- landing because their groundfish li- nated MLOA of that groundfish license cense designated the vessel at the time based on the eligibility criteria estab- that the legal landing was made, then lished in paragraph (k)(10)(ii) of this section; and each groundfish license for which the (E) NMFS may issue groundfish li- legal landing is being claimed will be censes with non-trawl Pacific cod en- credited with the legal landing. dorsements to CQEs as specified in (E) The Regional Administrator will paragraph (k)(10)(vi) of this section. specify by letter a 30-day evidentiary (iv) Exemptions to Pacific cod endorse- period during which an applicant may ments. Any vessel exempted from the provide additional information or evi- License Limitation Program at para- dence to amend or challenge the infor- graph (k)(2) of this section. mation in the official record. A person

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will be limited to one 30-day evi- regulatory area specified for a commu- dentiary period. Additional informa- nity as listed in Table 21 to part 679. tion or evidence received after the 30- (B) The application for a CQE to re- day evidentiary period specified in the ceive a groundfish license must in- letter has expired will not be consid- clude: ered for purposes of the initial admin- (1) Name of contact person(s) for the istrative determination (IAD). CQE, NMFS person number, permanent (F) The Regional Administrator will business mailing addresses, business prepare and send an IAD to the appli- phone, business e-mail, and business cant following the expiration of the 30- fax; day evidentiary period if the Regional (2) A statement describing the proce- Administrator determines that the in- dures that will be used to determine formation or evidence provided by the the distribution of LLP licenses to person fails to support the person’s residents of the community rep- claims and is insufficient to rebut the resented by that CQE; presumption that the official record is (3) Procedures used to solicit re- correct, or if the additional informa- quests from residents to be assigned an tion, evidence, or revised application is LLP license; (4) Criteria used to determine the dis- not provided within the time period tribution of the use of LLP licenses specified in the letter that notifies the among qualified community residents applicant of his or her 30-day evi- and the relative weighting of those cri- dentiary period. The IAD will indicate teria; and the deficiencies with the information, (5) The gear designation of ground- or with the evidence submitted in sup- fish license for which the CQE is apply- port of the information. The IAD will ing provided that the community for also indicate which claims cannot be which the CQE is applying is eligible to approved based on the available infor- receive a groundfish license designated mation or evidence. A person who re- for the Central Gulf of Alaska and the ceives an IAD may appeal pursuant to application to receive a groundfish li- § 679.43. A person who avails himself or cense has been received by NMFS not herself of the opportunity to appeal an later than six months after April 21, IAD will receive a non-transferable li- 2011. cense pending the final resolution of (C) A groundfish license approved for that appeal, notwithstanding the eligi- issuance to a CQE by the Regional Ad- bility of that applicant for some claims ministrator for a community listed in based on consistent information in the Table 21 to part 679: official record. (1) May not be transferred to any per- (vi) Issuance of non-trawl groundfish son from the CQE; licenses to CQEs. (A) Each CQE that has (2) Will have only the regional des- been approved by the Regional Admin- ignation specified for that community istrator under the requirements of as listed in Table 21 to part 679; § 679.41(l)(3) to represent a community (3) Will have an MLOA of 60 feet spec- listed in Table 21 to part 679 that is eli- ified on the license; gible for Pacific cod endorsed non- (4) Will have only a catcher vessel trawl groundfish licenses, may apply to designation; receive the maximum number of (5) Will receive only a non-trawl gear groundfish licenses listed in Table 21 to endorsement; part 679 on behalf of the eligible com- (6) Will be assigned a Pacific cod en- munities listed in Table 21 to part 679 dorsement with a non-trawl gear des- that CQE is designated to represent. In ignation as specified in paragraph order to receive a groundfish license, a (k)(10)(vi)(D) of this section. CQE must submit a complete applica- (7) May not be assigned to any vessel tion for a groundfish license to the Re- other than the vessel specified for that gional Administer, NMFS, P.O. Box groundfish license in the annual CQE 21668, Juneau, AK 99802. A CQE may authorization letter; not apply for, and may not receive (8) May not be assigned for use by more than the maximum number of any person(s) other than the person(s) groundfish licenses designated in the specified for that groundfish license in

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the annual CQE authorization letter, community listed in Table 21 to part or any subsequent amendment to that 679. authorization letter that is made by (2) NMFS will issue either a pot gear the CQE provided that NMFS receives or a hook-and-line gear Pacific cod en- that amendment prior to that person dorsement for a groundfish license with using that groundfish license aboard a a Central Gulf of Alaska designation to vessel; and CQEs on behalf of a community listed (9) May not be assigned to more than in Table 21 to part 679 based on the ap- one vessel per calendar year. plication for a groundfish license as de- (D) The CQE must provide a copy of scribed in paragraph (k)(10)(vi)(B) of the annual CQE authorization letter, this section provided that application and any subsequent amendment to that is received by NMFS not later than six authorization letter that is made by months after April 21, 2011. If an appli- the CQE to NMFS and the vessel oper- cation to receive a groundfish license ator prior to the person(s) designated with a Central Gulf of Alaska designa- in the authorization letter using that groundfish license aboard a vessel. The tion on behalf of a community listed in vessel operator must maintain a copy Table 21 to part 679 is received later of the annual CQE authorization letter, than six months after April 21, 2011, and any subsequent amendment to that NMFS will issue an equal number of authorization letter that is made by pot gear and hook-and-line gear Pacific the CQE onboard the vessel when that cod endorsements for a groundfish li- vessel is directed fishing for Pacific cod cense issued to the CQE on behalf of a under the authority of that groundfish community listed in Table 21 to part license. The authorization letter, and 679. In cases where the total number of any subsequent amendment to that au- groundfish licenses issued on behalf of thorization letter must be sent to the a community listed in Table 21 to part Regional Administrator, NMFS, P.O. 679 is not even, NMFS will issue one Box 21668, Juneau, AK 99802. more groundfish license with a pot gear (E) The CQE must attest in the an- Pacific cod endorsement than the num- nual CQE authorization letter, or any ber of groundfish licenses with a hook- subsequent amendment to that author- and-line gear Pacific cod endorsement. ization letter, that the person(s) using (G) An annual report on the use of a groundfish license issued to a CQE: Pacific cod endorsed non-trawl ground- (1) Is a citizen of the United States; fish licenses shall be submitted by the (2) Has maintained a domicile in a CQE as required at § 679.5(t). CQE community in the Central GOA or (vii) Additional endorsements for Western GOA eligible to receive an groundfish license holders eligible to par- LLP license endorsed for Pacific cod ticipate in the Western and/or Central for the 12 consecutive months imme- GOA Pacific cod fisheries—(A) Require- diately preceding the time when the as- ments. A license limitation groundfish sertion of residence is made; and license holder can elect to permanently (3) Is not claiming residency in an- add a catcher vessel endorsement for other community, state, territory, or Pacific cod for the same gears and country, except that residents of the areas for which the license is currently Village of Seldovia shall be considered endorsed, for the Western and/or Cen- to be eligible community residents of the City of Seldovia for the purposes of tral GOA if the license holder— eligibility to serve as an authorized (1) Is operating under the authority person. of a groundfish license endorsed for Pa- (F) Non-trawl Pacific cod gear en- cific cod in Western and Central GOA, dorsements on groundfish licenses ap- as described at paragraphs (k)(4)(vi) or proved for issuance to CQEs by the Re- (k)(10)(ii) of this section; gional Administrator shall have the (2) Is endorsed to participate as a following gear designations: catcher/processor in the Western and/or (1) NMFS will issue only pot gear Pa- Central GOA Pacific cod fishery; and, cific cod endorsements for groundfish (3) Made a minimum of one Pacific licenses with a Western Gulf of Alaska cod landing while operating as a catch- designation to CQEs on behalf of a er vessel under the authority of the

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catcher/processor license in Federal re- as described in paragraph (k)(10)(viii) porting areas 610, 620, or 630, from Jan- of this section. uary 1, 2002, through December 31, 2008. (viii) Catcher/processor participation in (4) Or, is the holder of a license limi- the Western GOA and Central GOA offi- tation groundfish license endorsed for cial record. (A) The official record will trawl gear Western and/or Central GOA contain all information used by the Re- and made a minimum of one Pacific gional Administrator to determine the cod landing while operating as a catch- following: er vessel under the authority of the (1) The number and amount of legal catcher/processor license in Federal re- landings made under the authority of porting areas 610, 620, or 630, from Jan- that license by gear type, and oper- uary 1, 2002 through December 31, 2008. ational mode; (B) Additional Central GOA and/or (2) All other relevant information Western GOA catcher vessel endorsement. necessary to administer the require- Any holder of an LLP license that has ments described in paragraphs a catcher vessel endorsement for the (k)(10)(vii)(A)(1) through Western and/or Central GOA under (k)(10)(vii)(A)(3) of this section. paragraph (k)(10)(vii) of this section— (B) The official record is presumed to (1) Will have all directed catch of Pa- be correct. A groundfish license holder cific cod harvested under the authority has the burden to prove otherwise. of that groundfish license accrue (C) For the purposes of creating the against the respective GOA regulatory official record, the Regional Adminis- area catcher vessel allocations; and trator will presume if more than one (2) Will have all incidental catch of person is claiming the same legal land- Pacific cod in the Western GOA or Cen- ing, that each groundfish license for tral GOA Federal reporting areas 610, which the legal landing is being 620, or 630, harvested under the author- claimed will be credited with the legal ity of that groundfish license accrue landing; against the respective GOA regulatory (D) Only legal landings as defined in area catcher vessel allocations. § 679.2 and documented on State of (C) Eligible license holders not electing Alaska Fish Tickets or NMFS weekly to add catcher vessel endorsement(s). Any production reports will be used to as- holder of an LLP license that does not sign legal landings to a groundfish li- have a catcher vessel endorsement for cense. the Western and/or Central GOA under (E) The Regional Administrator will (k)(10)(vii) of this section may partici- specify by letter a 30-day evidentiary pate in the Western GOA or Central period during which an applicant may GOA directed Pacific cod fishery as a provide additional information or evi- catcher/processor or a catcher vessel; dence to amend or challenge the infor- however, direct and incidental catch of mation in the official record. A person Pacific cod in the Western GOA and will be limited to one 30-day evi- Central GOA will accrue against the re- dentiary period. Additional informa- spective catcher/processor allocation. tion or evidence received after the 30- (D) Multiple or stacked LLP licenses. day evidentiary period specified in the For a vessel that does not meet the re- letter has expired will not be consid- quirements at paragraph (k)(10)(vii) of ered for purposes of the initial admin- this section but does have multiple, istrative determination. stacked, LLP licenses and one of those (F) The Regional Administrator will stacked licenses is endorsed as a catch- prepare and send an IAD to the appli- er/processor eligible to harvest Pacific cant following the expiration of the 30- cod in the Western GOA or Central day evidentiary period if the Regional GOA Federal reporting areas 610, 620, or Administrator determines that the in- 630, all catch will accrue against the formation or evidence provided by the catcher/processor sector allocation for person fails to support the person’s that gear type. claims and is insufficient to rebut the (E) Catch history. NMFS will assign presumption that the official record is legal landings to each groundfish li- correct, or if the additional informa- cense for an area based only on infor- tion, evidence, or revised application is mation contained in the official record not provided within the time period

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specified in the letter that notifies the lowfin sole directed fishery endorse- applicant of his or her 30-day evi- ment in order to conduct directed fish- dentiary period. The IAD will indicate ing for yellowfin sole with trawl gear the deficiencies with the information, in the BSAI Trawl Limited Access Sec- or the evidence submitted in support of tor fishery and deliver the catch to a the information. The IAD will also in- mothership. A vessel designated on a dicate which claims cannot be ap- groundfish LLP license with trawl and proved based on the available informa- catcher/processor vessel designations tion or evidence. A person who receives and a BSAI TLAS yellowfin sole di- an IAD may appeal pursuant to § 679.43. rected fishery endorsement may oper- A person who avails himself or herself ate as a catcher vessel and deliver its of the opportunity to appeal an IAD catch of yellowfin sole harvested in the that is accepted by the National Ap- directed BSAI TLAS fishery to a peals Office will receive a non-transfer- mothership, or operate as a catcher/ able license pending the final resolu- processor and catch and process its tion of that appeal, notwithstanding own catch in this fishery. the eligibility of that applicant for (ii) Eligibility requirements for a BSAI some claims based on consistent infor- TLAS yellowfin sole directed fishery en- mation in the official record. dorsement. (A) A groundfish LLP li- (11) Restrictions on licenses earned on cense is eligible to receive a BSAI AFA catcher vessels and listed AFA TLAS yellowfin sole directed fishery catcher/processors. No person may use endorsement if the groundfish LLP li- an LLP license that was derived in cense: whole or in part from the qualifying (1) Had a vessel designated on it, in fishing history of an AFA catcher ves- any year from 2008 through 2015, that sel or a listed AFA catcher/processor to made at least one legal trip target fish for groundfish or crab on a non- landing of yellowfin sole in the BSAI AFA catcher vessel or non-AFA catch- TLAS directed fishery to a mothership er/processor. NMFS will identify all in any one year from 2008 through 2015, such licenses affected by this restric- inclusive, where a trip target is the tion and inform the holders of such li- groundfish species for which the re- censes of this restriction through a re- tained amount of that groundfish spe- striction printed on the face of the li- cies is greater than the retained cense. amount of any other groundfish species (12) Rockfish QS—(i) General. In addi- for that trip; tion to other requirements of this part, (2) Has a Bering Sea area endorse- a license holder must have rockfish QS ment and a trawl gear designation; and assigned to his or her groundfish LLP (3) Is credited by NMFS with a legal license to conduct directed fishing for trip target landing specified in para- rockfish primary species and rockfish graph (k)(14)(ii)(A)(1) of this section. secondary species with trawl gear. (B) If a vessel specified in paragraph (ii) Eligibility requirements for rockfish (k)(14)(ii)(A)(1) of this section was des- QS. The eligibility requirements to re- ignated on more than one groundfish ceive rockfish QS are established in LLP license from 2008 through 2015 and § 679.80(b). made at least one legal trip target (13) Amendment 80 Program. In addi- landing in a BSAI TLAS directed fish- tion to other requirements of this part, ery from 2008 through 2015, the vessel a license holder must have an Amend- owner must specify to NMFS only one ment 80 LLP license to conduct fishing of those groundfish LLP licenses to re- for an Amendment 80 species assigned ceive credit with the legal trip target to the Amendment 80 sector. landing(s) specified in paragraph (14) Yellowfin sole trawl limited access (k)(14)(ii)(A)(1) of this section. sector (TLAS) directed fishery endorse- (iii) Explanations for BSAI TLAS yel- ment in the BSAI—(i) General. In addi- lowfin sole directed fishery endorsement. tion to other requirements of this part, (A) NMFS will determine whether a and unless specifically exempted in groundfish LLP license is eligible to paragraph (k)(2) of this section, a ves- receive a BSAI TLAS yellowfin sole di- sel must be designated on a groundfish rected fishery endorsement under para- LLP license that has a BSAI TLAS yel- graph (k)(14)(ii) of this section based

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only on information contained in the Column A of Table 52 to this part a no- official record described in paragraph tice of eligibility to receive a BSAI (k)(14)(v) of this section. TLAS yellowfin sole directed fishery (B) NMFS will credit a groundfish endorsement and a revised groundfish LLP license with a legal trip target LLP license with a BSAI TLAS yel- landing specified in paragraph lowfin sole directed fishery endorse- (k)(14)(ii)(A)(1) of this section if that ment. groundfish LLP license was the only (B) NMFS will issue to the holder of groundfish LLP license on which the each groundfish LLP license endorsed vessel was designated from 2008 to use trawl gear in the Bering Sea and through 2015. If a vessel that made at designated in Column A of Table 53 to least one legal trip target landing spec- this part a notice of eligibility to be ified in paragraph (k)(14)(ii)(A)(1) of credited with a legal trip target land- this section was designated on more ing specified in (k)(14)(ii)(A)(1) of this than one groundfish LLP license from section. 2008 through 2015 and made at least one (1) NMFS will also issue to the owner legal trip target landing in a BSAI of the vessel designated on the ground- TLAS directed fishery from 2008 fish LLP licenses in Column A of Table through 2015, the vessel owner must no- 53 a notice of eligibility for the two tify NMFS which one of those ground- listed groundfish LLP licenses to be fish LLP licenses NMFS is to credit credited with a legal trip target land- with the legal trip target landing(s) ing specified in (k)(14)(ii)(A)(1) of this specified in paragraph (k)(14)(ii)(A)(1) section. The notice to the vessel owner of this section. will provide instructions for the vessel (C) Trip target landings will be deter- owner to select the one groundfish LLP mined based on round weight equiva- license that NMFS is to credit with the lents. legal trip target landing specified in (iv) Exemptions to BSAI TLAS yel- (k)(14)(ii)(A)(1) of this section. lowfin sole endorsements. Any vessel ex- (2) The holder of a groundfish LLP li- empted from the License Limitation cense in Column A of Table 53 will re- Program at paragraph (k)(2) of this sec- ceive a revised groundfish LLP license tion is exempted from the requirement with a BSAI TLAS yellowfin sole di- to have a BSAI TLAS yellowfin sole rected fishery endorsement if: endorsement to deliver catch of BSAI (i) The owner of the vessel designated TLAS yellowfin sole to a mothership on the groundfish LLP license requests for processing. in writing that NMFS credit that (v) BSAI TLAS yellowfin sole participa- groundfish LLP license with the legal tion official record. (A) The official trip target landing specified in para- record will contain all information graph (k)(14)(ii)(A)(1) of this section; used by the Regional Administrator (ii) The vessel owner, or the author- that is necessary to administer the re- ized agent, signs the request; quirements described in paragraph (iii) The written request is submitted (k)(14) of this section. to NMFS using one of the following (B) The official record is presumed to methods: Mail at Regional Adminis- be correct. A groundfish LLP license trator, c/o Restricted Access Manage- holder has the burden to prove other- ment Program, NMFS, P.O. Box 21668, wise. Juneau, AK 99802–1668; fax at 907–586– (C) Only legal landings as defined in 7352; or hand delivery or carrier at § 679.2 and documented on State of NMFS, Room 713, 709 West 9th Street, Alaska fish tickets or NMFS weekly Juneau, AK 99801; production reports will be used to de- and termine legal trip target landings (iv) NMFS receives the written re- under paragraph (k)(14)(ii)(A)(1) of this quest and credits the groundfish LLP section. license with the legal trip target land- (vi) Process for issuing BSAI TLAS yel- ing specified in paragraph lowfin sole endorsements. (A) NMFS will (k)(14)(ii)(A)(1) of this section. issue to the holder of each groundfish (3) The holder of a groundfish LLP li- LLP license endorsed to use trawl gear cense in Column A of Table 53 that is in the Bering Sea and designated in not selected by the vessel owner will

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receive a notice, using the address on tion, evidence, or revised application is record at the time the notification is not provided within the time period sent, informing the holder that the specified in the letter that notifies the groundfish LLP license was not se- applicant of his or her 30-day evi- lected by the vessel owner, will not be dentiary period. The IAD will indicate credited with a legal trip target land- the deficiencies with the information ing, and will not receive a BSAI TLAS or evidence submitted. The IAD will yellowfin sole endorsement. The notice also indicate which claims cannot be will inform the holder of the ground- approved based on the available infor- fish LLP license of the timing and mation or evidence. A person who re- process through which the holder can ceives an IAD may appeal pursuant to provide additional information or evi- 15 CFR part 906. NMFS will issue a non- dence to amend or challenge the infor- transferable interim license that is ef- mation in the official record of this fective until final agency action on the section as specified in paragraphs IAD to an applicant who avails himself (k)(14)(vi)(D) and (E) of this section. or herself of the opportunity to appeal (C) NMFS will issue to the holder of an IAD and who has a credible claim to a groundfish LLP license with a Bering eligibility for a BSAI TLAS yellowfin Sea trawl designation and that is not sole endorsement. listed in either Table 52 or 53 a notice (l) AFA permits—(1) General—(i) Appli- informing that holder that the ground- cability. In addition to any other per- fish LLP license is not eligible to be mit and licensing requirements set out credited with a legal trip target land- in this part, any vessel used to engage ing or receive a BSAI TLAS yellowfin in directed fishing for a non-CDQ allo- sole directed fishery endorsement cation of pollock in the BS and any based on the official record, using the shoreside processor, stationary floating address on record at the time the noti- processor, or mothership that receives fication is sent. The notice will inform pollock harvested in a non-CDQ di- the holder of the groundfish LLP li- rected pollock fishery in the BS must cense of the timing and process have a valid AFA permit onboard the through which the holder can provide vessel or at the facility location at all additional information or evidence to amend or challenge the information in times while non-CDQ pollock is being the official record of this section, as harvested or processed. In addition, the specified in paragraphs (k)(14)(vi)(D) owner of any vessel that is a member of and (E) of this section. a pollock cooperative in the BS must (D) The Regional Administrator will also have a valid AFA permit for every specify by letter a 30-day evidentiary vessel that is a member of the coopera- period during which an applicant may tive, regardless of whether or not the provide additional information or evi- vessel actually engages in directed dence to amend or challenge the infor- fishing for pollock in the BS. Finally, mation in the official record. A person an AFA permit does not exempt a ves- will be limited to one 30-day evi- sel operator, vessel, or processor from dentiary period. Additional informa- any other applicable permit or licens- tion or evidence received after the 30- ing requirement required under this day evidentiary period specified in the part or in other state or Federal regu- letter has expired will not be consid- lations. ered for purposes of the initial admin- (ii) Duration—(A) Expiration of interim istrative determination (IAD). AFA permits. All interim AFA vessel (E) The Regional Administrator will and processor permits issued prior to prepare and send an IAD to the appli- January 1, 2002, will expire on Decem- cant following the expiration of the 30- ber 31, 2002, unless extended or re- day evidentiary period, if the Regional issued by NMFS. Administrator determines that the in- (B) Duration of final AFA permits. (1) formation or evidence provided by the Except as provided in paragraphs person fails to support the person’s (l)(1)(ii)(B)(2), (l)(1)(ii)(B)(3), claims and is insufficient to rebut the (l)(5)(v)(B)(3), and (l)(6)(iii) of this sec- presumption that the official record is tion, AFA vessel and processor permits correct, or if the additional informa- issued under this paragraph (l) are

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valid indefinitely unless the permit is (iv) Amended permits. AFA vessel and suspended or revoked. processor permits may not be used on (2) An AFA vessel permit is revoked or transferred to any vessel or proc- when the vessel designated on the per- essor that is not listed on the permit. mit is replaced or removed under para- However, AFA permits may be amend- graph (l)(7) of this section. ed by NMFS to reflect any change in (3) In the event of a total loss or con- the ownership of the vessel or proc- structive loss of an AFA vessel, essor after submittal of this informa- (i) The AFA vessel permit that des- tion to NMFS in a written letter. ignates the lost AFA vessel will be (2) AFA catcher/processor permits— valid from the date of the vessel loss up (i) Listed AFA catcher/processors. to 5 years from December 31 of the year NMFS will issue to an owner of a in which the vessel was lost and will be catcher/processor a listed AFA catcher/ suspended after that date, unless the processor permit if the catcher/proc- AFA vessel permit for the lost vessel essor is one of the following (as listed was revoked before that date because in AFA paragraphs 208(e)(1) through the lost vessel was replaced or removed (20)): under paragraph (l)(7) of this section. (A) AMERICAN DYNASTY (USCG For example, if a vessel sinks on Feb- documentation number 951307); ruary 15, 2016, the AFA permit on the (B) KATIE ANN (USCG documenta- tion number 518441); vessel will be valid until December 31, (C) AMERICAN TRIUMPH (USCG 2021, unless the owner of the vessel re- documentation number 646737); places or removes the vessel before De- (D) NORTHERN EAGLE (USCG docu- cember 31, 2021; after December 31, 2021, mentation number 506694); the AFA permit on the lost vessel will (E) NORTHERN HAWK (USCG docu- be suspended until the AFA vessel mentation number 643771); owner replaces or removes the lost ves- (F) NORTHERN JAEGER (USCG doc- sel; umentation number 521069); (ii) The owner of the lost AFA vessel (G) OCEAN ROVER (USCG docu- must notify NMFS in writing of the mentation number 552100); vessel loss within 120 days of the date (H) ALASKA OCEAN (USCG docu- of the total loss or constructive loss of mentation number 637856); the vessel; (I) ENDURANCE (USCG documenta- (iii) For purposes of paragraph tion number 592206); (l)(1)(ii)(B)(3) of this section, an AFA (J) AMERICAN ENTERPRISE (USCG lost vessel is a vessel that has been documentation number 594803); subject to a total loss or a constructive (K) ISLAND ENTERPRISE (USCG loss; a total loss means that the vessel documentation number 610290); is physically lost such as from sinking (L) KODIAK ENTERPRISE (USCG or a fire; a constructive loss means documentation number 579450); that the vessel suffered damage so that (M) SEATTLE ENTERPRISE (USCG the cost of repairing the vessel exceed- documentation number 904767); ed the value of the vessel; the date of (N) US ENTERPRISE (USCG docu- the total loss of a vessel is the date on mentation number 921112); which the physical loss occurred; the (O) ARCTIC STORM (USCG docu- date of the constructive loss of a vessel mentation number 903511); is the date on which the damage to the (P) ARCTIC FJORD (USCG docu- vessel occurred. mentation number 940866); (C) Surrender of AFA permits. Except (Q) NORTHERN GLACIER (USCG for AFA inshore processor permits, documentation number 663457); AFA permits may not be surrendered. (R) PACIFIC GLACIER (USCG docu- (iii) Application for permit. NMFS will mentation number 933627); issue AFA vessel and processor permits (S) HIGHLAND LIGHT (USCG docu- to the current owner(s) of a qualifying mentation number 577044); vessel or processor if the owner(s) sub- (T) STARBOUND (USCG documenta- mits to the Regional Administrator a tion number 944658). completed AFA permit application (ii) Unlisted AFA catcher/processors. that is subsequently approved. NMFS will issue to an owner of a

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catcher/processor an unlisted AFA NEAHKAHNIE (USCG documentation catcher/processor permit if the catcher/ number 599534); processor is not listed in § 679.4(l)(2)(i) OCEAN HARVESTER (USCG documenta- tion number 549892); and is determined by the Regional Ad- SEA STORM (USCG documentation num- ministrator to have harvested more ber 628959); than 2,000 mt of pollock in the 1997 TRACY ANNE (USCG documentation num- BSAI directed pollock fishery. ber 904859); or (iii) AFA replacement vessels. (A) (2) Is not listed in paragraph NMFS will issue a listed AFA catcher/ (l)(3)(i)(A)(1) of this section and is de- processor permit to the owner of a termined by the Regional Adminis- catcher/processor that is a replacement trator to have delivered at least 250 mt vessel for a vessel that was designated and at least 75 percent of the pollock it on a listed AFA catcher/processor per- harvested in the directed BSAI pollock mit. fishery in 1997 to catcher/processors for (B) NMFS will issue an unlisted AFA processing by the offshore component; catcher/processor permit to the owner or of a catcher/processor that is a replace- (3) Is an AFA replacement vessel for ment vessel for a vessel that was des- a vessel that was designated on an AFA ignated on an unlisted AFA catcher/ catcher vessel permit with a catcher/ processor permit. processor endorsement. (iv) Application for AFA catcher/proc- (B) Catcher vessels delivering to AFA essor permit. A completed application motherships. NMFS will endorse an for an AFA catcher/processor permit AFA catcher vessel permit to authorize must contain: directed fishing for pollock for delivery (A) Vessel information. The vessel to an AFA mothership if the catcher name, ADF&G registration number, vessel: USCG documentation number, vessel (1) Is one of the following (as listed in telephone number (if any), gross tons, paragraphs 208(c)(1) through (20) and in shaft horsepower, and registered length subsection 211(e) of the AFA): (in feet); (i) ALEUTIAN CHALLENGER (USCG (B) Ownership information. The man- documentation number 603820); aging owner name(s), tax ID number(s), (ii) ALYESKA (USCG documentation signature(s), business mailing ad- number 560237); dress(es), business telephone num- (iii) AMBER DAWN (USCG docu- ber(s), business fax number(s), business mentation number 529425); e-mail address(es), and managing com- (iv) AMERICAN BEAUTY (USCG doc- pany (if any); umentation number 613847); (3) AFA catcher vessel permits. NMFS (v) CALIFORNIA HORIZON (USCG will issue to an owner of a catcher ves- documentation number 590758); sel an AFA catcher vessel permit con- (vi) MAR-GUN (USCG documentation taining sector endorsements and number 525608); sideboard restrictions upon receipt and (vii) MARGARET LYN (USCG docu- approval of a completed application for mentation number 615563); an AFA catcher vessel permit. (viii) MARK I (USCG documentation (i) Qualifying criteria—(A) Catcher ves- number 509552); sels delivering to catcher/processors. (ix) MISTY DAWN (USCG docu- NMFS will endorse an AFA catcher mentation number 926647); vessel permit to authorize directed (x) NORDIC FURY (USCG docu- fishing for pollock for delivery to a mentation number 542651); catcher/processor if the catcher vessel: (xi) OCEAN LEADER (USCG docu- (1) Is one of the following (as listed in mentation number 561518); paragraphs 208(b)(1) through (7) of the (xii) OCEANIC (USCG documentation AFA): number 602279); (xiii) PACIFIC ALLIANCE (USCG AMERICAN CHALLENGER (USCG docu- mentation number 633219); documentation number 612084); FORUM STAR (USCG documentation num- (xiv) PACIFIC CHALLENGER (USCG ber 925863); documentation number 518937); MUIR MILACH (USCG documentation (xv) PACIFIC FURY (USCG docu- number 611524); mentation number 561934);

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(xvi) PAPADO II (USCG documenta- one of the years 1996 or 1997, or between tion number 536161); January 1, 1998, and September 1, 1998; (xvii) TRAVELER (USCG documenta- or tion number 929356); (3) Is an AFA replacement vessel for (xviii) VESTERAALEN (USCG docu- a vessel that was designated on an AFA mentation number 611642); catcher vessel permit with an inshore (xix) WESTERN DAWN (USCG docu- endorsement. mentation number 524423); (ii) Application for AFA catcher vessel (xx) LISA MARIE (USCG documenta- permit. A completed application for an tion number 1038717); or AFA catcher vessel permit must con- (2) Is not listed in paragraph tain: (l)(3)(i)(B)(1) of this section and is de- (A) Vessel information. The vessel termined by the Regional Adminis- name, ADF&G registration number, trator to have delivered at least 250 mt USCG documentation number, vessel of pollock for processing by telephone number (if any), gross tons, motherships in the offshore component shaft horsepower, and registered length of the BSAI directed pollock fishery in (in feet); any one of the years 1996 or 1997, or be- (B) Ownership information. The man- tween January 1, 1998, and September aging owner name(s), tax ID number(s), 1, 1998, and is not eligible for an en- signature(s), business mailing ad- dorsement to deliver pollock to catch- dress(es), business telephone num- er/processors under paragraph ber(s), business fax number(s), business (l)(3)(i)(A) of this section; or e-mail address(es), and managing com- (3) Is an AFA replacement vessel for pany (if any); a vessel that was designated on an AFA (C) Vessel AFA qualification informa- catcher vessel permit with a tion. The AFA catcher vessel permit mothership endorsement. sector endorsement(s) requested. (C) Catcher vessels delivering to AFA (D) [Reserved] inshore processors. NMFS will endorse (E) Vessel exemptions from AFA catcher an AFA catcher vessel permit to au- vessel groundfish sideboard directed fish- thorize directed fishing for pollock for ing closures. An AFA catcher vessel per- delivery to an AFA inshore processor if mit may contain exemptions from cer- the catcher vessel is: tain groundfish sideboard directed fish- (1) One of the following vessels au- ing closures. If a vessel owner is re- thorized by statute to engage in di- questing such an exemption, the appli- rected fishing for inshore sector pol- cation must provide supporting docu- lock: mentation that the catcher vessel HAZEL LORRAINE (USCG documentation qualifies for the exemption based on number 592211), the following criteria. The Regional LISA MARIE (USCG documentation num- Administrator will review the vessel’s ber 1038717), catch history according to the fol- PROVIDIAN (USCG documentation num- lowing criteria: ber 1062183); or (1) BSAI Pacific cod. For a catcher (2) Is not listed in § 679.4(l)(3)(i)(A), vessel to qualify for an exemption from and: AFA catcher vessel sideboards in the (i) Is determined by the Regional Ad- BSAI Pacific cod fishery, the catcher ministrator to have delivered at least vessel must: Be less than 125 ft (38.1 m) 250 mt of pollock harvested in the di- LOA, have landed a combined total of rected BSAI pollock fishery for proc- less than 5,100 mt of BSAI pollock in essing by the inshore component in any the BSAI directed pollock fishery from one of the years 1996 or 1997, or between 1995 through 1997, and have made 30 or January 1, 1998, and September 1, 1998; more legal landings of Pacific cod in or the BSAI directed fishery for Pacific (ii) Is less than 60 ft (18.1 meters) LOA cod from 1995 through 1997. and is determined by the Regional Ad- (2) GOA groundfish species. For a ministrator to have delivered at least catcher vessel to qualify for an exemp- 40 mt of pollock harvested in the di- tion from AFA catcher vessel rected BSAI pollock fishery for proc- sideboards in the GOA groundfish fish- essing by the inshore component in any eries, the catcher vessel must: Be less

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than 125 ft (38.1 m) LOA, have landed a (i) Qualifying criteria—(A) Unrestricted combined total of less than 5,100 mt of processors. NMFS will issue an unre- BSAI pollock in the BSAI directed pol- stricted AFA inshore processor permit lock fishery from 1995 through 1997, and to a shoreside processor or stationary made 40 or more legal landings of GOA floating processor if the Regional Ad- groundfish in a directed fishery for ministrator determines that the proc- GOA groundfish from 1995 through 1997. essor facility processed annually more (3) AFA replacement vessel for a catcher than 2,000 mt round-weight of pollock vessel that qualified for an exemption. A harvested in the inshore component of catcher vessel that is a replacement the directed BSAI pollock fishery dur- vessel for a vessel that was designated ing each of 1996 and 1997. on an AFA catcher vessel permit with (B) Restricted processors. NMFS will an exemption from a groundfish issue a restricted AFA inshore proc- sideboard directed fishing closure will essor permit to a shoreside processor or receive an AFA catcher vessel permit stationary floating processor if the Re- with the same exemption as the re- gional Administrator determines that placed vessel. the facility processed pollock har- (4) AFA mothership permits. (i) NMFS vested in the inshore component of the will issue to an owner of a mothership directed BSAI pollock fishery during an AFA mothership permit if the 1996 or 1997, but did not process annu- mothership: ally more than 2,000 mt round-weight (A) Is one of the following (as listed of BSAI pollock during each of 1996 and in paragraphs 208(d)(1) through (3) of 1997. the AFA): (ii) Surrender of permit. An AFA EXCELLENCE (USCG documentation inshore processor permit may be volun- number 967502); tarily surrendered in accordance with paragraph (a)(9) of this section. An GOLDEN ALASKA (USCG docu- AFA inshore processor permit will not mentation number 651041); and be reissued in the same fishing year in OCEAN PHOENIX (USCG documenta- which it was surrendered, but may be tion number 296779); or reapplied for and if approved, reissued (B) Is an AFA replacement vessel for to the permit holder of record in a sub- a vessel that was designated on an AFA sequent fishing year. mothership permit. (iii) Single geographic location require- (ii) Application for AFA mothership ment. An AFA inshore processor permit permit. A completed application for an authorizes the processing of pollock AFA mothership permit must contain: harvested in the BS subarea directed (A) Type of permit requested. Type of pollock fishery only in a single geo- processor and whether requesting an graphic location during a reporting AFA cooperative endorsement. week. For the purposes of this para- (B) Vessel information. The graph, single geographic location mothership name, ADF&G processor means: code, USCG documentation number, (A) Shoreside processors. The physical Federal fisheries permit number, gross location at which the land-based shore- tons, shaft horsepower, and registered side processor first processed pollock length (in feet). harvested from the BS subarea directed (C) Ownership information. The man- pollock fishery during a fishing year. aging owner name(s), tax ID number(s), (B) Stationary floating processors signature(s), business mailing ad- (SFP). A geographic position within dress(es), business telephone num- State of Alaska waters of the BS sub- ber(s), business fax number(s), business area and that is within a 5 nm radius of e-mail address(es), and managing com- the latitude and longitude reported in pany (if any); the check-in and check-out reports at (5) AFA inshore processor permits. § 679.5(h)(5)(ix)(B). An AFA SFP cannot NMFS will issue to an owner of a change its single geographic location shoreside processor or stationary float- more than four times within State of ing processor an AFA inshore processor Alaska waters in the BS subarea to permit upon receipt and approval of a process pollock harvested in a BS sub- completed application. area directed pollock fishery during a

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fishing year and cannot use more than inshore processor (or processors) must one single geographic location during a include the following information: reporting week. (1) Identification of inshore proc- (iv) Application for permit. A com- essor(s). The Council recommendation pleted application for an AFA inshore must identify by name the inshore processor permit must contain: processor(s) to which AFA inshore (A) Type of permit requested. Type of processor permits would be issued; processor, whether requesting an AFA (2) Type of AFA inshore processor per- cooperative endorsement, and amount mit(s). The Council recommendation of BSAI pollock processed in 1996 and must specify whether the identified 1997; inshore processor(s) should be issued a (B) Stationary floating processor infor- restricted or unrestricted AFA inshore mation. The vessel name, ADF&G proc- processor permit. essor code, USCG documentation num- (3) Duration of permit. The Council ber, Federal processor permit number, recommendation must specify the rec- gross tons, shaft horsepower, registered ommended duration of the permit. Per- length (in feet), and business telephone mit duration may be for any duration number, business FAX number, and from a single fishing season to the du- business e-mail address used on board ration of section 208 of the AFA. Alter- the vessel. natively, the Council may recommend that the permit be valid as long as the (C) Shoreside processor information. conditions that led to the permit re- The processor name, Federal processor main in effect. For example, the Coun- permit number, ADF&G processor cil could recommend that a permit code, business street address; business issued under this paragraph remain telephone and FAX numbers, and busi- valid as long as the combined annual ness e-mail address. BSAI pollock TAC remains above (D) Ownership information. The man- 1,274,900 mt. or a lost AFA inshore aging owner name(s), tax ID number(s), processor is not reconstructed. signature(s), business mailing ad- (4) Council procedures. The Council dress(es), business telephone num- may establish additional procedures for ber(s), business fax number(s), business the review and approval of requests to e-mail address(es), and managing com- authorize additional AFA inshore proc- pany (if any); essors. However, such procedures must (v) Authorization of new AFA inshore be consistent with the Magnuson-Ste- processors. If the Council recommends vens Act, the national standards, and and NMFS approves a combined BSAI other applicable law. pollock TAC that exceeds 1,274,900 mt (5) Action by NMFS. Upon receipt of a for any fishing year, or in the event of recommendation from the Council to the actual total loss or constructive authorize additional AFA inshore proc- loss of an existing AFA inshore proc- essors, NMFS may issue an AFA essor, the Council may recommend inshore processor permit to the identi- that an additional inshore processor fied inshore processor(s) of the type (or processors) be issued AFA inshore and duration recommended by the processing permits. Council, provided the Council has met (A) Timing of Council action. At any the requirements identified in para- time prior to or during a fishing year graphs (l)(5)(v)(B)(1) through (4) of this in which the combined BSAI pollock section, and the owner(s) of the identi- TAC exceeds 1,274,900 mt, or at any fied inshore processor has submitted a time after the actual total loss or con- completed application for an AFA structive total loss of an existing AFA inshore processor permit that is subse- inshore processor, the Council may, quently approved. after opportunity for public comment, (6) Inshore cooperative fishing permits— recommend that an additional inshore (i) General. NMFS will issue to an processor (or processors) be issued AFA inshore catcher vessel cooperative inshore processor permits. formed pursuant to 15 U.S.C. 521 for the (B) Required elements in Council rec- purpose of cooperatively managing di- ommendation. Any recommendation rected fishing for pollock for proc- from the Council to add an additional essing by an AFA inshore processor an

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AFA inshore cooperative fishing per- (1) Permit requirements—(i) AFA per- mit upon receipt and approval of a mit. The vessel must have a valid AFA completed application. catcher vessel permit with an inshore (ii) Application for permit. A com- endorsement; pleted application for an inshore coop- (ii) LLP permit. The vessel must be erative fishing permit must contain named on a valid LLP permit author- the following information: izing the vessel to engage in trawling (A) Cooperative contact information. for pollock in the Bering Sea subarea. Name of cooperative; name of coopera- If the vessel is more than 60 feet (18.3 tive representative; and business mail- m) LOA, the vessel must be named on ing address, business telephone num- a valid LLP permit endorsed for the AI ber, business fax number, and business to engage in trawling for pollock in the e-mail address of the cooperative; AI; and (B) Designated cooperative processor. (iii) Permit sanctions. The vessel has The name and physical location of an no permit sanctions that otherwise AFA inshore processor that is des- make it ineligible to engage in fishing ignated in the cooperative contract as for pollock in the BSAI. the processor to whom the cooperative (2) Landing requirements—(i) Active has agreed to deliver at least 90 percent vessels. The vessel delivered more pol- of its BS pollock catch; lock harvested in the BS inshore di- rected pollock fishery to the AFA (C) Cooperative contract information. A inshore processor designated under copy of the cooperative contract and a paragraph (l)(6)(ii)(B) of this section written certification that: than to any other shoreside processor (1) The contract was signed by the or stationary floating processor during owners of at least 80 percent of the the year prior to the year in which the qualified catcher vessels; cooperative fishing permit will be in ef- (2) The cooperative contract requires fect; or that the cooperative deliver at least 90 (ii) Inactive vessels. The vessel deliv- percent of its BS pollock catch to its ered more pollock harvested in the BS designated AFA processor; and inshore directed pollock fishery to the (3) Each catcher vessel in the cooper- AFA inshore processor designated ative is a qualified catcher vessel and under paragraph (l)(6)(ii)(B) of this sec- is otherwise eligible to fish for ground- tion than to any other shoreside proc- fish in the BSAI, except that a lost ves- essor or stationary floating processor sel that retains an AFA permit pursu- during the last year in which the vessel ant to paragraph (l)(1)(ii)(B)(3) of this delivered BS pollock harvested in the section need not be designated on a BS directed pollock fishery to an AFA Federal Fisheries Permit or an LLP li- inshore processor. cense; has an AFA catcher vessel per- (iii) Harvests under contract to a coop- mit with an inshore endorsement; and erative. Any landings made by a vessel has no permit sanctions or other type operating under contract to an inshore of sanctions against it that would pre- cooperative in which it was not a mem- vent it from fishing for groundfish in ber will not be used to determine eligi- the BSAI. bility under paragraph (l)(6)(ii)(D)(2). (D) Qualified catcher vessels. For the (3) AFA replacement catcher vessels. purpose of paragraph (l)(6)(ii)(C)(3) of The vessel is an AFA replacement ves- this section, a catcher vessel is a quali- sel for a catcher vessel that met the fied catcher vessel if the catcher vessel permit and landing requirements in meets the permit and landing require- paragraphs (l)(6)(ii)(D)(1) and ments in paragraphs (l)(6)(ii)(D)(1) and (l)(6)(ii)(D)(2) of this section; (l)(6)(ii)(D)(2) of this section; the catch- (4) AFA lost catcher vessels. In the er vessel is an AFA replacement catch- event of a total loss or constructive er vessel that meets the requirements loss of an AFA catcher vessel with an in paragraph (l)(6)(ii)(D)(3) of this sec- inshore endorsement, the owner of the tion; or the catcher vessel is an AFA lost vessel has an AFA catcher vessel lost catcher vessel that meets the re- permit with an inshore endorsement quirements in paragraph (l)(6)(ii)(D)(4) for the lost vessel that is valid pursu- of this section. ant to paragraph (l)(1)(ii)(B)(3) of this

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section, and the inshore cooperative must be received by the Regional Ad- shows: ministrator by December 1 prior to the (i) The vessel was lost during a year year in which the inshore cooperative when the vessel was designated on an fishing permit will be in effect. Inshore AFA inshore cooperative fishing per- cooperative fishing permit applications mit issued to the cooperative submit- or amendments to inshore fishing coop- ting the application; or erative permits received after Decem- (ii) The vessel was lost during a year ber 1 will not be accepted by the Re- when the vessel was not designated on gional Administrator for the subse- any AFA inshore cooperative fishing quent fishing year. permit and when the vessel delivered (7) AFA rebuilt vessels, AFA replace- more pollock to the AFA inshore proc- ment vessels, and removal of inshore AFA essor designated by the inshore cooper- catcher vessels—(i) AFA rebuilt vessels. ative under paragraph (l)(6)(ii)(B) of (A) To improve vessel safety or to im- this section than to any other proc- prove operational efficiency, including essor; or fuel efficiency, the owner of an AFA (iii) The vessel was lost during a year vessel may rebuild the vessel. If the when the vessel was not designated on owner of an AFA vessel rebuilds the any AFA inshore cooperative fishing vessel, the owner must notify NMFS permit and when the vessel had made within 30 days of the issuance of the no deliveries of pollock and the owner vessel documentation for the AFA re- of the lost vessel has assigned the built vessel and must provide NMFS catch history of the lost vessel to the with a copy of the vessel documenta- inshore cooperative that submits the tion for the rebuilt vessel. If the owner application. of the AFA rebuilt vessel provides (E) Business review letter. A copy of a NMFS with information demonstrating letter from a party to the contract re- that the AFA rebuilt vessel is docu- questing a business review letter on mented with a fishery endorsement the fishery cooperative from the De- issued under 46 U.S.C. 12113, NMFS will partment of Justice and of any re- acknowledge receipt of the notification sponse to such request; and inform the owner that the AFA (F) Vessel information. For each coop- permit issued to the vessel before re- erative catcher vessel member: Vessel building is valid and can be used on the name, ADF&G registration number, AFA rebuilt vessel. USCG documentation number, AFA (B) Except as provided in paragraph permit number; and (l)(7)(i)(C) and paragraph (l)(7)(i)(D) of (G) Certification of notary and appli- this section, the owner of an AFA re- cant. Signature and printed name of co- built vessel will be subject to the same operative representative, date of signa- requirements that applied to the vessel ture, and notary stamp or seal, signa- before rebuilding and will be eligible to ture and date commission expires of a use the AFA rebuilt vessel in the same notary public. manner as the vessel before rebuilding. (iii) Duration of cooperative fishing (C) An AFA rebuilt vessel is exempt permits. Inshore cooperative fishing from the maximum length overall permits are valid for 1 calendar year. (MLOA) restriction on an LLP ground- (iv) Addition or subtraction of vessels. fish license with a Bering Sea area en- The cooperative representative must dorsement or an Aleutian Islands area submit a new application to add or sub- endorsement when the AFA rebuilt tract a catcher vessel to or from an vessel is conducting directed fishing inshore cooperative fishing permit to for groundfish in the BSAI pursuant to the Regional Administrator prior to that LLP groundfish license and the the application deadline. Upon ap- LLP groundfish license specifies the proval by the Regional Administrator, exemption. NMFS will issue an amended coopera- (D) If an AFA rebuilt catcher vessel tive fishing permit. is equal to or greater than 125 ft (38.1 (v) Application deadline. An inshore m) LOA, the AFA rebuilt catcher ves- cooperative fishing permit application sel will be subject to the catcher vessel and any subsequent contract amend- exclusive fishing seasons for pollock in ments that add or subtract vessels 50 CFR 679.23(i) and will not be exempt

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from 50 CFR 679.23(i) even if the vessel sel was already designated on an AFA before rebuilding was less than 125 ft permit as exempt from sideboard lim- (38.1 m) LOA and was exempt from 50 its, the AFA replacement vessel will CFR 679.23(i). maintain its exemption even if the re- (ii) AFA replacement vessels. (A) To placed vessel was not exempt from improve vessel safety or to improve sideboard limits. operational efficiency, including fuel (iii) Removal of AFA catcher vessel efficiency, the owner of an AFA vessel from the directed pollock fishery. (A) The may replace the AFA vessel with a ves- owner of a catcher vessel that is des- sel that is documented with a fishery ignated on an AFA catcher vessel per- endorsement issued under 46 U.S.C. mit with an inshore endorsement may 12113. remove the catcher vessel from the di- (B) Upon approval of an application rected pollock fishery, subject to the to replace an AFA vessel pursuant to requirements in paragraphs (B), (C), paragraph (l)(7) of this section and ex- and (D) of this paragraph (l)(7)(iii). cept as provided in paragraph (B) The owner of the removed catcher (l)(7)(ii)(C), paragraph (l)(7)(ii)(D), and vessel must direct NMFS to assign the paragraph (l)(7)(E) of this section, the non-CDQ inshore pollock catch history owner of an AFA replacement vessel in the BSAI of the removed vessel to will be subject to the same require- one or more catcher vessels in the ments that applied to the replaced ves- inshore fishery cooperative to which sel and will be eligible to use the AFA the removed vessel belonged at the replacement vessel in the same manner time of the application for removal. as the replaced vessel. If the AFA re- (C) Except for the assignment of the placement vessel is not already des- pollock catch history of the removed ignated on an AFA permit, the Re- catcher vessel in paragraph (l)(7)(iii)(B) gional Administrator will issue an AFA of this section, all claims relating to permit to the owner of the AFA re- the catch history of the removed catch- placement vessel. The AFA permit that er vessel in the Exclusive Economic designated the replaced, or former, Zone off Alaska, including any claims AFA vessel will be revoked. to an exemption from AFA sideboard (C) An AFA replacement vessel is ex- limitations, will be permanently extin- empt from the maximum length over- guished upon NMFS’ approval of the all (MLOA) restriction on an LLP application to remove the catcher ves- groundfish license with a Bering Sea sel and the AFA permit that was held area endorsement or an Aleutian Is- by the owner of the removed catcher lands area endorsement when the AFA vessel will be revoked. replacement vessel is conducting di- (D) The catcher vessel or vessels that rected fishing for groundfish in the are assigned the catch history of the BSAI pursuant to that LLP groundfish removed catcher vessel cannot be re- license and the LLP groundfish license moved from the fishery cooperative to specifies an exemption from the MLOA which the removed catcher vessel be- restriction for the AFA replacement longed for a period of one year from the vessel. date that NMFS assigned the catch his- (D) If an AFA replacement catcher tory of the removed catcher vessel to vessel is equal to or greater than 125 ft that vessel or vessels. (38.1 m) LOA, the AFA replacement (iv) Replaced vessels and removed ves- catcher vessel will be subject to the sels. An AFA vessel that is replaced or catcher vessel exclusive fishing seasons removed under paragraph (l)(7) of this for pollock in 50 CFR 679.23(i) and will section is permanently ineligible to re- not be exempt from 50 CFR 679.23(i), ceive any permit to participate in any even if the replaced vessel was less fishery in the Exclusive Economic than 125 ft (38.1 m) LOA and was ex- Zone off Alaska unless the replaced or empt from 50 CFR 679.23(i). removed vessel reenters the directed (E) An AFA replacement catcher ves- pollock fishery as a replacement vessel sel for an AFA catcher vessel will have under paragraph (l)(7) of this section. the same sideboard exemptions, if any, (v) Application. To notify NMFS that as the replaced AFA catcher vessel, ex- the owner of an AFA vessel has rebuilt cept that if the AFA replacement ves- the AFA vessel, the owner of the AFA

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vessel must submit a complete applica- tion (IAD) that the application is de- tion. To replace an AFA vessel with an- nied. other vessel, NMFS must receive a (iii) Initial administrative determina- complete application from the owner of tions (IAD). The Regional Adminis- the vessel that is being replaced. To re- trator will prepare and send an IAD to move an AFA catcher vessel from the the applicant following the expiration directed pollock fishery, NMFS must of the 30-day evidentiary period if the receive a complete application from Regional Administrator determines the owner of the vessel that is to be re- that the information or evidence pro- moved. An application must contain vided by the applicant fails to support the information specified on the appli- the applicant’s claims and is insuffi- cation form, with all required fields ac- cient to establish that the applicant curately completed and all required meets the requirements for an AFA documentation attached. The applica- permit or for NMFS to approve the tion must be submitted to NMFS using withdrawal of a catcher vessel, or if the the methods described on the applica- additional information, evidence, or re- tion. The application referred to in this vised application is not provided within paragraph is ‘‘American Fisheries Act the time period specified in the letter (AFA) Permit: Rebuilt, Replacement, that notifies the applicant of the appli- or Removed Vessel Application.’’ cant’s 30-day evidentiary period. The IAD will indicate the deficiencies in (8) Application evaluations and ap- the application, including any defi- peals—(i) Initial evaluation. The Re- ciencies with the information, the evi- gional Administrator will evaluate an dence submitted in support of the in- application submitted in accord with formation, or the revised application. paragraph (l) of this section. If the Re- An applicant who receives an IAD may gional Administrator determines that appeal under the appeals procedures set the applicant meets the requirements out at 15 CFR part 906. for NMFS to take the action requested (iv) Effect of cooperative allocation ap- on the application, NMFS will approve peals. An AFA inshore cooperative may the application. If the Regional Admin- appeal the pollock quota share issued istrator determines that the applicant to the cooperative under § 679.62; how- has submitted claims based on incon- ever, final agency action on the appeal sistent information or fails to submit must occur prior to December 1 for the the information specified in the appli- results of the appeal to take effect dur- cation, the applicant will be provided a ing the subsequent fishing year. single 30-day evidentiary period to sub- (m) Participation in the AI directed pol- mit evidence to establish that the ap- lock fishery—(1) Applicability. Har- plicant meets the requirements for vesting pollock in the AI directed pol- NMFS to take the requested action. lock fishery and processing pollock The burden is on the applicant to es- taken in the AI directed pollock fish- tablish that the applicant meets the ery is authorized only for those har- criteria in the regulation for NMFS to vesters and processors that are selected take the action requested by the appli- by the Aleut Corporation and approved cant. by the Regional Administrator to har- (ii) Additional information and evi- vest pollock in the AI directed pollock dence. The Regional Administrator will fishery or to process pollock taken in evaluate the additional information or the AI directed pollock fishery. evidence submitted by the applicant (2) Annual selection of participants by within the 30-day evidentiary period. If the Aleut Corporation. Each year and at the Regional Administrator determines least 14 days before harvesting pollock that the additional information or evi- in the AI directed pollock fishery or dence meets the applicant’s burden of processing pollock harvested in the AI proof, the application will be approved. directed pollock fishery, a participant However, if the Regional Adminis- must be selected by the Aleut Corpora- trator determines that the applicant tion and the following information for did not meet the applicant’s burden of each participant must be submitted by proof, the applicant will be notified by the designated contact to the Regional an initial administrative determina- Administrator:

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(i) Vessel or processor name; ments to participate in the AI directed (ii) Federal fisheries permits number pollock fishery. issued under paragraph (b) of this sec- (ii) The Regional Administrator will tion or Federal processor permit issued prepare and send an initial administra- under paragraph (f) of this section; and tive determinations (IAD) to the se- (iii) The fishing year which participa- lected participant following the expira- tion approval is requested. tion of the 30-day evidentiary period if (3) Participant approval. (i) Partici- the Regional Administrator determines pants must have: that the information or evidence pro- (A) A valid Federal fisheries permit vided by the selected participant fails or Federal processing permit, pursuant to support the participant’s claims and to paragraphs (b) and (f) of this section, is insufficient to rebut the presumption respectively; that the disapproval for participation in the AI directed pollock fishery is (B) A valid fishery endorsement on correct or if the additional information the vessel’s U.S. Coast Guard docu- or evidence is not provided within the mentation for the vessel’s participa- time period specified in the letter that tion in the U. S. fishery; and notifies the applicant of his or her 30- (C) A valid AFA permit under: para- day evidentiary period. The IAD will graph (l)(2) of this section for all catch- indicate the deficiencies in the infor- er/processors, paragraph (l)(3) of this mation required, including the evi- section for all catcher vessels greater dence submitted in support of the in- than 60 ft (18.3 m) LOA, or paragraph formation. The IAD also will indicate (l)(4) of this section for all which claims cannot be approved based motherships. on the available information or evi- (ii) Each participant selected by the dence. A participant who receives an Aleut Corporation that meets the con- IAD may appeal under the appeals pro- ditions under paragraph (m)(3)(i) of cedures set out at § 679.43. A participant this section will be approved by the Re- who avails himself or herself of the op- gional Administrator for participation portunity to appeal an IAD will receive in the AI directed pollock fishery. an interim approval from NMFS au- (iii) The Regional Administrator will thorizing participation in the AI di- provide to the designated contact for rected pollock fishery. An interim ap- the Aleut Corporation the identity of proval based on claims contrary to the each approved participant and the date final determination will expire upon upon which participation in the AI di- final agency determination. rected pollock fishery may commence. (n) Rockfish Program—(1) Cooperative The Aleut Corporation shall forward to quota (CQ). (i) A CQ permit is issued the approved participants a copy of annually to a rockfish cooperative if NMFS’s approval letter before har- the members of that rockfish coopera- vesting or processing occurs. tive have submitted a complete and (iv) A copy of NMFS’ approval letter timely application for CQ as described for participating in the AI directed pol- in § 679.81(f) that is approved by the Re- lock fishery during the fishing year gional Administrator. A CQ permit au- must be on site at the shoreside proc- thorizes a rockfish cooperative to par- essor or stationary floating processor, ticipate in the Rockfish Program. The or on board the vessel at all times and CQ permit will indicate the amount of must be presented for inspection upon rockfish primary species and rockfish the request of any authorized officer. secondary species that may be har- (4) Participant disapproval. (i) The Re- vested by the rockfish cooperative, and gional Administrator shall disapprove the amount of rockfish halibut PSC any participant that does not meet the that may be used by the rockfish coop- conditions under paragraph (m)(3)(i) of erative. The CQ permit will list the this section. The Regional Adminis- members of the rockfish cooperative, trator will notify in writing the Aleut the vessels that are authorized to fish Corporation and the selected partici- under the CQ permit for that rockfish pant of the disapproval. The selected cooperative, and the rockfish processor participant will have 30 days in which with whom that rockfish cooperative is to submit proof of meeting the require- associated, if applicable.

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(ii) A CQ permit is valid only until QS permit and if transferred, the the end of the calendar year for which Amendment 80 QS permit must be the CQ permit is issued; transferred in its entirety to another (iii) A legible copy of the CQ permit person under the provisions of must be carried on board the vessel(s) § 679.90(d) or § 679.90(e). used by the rockfish cooperative. (vi) A person must hold an Amend- (2) Rockfish cooperative termination of ment 80 LLP license to hold an Amend- fishing declaration. (i) A rockfish coop- ment 80 QS permit. erative may choose to terminate its CQ (vii) The owner of an Amendment 80 permit through a declaration sub- vessel must designate the Amendment mitted to NMFS. 80 vessel on an Amendment 80 QS per- (ii) This declaration may only be sub- mitted to NMFS electronically. The mit and on an Amendment 80 LLP li- rockfish cooperative’s designated rep- cense, or designate the Amendment 80 resentative must log into the online vessel on the Amendment 80 LLP/QS li- system and create a request for termi- cense to use that Amendment 80 vessel nation of fishing declaration as indi- in an Amendment 80 fishery. cated on the computer screen. By using (2) Amendment 80 Cooperative quota the rockfish cooperative’s NMFS ID (CQ) permit. (i) A CQ permit is issued and password, and submitting the ter- annually to an Amendment 80 coopera- mination of fishing declaration re- tive that submits a timely and com- quest, the designated representative plete application for CQ that is ap- certifies that all information is true, proved by NMFS as described at correct, and complete. § 679.91(b)(4). (o) Amendment 80 Program—(1) Amend- (ii) A CQ permit authorizes an ment 80 QS permit. (i) An Amendment 80 Amendment 80 cooperative to catch a QS permit is issued to a person who quantity of fish expressed as a portion submits a timely and complete applica- of the ITAC and halibut and crab PSC tion for Amendment 80 QS that is ap- that may be held for exclusive use by proved by NMFS under § 679.90(b). that Amendment 80 cooperative. (ii) An Amendment 80 QS permit is (iii) A CQ permit will indicate the assigned to the owner of an Amend- amount of Amendment 80 species that ment 80 vessel that gave rise to that permit under the provisions of may be caught by the Amendment 80 § 679.90(b), or its replacement under cooperative, and the amount of Amend- § 679.4(o)(4), unless the Amendment 80 ment 80 crab and halibut PSC that may QS permit is assigned to the holder of be used by the Amendment 80 coopera- an LLP license originally assigned to tive. The CQ permit will list the mem- an Amendment 80 vessel under the pro- bers of the Amendment 80 cooperative, visions of § 679.90(d) or § 679.90(e). Amendment 80 LLP licenses, Amend- (iii) If an Amendment 80 QS permit is ment 80 QS permits, and Amendment 80 assigned to the owner of an Amend- vessels that are assigned to that ment 80 vessel the Amendment 80 QS Amendment 80 cooperative. permit will designate the Amendment (iv) The amount of CQ listed on the 80 vessel to which that permit is as- CQ permit will be based on: signed. (A) The amount of Amendment 80 QS (iv) If an Amendment 80 QS permit is units held by all members of the assigned to the holder of an LLP li- Amendment 80 cooperative designated cense originally assigned to an Amend- on a timely and complete application ment 80 vessel under the provisions of for CQ as described under § 679.91(b) § 679.90(d)(2)(ii) or § 679.90(e)(4), the that is approved by NMFS; Amendment 80 QS permit will be per- (B) The Amendment 80 QS units de- manently affixed to the LLP license originally assigned to an Amendment rived from Amendment 80 QS permits 80 vessel which will be designated as an held by members of the Amendment 80 Amendment 80 LLP/QS license. cooperative who have submitted a (v) Amendment 80 QS units assigned timely and complete EDR for all to an Amendment 80 QS permit are Amendment 80 QS permits held by that non-severable from that Amendment 80 member as described under § 679.94; and

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(C) The amount of CQ as modified by (4) Amendment 80 Replacement Vessel. an application for CQ transfer as de- (i) The owner of an Amendment 80 ves- scribed under § 679.91(g) that is ap- sel may replace such vessel for any proved by NMFS. purpose. All Federal fishery regula- (v) A CQ permit is valid until which- tions applicable to the replaced vessel ever of the following occurs first: apply to the replacement vessel, except (A) Until the end of the year for as described at § 679.92(d)(2)(ii) if appli- which the CQ permit is issued; or cable. A vessel that replaces an Amend- (B) Until the permit is revoked, sus- ment 80 vessel will be approved by the pended, or modified pursuant to § 679.43 Regional Administrator as an Amend- or under 15 CFR part 904. ment 80 vessel following the submis- (vi) A legible copy of the CQ permit sion and approval of a completed appli- must be carried onboard an Amend- cation for an Amendment 80 Replace- ment 80 vessel assigned to an Amend- ment 80 cooperative when fishing in ment Vessel, provided that: the BSAI or adjacent waters open by (A) The replacement vessel does not the State of Alaska for which it adopts exceed 295 ft. (89.9 m) LOA; a Federal fishing season. (B) The replacement vessel was built (3) Amendment 80 limited access fishery in the United States and, if ever re- permit. (i) An Amendment 80 limited ac- built, rebuilt in the United States; cess fishery permit is required for an (C) The applicant provides docu- Amendment 80 QS holder to catch, mentation that the replacement vessel process, and receive Amendment 80 spe- complies with U.S. Coast Guard safety cies assigned to the Amendment 80 lim- requirements applicable to processing ited access fishery, or use halibut and vessels operating in the Amendment 80 crab PSC assigned to the Amendment sector or, if unable to provide such doc- 80 limited access fishery. An Amend- umentation, the applicant provides ment 80 limited access fishery permit documentation that the replacement is issued annually to an Amendment 80 vessel meets the requirements of the QS holder who: U.S. Coast Guard’s Alternative Compli- (A) Has submitted a timely and com- ance and Safety Agreement; and plete application for the Amendment 80 (D) The replacement vessel is not a limited access fishery as described at vessel listed at section 208(e)(1) § 679.91(b)(4) that is approved by NMFS, or through (20) of the American Fisheries (B) Is assigned to the Amendment 80 Act or permitted under paragraph limited access fishery by NMFS as de- (l)(2)(i) of this section; is not an AFA scribed at § 679.91(a)(3)(ii); and replacement vessel designated on a (C) Has submitted a timely and com- listed AFA catcher/processor permit plete EDR for all Amendment 80 QS under paragraph (l)(2)of this section; permits held by that person as de- and is not an AFA catcher vessel per- scribed under § 679.94. mitted under paragraph (l)(3) of this (ii) An Amendment 80 limited access section. fishery permit is valid until whichever (ii) Application for Amendment 80 Re- of the following occurs first: placement Vessel. A person who wishes (A) Until the end of the year for to replace an Amendment 80 vessel which the Amendment 80 limited ac- must submit to NMFS a complete Ap- cess fishery permit is issued; or plication for Amendment 80 Replace- (B) Until the permit is revoked, sus- ment Vessel. An application must con- pended, or modified pursuant to § 679.43 tain the information specified on the or under 15 CFR part 904. form, with all required fields accu- (iii) A legible copy of the Amendment rately completed and all required docu- 80 limited access fishery permit must mentation attached. This application be carried onboard an Amendment 80 must be submitted to NMFS using the vessel assigned to the Amendment 80 methods described on the application. limited access fishery when fishing in the BSAI or adjacent waters open by (5) Application evaluations and ap- the State of Alaska for which it adopts peals—(i) Initial evaluation. The Re- a Federal fishing season. gional Administrator will evaluate an

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application for an Amendment 80 re- including any deficiencies with the in- placement vessel submitted in accord- formation, the evidence submitted in ance with paragraph (o)(4) of this sec- support of the information, or the re- tion. If the vessel listed in the applica- vised application. An applicant who re- tion does not meet the requirements ceives an IAD may appeal under the ap- for an Amendment 80 replacement ves- peals procedures set out at § 679.43. sel at § 679.4(o)(4), NMFS will not ap- (p) Flatfish Exchange Application. (1) prove the application. An applicant Completed application. NMFS will proc- who submits claims based on incon- ess only completed Flatfish Exchange sistent information or fails to submit Applications submitted by CDQ groups the information specified in the appli- or Amendment 80 cooperatives. cation for an Amendment 80 replace- (2) Certification. The designated rep- ment vessel will be provided a single resentative must log into the Alaska 30-day evidentiary period to submit Region Online application Web site and evidence to establish that the vessel complete an exchange application form meets the requirements to be an provided on the Web site. By using the Amendment 80 replacement vessel. The NMFS ID, password, and Transfer Key burden is on the applicant to establish and submitting the Flatfish Exchange that the vessel meets the criteria to Application, the designated representa- become a replacement vessel. tive certifies that all information sub- (ii) Additional information and evi- mitted is true, correct, and complete. dence. The Regional Administrator will (3) Approval. A CDQ group or Amend- evaluate the additional information or ment 80 cooperative must receive evidence to support an application for NMFS’ approval of a Flatfish Exchange Amendment 80 replacement vessel sub- Application prior to using the CDQ or mitted within the 30-day evidentiary Amendment 80 CQ subject to the Flat- period. If the Regional Administrator fish Exchange. NMFS will approve the determines that the additional infor- Flatfish Exchange Application if: mation or evidence meets the appli- cant’s burden of proving that the vessel (i) The CDQ group has sufficient CDQ meets the requirements to become an ABC reserves of flathead sole, rock Amendment 80 Replacement Vessel, sole, or yellowfin sole; the application will be approved. How- (ii) The Amendment 80 cooperative ever, if the Regional Administrator de- has sufficient Amendment 80 ABC re- termines that the vessel does not meet serves of flathead sole, rock sole, or the requirements to become an Amend- yellowfin sole; ment 80 Replacement Vessel, the appli- (iii) The CDQ group receiving flat- cant will be notified by an initial ad- head sole, rock sole, or yellowfin sole ministrative determination (IAD) that from its CDQ ABC reserve exchanges the application for replacement vessel an equal amount of unused CDQ of flat- is denied. head sole, rock sole, or yellowfin sole, (iii) Initial administrative determina- other than the species received from its tions (IAD). The Regional Adminis- CDQ ABC reserve; trator will prepare and send an IAD to (iv) The Amendment 80 cooperative the applicant following the expiration receiving flathead sole, rock sole, or of the 30-day evidentiary period if the yellowfin sole from its Amendment 80 Regional Administrator determines ABC reserve exchanges an equal that the information or evidence pro- amount of unused Amendment 80 CQ of vided by the applicant fails to support flathead sole, rock sole, or yellowfin the applicant’s claims and is insuffi- sole, other than the species received cient to establish that the vessel meets from its Amendment 80 ABC reserve; the requirements for an Amendment 80 (v) The CDQ group or Amendment 80 replacement vessel or if the additional cooperative has not received at least information, evidence, or revised appli- three approved Flatfish Exchanges dur- cation is not provided within the time ing that calendar year, as described at period specified in the letter that noti- paragraph (p)(5) of this section; fies the applicant of his or her 30-day (vi) Approval of the Flatfish Ex- evidentiary period. The IAD will indi- change Application will not cause flat- cate the deficiencies in the application, head sole, rock sole, or yellowfin sole

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to exceed an ABC or an ABC reserve for to, paper and electronic documenta- that species; and tion, logbooks, forms, reports, receipts, (vii) NMFS receives a completed computer printouts, and requests for Flatfish Exchange Application from a inspection described in this section and CDQ group or Amendment 80 coopera- in § 679.28. tive during the calendar year for which (1) Groundfish logbooks and forms. (i) the Flatfish Exchange would be effec- The Regional Administrator will pre- tive, and NMFS can approve that Flat- scribe and provide groundfish logbooks fish Exchange Application before the required under this section. All ground- end of the calendar year in which the fish forms required under this section Flatfish Exchange would be effective. are available from the Alaska Region (4) Notification. (i) No exchange, ad- website at http://alaskafisheries.noaa.gov justment, or apportionment of flathead or may be requested by calling the Sus- sole, rock sole, or yellowfin sole may tainable Fisheries Division at 907–586– take effect until a notice of adjustment 7228 or faxing 907–586–7465. The forms or apportionment has been published in may be completed online, printed, and the FEDERAL REGISTER with a state- mailed or faxed to NMFS at the ad- ment of the findings on which the ap- dress or fax number shown on the form. portionment or adjustment is based. The forms also may be completed on- (ii) Each NMFS approved Flatfish line, saved as a file, and submitted to Exchange is debited as one Flatfish Ex- NMFS as an attachment to an e-mail change. An approved Flatfish Exchange to the e-mail address shown on the is effective on the date of publication form. of the notice of adjustment or appor- (ii) Current editions. The operator tionment in the FEDERAL REGISTER. must use the current edition of the (5) CDQ ABC reserve and Amendment logbooks and current format of the 80 ABC reserve exchange limitations. forms. Upon approval from the Re- Each CDQ group and each Amendment gional Administrator NMFS-approved 80 cooperative is limited to no more electronic versions of the forms may be than three Flatfish Exchanges per cal- used. Upon written notification and ap- endar year. proval by the Regional Administrator, [61 FR 31230, June 19, 1996] logbooks from the previous year may be used. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 679.4, see the List of CFR (iii) Management program defined. A Sections Affected, which appears in the ‘‘management program’’ is a unique Finding Aids section of the printed volume fishery program with a specific man- and at www.govinfo.gov. agement strategy and/or allocation. Harvest that occurred under the man- § 679.5 Recordkeeping and reporting agement programs listed in the fol- (R&R). lowing table must be recorded sepa- (a) General R&R requirements. R&R re- rately in the logbooks, forms, and quirements include, but are not limited eLandings.

For more information, If harvest made under . . . program Record the . . . see . . .

(A) Western Alaska Community Development Quota (CDQ) CDQ number subpart C of this part

(B) Exempted Fishery Exempted fishery permit number § 679.6

(C) Research Fishery Research fishery permit number § 600.745(a) of this chapter

(D) Aleutian Islands Pollock (AIP) n/a subpart F of this part

(E) Open access (OA) [for recording in eLandings only] paragraph (e) of this section (F) Rockfish Program Cooperative number subpart H to this part.

(2) Responsibility. (i) The operator of a referred to as the operator) and the catcher vessel, catcher/processor, manager of a shoreside processor, SFP, mothership, or tender vessel (hereafter or buying station (hereafter referred to

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as the manager) are each responsible this section and the vessel activity re- for complying with the applicable R&R port described at paragraph (k) of this requirements in this section and in section, the owner or operator of a § 679.28. catcher vessel less than 60 ft (18.3 m) (ii) The owner of a vessel, shoreside LOA is not required to comply with the processor, SFP, buying station, or ten- R&R requirements of this section. der vessel is responsible for compliance (ii) Catcher vessels that take groundfish and must ensure that the operator, in crab pot gear for use as crab bait on manager, or representative (see para- that vessel. (A) Owners or operators of graph (b) of this section) complies with catcher vessels who, when crab is open the applicable R&R requirements in anywhere or in the same area as an this section and in § 679.28. open crab season, take groundfish in (iii) The IFQ permit holder, IFQ hired crab pot gear for use as crab bait on- master permit holder, or Registered board their same vessels, and the bait Buyer must comply with the R&R re- is neither transferred nor sold, are not quirements provided at paragraphs (e), required to comply with R&R require- (g), (k), and (l) of this section. ments of this section. (iv) The CDQ permit holder, CDQ (B) This exemption does not apply to hired master permit holder, or Reg- fishermen who: istered Buyer must comply with the (1) Catch groundfish for bait during R&R requirements provided at para- an open crab season and sell that graphs (e), (g), (k), and (l)(1) through (6) groundfish or transfer it to another of this section. vessel, or (3) Fish to be recorded and reported. (2) Participate in a directed fishery The operator or manager must record for groundfish using any gear type dur- and report the following information ing periods that are outside an open (see paragraphs (a)(3)(i) through (iv) of crab season for use as crab bait on- this section) for all groundfish (see board their vessel. Table 2a to this part), prohibited spe- (C) No groundfish species listed by cies (see Table 2b to this part), forage NMFS as ‘‘prohibited’’ in a manage- fish (see Table 2c to this part), grena- ment or regulatory area may be taken diers (see Table 2c to this part), and in that area for use as bait. squids (see Table 2c to this part). The (5) Inspection and retention of records— operator or manager may record and (i) Inspection of records. The operator or report the following information (see manager must make available for in- paragraphs (a)(3)(i) through (iv) of this spection the R&R documentation in section) for non-groundfish (see Table this section and in § 679.28 upon the re- 2d to this part): quest of an authorized officer. (i) Harvest information; (ii) Retention of records. The operator (ii) Receipt information from catcher or manager must retain the R&R docu- vessels, buying stations, and tender mentation described in this section and vessels including fish received from in § 679.28: vessels not required to have an FFP; (A) On site. Retain these records on and fish received under contract for site at the shoreside processor or SFP, handling or processing for another or onboard the vessel until the end of processor; the fishing year during which the (iii) Discard or disposition informa- records were made and for as long tion, including fish reported but not thereafter as fish or fish products re- delivered to the operator or manager, corded in the R&R documentation are e.g., fish used onboard a vessel, when retained. receiving catch from a catcher vessel, (B) For 3 years. Retain these records buying station, or tender vessel; and for 3 years after the end of the fishing (iv) Transfer information, including year during which the records were fish transferred out of the facility or made. off the vessel. (6) Maintenance of records. The oper- (4) Exemptions—(i) Catcher vessels less ator or manager must maintain all than 60 ft (18.3 m) LOA. Except for ves- records described in this section and in sels using longline pot gear as de- § 679.28 in English and in a legible, scribed in paragraph (c)(3)(i)(B)(1) of timely, and accurate manner, based on

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Alaska local time (A.l.t.); if hand- low the consecutive order of the pre- written, in indelible ink; if computer- vious logbook. generated, as a legible printed paper (ii) Use of two or more vessel logbooks copy. of different gear types. If two or more (7) Custom processing. The manager of different gear types are used onboard a a shoreside processor or SFP or the op- vessel in a fishing year, the operator(s) erator of a mothership must record of this vessel must use the same num- products that result from custom proc- ber of separate vessel logbooks for the essing for another person in eLandings different gear types, each separately consistently throughout a fishing year paginated. using one of the following two meth- (iii) Two vessel logbooks for pair trawl. ods: If two vessels are dragging a trawl be- (i) Combined records. Record landings, tween them (pair trawl), the operator discards or dispositions, and products of each vessel must maintain a sepa- of custom-processed groundfish rou- rate logbook to record the amount of tinely in eLandings using processor the catch retained and fish discarded name, FFP or FPP number, and by that vessel. Each of the two ADF&G processor code; or logbooks must be separately paginated. (ii) Separate records. Record landings, (iv) Two logbooks of different oper- discards or dispositions, and products ation. If a vessel functions both as a of custom-processed groundfish in mothership and as a catcher/processor eLandings identified by the name, FPP in the same fishing year, the oper- number or FFP number, and ADF&G ator(s) must maintain two logbooks, a processor code of the associated busi- separate logbook for each operation ness entity. type, each separately paginated. (b) Representative. The operator of a catcher vessel, mothership, catcher/ (v) Alteration of logbook information. processor, or tender vessel or manager (A) Except as described in paragraph of a shoreside processor, SFP, or buy- (c)(1)(v)(B) of this section, no person ing station may identify one contact may alter or change any entry or person to complete the logbook and record in a logbook. forms and to respond to inquiries from (B) An inaccurate or incorrect entry NMFS. Designation of a representative or record must be corrected by lining under this paragraph (b) does not re- out the original and inserting the cor- lieve the owner, operator, or manager rection, provided that the original of responsibility for compliance under entry or record remains legible. All paragraphs (a)(1) through (6) of this corrections must be made in ink. section. (vi) Logsheet distribution and sub- (c) Logbooks—(1) Requirements—(i) Use mittal. (A) No person except an author- of two or more vessel logbooks of same ized officer may remove any original gear type. If using more than one log- white logsheet of any logbook. book of the same gear type in a fishing (B) The operator must distribute and year onboard a vessel, the operator submit logsheets as indicated in the must ensure that the page numbers fol- following table:

Logsheet Distribution and Submittal Logsheets found in these logbooks If logsheet Submit to ... Time limit color is ... CV lgl/pot CV trw CP lgl/pot CP trw MS

(1) White X X X X X Must retain, permanently bound in logbook

(2) Goldenrod X X X X X Observer After signature of operator and prior to departure of ob- server from the vessel.

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Logsheet Distribution and Submittal Logsheets found in these logbooks If logsheet Submit to ... Time limit color is ... CV lgl/pot CV trw CP lgl/pot CP trw MS

(3) Yellow X X Must submit quarterly to: On the following schedule: NOAA Fisheries Of- 1st quarter by May 1 of fice for Law Enforce- that fishing year. 2nd ment Alaska Region quarter by August 1 of Logbook Program, that fishing year. 3rd P.O. Box 21767, Ju- quarter by November 1 neau, AK 99802– of that fishing year. 4th 1767 Telephone: quarter by February 1 of 907–586–7225 the following fishing year.

(4) Blue X X Mothership, shoreside Within 2 hours after comple- processor, SFP, buying tion of catch delivery station, or tender vessel that receives the harvest

(5) Green X X Optional, but may be re- If required, after the vessel’s quired by IPHC (see catch is off-loaded §§ 300.60 through 300.65 of this chapter) Note: CP = catcher/processor; CV = catcher vessel; pot = longline pot or pot-and-line; lgl = longline; trw = trawl; MS = mothership.

(2) Recording active and inactive time paragraphs (c)(2)(iii)(A) through (F) of periods in the DFL or DCPL—(i) Account this section) on one logsheet in the for each day of the fishing year. The op- DFL or DCPL: erator must account for each day of (A) If a catcher vessel, record vessel the fishing year, January 1 through De- name, ADF&G vessel registration num- cember 31, in the DFL or DCPL and in- ber, FFP number or Federal crab vessel dicate whether the vessel or processor permit number, operator printed name, was active or inactive during the time operator signature, and page number. period. (B) If a mothership or catcher/proc- (A) An active period by fishing cat- essor, record vessel name, ADF&G egory is defined in the following para- processor code, FFP number, operator graphs under this section: printed name, operator signature, and Paragraph Fishing Category page number. (C) Mark ‘‘inactive.’’ (c)(3)(iv)(A)(1) Catcher vessel, longline or pot gear (D) Record the date (mm/dd) of the (c)(3)(iv)(B)(1) Catcher/processor, longline or pot gear first day when inactive under ‘‘Start date.’’ (c)(4)(iv)(A)(1) Catcher vessel, trawl gear (E) Write brief explanation why inac- (c)(4)(iv)(B)(1) Catcher/processor, trawl gear tive, e.g., bad weather or equipment failure. If inactive due to surrender of (c)(5)(ii) Shoreside processor or SFP a FFP or FPP, write ‘‘surrender of per- (c)(6)(iv) Mothership mit’’ as the reason for inactivity. (F) Record the date (mm/dd) of the (B) An inactive period is defined as a last day when inactive under ‘‘End time period other than active. date.’’ (ii) Record January 1 on page 1. The (iv) Inactive two or more quarters. If operator must record the first day of the inactive time period extends across the fishing year, January 1, on page two or more successive quarters, the one of the DFL or DCPL regardless of operator must complete a logsheet for whether the vessel or processor was ac- each inactive quarter. The first tive or inactive. The operator must logsheet must indicate the first and record time periods consecutively. last day of the first inactive quarter. (iii) Required information for inactive Successive logsheets must indicate the periods. If inactive, the operator must first and last day of its respective inac- record the following information (see tive quarter.

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(3) Longline and pot gear catcher vessel a catcher vessel 60 ft (18.3 m) or greater DFL and catcher/processor DCPL—(i) Re- LOA in the BSAI must maintain a sponsibility—(A) Groundfish fisheries. (1) longline and pot gear DFL according to Except as described in paragraph paragraph (c)(3)(iv)(A)(2) of this sec- (f)(1)(i) of this section, the operator of tion, when using hook-and-line gear or a catcher vessel 60 ft (18.3 m) or greater pot gear to harvest IFQ sablefish, and LOA, that is required to have an FFP when using gear composed of lines with under § 679.4(b) and that is using hooks attached or setline gear (IPHC) longline or pot gear to harvest ground- to harvest IFQ halibut or CDQ halibut. fish must maintain a longline and pot (4) Except as described in paragraph gear DFL. (f)(1)(ii) of this section, the operator of (2) Except as described in paragraph a catcher/processor in the GOA must (f)(1)(ii) of this section, the operator of use a combination of a catcher/proc- a catcher/processor that is required to essor longline and pot gear DCPL and have an FFP under § 679.4(b) and that is eLandings according to paragraph using longline or pot gear to harvest (c)(3)(iv)(B)(2) of this section, when groundfish must use a combination of using longline gear or longline pot gear catcher/processor longline and pot gear to harvest IFQ sablefish and when DCPL and eLandings to record and re- using gear composed of lines with port daily processor identification in- hooks attached, setline gear (IPHC), or formation, catch-by-set information, longline pot gear to harvest IFQ hal- groundfish production data, and ibut. groundfish and prohibited species dis- card or disposition data. (5) Except as described in paragraph (B) IFQ halibut, CDQ halibut, and IFQ (f)(1)(ii) of this section, the operator of sablefish fisheries. (1) The operator of a a catcher/processor in the BSAI must catcher vessel less than 60 ft (18.3 m) use a combination of a catcher/proc- LOA, using longline pot gear to harvest essor longline and pot gear DCPL and IFQ sablefish or IFQ halibut in the eLandings according to (c)(3)(iv)(B)(2) GOA must maintain a longline and pot of this section, when using hook-and- gear DFL according to paragraph line gear or pot gear to harvest IFQ sa- (c)(3)(iv)(A)(2) of this section. blefish, and when using gear composed (2) Except as described in paragraph of lines with hooks attached or setline (f)(1)(i) of this section, the operator of gear (IPHC) to harvest IFQ halibut or a catcher vessel 60 ft (18.3 m) or greater CDQ halibut. LOA in the GOA must maintain a (C) CR crab fisheries. The operator of longline and pot gear DFL according to a catcher vessel 60 ft (18.3 m) or greater paragraph (c)(3)(iv)(A)(2) of this sec- LOA, using pot gear to harvest CR crab tion, when using longline gear or from the BSAI must maintain a longline pot gear to harvest IFQ sable- longline and pot gear DFL. fish and when using gear composed of (ii) Reporting time limits—(A) Catcher lines with hooks attached, setline gear vessel. The operator of a catcher vessel (IPHC), or longline pot gear to harvest using longline or pot gear must record IFQ halibut. in the DFL the information from the (3) Except as described in paragraph following table for each set within the (f)(1)(i) of this section, the operator of specified time limit:

REPORTING TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR Required information Time limit for recording

(1) FFP number and/or Federal crab vessel permit number (if Within 2 hours after completion of gear retrieval. applicable), IFQ permit numbers (halibut, sablefish, and crab), CDQ group number, halibut CDQ permit number, set number, date and time gear set, date and time gear hauled, beginning and end positions of set, number of skates or pots set, and estimated total hail weight for each set

(2) Discard and disposition information By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition information.

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REPORTING TIME LIMITS, CATCHER VESSEL LONGLINE OR POT GEAR Required information Time limit for recording

(3) Submit the blue DFL to mothership, shoreside processor, Within 2 hours after completion of catch delivery SFP, buying station, or tender vessel receiving catch

(4) All other required information Within 2 hours after the vessel’s catch is off-loaded, not- withstanding other time limits

(5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery

(6) Submit goldenrod logsheet to the observer After signature of operator and prior to departure of ob- server from the vessel.

(B) Catcher/processor. The operator of submit via eLandings the information a catcher/processor using longline or from the following table for each set pot gear must record in the DCPL or within the specified time limit:

REPORTING TIME LIMITS, CATCHER/PROCESSOR LONGLINE OR POT GEAR Record Submit via Required information In DCPL eLandings Time limit for reporting

(1) FFP number and/or Federal crab vessel per- X Within 2 hours after completion of gear retrieval. mit number (if applicable), IFQ permit numbers (halibut, sablefish, and crab), CDQ group number, halibut CDQ permit number, set number, date and time gear set, date and time gear hauled, be- ginning and end positions of set, number of skates or pots set, and estimated total hail weight for each set

(2) Discard and disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition informa- tion

(3) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information

(4) All other required information X By 2400 hours, A.l.t., of the day following com- pletion of production.

(5) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting pe- riod.

(6) Submit goldenrod logsheet to the observer X After signature of operator and prior to depar- ture of observer from the vessel

(iii) Required information, if inactive. (3) Retain and record discard quantities See paragraph (c)(2) of this section. over the MRA. When a catcher vessel is (iv) Required information, if active—(A) fishing in an IFQ fishery and the fish- Catcher vessel, longline or pot gear. (1) A ery for Pacific cod or rockfish is closed catcher vessel using longline or pot to directed fishing but not in PSC sta- gear is active when gear remains on tus in that reporting area as described the grounds in a reporting area (except in § 679.20, the operator must retain and reporting areas 300, 400, 550, or 690), re- record up to and including the max- gardless of the vessel location. imum retainable amount (MRA) for (2) If a catcher vessel identified in Pacific cod or rockfish as defined in paragraph (c)(3)(i)(A)(1) or (c)(3)(i)(B)(1) Table 10 or 11 to this part. Quantities through (3) of this section is active, the over this amount must be discarded operator must record in the longline and recorded as discard in the logbook. and pot gear DFL, for one or more days on each logsheet, the information list- (B) Catcher/processor, longline or pot ed in paragraphs (c)(3)(v), (vi), (viii), gear. (1) A catcher/processor using and (x) of this section. longline or pot gear is active when

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processing or when all or part of the ADF&G vessel registration number if a longline or pot gear is in the water. catcher vessel or ADF&G processor (2) If a catcher/processor identified in code if a catcher/processor. paragraph (c)(3)(i)(A)(2) or (c)(3)(i)(B)(4) (D) Other permit numbers (if applica- through (5) of this section is active, the ble). IFQ permit number of the oper- operator must record in the catcher/ ator, if any, and each permit number of processor longline and pot gear DCPL any IFQ permit on which anyone the information listed in paragraphs aboard is authorized to fish; groundfish (c)(3)(v) and (vi) of this section and CDQ number; and halibut CDQ permit must record in eLandings the informa- number. tion listed in paragraphs (c)(3)(v), (vii), (E) Reporting area—(1) Groundfish. and (ix) of this section. Record the Federal reporting area code (3) Retain and record discard quantities (see Figures 1 and 3 to this part) where over the MRA. When a catcher/processor gear retrieval was completed, regard- is fishing in an IFQ fishery and the less of where the majority of the set fishery for Pacific cod or rockfish is took place. Use a separate logsheet for closed to directed fishing but not in each reporting area. PSC status in that reporting area as (2) IFQ halibut and CDQ halibut. described in § 679.20, the operator must Record the IPHC regulatory area (see retain and record up to and including Figure 15 to this part) where gear re- the MRA for Pacific cod or rockfish as trieval was completed, regardless of defined in Table 10 or 11 to this part. where the majority of the set took Quantities over this amount must be place. discarded and recorded as discard in (3) CR crab. Leave this field blank. eLandings. (F) Crew size. If a catcher vessel, (v) Identification information—(A) Page record the number of crew members number. Number the pages in each log- (including operator), excluding ob- book consecutively, beginning on the server(s), on the last day of a trip. If a first page of the DFL or DCPL with catcher/processor, record the number of page 1 for January 1 and continuing for crew members (including operator), ex- the remainder of the fishing year. cluding observer(s), on the last day of (B) Printed name and signature of oper- the weekly reporting period. ator. The operator’s name must be (G) Gear type. Use a separate logsheet printed in the DFL or DCPL. The oper- for each gear type. Place a check mark ator must sign each completed logsheet in the box for the gear type used to of the DFL or DCPL as verification of harvest the fish or crab. Record the in- acceptance of the responsibility re- formation from the following table for quired in paragraph (a)(2) of this sec- the appropriate gear type on the tion logsheet. If the gear type is the same (C) Vessel identification. Name of ves- on subsequent logsheets, place a check sel as displayed in official documenta- mark in the box instead of re-entering tion; FFP number or Federal crab ves- the gear type information on the next sel permit number of the vessel; and logsheet.

If gear type is . . . Then . . .

(1) Other gear ...... If gear is other than those listed within this table, indicate ‘‘Other’’ and describe. (2) Pot gear (includes pot-and-line and (i) If using longline pot gear in the GOA, enter the length of longline pot set to the longline pot). nearest foot, the size of pot in inches (width by length by height or diameter), and spacing of pots to the nearest foot. (ii) If using longline pot gear in the GOA, enter the number of pots deployed in each set (see paragraph (c)(3)(vi)(F) of this section) and the number of pots lost when the set is retrieved (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (iii) If using pot gear, enter the number of pots deployed in each set (see para- graph (c)(3)(vi)(F) of this section) and the number of pots lost when the set is re- trieved (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (3) Hook-and-line gear ...... Indicate: (i) Whether gear is fixed hook (conventional or tub), autoline, or snap (op- tional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title).

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If gear type is . . . Then . . .

(ii) Number of hooks per skate (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title), length of skate to the nearest foot (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title), size of hooks, and hook spacing in feet. (iii) Enter the number of skates set and number of skates lost (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title). (iv) Seabird avoidance gear code(s) (see § 679.24(e) and Table 19 to this part). (v) Enter the number of mammals sighted while hauling gear next to the mammal name: Sperm, orca, and other (optional, but may be required by IPHC regula- tions, see §§ 300.60 through 300.65 of this title). (vi) Enter the number of sablefish, halibut, other fish, or hooks damaged found while hauling gear (optional, but may be required by IPHC regulations, see §§ 300.60 through 300.65 of this title).

(H) Management program. Indicate latitude and longitude to the nearest whether harvest occurred under a man- minute; indicate E or W for longitude), agement program (see paragraph where the last hook-and-line gear of a (a)(1)(iii) of this section). Use a sepa- set leaves the water, regardless of rate logsheet for each management where the majority of the set took program. If harvest is not under one of place. the listed management programs, leave (2) Jig or troll gear end position. Date blank. (mm/dd), time (in military format, (I) Observer information. Record the A.l.t.), and end position coordinates (in number of observers aboard, the name latitude and longitude to the nearest of the observer(s), and the observer minute; indicate E or W for longitude) cruise number(s). where the jig or troll gear leaves the (vi) Catch-by-set information. The op- water. erator must record the following infor- (3) Pot gear end position. Date (mm/ mation (see paragraphs (c)(3)(vi)(A) dd), time (in military format, A.l.t.), through (L) of this section) for each set and end position coordinates (in lati- (see § 679.2) in the DFL or DCPL. If no tude and longitude to the nearest catch occurred for a given day, write minute; indicate E or W for longitude) ‘‘no catch.’’ where the last pot of a set is retrieved, (A) Set number. Sequentially by year. regardless of where the majority of the (B) Gear deployment (or to set gear)— set took place. (1) Hook-and-line gear begin position. Record date (mm/dd), time (in military (D) Begin and end buoy or bag num- format, A.l.t.), and the begin position bers. (optional, but may be required by (in latitude and longitude to the near- IPHC regulations (see §§ 300.60 through est minute; indicate E or W for lon- 300.65 of this chapter)). gitude) when the first hook-and-line (E) Begin and end gear depths. Re- gear of a set enters the water. corded to the nearest fathom (optional, (2) Jig or troll gear begin position. but may be required by IPHC regula- Record date (mm/dd), time (in military tions (see §§ 300.60 through 300.65 of this format, A.l.t.), and the begin position chapter)). (latitude and longitude to the nearest (F) Species codes. The operator must minute; indicate E or W for longitude) record and report required information when the jig or troll gear enters the for all groundfish (see Table 2a to this water. part), prohibited species (see Table 2b (3) Pot gear begin position. Record date to this part), forage fish (see Table 2c (mm/dd), time (in military format, to this part), grenadiers (see Table 2c A.l.t.), and the begin position (latitude to this part), and squids (see Table 2c and longitude to the nearest minute; to this part). The operator may record indicate E or W for longitude) when the and report information for non-ground- pot gear enters the water. fish (see Table 2d to this part). (C) Gear retrieval (or to haul gear)—(1) (G) Target species code. Enter the spe- Hook-and-line gear end position. Date cies code of the intended species to be (mm/dd), time (in military format, harvested. Enter only one target spe- A.l.t.), and end position coordinates (in cies code.

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(H) Estimated total hail weight. Enter PSC, daily estimated total weight, bal- the estimated hail weight, which is an ance forward weight from the previous estimate of the total weight of the en- day, and cumulative total weight since tire catch without regard to species. last delivery for each species; indicate Indicate whether weight is estimated whether weight is estimated to the to the nearest pound or to the nearest nearest pound or nearest 0.001 mt. 0.001 mt. (3) For whole fish discard or disposi- (I) IR/IU species (see § 679.27). If a tion of each prohibited species (Pacific catcher/processor, enter species code of salmon, steelhead trout, Pacific hal- IR/IU species and estimated total ibut, king crabs, and Tanner crabs) round weight for each IR/IU species, if record the daily estimated total num- applicable; indicate whether weight is ber, balance forward from the previous estimated to the nearest pound or the day, and cumulative total number nearest 0.001 mt. Use one line to record since the last delivery. information for each IR/IU species, in- (4) Summarize the weekly cumu- cluding species code and amount of lative discard and disposition totals of catch. If more than one IR/IU species groundfish weights and number of PSC are to be recorded, the operator must animals separately by reporting area, use a separate line for each species. management program, and gear type. (J) IFQ halibut and CDQ halibut. Esti- Determine the weekly cumulative mated total net weight of IFQ halibut total by adding daily totals and the and CDQ halibut to the nearest pound. balance carried forward from the day (K) IFQ sablefish. Number and esti- before. mated total round weight of IFQ sable- (B) The operator must record ‘‘0’’ or fish to the nearest pound. Indicate zero balance forward and start a new whether IFQ sablefish product is West- logsheet after the offload or transfer of ern cut, Eastern cut, or round weight. all fish or fish product onboard and (L) CR crab. If in a CR crab fishery, prior to the beginning of each fishing record the number and scale weight of trip. Nothing shall be carried forward raw CR crab to the nearest pound. from the previous fishing trip. (vii) Product information, catcher/proc- (ix) Discard or disposition information, essor. The operator of a catcher/proc- catcher/processor. The operator of a essor using longline or pot gear must catcher/processor using longline or pot record groundfish product information gear must record all discard or disposi- for all retained groundfish in tion information in eLandings (see eLandings (see paragraph (e)(10) of this paragraph (e)(10) of this section). section). (x) Catcher vessel delivery information. (viii) Discard or disposition informa- The operator of a catcher vessel must tion, catcher vessel. The operator must enter the following information (see record in a DFL the discard or disposi- paragraphs (c)(3)(x)(A) through (D) of tion information that occurred prior to this section) for delivery to a buying and during delivery to a buying sta- station, tender vessel, mothership, tion, tender vessel, mothership, shore- shoreside processor, or SFP: side processor, or SFP. Discard or dis- (A) Date (mm/dd) that delivery of position information must include the harvest was completed. daily weight of groundfish, daily (B) ADF&G fish ticket issued to oper- weight of herring PSC, and daily num- ator by the recipient, Registered ber of PSC animals. If no discard or Buyer, or RCR receiving the delivery. disposition occurred for a given day, (C) Name of recipient, Registered the operator must write ‘‘no discards Buyer, or RCR. or disposition.’’ (D) For the unloading port, enter the (A) Enter discard or disposition infor- name of the port or port code (see Ta- mation by species codes and product bles 14a and 14b to this part) of delivery codes as follows: location. (1) Date (mm/dd) of discard or dis- (4) Trawl gear catcher vessel DFL and position (day that discard or disposi- catcher/processor DCPL—(i) Responsi- tion occurred). bility. (A) Except as described in para- (2) For whole fish discard or disposi- graph (f)(1)(iii) of this section, the op- tion of groundfish or Pacific herring erator of a catcher vessel 60 ft (18.3 m)

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or greater LOA, that is required to tion information, catch-by-haul land- have an FFP under § 679.4(b), and that ing information, groundfish production is using trawl gear to harvest ground- data, and groundfish and prohibited fish must maintain a trawl gear DFL, species discard or disposition data. must complete one or more logsheets Under paragraph (f)(1)(vii) of this sec- per day. Upon notification by the Re- tion, the operators of AFA catcher/ gional Administrator, a DFL from the processors or any catcher/processor previous year may be used. harvesting pollock CDQ are required to (B) Except as described in paragraph use an ELB and no longer report using (f)(1)(iv) or (vii) of this section, the op- a DCPL. erator of a catcher/processor that is re- quired to have an FFP under § 679.4(b) (ii) Reporting time limits—(A) Catcher and that is using trawl gear to harvest vessel. The operator of a catcher vessel groundfish is required to use a com- using trawl gear must record in the bination of catcher/processor trawl DFL the information in the following gear DCPL and eLandings to record table for each haul within the specified and report daily processor identifica- time limit:

REPORTING TIME LIMITS, CATCHER VESSEL TRAWL GEAR Required information Time limit for recording

(1) Haul number, time and date gear set, time and date gear Within 2 hours after completion of gear retrieval, except hauled, beginning and end positions, CDQ number (if applica- that catcher vessels harvesting pollock CDQ in the BS and ble), total estimated hail weight for each haul delivering unsorted codends to a mothership must record CDQ number within 2 hours after completion of weighing all catch in the haul on the mothership

(2) Discard and disposition information By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition information.

(3) Submit blue DFL to mothership, shoreside processor, SFP, Within 2 hours after completion of catch delivery buying station, or tender vessel receiving the catch

(4) Record all other required information Within 2 hours after the vessel’s catch is off-loaded, not- withstanding other time limits

(5) Operator sign the completed logsheets Within 2 hours after completion of catch delivery

(6) Submit the goldenrod logsheet to the observer After signature of operator and prior to departure of ob- server from the vessel.

(B) Catcher/processor. The operator of eLandings the information in the fol- a catcher/processor using trawl gear lowing table for each haul within the must record in the DCPL or submit via specified time limit:

REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Record Submit via Required information In DCPL eLandings Time limit for recording

(1) Management program, except CDQ Program, X Within 2 hours after completion of gear retrieval. haul number, time and date gear set, time and date gear hauled, begin and end positions of gear, and, if not required to weigh catch on a scale approved by NMFS, total estimated hail weight for each haul

(2) CDQ number (if applicable) and, if required to X Within 2 hours after completion of weighing all weigh catch on a scale approved by NMFS, the catch in the haul. scale weight of total catch for each haul

(3) Discard and disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard and disposition informa- tion.

(4) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information

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REPORTING TIME LIMITS, CATCHER/PROCESSOR TRAWL GEAR Record Submit via Required information In DCPL eLandings Time limit for recording

(5) All other required information X By 2400 hours, A.l.t., of the day following com- pletion of production to record all other required information.

(6) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting period

(7) Submit the goldenrod logsheet to the observer X After signature of operator and prior to depar- ture of observer from the vessel.

(iii) Required information, if inactive. tion. The operator’s signature is due by See paragraph (c)(2) of this section. 2400 hours A.l.t. of the day following (iv) Required information, if active—(A) the week-ending date of the weekly re- Catcher vessel. (1) A catcher vessel porting period. using trawl gear is active when all or (D) Vessel identification. Name of ves- part of the trawl net is in the water. sel as displayed in official documenta- (2) If the catcher vessel identified in tion; FFP number of the vessel; paragraph (c)(4)(i)(A) of this section is ADF&G vessel registration number if a active, the operator must record for catcher vessel; and ADF&G processor one day per logsheet in the DFL, the code if a catcher/processor. information described in paragraphs (E) Federal reporting area. Record the (c)(4)(v), (vi), (viii), and (x) of this sec- Federal reporting area code where gear tion. retrieval was completed, regardless of (B) Catcher/processor. (1) A catcher/ where the majority of the set took processor using trawl gear is active place. Use a separate logsheet for each when processing groundfish or when all reporting area. or part of the trawl net is in the water. (F) COBLZ or RKCSA. If gear re- (2) If the catcher/processor identified trieval occurred in the COBLZ (see Fig- in paragraph (c)(4)(i)(B) of this section ure 13 to this part) or RKCSA (see Fig- is active, the operator must record for ure 11 to this part) area within a re- one day per logsheet in the DCPL, the porting area, use two separate information described in paragraphs logsheets, the first to record the infor- (c)(4)(v) and (vi) of this section and mation from the reporting area that submit in eLandings the information includes COBLZ or RKCSA, and the described in paragraphs (c)(4)(v), (vii), second to record the information from and (ix) of this section. the reporting area that does not in- (v) Identification information. If ac- tive, the operator must record the fol- clude COBLZ or RKCSA. lowing information (see paragraphs (G) Crew size. If a catcher vessel, (c)(4)(v)(A) through (J) of this section): record the number of crew members (A) Date. Enter date of each day (mm/ (including operator), excluding ob- dd/yyyy). This date is also the date of server(s), on the last day of a trip. If a gear deployment. catcher/processor, record the number of (B) Page number. Number the pages in crew members (including operator), ex- each logbook consecutively, beginning cluding observer(s), on the last day of on the first page of the DFL or DCPL the weekly reporting period. with page 1 for January 1 and con- (H) Gear type. Use a separate logsheet tinuing for the remainder of the fishing for each gear type. Indicate whether year. pelagic trawl or non-pelagic trawl gear (C) Printed name and signature of oper- was used to harvest the fish. ator. The operator’s name must be (I) Management program. Indicate printed in the DFL or DCPL. The oper- whether harvest occurred under one of ator must sign each completed logsheet the management programs (see para- of the DFL or DCPL as verification of graph (a)(1)(iii) of this section). Use a acceptance of the responsibility re- separate logsheet for each management quired in paragraph (a)(2) of this sec- program. If harvest is not under one of

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the listed management programs, leave applicable; indicate whether estimated blank. weight is to the nearest pound or the (J) Observer information. Record the nearest 0.001 mt. Use one line to record number of observers aboard, the name information for each IR/IU species, in- of the observer(s), and the observer cluding species code and amount of cruise number(s). catch. If more than one IR/IU species (vi) Catch-by-haul information. The are to be recorded, the operator must operator must record the following in- use a separate line for each species. formation (see paragraphs (c)(4)(vi)(A) (H) Total estimated hail weight. (1) If a through (I) of this section) for each catcher vessel or catcher/processor haul (see § 679.2). If no catch occurred using trawl gear and not using NMFS- for a given day, write ‘‘no catch.’’ approved scales, the operator must (A) Haul number. Number hauls se- record the hail weight of each haul; quentially by year. total hail weight is an estimate of the (B) Gear deployment (or to set gear). total weight of the entire catch with- Record the following information (see out regard to species. Indicate whether paragraphs (c)(4)(vi)(B)(1) and (2) of estimated weight is to the nearest this section) for trawl gear deploy- pound or to the nearest 0.001 mt. ment: (2) If a catcher/processor using trawl (1) The time (in military format, gear is required to use a NMFS-ap- A.l.t.) when the trawl net enters the proved scale, the operator must record water, and the scale weight of each haul without (2) The position (latitude and lon- regard to species. Indicate whether gitude to the nearest minute; indicate weight is to the nearest pound or to the E or W for longitude) where the trawl nearest 0.001 mt. net enters the water. (I) Movement to Avoid Salmon. If a (C) Gear retrieval (or to haul gear). catcher vessel is directed fishing for Record the following information (see pollock in the Bering Sea, indicate paragraphs (c)(4)(vi)(C)(1) and (2) of with a check mark (X) whether, prior this section) for trawl gear retrieval: to the haul, the operator moved fishing (1) The date (mm/dd) and time (in location primarily to avoid Chinook military format, A.l.t.) when retrieval salmon bycatch. of trawl gear cable begins. (vii) Product information, catcher/proc- (2) The position (in latitude and lon- essor. The operator of a catcher/proc- gitude to the nearest minute; indicate essor using trawl gear must record all E or W for longitude) where retrieval of product information for all retained trawl gear cable begins. groundfish in eLandings (see paragraph (D) Average sea depth and average gear (e)(10) of this section). depth. Average sea depth and average (viii) Discard or disposition informa- gear depth; indicate whether average is tion, catcher vessel. The operator must reported to the nearest meter or fath- record in a DFL (see paragraphs om. (c)(4)(viii)(A) through (E) of this sec- (E) Species codes. The operator must tion) the discard or disposition that oc- record and report required information curred prior to and during delivery to a for all groundfish (see Table 2a to this buying station, tender vessel, part), prohibited species (see Table 2b mothership, shoreside processor, or to this part), forage fish (see Table 2c SFP. If no discards or disposition oc- to this part), grenadiers (see Table 2c curred on a given day, write ‘‘no dis- to this part), and squids (see Table 2c cards or disposition.’’ to this part). The operator may record (A) Species code and product code. and report information for non-ground- Record the species code and product fish (see Table 2d to this part). code for all discards and disposition of (F) Target species code. Enter the spe- groundfish and PSC Pacific herring, cies code of the species to be harvested. Pacific salmon, steelhead trout, Pacific Enter only one target species code. halibut, king crabs, and Tanner crabs. (G) IR/IU species (see § 679.27). If a (B) Discard and disposition weight. catcher/processor, enter species code of Record the daily estimated total round IR/IU species and estimated total weight of groundfish or Pacific herring round weight for each IR/IU species, if PSC discards and disposition, balance

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forward weight from the previous day, (B) ADF&G fish ticket number issued and cumulative total weight since last to operator by the recipient receiving delivery, calculated by adding the the delivery, and daily totals and balance carried for- (C) Name and ADF&G processor code ward from the day before; indicate of recipient. whether estimated weight is to the (5) Shoreside processor DCPL. The nearest pound or nearest 0.001 mt. shoreside processor DCPL has been re- (C) PSC discard numbers. Record the placed by eLandings and is no longer daily number of PSC discards and dis- available. (See paragraph (e) of this position, balance forward from the pre- section.) vious day, and cumulative total num- ber since last delivery of PSC animals (i) Required information, if inactive. (Pacific salmon, steelhead trout, Pa- See paragraph (c)(2) of this section. cific halibut, king crabs, and Tanner (ii) Required information, if active. A crabs). shoreside processor or SFP is active (D) Discard and disposition cumulative when receiving or processing ground- total. Summarize cumulative discard fish. and disposition totals of groundfish (6) Mothership DCPL—(i) Responsi- and PSC animals separately by report- bility. Except as described in paragraph ing area, if harvest occurred in the (f)(1)(v) of this section, the operator of COBLZ or RKCSA, management pro- a mothership that is required to have gram, and gear type. an FFP under § 679.4(b), or the manager (E) Discard zero balance forward. After of a CQE floating processor that re- the offload or transfer of all fish or fish ceives or processes any groundfish from product onboard and prior to the begin- the GOA or BSAI from vessels issued ning of each fishing trip, the operator an FFP under § 679.4(b), is required to must record the balance forward from use a combination of mothership DCPL the previous day as ‘‘zero’’ and start a and eLandings to record and report new logsheet. At the beginning of each daily processor identification informa- fishing trip, nothing shall be carried tion, delivery information, groundfish forward from the previous fishing trip. production data, and groundfish and (ix) Discard or disposition information, prohibited species discard or disposi- catcher/processor. The operator of a tion data. The operator or manager catcher/processor using trawl gear must enter into the DCPL any infor- must record discard or disposition in- formation in eLandings (see paragraph mation for groundfish received from (e)(10) of this section). catcher vessels, groundfish received (x) Catcher vessel delivery information. from processors for reprocessing or re- The operator must enter the following handling, and groundfish received from delivery information (see paragraphs an associated tender vessel. (c)(4)(x)(A) through (C) of this section) (ii) Reporting time limits. The operator for groundfish delivered to a buying of a mothership must record in the station, tender vessel, mothership, DCPL or submit via eLandings the in- shoreside processor, or SFP: formation in the following table for (A) Date (mm/dd) that delivery of each groundfish delivery within the harvest was completed, specified time limit:

REPORTING TIME LIMITS, MOTHERSHIP Record Submit via Required information In DCPL eLandings Time limit for reporting

(A) All catcher vessel or tender vessel delivery in- X Within 2 hours after completion of receipt of formation each groundfish delivery.

(B) Product information X By 2400 hours, A.l.t., each day to record the previous day’s production information

(C) Discard or disposition information X By 2400 hours, A.l.t., each day to record the previous day’s discard/disposition

(D) All other required information X By 2400 hours, A.l.t., of the day following com- pletion of production

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REPORTING TIME LIMITS, MOTHERSHIP Record Submit via Required information In DCPL eLandings Time limit for reporting

(E) Operator sign the completed logsheets X By 2400 hours, A.l.t., of the day following the week-ending date of the weekly reporting pe- riod.

(F) Submit the goldenrod logsheet to the observer X After signed by the operator and prior to depar- ture of observer from the mothership.

(iii) Required information, if inactive. (G) Federal reporting areas. Record See paragraph (c)(2) of this section. Federal reporting area code (see Fig- (iv) Required information, if active. A ures 1 and 3 to this part) where harvest mothership is active when receiving or was completed. Use a separate logsheet processing groundfish. If the for each reporting area. mothership identified in paragraph (H) COBLZ or RKCSA. If groundfish (c)(6)(i) of this section is active, the op- was harvested with trawl gear in the erator must record for one day per COBLZ or RKCSA, use two separate logsheet in the DCPL, the information logsheets to record the information: described in paragraphs (c)(6)(v) and one logsheet for the reporting area (vi) of this section and record in that includes COBLZ or RKCSA, and a eLandings the information described in second logsheet to record the informa- paragraphs (c)(6)(v), (vii), and (viii) of tion from the reporting area that does this section. not include COBLZ or RKCSA. (v) Identification information. If ac- (I) Observer information. Record the tive, the operator must record the fol- number of observers aboard, the lowing information (see paragraphs name(s) of the observer(s), and the ob- (c)(6)(v)(A) through (J) of this section) server cruise number(s). in the DCPL: (J) Management program. Indicate (A) Page number. Number the pages in whether harvest occurred under one of each logbook consecutively, beginning the management programs (see para- with page 1 for January 1 and con- graph (a)(1)(iii) of this section). Use a tinuing throughout the logbook for the separate logsheet for each management remainder of the fishing year. program. If harvest is not under one of (B) Printed name and signature of oper- the listed management programs, leave ator. The operator’s name must be blank. printed in the DCPL. The operator (vi) Delivery information. The operator must sign each completed DCPL must record delivery information (see logsheet as verification of acceptance paragraphs (c)(6)(vi)(A) through (H) of of the responsibility required in para- this section) when unprocessed ground- graph (a)(2) of this section. fish deliveries are received by the (C) Vessel information. Name of mothership from a tender vessel or a mothership, or CQE floating processor catcher vessel. If no deliveries are re- as displayed in official documentation, ceived for a given day, write ‘‘no deliv- FFP or FPP number, and ADF&G proc- eries.’’ essor code. (A) Type of delivery. Enter ‘‘CV’’ or (D) Date. Enter date (mm/dd/yyyy) of ‘‘TV’’ to indicate if delivery was from a each operating day. catcher vessel or tender vessel, respec- (E) Crew size. Record the number of tively. crew members (including operator), ex- (B) Non-submittal of discard report. In- cluding observer(s), on the last day of dicate whether the blue logsheet was the weekly reporting period. received from the catcher vessel at the (F) Gear type. Indicate the gear type time of catch delivery. If the delivery of harvester. If gear type is other than was from a tender vessel, leave this those listed, circle ‘‘Other’’ and de- column blank. If the blue logsheet is scribe. Use a separate logsheet for each not received from the catcher vessel, gear type. enter ‘‘NO’’ and one of the response

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codes in the following table to describe sociated tender vessel, record the the reason for non-submittal. ADF&G fish ticket numbers issued by the tender vessel on behalf of the NON-SUBMITTAL OF DISCARD REPORT CODE mothership to the catcher vessel. (1) The catcher vessel does not have an ‘‘P’’ (vii) Product information. The oper- FFP ator of a mothership must record all (2) The catcher vessel is under 60 ft (18.3 ‘‘P’’ groundfish product information in m) LOA and does not have an FFP eLandings (see paragraph (e)(10) of this section), including products made from (3) The catcher vessel is under 60 ft (18.3 ‘‘L’’ m) LOA and has an FFP unprocessed groundfish deliveries re- ceived from a tender vessel or a catch- (4) The catcher vessel delivered an ‘‘U’’ er vessel; groundfish received from an- unsorted codend other processor or other source; and (5) Another reason; describe circumstances ‘‘O’’ groundfish received for custom proc- essing (see paragraph (a)(7) of this sec- (C) Vessel identification. Name and tion) by the mothership for another ADF&G vessel registration number of processor or business entity. the catcher vessel or tender vessel (if (viii) Discard or disposition informa- applicable) delivering the groundfish. tion. The operator of a mothership (D) Receipt time. Record time (in mili- must record discard and disposition in- tary format, A.l.t.) when receipt of formation in eLandings (see paragraph groundfish delivery was completed. (e)(10) of this section). The discard or (E) Beginning position of receipt. disposition information must include: Record the position coordinates (in (A) Discards and disposition that oc- latitude and longitude to the nearest curred onboard after receipt of ground- minute; indicate E or W for longitude) fish from a catcher vessel or tender where receipt of the groundfish deliv- vessel; ery began. (B) Discards and disposition that oc- (F) Estimated total groundfish hail curred prior to, during, and after proc- weight. Enter the estimated total hail essing of groundfish; weight of the combined species of each (C) Discards and disposition that delivery from a catcher vessel or ten- were reported on a blue DFL received der vessel. Total estimated hail weight from a catcher vessel delivering is an estimate of the total weight of groundfish; the entire catch without regard to spe- (D) Discards and disposition that are cies. Indicate whether the estimated recorded on a blue DFL received from a weight is to the nearest pound or to the catcher vessel even though no ground- nearest 0.001 mt. If a catcher vessel re- fish are delivered; and ported discards on a blue DFL but did (d) [Reserved] not deliver groundfish, enter ‘‘0’’ in (e) Interagency Electronic Reporting this column. System (IERS) and eLandings—(1) Re- (G) IR/IU species (see § 679.27). Enter sponsibility—(i) Hardware, software, and the species code of IR/IU species and Internet connectivity. A User must ob- the estimated total round weight for tain at his or her own expense hard- each IR/IU species, if applicable; indi- ware, software, and Internet cate whether estimated weight is to connectivity to support Internet sub- the nearest pound or the nearest 0.001 missions of commercial fishery land- mt. Use one line to record information ings for which participants report to for each IR/IU species, including spe- NMFS: landing data, production data, cies code and amount of catch. If more and discard or disposition data. The than one IR/IU species are to be re- User must enter this information via corded, the operator must use a sepa- the Internet by logging on to the rate line for each species. eLandings system at http:// (H) ADF&G fish ticket numbers. If re- elandings.alaska.gov or other NMFS-ap- ceiving unprocessed groundfish from a proved software or by using the desk- catcher vessel, record the ADF&G fish top client software. ticket number that the mothership (ii) Reporting of non-IFQ groundfish. If issued to each catcher vessel. If receiv- the User is unable to submit commer- ing unprocessed groundfish from an as- cial fishery landings of non-IFQ

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groundfish due to hardware, software, agrees to the following terms (see para- or Internet failure for a period longer graphs (e)(2)(iii)(A) through (C) of this than the required reporting time, con- section): tact NMFS Inseason Management at (A) To use eLandings access privi- 907–586–7228 for instructions. When the leges only for submitting legitimate hardware, software, or Internet is re- fishery landing reports; stored, the User must enter this same (B) To safeguard the UserID and pass- information into eLandings or other word to prevent their use by unauthor- NMFS-approved software. ized persons; and (iii) IFQ manual landing report. If the (C) To ensure that the User is author- User is unable to submit commercial ized to submit landing reports for the fishery landings of IFQ crab, IFQ hal- processor permit number(s) listed. ibut, CDQ halibut, or IFQ sablefish due (3) Information required for eLandings to hardware, software, or Internet fail- processor registration form. The User ure for a period longer than the re- must enter the following information quired reporting time, or a change (see paragraphs (e)(3)(i) through (ix) of must be made to information already this section) to obtain operation reg- submitted, the User must complete an istration and UserID registration: IFQ manual landing report. Manual (i) Operation type. Select the oper- landing instructions must be obtained ation type from the dropdown list. from OLE, Juneau, AK, at 800–304–4846 (ii) Operation name. Enter a name (Select Option 1). that will refer to the specific oper- (A) The User must complete all ques- ation. For example, if the plant is in tions on the manual report, even if Kodiak and the company is East Pa- only one item has changed. The fol- cific Seafoods, the operation name lowing additional information is re- might read ‘‘East Pacific Seafoods-Ko- quired: whether the report is original diak.’’ or revised, name, telephone number, (iii) ADF&G processor code. Enter and fax number of individual submit- ADF&G processor code. ting the manual landing report. (iv) Federal permit number. Enter all (B) The User must fax the IFQ man- the federal permits associated with the ual landing report to 907–586–7313. operation. (C) The User must retain the paper (A) Groundfish shoreside processor, copies of IFQ manual landing reports SFP, or CQE floating processor. If a as indicated at paragraph (a)(5) of this groundfish shoreside processor, SFP, or section and make them available upon CQE floating processor, enter the FPP request of NMFS observers and author- number. ized officers as indicated at paragraph (B) Groundfish catcher/processor or (a)(6) of this section. mothership. If a groundfish catcher/ (2) eLandings processor registration. (i) processor or mothership, enter the FFP Before a User can use the eLandings number. system to report landings, production, (C) Registered Buyer. If a Registered discard or disposition data, he or she Buyer, enter the Registered Buyer per- must request authorization to use the mit number. system, reserve a unique UserID, and (D) Registered Crab Receiver. If a Reg- obtain a password by using the Inter- istered Crab Receiver, enter the Reg- net to complete the eLandings proc- istered Crab Receiver permit number. essor registration at https:// (v) Port code. Enter the home port elandings.alaska.gov/elandings/Register. code (see Tables 14a, 14b, and 14c to (ii) Upon registration acceptance, the this part) for the operation. User must print, sign, and mail the (vi) ADF&G vessel registration number. User Agreement Form to NMFS at the If a mothership, catcher/processor, or address or fax number shown on the tender operation, the operator must form. Confirmation will be e-mailed to enter the ADF&G vessel identification indicate that the User is registered, au- number of the vessel. thorized to use eLandings, and that the (vii) Vehicle license number. If a buy- UserID and User’s account are enabled. ing station operation that is a vehicle, (iii) The User’s signature on the reg- enter vehicle license number and the istration form means that the User state of license issuance.

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(viii) Physical operation. If a buying paragraphs (e)(5)(i)(A) through (C) of station, tender vessel, or custom proc- this section) for each groundfish deliv- essor, enter the following information ery (other than IFQ sablefish) provided to identify the associated processor by the operator of a catcher vessel, the where the processing will take place: operator or manager of an associated operation type, ADF&G processor code, buying station or tender vessel, and and applicable FFP number, FPP num- from processors for reprocessing or re- ber, Registered Buyer permit number, handling product into eLandings or and Registered Crab Receiver permit other NMFS-approved software: number. (A) Delivery information. (1) Number (ix) UserID registration for primary of observers onboard. User. Each operation requires a pri- (2) For crew size, enter the number of mary User. Enter the following infor- licensed crew aboard the vessel, includ- mation for the primary User for the ing the operator. new operation: create and enter a (3) Management program name and UserID, initial password, company identifying number, if any, in which name, User name (name of the person harvest occurred (see paragraph who will use the UserID), city and (a)(1)(iii) of this section). state where the operation is located, (4) ADF&G groundfish statistical business telephone number, business area of harvest. fax number, business e-mail address, (5) For date of landing, enter date security question, and security answer. (mm/dd/yyyy) that the delivery was (4) Information entered automatically completed. for eLandings landing report. eLandings (6) Indicate (YES or NO) whether de- autofills the following fields from proc- livery is from a buying station or ten- essor registration records (see para- der vessel. graph (e)(2) of this section): UserID, (7) If the delivery is received from a processor company name, business buying station, indicate the name of telephone number, e-mail address, port the buying station. If the delivery is of landing, operation type (for catcher/ received from a tender vessel, enter the processors, motherships, or SFPs), ADF&G vessel registration number. ADF&G processor code, and Federal (8) If delivery is received from a permit number. The User must review catcher vessel, indicate the ADF&G the autofilled cells to ensure that they vessel registration number of the ves- are accurate for the landing that is sel. taking place. eLandings assigns a (9) Indicate whether the blue logsheet unique landing report number and an was received from the catcher vessel at ADF&G electronic fish ticket number the time of catch delivery. If the blue upon completion of data entry. logsheet is not received from the (5) Shoreside processor, SFP, or CQE catcher vessel, enter ‘‘NO’’ and select floating processor landing report. The the applicable code from the following manager of a shoreside processor, SFP, table to explain the reason provided by or CQE floating processor that receives the catcher vessel for not supplying groundfish from a catcher vessel issued this copy: an FFP under § 679.4 and that is re- quired to have an FPP under § 679.4(f) NON-SUBMITTAL OF DISCARD REPORT CODE must use eLandings or other NMFS-ap- proved software to submit a daily land- (i) The catcher vessel does not have an ‘‘P’’ FFP ing report during the fishing year to report processor identification infor- (ii) The catcher vessel is under 60 ft (18.3 ‘‘P’’ mation and the following information m) LOA and does not have an FFP under paragraphs (e)(5)(i) through (iii) (iii) The catcher vessel is under 60 ft (18.3 ‘‘L’’ of this section: m) LOA and has an FFP (i) Information entered for each groundfish delivery to a shoreside proc- (iv) The catcher vessel delivered an ‘‘U’’ unsorted codend essor, SFP, or CQE floating processor. The User for a shoreside processor, (v) Another reason; describe circumstances ‘‘O’’ SFP, or CQE floating processor must enter the following information (see (10) Gear type of harvester.

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(11) ADF&G fish ticket number pro- port with the landed scale weight for vided to catcher vessel (eLandings as- each species by 1200 hours, A.l.t., of the signs an ADF&G fish ticket number to third day following completion of the the landing report). delivery. (12) If receiving deliveries of ground- (iii) Compliance. By using eLandings, fish in the marine municipal bound- the User for the shoreside processor or aries of a CQE community listed in SFP and the operator for the catcher Table 21 to this part. vessel or tender vessel or manager of (B) Landed scale weight. The User for the buying station providing informa- a shoreside processor or SFP must tion to the User for the shoreside proc- record landed scale weight (to the near- essor or SFP accept the responsibility est pound) for all retained species from of and acknowledge compliance with groundfish deliveries by species code § 679.7(a)(10). and delivery condition code. Obtain ac- (6) Mothership landing report. The op- tual weights for each groundfish spe- erator of a mothership that is issued an cies received and retained by: FFP under § 679.4(b) that receives (1) Sorting according to species codes groundfish from a catcher vessel re- and direct weighing of that species, or quired to have an FFP under § 679.4 is (2) Weighing the entire delivery and required to use eLandings or other then sorting and weighing the ground- fish species individually to determine NMFS-approved software to submit a their weights. daily landing report during the fishing (C) Discard or disposition information. year to report processor identification The User must record: information and the following informa- (1) Discard or disposition of fish: that tion under paragraphs (e)(6)(i) through occurred on and was reported by a (iii) of this section: catcher vessel; that occurred on and (i) Information entered for each ground- was reported by a buying station or fish delivery to a mothership. The User tender vessel; and that occurred prior for a mothership must enter the fol- to, during, and/or after production of lowing information (see paragraphs groundfish at the shoreside processor (e)(6)(i)(A)(1) through (12) of this sec- or SFP. Discards and dispositions also tion) provided by the operator of a must be recorded when no groundfish catcher vessel, operator or manager of are delivered but the blue DFL is sub- an associated tender vessel, or informa- mitted by a catcher vessel containing tion received from processors for re- records of discards or disposition. processing or rehandling product. (2) If groundfish or PSC herring, (A) Delivery information. (1) Number enter species code, delivery condition of observers onboard. code, disposition code, and weight (to (2) Crew size (including operator). the nearest pound), and (3) Management program name and (3) If PSC halibut, salmon, or crab, identifying number, if any, in which enter species code, delivery condition harvest occurred (see paragraph code, disposition code, and count (in (a)(1)(iii) of this section). numbers of animals). (4) ADF&G groundfish statistical (ii) Submittal time limit. The User for a area of harvest. shoreside processor or SFP must sub- (5) Date (mm/dd/yyyy) that delivery mit a landing report containing the in- was completed. formation described in paragraph (e)(5)(i) of this section for each ground- (6) If the delivery is received from a fish delivery from a specific vessel by tender, enter the ADF&G vessel reg- 1200 hours, A.l.t., of the day following istration number of the tender. completion of the delivery. If the land- (7) If delivery received from a catcher ed scale weight required in paragraph vessel, enter the ADF&G vessel reg- (e)(5)(i)(C) of this section is not avail- istration number of the vessel. able by this deadline, the User must (8) Indicate whether the blue logsheet transmit an estimated weight for each was received from the catcher vessel at species by 1200 hours, A.l.t., of the day the time of catch delivery. If the blue following completion of the delivery, logsheet was not received from the and must submit a revised landing re- catcher vessel, enter ‘‘NO’’ and select a

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code from the following table to ex- catcher vessel operator or tender vessel plain the reason provided by the catch- operator providing information to the er vessel for not supplying this copy. User for the mothership accept the re- sponsibility of and acknowledge com- NON-SUBMITTAL OF DISCARD REPORT CODE pliance with § 679.7(a)(10). (i) The catcher vessel does not have an ‘‘P’’ (7) Registered Buyer landing report. A FFP person who is issued a Registered (ii) The catcher vessel is under 60 ft (18.3 ‘‘P’’ Buyer permit under § 679.4(d)(3) and m) LOA and does not have an FFP who receives IFQ halibut or IFQ sable- fish from an IFQ permit holder or who (iii) The catcher vessel is under 60 ft (18.3 ‘‘L’’ receives CDQ halibut from a CDQ per- m) LOA and has an FFP mit holder at any time during the fish- (iv) The catcher vessel delivered an ‘‘U’’ ing year is required to use eLandings unsorted codend or other NMFS-approved software to (v) Another reason; describe circumstances ‘‘O’’ submit landing reports with the fol- lowing information from paragraphs (9) Gear type of harvester. (e)(7)(i) and (ii) of this section): (10) Total estimated round weight by (i) Information entered for each IFQ species (pounds). halibut, CDQ halibut, and IFQ sablefish (11) ADF&G fish ticket number pro- delivery. The User for a Registered vided to catcher vessel (eLandings as- Buyer must enter the following infor- signs an ADF&G fish ticket number to mation (see paragraphs (e)(7)(i)(A) the landing report). through (E) of this section) for each (12) For deliveries from catcher ves- IFQ halibut, CDQ halibut, and IFQ sa- sels directed fishing for pollock in the blefish delivery into eLandings or Bering Sea, indicate whether, prior to other NMFS-approved software: the haul, the operator of the catcher (A) User identification. UserID and vessel moved fishing location primarily password of person assigned for that to avoid Chinook salmon bycatch. system. (B) Discard or disposition information. (B) Landing date. Date (mm/dd/yyyy) (1) The User must record discard or dis- of the landing. position information that occurred on (C) Landing location. Location (port and was reported by a catcher vessel; code) of the landing (See Tables 14a, that occurred on and was reported by a 14b, and 14c to this part). tender vessel; and that occurred prior (D) Permit numbers. Permit number of to, during, and after production of the IFQ permit holder, and any IFQ groundfish at the mothership. Discards hired master permit holder, or CDQ and dispositions also must be recorded hired master permit holder harvesting when no groundfish are delivered but the fish and permit number of Reg- the blue DFL is submitted by a catcher istered Buyer receiving the IFQ hal- vessel containing records of discards or ibut, IFQ sablefish, or CDQ halibut. disposition. (E) Delivery information. As reported (2) If groundfish or PSC herring, by the IFQ permit holder, IFQ hired enter species code, delivery condition master permit holder, or CDQ hired code, disposition code, and weight (to master permit holder including the in- the nearest pound), and formation in paragraphs (e)(7)(i)(E)(1) (3) If PSC halibut, salmon, or crab, through (9) of this section): enter species code, delivery condition (1) Harvesting vessel’s ADF&G vessel code, disposition code, and count (in registration number. numbers of animals). (2) Gear code of gear used to harvest (ii) Submittal time limit. The User for a IFQ halibut, IFQ sablefish, or CDQ hal- mothership must submit a landing re- ibut. port containing the information de- (3) ADF&G fish ticket number(s) for scribed at paragraph (e)(6)(i) of this the landing (after the initial eLandings section for each groundfish delivery report is submitted, eLandings assigns from a specific vessel by 2400 hours, an ADF&G fish ticket number to the A.l.t., of the day following the delivery. landing report). (iii) Compliance. By using eLandings, (4) ADF&G statistical area of har- the User for the mothership and the vest.

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(5) If ADF&G statistical area is bi- entering printed name, signature, and sected by a line dividing two IFQ regu- date. latory areas, provide the IFQ regu- (iii) Time limits—(A) Landing hours. A latory area of harvest. landing of IFQ halibut, CDQ halibut, or (6) Except as provided in paragraph IFQ sablefish may commence only be- (e)(7)(i)(E)(7) of this section, initial ac- tween 0600 hours, A.l.t., and 1800 hours, curate scale weight(s) (to the nearest A.l.t., unless permission to land at a pound) made at the time of offloading different time is granted in advance by for IFQ halibut, IFQ sablefish, or CDQ a clearing officer. halibut sold and retained (where re- (B) Landing receipt signatures. The tained includes fish intended for per- User for the Registered Buyer and the sonal use, fish weighed and reloaded for IFQ permit holder, IFQ hired master delivery to another processor, and fish permit holder, or CDQ hired master landed but rejected at the dock by the permit holder must sign the sablefish/ Registered Buyer); species codes; deliv- ery condition code; and disposition halibut IFQ landing receipt within six code for each ADF&G statistical area hours after all IFQ halibut, CDQ hal- of harvest. ibut, and IFQ sablefish are offloaded (7) Accurate weight of IFQ sablefish from a harvesting vessel and prior to processed product obtained before the shipment or transfer of the fish from offload may be substituted for the ini- the landing site. tial accurate scale weight provided in (C) Landing completion. The User for paragraph (e)(7)(i)(E)(6) of this section, the Registered Buyer must submit an at time of offload, if the vessel oper- IFQ landing report, containing the in- ator is a Registered Buyer reporting an formation described in this paragraph IFQ sablefish landing. (e)(7), within six hours after all IFQ (8) Indicate whether initial accurate halibut, CDQ halibut, and IFQ sablefish scale weight is given with or without are offloaded from a specific vessel and ice and slime. Fish which have been prior to shipment or transfer of said washed prior to weighing or which have fish from the landing site. been offloaded from refrigerated salt (iv) IFQ manual landing report. See water are not eligible for a 2-percent paragraph (e)(1)(iii) of this section. deduction for ice and slime and must (8) Registered Crab Receiver (RCR) IFQ be reported as fish weights without ice crab landing report. (i) A person who is and slime. The 2-percent deduction is issued an RCR permit under § 680.4(i) of made by NMFS, not the submitter. this chapter and who receives IFQ crab (9) Indicate whether IFQ halibut is from a crab IFQ permit holder or crab incidental catch concurrent with legal IFQ hired master is required to use landing of salmon or concurrent with eLandings to submit a landing report legal landing of lingcod harvested to report every landing of IFQ crab and using dinglebar gear. incidental groundfish. (ii) Signatures for IFQ halibut, CDQ halibut, or IFQ sablefish deliveries. (A) (ii) An RCR using a catcher/processor The User for the Registered Buyer is required to submit a crab landing re- must print the completed groundfish port using eLandings in a format ap- landing report (ADF&G electronic proved by NMFS. NMFS will provide groundfish ticket) and the sablefish/ format specifications upon request. In- halibut IFQ landing receipt. The User terested parties may contact NMFS must review the autofilled data entry Alaska Region, Sustainable Fisheries cells to ensure that they are accurate Division, Catch Accounting/Data Qual- for the landing that is taking place. ity, P.O. Box 21668, Juneau, AK 99802– (B) The User for the Registered 1668, telephone 907–586–7228. Buyer, plus the IFQ permit holder or (iii) Information entered for each IFQ the IFQ hired master permit holder or crab delivery. The User for the RCR CDQ hired master permit holder, must must submit information described at acknowledge the accuracy of the print- paragraphs (e)(8)(iii)(A) through (D) of ed IFQ halibut, CDQ halibut, or IFQ sa- this section into eLandings or other blefish landing receipt, and if nec- NMFS-approved software for each IFQ essary, IFQ manual landing report, by crab delivery:

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(A) Permit numbers. RCR permit num- (D) Crew and observer information—(1) ber, IFQ permit number, and IPQ per- For crew size, enter the number of li- mit number, as appropriate. censed crew aboard the vessel, includ- (B) Operation type and port code—(1) If ing the operator. a shoreside processor, the port code is (2) Number of observers aboard. pre-filled automatically (see (iv) Information entered for IFQ crab § 679.5(e)(4)). custom processing landings. In addition (2) If a catcher/processor, the at-sea to the information required in para- operation type is pre-filled automati- graph (e)(8)(iii) of this section, if cus- cally. tom processing IFQ crab, the User for (3) If an SFP and crab delivery is re- the RCR must enter the ADF&G proc- ceived in port, the at-sea operation essor code of the person for which the type is pre-filled automatically (see IFQ crab was custom processed. § 679.5(e)(4)) and the User must enter (v) Signatures for IFQ crab deliveries. the port code from Table 14a to this (A) The User for the RCR must print part. the completed crab landing report (4) If an SFP and crab delivery is re- (ADF&G electronic crab ticket) and ceived at sea, the at-sea operation type the crab IFQ landing receipt. The User is pre-filled automatically (see must review the autofilled data entry § 679.5(e)(4)) and the User must enter cells to ensure that they are accurate the appropriate crab regional designa- for the landing that is taking place. tion (see § 680.40(b)(2)), shown below: (B) The User for the Registered Crab Receiver (RCR), plus the IFQ permit CR CRAB REGIONAL DESIGNATIONS holder or IFQ hired master permit N—North Landed in the Bering Sea subarea north of holder, must acknowledge the accuracy Region. 56°20′ N. lat. of the printed IFQ crab landing receipt, S—South Landed in any area in Alaska, not in the North and, if necessary, IFQ manual landing Region. Region. report, by entering printed name, sig- W—West West of 174° W. long. Only applicable for west- Region. ern Aleutian Islands golden king crab (WAG). nature, and date. (vi) Time limits. (A) Except as indi- (C) Delivery information. As reported cated in paragraph (e)(8)(vi)(B) of this by IFQ permit holder. section, the User for the RCR is re- (1) ADF&G vessel registration num- quired to submit a crab landing report ber of the delivering vessel. described at this paragraph (e)(8) to (2) Date (mm/dd/yyyy) fishing began. NMFS within six hours after all crab is (3) Date (mm/dd/yyyy) of the IFQ offloaded from the vessel. crab landing. (B) For IFQ crab harvested on a (4) ADF&G fish ticket number (auto- catcher/processor, the User for the RCR matically supplied). is required to submit an IFQ crab land- (5) ADF&G statistical area of harvest ing report to NMFS by Tuesday 1200 (All ADF&G statistical areas are trans- hours, A.l.t. after the end of each week- lated to the NMFS reporting area and ly reporting period in which IFQ crab the IPHC reporting area by was harvested. eLandings.). (C) The User for the RCR and the IFQ (6) Species code of catch from Table 2 permit holder or IFQ hired master per- to part 680. mit holder must enter printed name (7) Delivery-condition codes of catch and sign the crab IFQ landing receipt from Table 3a to this part. within six hours after all crab is (8) Number of crab retained and sold offloaded from the harvesting vessel. condition code, product type, size/ (vii) Landing document retention. The grade, and sold pounds; and optionally, User must retain each landing report price per pound. and landing receipt per paragraph (a)(5) (9) Scale weight of deadloss (to the of this section. nearest pound) and scale weight of crab (viii) IFQ manual landing report for retained for personal use (to the near- crab. See paragraph (e)(1)(iii) of this est pound). Deadloss and personal use section. crab that an IPQ holder did not pur- (9) Shoreside processor or SFP informa- chase are not debited from the IPQ tion entered for production report. The holder’s account. manager of a shoreside processor or

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SFP that is required to have an FPP report daily processor identification under § 679.4(f) must use eLandings or information, groundfish production other NMFS-approved software during data, and groundfish and prohibited the fishing year to submit a production species discard or disposition data. report to report daily processor identi- (ii) Mothership. The operator of a fication information and all groundfish mothership that is issued an FFP production data. The User must retain under § 679.4, or the operator of a CQE a copy of each production report per floating processor that receives paragraphs (a)(5) and (6) of this section. groundfish is required to use eLandings (i) Contents. eLandings autofills the or other NMFS-approved software to following fields when creating a pro- submit a production report to record duction report for a shoreside processor and report daily processor identifica- or SFP: FPP number, company name, tion information, groundfish produc- ADF&G processor code, User name, tion data, and groundfish and prohib- email address, and telephone number. ited species discard or disposition data. The User must review the autofilled (iii) Contents. eLandings autofills the cells to ensure that they are accurate following fields when creating a pro- for the current report. In addition, the duction report for a catcher/processor User for the shoreside processor or SFP or mothership: FFP or FPP number, must enter the following information company name, ADF&G processor (see paragraphs (e)(9)(i)(A) through (F) code, User name, email address, and of this section): telephone number. The User must re- (A) Date. Reporting date (mm/dd/ view the autofilled cells to ensure that yyyy). they are accurate for the current re- (B) Observers. Number of observers port. In addition, the User for the onsite. catcher/processor or mothership must (C) Area of harvest. Whether har- enter the information in paragraphs vested in GOA or BSAI. (e)(10)(iii)(A) through (N) of this sec- (D) Product description. Species code, tion. product type, and product code of prod- (A) Date. Reporting date (mm/dd/ uct. yyyy). (E) Product weight. Enter actual scale (B) Designation. From Table 14c to weight of product to the nearest pound. this part, enter whether the processor (F) No production/no deliveries (inac- is a catcher/processor = FCP or a tive). If there was no production or de- mothership = FLD. liveries for the day, mark the ‘‘No Pro- (C) Crew size. Including operator. duction’’ and/or ‘‘No Deliveries’’ boxes. (D) Management program. Enter man- (ii) Submittal time limits—(A) When ac- agement program and identifying num- tive pursuant to paragraph (c)(5)(ii) of ber, if any, in which harvest occurred this section, the User for a shoreside (see paragraph (a)(1)(iii) of this sec- processor or SFP must submit a pro- tion). duction report by 1200 hours, A.l.t., each day to record the previous day’s (E) Gear type of harvester. Enter the production information. gear type used by the harvester. (B) If a shoreside processor or SFP (F) Federal Reporting Area of harvest. using eLandings is not taking deliv- Enter the Federal Reporting Area eries over a weekend, the User or man- where harvest was made. ager may submit the eLandings pro- (G) COBLZ or RKCSA. Indicate duction report from Saturday and Sun- whether fishing occurred in COBLZ or day to NMFS by 1200 hours, A.l.t., on RKCSA (if applicable). the following Monday. (H) Product description. Species code, (10) Catcher/processor or mothership in- product type, and product code of prod- formation entered for production report— uct. (i) Catcher/processor. The operator of a (I) Product weight. Enter product catcher/processor that is issued an FFP weight in metric tons to the nearest under § 679.4 and that harvests ground- 0.001 mt. fish is required to use eLandings or (J) No production (inactive). If there other NMFS-approved software to sub- was no production for the day, mark mit a production report to record and the ‘‘No Production’’ box.

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(K) Discard description. The operator (C) If IFQ crab, each crab IFQ landing must record the discard or disposition receipt. that occurred prior to, during, and (D) Each production report. after production of groundfish by spe- (ii) In addition to paragraph (e)(11)(i) cies code and disposition code of dis- of this section, the mothership oper- cards and disposition. ator or User must print an additional (L) Discard weight. Daily weight of copy of each landing report and provide groundfish and the daily weight of her- it to the operator of the catcher vessel ring PSC to the nearest 0.001 mt. delivering groundfish to the (M) PSC numbers—(1) Non-AFA catch- mothership by 1200 hours, A.l.t., on er/processors and all motherships. Daily Tuesday following the end of applicable number of PSC animals (Pacific salm- weekly reporting period. on, steelhead trout, Pacific halibut, (12) Retention and inspection of landing king crabs, and Tanner crabs) by spe- reports, landing receipts, and production cies codes and discard and disposition reports—(i) The User daily must retain codes. a printed paper copy onsite or onboard (2) AFA and CDQ catcher/processors. of: The operator of an AFA catcher/proc- (A) Each landing report. essor or any catcher/processor har- (B) If IFQ halibut, IFQ sablefish, or vesting pollock CDQ must enter daily CDQ halibut, each sablefish/halibut the number of non-salmon PSC animals IFQ landing receipt. (Pacific halibut, king crabs, and Tan- (C) If IFQ crab, each crab IFQ landing ner crabs) by species codes and discard receipt. and disposition codes. Salmon PSC ani- (D) Each production report. mals are entered into the electronic (ii) The User must make available logbook as described in paragraphs the printed copies upon request of (f)(1)(iv) and (v) of this section. NMFS observers and authorized offi- (N) ADF&G statistical area. Must be cers as indicated at paragraph (a)(5) of reported beginning January 1, 2009. this section. (iv) Submittal time limits—(A) Except (13) Catcher/processor landing report. as described in paragraph (e)(10)(iv)(B) (i) The operator of a catcher/processor of this section, when a mothership is placed in the partial observer coverage active pursuant to paragraph (c)(6)(iv) category under § 679.51(a)(3) must use of this section, a catcher/processor eLandings or other NMFS-approved longline or pot gear is active pursuant software to submit a catcher/processor to paragraph (c)(3)(iv)(B) of this sec- landing report to NMFS for each fish- tion, or a catcher/processor trawl gear ing trip conducted while that catcher/ is active pursuant to paragraph processor is in the partial observer cov- (c)(4)(iv)(B) of this section, the User for erage category. a mothership or catcher/processor must (ii) The vessel operator must log into submit a production report by 2400 eLandings or other NMFS-approved hours, A.l.t., each day to record the software and provide the information previous day’s production information. required on the computer screen. Addi- (B) If a vessel is in the groundfish tional instructions for submitting a and halibut fishery full observer cov- catcher/processor landing report is on erage category described at the Alaska Region Web site at http:// § 679.51(a)(2), the User may submit a alaskafisheries.noaa.gov. production report for Friday, Satur- (iii) For purposes of this landing re- day, and Sunday no later than 2400 port requirement, the end of a fishing hours, A.l.t., on the following Monday. trip is defined in § 679.2, paragraph (11) Printing of landing reports, landing (3)(iii) of the definition of a fishing receipts, and production reports—(i) The trip. User daily must print a paper copy on- (iv) The vessel operator must submit site or onboard of: the catcher/processor landing report to (A) Each landing report. NMFS by 2400 hours, A.l.t., on the day (B) If IFQ halibut, IFQ sablefish, or after the end of the fishing trip. CDQ halibut, each sablefish/halibut (14) Tender vessel landing report IFQ landing receipt. (‘‘tLandings’’). (i) tLandings. tLandings

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is an applications software for pre- (1) Responsibility. The operator of a paring electronic landing reports for vessel voluntarily using an ELB must commercial fishery landings to tender notify the Regional Administrator by vessels. fax at 907–586–7465 to notify NMFS that (ii) Tender vessel operator responsi- the operator is using a NMFS-approved bility. The operator of a tender vessel ELB instead of a DFL or DCPL, prior taking delivery of groundfish that is to participating in any Federal fishery. required to be reported to NMFS on a (i) Catcher vessel longline and pot gear landing report under paragraph (e)(5) of ELB. The operator of a catcher vessel this section must use tLandings to using longline and pot gear may use a enter information about each landing NMFS-approved catcher vessel longline of groundfish and must provide that in- or pot gear ELB in lieu of using the formation to the User defined under NMFS-prescribed catcher vessel § 679.2. longline or pot gear DFL required at (iii) User responsibility. The User must paragraph (c)(3) of this section. configure and provide the tender vessel (ii) Catcher/processor longline and pot operator with the most recent version gear ELB. Except for catcher/processors of the tLandings tender workstation subject to § 679.100(b), the operator of a application prior to the tender vessel catcher/processor using longline or pot taking delivery of groundfish. gear may use a combination of a (iv) Information entered for each NMFS-approved catcher/processor groundfish delivery. The tender vessel longline and pot gear ELB and operator must log into the configured eLandings to record and report ground- tLandings tender workstation applica- fish information. The operator may use tion and provide the information re- a NMFS-approved catcher/processor quired on the computer screen. Addi- longline and pot gear ELB to record tional instructions for tLandings is on daily processor identification informa- the Alaska Region Web site at http:// tion and catch-by-set information. In alaskafisheries.noaa.gov. eLandings, the operator must record (v) Submittal time limit. (A) The tender daily processor identification, ground- vessel operator must provide the land- fish production data, and groundfish ing information in tLandings to the and prohibited species discard or dis- User at the commencement of the position data. transfer or offload of groundfish from (iii) Catcher vessel trawl gear ELB. The the tender vessel to the processor. operator of a catcher vessel using trawl (B) The User must upload the data gear may use a NMFS-approved catch- recorded in tLandings by the tender er vessel trawl gear ELB in lieu of vessel to prepare the initial landing re- using the NMFS-prescribed catcher port for a catcher vessel delivering to a vessel trawl gear DFL required at para- tender vessel that is required under graph (c)(4) of this section. paragraph (e)(5) of this section within (iv) Catcher/processor trawl gear ELB. the submittal time limit specified Except as described in paragraph under paragraph (e)(5). (f)(1)(vii) of this section, the operator (vi) Compliance. By using tLandings, of a catcher/processor using trawl gear the User and the tender vessel operator may use a combination of a NMFS-ap- providing information to the User ac- proved catcher/processor trawl gear cept the responsibility of and acknowl- ELB and eLandings to record and re- edge compliance with § 679.7(a)(10). port groundfish information. In the (f) Electronic logbooks (ELBs). The op- ELB, the operator may enter processor erator may use a combination of a identification information and catch- NMFS-approved ELB (instead of a DFL by-haul information. In eLandings, the or DCPL) and eLandings to record and operator must enter processor identi- report groundfish information. To sat- fication, groundfish production data, isfy ELB use requirements, the oper- and groundfish and prohibited species ator after data entry must routinely discard or disposition data. create the following three products: an (v) Mothership ELB. The operator of a ELB logsheet, an ELB discard report, mothership may use a combination of a and an ELB data export. NMFS-approved mothership ELB and

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eLandings to record and report ground- ported within 24 hours of the testing fish information. The operator may use using the ELB: a NMFS-approved mothership ELB to (A) The weight of test material from record daily processor identification the observer platform scale; information and catcher vessel and (B) The total weight of the test mate- tender vessel groundfish delivery infor- rial as recorded by the scale being test- mation. In eLandings, the operator ed; must record daily processor identifica- (C) Percent error as determined by tion, groundfish production data, and subtracting the known weight of the groundfish and prohibited species dis- test material from the weight recorded card or disposition data. on the scale being tested, dividing that (vi) If using a NMFS-approved ELB, amount by the known weight of the the operator is not required to quar- test material, and multiplying by 100; terly submit logsheets to OLE. and (vii) AFA and CDQ trawl catcher/proc- (D) The time, to the nearest minute essors. The operator of an AFA catcher/ A.l.t. when testing began. processor or any catcher/processor har- (2) Requirements for using an ELB—(i) vesting pollock CDQ must use a com- Use a NMFS-approved ELB. The oper- bination of NMFS-approved catcher/ ator must use only a NMFS-approved processor trawl gear ELB and ELB. The Regional Administrator eLandings to record and report ground- maintains a list of approved ELBs on fish and PSC information. In the ELB, the Alaska Region NMFS website at the operator must enter processor iden- http://alaskafisheries.noaa.gov (see also tification information; catch-by-haul § 679.28(h) for approval of vendor soft- information; prohibited species discard ware). or disposition data for all salmon spe- cies in each haul; and indicate whether, (ii) Reporting groundfish by ELB. If prior to the haul, the operator moved the User is unable to submit commer- fishing location primarily to avoid Chi- cial fishery information due to hard- nook salmon bycatch. In eLandings, ware, software, or Internet failure for a the operator must enter processor iden- period longer than the required report- tification, groundfish production data, ing time, contact NMFS Inseason Man- and groundfish and prohibited species agement at (907) 586–7228 for instruc- discard or disposition data for all pro- tions. When the hardware, software, or hibited species except salmon. Internet is restored, the User must enter this same information into the (viii) Longline catcher/processor sub- electronic logbook (ELB) or other sector. The operator of a catcher/proc- essor subject to § 679.100(b) must use a NMFS-approved software. NMFS-approved catcher/processor (iii) Enter all required information into longline and pot gear ELB to record the ELB—(A) Inactive. The operator processor identification information, must enter all required information, if catch-by-set information, and, if re- inactive (see paragraph (c)(2) of this quired to weigh Pacific cod on a NMFS- section). approved scale, the total Pacific cod (B) Active. The operator must enter weight from the scale for each set. This all required information, if active (see requirement applies for the entire year paragraph (c)(3), (c)(4), or (c)(6) of this that the vessel is subject to § 679.100(b) section, as appropriate). and operating as a catcher/processor (1) Recording time limits. The time lim- using either longline or pot gear. its for recording applicable informa- (ix) Catcher/processors and motherships tion in the ELBs are the same as the required to weigh catch on NMFS-ap- recording time limits for DFLs and proved scales. Catcher/processors and DCPLs in paragraphs (c)(3), (c)(4), and motherships required to weigh catch on (c)(6) of this section. a NMFS-approved scale must use a (2) Daily complete ELB data entry NMFS-approved ELB. The vessel oper- and printing of copies as indicated in ator must ensure that each scale is paragraph (f)(3)(i) of this section. tested as specified in § 679.28(b)(3) and (iv) Regularly backup ELB data. The that the following information from all operator must regularly backup ELB scale tests, including failed tests, is re- data to ensure that data are not lost in

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the event of hardware or software prob- (ii) The operator or manager of a lems. buying station or tender vessel that re- (v) Correct errors in ELB data. If after ceives groundfish catch from a catcher an ELB discard report and ELB vessel using an ELB must upon deliv- logsheet are printed, an error is found ery of catch submit the ELB discard re- in the data, the operator must make port to the mothership, shoreside proc- any necessary changes to the data, essor, or SFP, and submit the ELB print a new copy of the ELB discard re- data export directly to the Regional port and ELB logsheet, and export the Administrator or through the revised file to NMFS. The operator mothership, shoreside processor, or must retain both the original and re- SFP. vised ELB reports. (6) Retention. The operator must keep (3) Printed copies. Upon completion of a signed copy of each ELB logsheet and ELB data entry each day, the operator each ELB discard report, filed in se- must print the following information quence for immediate access by au- (see paragraphs (f)(3)(i) and (ii) of this thorized personnel as described at para- section) in the NMFS-specified format: graph (a)(5) of this section. (i) ELB logsheet. (A) Print a copy of (7) ELB data submission—(i) Catcher/ an ELB logsheet when a vessel is ac- processors. The operator of a catcher/ tive, by 2400 hours, A.l.t. each day to processor must transmit ELB data di- record the previous day’s ELB informa- rectly to NMFS online through tion. eLandings or other NMFS-approved (B) Print one ELB logsheet to de- data transmission mechanism, by 2400 scribe a continuous period of inac- hours, A.l.t., each day to record the tivity, when a vessel is inactive. previous day’s hauls. (C) Print a copy of the ELB logsheet (ii) Catcher vessels. The operator of a for the observer’s use, if an observer is catcher vessel must transmit ELB data onboard the vessel, by 2400 hours, directly to NMFS as an email attach- A.l.t., each day to record the previous ment or to NMFS through a shoreside day’s ELB information. processor, SFP, or mothership who re- (ii) ELB discard report. (A) Print a ceived his/her groundfish catch. copy of an ELB discard report upon Through a prior agreement with the completion of each fishing trip or each catcher vessel, the operator of a offload of fish. mothership or the manager of a shore- (B) If an observer is present, print a side processor or SFP will forward the copy of the ELB discard report for the ELB data transfer to NMFS as an observer’s use upon completion of each email attachment within 24 hours of fishing trip or each offload of fish. completing receipt of the catcher ves- (4) Signatures—(i) ELB logsheet. The sel’s catch. operator daily must sign and date each (8) Return receipt. (i) Upon receiving printed ELB logsheet by 2400 hours, an ELB data export, NMFS will gen- A.l.t. each day to record the previous erate a dated return-receipt to confirm day’s ELB information. The signature receipt of the ELB data. If errors exist of the operator is verification of ac- in the data transmitted to NMFS, the ceptance of the responsibility required receipt will identify the errors. If er- in paragraph (a)(2) of this section. rors are identified, the operator must (ii) ELB discard report. The operator correct the errors and send a revised daily must sign and date each printed transmission to NMFS which will then ELB discard report upon completion of confirm acceptance of the ELB data. each fishing trip or each offload of fish. (ii) The operator must retain the The signature of the operator is NMFS return receipt as described in verification of acceptance of the re- paragraph (a)(5) of this section. sponsibility required in paragraph (iii) If a return receipt from NMFS is (a)(2) of this section. not received within 24 hours, the oper- (5) Submittal time limits. (i) The oper- ator of the catcher vessel, the operator ator of a catcher vessel using an ELB of a catcher/processor, the operator of must upon delivery of catch submit the the mothership, or the manager of the ELB discard report to the mothership, shoreside processor or SFP forwarding shoreside processor, or SFP. the ELB data export for the operator of

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the catcher vessel, must contact NMFS (B) CR crab. During one calendar day, by telephone at 907–586–7228 or fax at the RCR may aggregate and record on 907–586–7131 for instructions. one PTR the amount of transferred re- (g) Product transfer report (PTR)—(1) tail product of CR crab if each sale General requirements. Except as pro- weighs less than 100 lb or 45 kg. vided in paragraphs (g)(2)(i) through (v) (iii) Wholesale sales (non-IFQ ground- of this section, the operator or man- fish only). The operator or manager ager must record on a PTR those spe- may aggregate and record on one PTR, cies that are listed in Tables 2a and 2c wholesale sales of non-IFQ groundfish to this part when those species are by species when recording the amount transferred out of the facility or off the of such wholesale species leaving a ves- vessel and may also record species list- sel or facility in one calendar day, if ed in Table 2d to this part. For a com- invoices detailing destinations for all parison of forms used for shipping, of the product are available for inspec- transporting, or transferring fish or tion by an authorized officer. fish product, see Table 13 to this part. (iv) Dockside sales. (i) Groundfish and donated prohibited (A) A person holding a valid IFQ per- species. The operator of a mothership or mit, or IFQ hired master permit, and a catcher/processor or the manager of a Registered Buyer permit may conduct shoreside processor or SFP must com- a dockside sale of IFQ halibut or IFQ plete and submit a separate PTR for sablefish with a person who has not each shipment of groundfish and do- been issued a Registered Buyer permit nated prohibited species caught in after all IFQ halibut and IFQ sablefish groundfish fisheries. A PTR is not re- have been landed and reported in ac- quired to accompany a shipment. cordance with paragraph (l) of this sec- (ii) IFQ halibut, IFQ sablefish, and tion. CDQ halibut. A Registered Buyer must (B) A person holding a valid halibut submit a separate PTR for each ship- CDQ hired master permit and Reg- ment of halibut or sablefish for which istered Buyer permit may conduct a the Registered Buyer submitted an IFQ dockside sale of CDQ halibut with a landing report or was required to sub- person who has not been issued a Reg- mit an IFQ landing report. A PTR is istered Buyer permit after all CDQ hal- not required to accompany a shipment. ibut have been landed and reported in (iii) CR crab. A Registered Crab Re- accordance with paragraph (l) of this ceiver (RCR) must submit a separate section. PTR for each shipment of crab for which the RCR submitted a CR crab (C) A Registered Buyer conducting landing report or was required to sub- dockside sales must issue a receipt to mit a CR crab landing report. A PTR is each individual receiving IFQ halibut, not required to accompany a shipment. CDQ halibut, or IFQ sablefish in lieu of a PTR. This receipt must include: (2) Exceptions—(i) Bait sales (non-IFQ groundfish only). During one calendar (1) Date of sale; day, the operator or manager may ag- (2) Registered Buyer permit number; gregate and record on one PTR the in- (3) Weight by product of the IFQ hal- dividual sales or shipments of non-IFQ ibut, CDQ halibut or IFQ sablefish groundfish to vessels for bait purposes transferred. during the day recording the amount of (D) A Registered Buyer must main- such bait product shipped from a vessel tain a copy of each dockside sales re- or facility that day. ceipt as described in paragraph (l) of (ii) Retail sales—(A) IFQ halibut, IFQ this section. sablefish, CDQ halibut, and non-IFQ (v) Transfer directly from the landing groundfish. During one calendar day, site to a processing facility (CDQ halibut, the operator, manager, or Registered IFQ halibut, IFQ sablefish, or CR crab Buyer may aggregate and record on only). A PTR is not required for trans- one PTR the amount of transferred re- portation of unprocessed IFQ halibut, tail product of IFQ halibut, IFQ sable- IFQ sablefish, CDQ halibut, or CR crab fish, CDQ halibut, and non-IFQ ground- directly from the landing site to a fa- fish if each sale weighs less than 10 lb cility for processing, provided the fol- or 4.5 kg. lowing conditions are met:

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(A) A copy of the IFQ landing report (ii) Submit a PTR by facsimile or receipt (Internet receipt) documenting electronic file to OLE, Juneau, AK the IFQ landing accompanies the (907–586–7313), by 1200 hours, A.l.t., on offloaded IFQ halibut, IFQ sablefish, or the Tuesday following the end of the CDQ halibut while in transit. applicable weekly reporting period in (B) A copy of the CR crab landing re- which the shipment occurred. port receipt (Internet receipt) docu- (iii) If any information on the origi- menting the IFQ landing accompanies nal PTR changes prior to the first des- the offloaded CR crab while in transit. tination of the shipment, submit a re- (C) A copy of the IFQ landing report vised PTR by facsimile or electronic file to OLE, Juneau, AK (907–586–7313), or CR crab landing report receipt is by 1200 hours, A.l.t., on the Tuesday available for inspection by an author- following the end of the applicable ized officer. weekly reporting period in which the (D) The Registered Buyer submitting change occurred. the IFQ landing report or RCR submit- (4) Required information. The operator ting the CR crab landing report com- of a mothership or catcher/processor, pletes a PTR for each shipment from the manager of a shoreside processor or the processing facility pursuant to SFP, the Registered Buyer, or RCR paragraph (g)(1) of this section. must include the following information (3) Time limits and submittal. The oper- on a PTR: ator of a mothership or catcher/proc- (i) Original or revised PTR. Whether a essor, the manager of a shoreside proc- submittal is an original or revised essor or SFP, the Registered Buyer, or PTR. RCR must: (ii) Shipper information. Name, tele- (i) Record all product transfer infor- phone number, and facsimile number of mation on a PTR within 2 hours of the the representative. According to the completion of the shipment. following table:

If you are shipping . . . Enter under ‘‘Shipper’’ . . .

(A) Non-IFQ groundfish ...... Your processor’s name, Federal fisheries or Federal processor permit number. (B) IFQ halibut, CDQ halibut or IFQ sablefish ...... Your Registered Buyer name and permit number. (C) CR crab ...... Your RCR name and permit number. (D) Non-IFQ groundfish, IFQ halibut, CDQ halibut or IFQ sa- (1) Your processor’s name and Federal fisheries permit num- blefish, and CR crab on the same PTR. ber or Federal processor permit number, (2) Your Registered Buyer’s name and permit number, and (3) Your RCR name and permit number.

(iii) Transfer information. Using descriptions from the following table, enter re- ceiver information, date and time of product transfer, location of product trans- fer (e.g., port, position coordinates, or city), mode of transportation, and intended route:

Then enter . . . If you are the shipper and . . . Date & time of product Location of product Mode of transportation Receiver transfer transfer and intended route

(A) Receiver is on land Receiver name and Date and time when Port or city of product Name of the shipping and transfer involves Federal fisheries, shipment leaves the transfer. company; destination one van, truck, or - Federal processor, or plant. city and state or for- hicle. Federal crab vessel eign country. permit number (if any). (B) Receiver is on land Receiver name and Date and time when Port or city of product Name of the shipping and transfer involves Federal fisheries, loading of vans or transfer. company; destination multiple vans, trucks Federal processor, or trucks, is completed city and state or for- or vehicles. Federal crab vessel each day. eign country. permit number (if any).

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Then enter . . . If you are the shipper and . . . Date & time of product Location of product Mode of transportation Receiver transfer transfer and intended route

(C) Receiver is on land Receiver name and Date and time when Port or city of product Name of the airline and transfer involves Federal fisheries, shipment leaves the transfer. company; destination one airline flight. Federal processor, or plant. airport city and state. Federal crab vessel permit number (if any). (D) Receiver is on land Receiver name and Date and time of ship- Port or city of product Name of the airline and transfer involves Federal fisheries, ment when the last transfer. company(s); destina- multiple airline flights. Federal processor, or airline flight of the tion airport(s) city Federal crab vessel day leaves. and state. permit number (if any). (E) Receiver is a vessel Vessel name and call Start and finish dates Transfer position co- The first destination of and transfer occurs at sign. and times of transfer. ordinates in latitude the vessel. sea. and longitude, in de- grees and minutes. (F) Receiver is a vessel Vessel name and call Start and finish dates Port or position of prod- The first destination of and transfer takes sign. and times of transfer. uct transfer. the vessel. place in port. (G) Receiver is an Agent name and loca- Transfer start and finish Port, city, or position of Name (if available) of agent (buyer, dis- tion (city, state). dates and times. product transfer. the vessel trans- tributor, shipping porting the van; des- agent) and transfer is tination port. in a containerized van(s). (H) You are aggregating ‘‘RETAIL SALES’’ ...... Date of transfer...... Port or city of product N/A. individual retail sales transfer. for human consump- tion. (see paragraph (g)(2) of this section). (I) You are aggregating ‘‘BAIT SALES’’ ...... Date of transfer...... Port or city of product N/A. individual bait sales transfer. during a day onto one PTR (non-IFQ groundfish only). (J) Non-IFQ Groundfish ‘‘WHOLESALE SALES’’ Time of the first sale of Port or city of product N/A. only. You are aggre- the day; time of the transfer. gating wholesale non- last sale of the day. IFQ groundfish prod- uct sales by species during a single day onto one PTR and maintaining invoices detailing destinations for all of the product for inspection by an authorized officer.

(iv) Products shipped. The operator, scale weight of each product of each manager, Registered Buyer, or RCR species to the nearest kilogram or must record the following information pound (indicate which). If not applica- for each product shipped: ble, enter ‘‘n/a’’ in the species weight (A) Species code and product code. (1) column. If using more than one line to For non-IFQ groundfish, IFQ halibut, record species in one carton, use a IFQ sablefish, and CDQ halibut, the brace ‘‘}’’ to tie the carton information species code and product code (Tables 1 together. and 2 to this part). (C) Number of units. Total number of (2) For CR crab, the species code and production units (blocks, trays, pans, product code (Tables 1 and 2 to 50 CFR individual fish, boxes, or cartons; if part 680). iced, enter number of totes or con- (B) Species weight. Use only if record- tainers). ing 2 or more species with 2 or more product types contained within the same production unit. Enter the actual

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(D) Unit weight. Unit weight (average (ii) Two adjacent reporting areas. If on weight of single production unit as list- the same day a catcher/processor in- ed in ‘‘No. of Units’’ less packing mate- tends to fish in two adjacent reporting rials) for each species and product code areas (an action which would require in kilograms or pounds (indicate submittal of check-out reports and which). check-in reports multiple times a day (E) Total weight. Total weight for when crossing back and forth across a each species and product code of ship- reporting area boundary), and the two ment less packing materials in kilo- reporting areas have on that day and grams or pounds (indicate which). time an identical fishing status for (F) Total or partial offload. (1) If a every species, the operator must: mothership or catcher/processor, the (A) Submit to NMFS a check-in re- operator must indicate whether fish or port to the first area prior to entering fish products are left onboard the ves- the first reporting area, and sel (partial offload) after the shipment (B) Submit to NMFS a check-in re- is complete. port to the second area prior to enter- (2) If a partial offload, for the prod- ing the second reporting area. ucts remaining on board after the (C) Remain within 10 nautical miles transfer, the operator must enter: Spe- (18.5 km) of the boundary described in cies code, product code, and total prod- paragraph (h)(2)(ii) of this section. uct weight to the nearest kilogram or pound (indicate which) for each prod- (D) If the catcher/processor proceeds uct. in the second reporting area beyond 10 (h) Check-in/Check-out report—(1) Re- nautical miles (18.5 km) of the bound- quirement. Except as described in para- ary between the two areas, the oper- graph (h)(2) of this section, the oper- ator must submit a check-out report ator of a catcher/processor or from the first reporting area. The oper- mothership and manager of a shoreside ator must submit a check-out report processor or SFP must submit to from the second area upon exiting that NMFS a check-in report (BEGIN mes- reporting area. sage) prior to becoming active and a (3) Transit through reporting areas. check-out report (CEASE message) for The operator of a catcher/processor or every check-in report submitted. The mothership is not required to submit a check-in report and check-out report check-in or check-out report if the ves- must be submitted by fax to 907–586– sel is transiting through a reporting 7131. area and is not fishing or receiving (2) Exceptions—(i) VMS onboard. The fish. operator of a catcher/processor or (4) Time limits and submittal. Except as mothership is not required to submit indicated in paragraph (h)(2) of this to NMFS a check-in report or check- section, the operator or manager must out report if the vessel is carrying on- submit a check-in report and a check- board a transmitting VMS that meets out report according to the following the requirements of § 679.28(f). table:

For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(i) Each reporting area, ex- (A) C/P using trawl gear Before gear deployment. Within 24 hours after depart- cept area 300, 400, 550, ing a reporting area but prior or 690 to checking in to another re- porting area.

(B) C/P using longline or pot Before gear deployment. May Upon completion of gear re- gear be checked in to more than trieval and within 24 hours one area simultaneously. after departing each reporting area.

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For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(C) MS Before receiving groundfish, Within 24 hours after receipt must check-in to reporting of fish is complete from that area(s) where groundfish were reporting area. harvested. If receipt of groundfish from a May be checked in to more reporting area is expected to than one area simultaneously. stop for at least one month during the fishing year and then start up again, may sub- mit check-out report for that reporting area.

(ii) COBLZ or RKCSA (A) C/P using trawl gear Prior to fishing. Submit one Upon completion of gear re- check-in for the COBLZ or trieval for groundfish, submit a RKCSA and another check-in separate check-out for the for the area outside the COBLZ or RKCSA and an- COBLZ or RKCSA. other check-out for the area outside the COBLZ or RKCSA.

(B) MS Before receiving groundfish Upon completion of groundfish harvested with trawl gear that receipt, submit a separate were harvested in the COBLZ check-out for the COBLZ or or RKCSA, submit one check- RKCSA and another check- in for the COBLZ or RKCSA out for the area outside the and another check-in for the COBLZ or RKCSA. area outside the COBLZ or RKCSA.

(iii) Gear Type (A) C/P If in the same reporting area Upon completion of gear re- but using more than one gear trieval for groundfish, submit a type, prior to fishing submit a separate check-out for each separate check-in for each gear type for which a check-in gear type. was submitted.

(B) MS If harvested in the same re- Upon completion of receipt of porting area but using more groundfish, submit a separate than one gear type, prior to check-out for each gear type receiving groundfish submit a for which a check-in was sub- separate check-in for each mitted. gear type.

(iv) CDQ (A) MS Prior to receiving groundfish Within 24 hours after receipt CDQ, if receiving groundfish of groundfish CDQ has under more than one CDQ ceased for each CDQ num- number, use a separate ber. check-in for each CDQ num- ber.

(B) C/P Prior to fishing, submit a sep- Within 24 hours after ground- arate check-in for each CDQ fish CDQ fishing for each number. CDQ number has ceased.

(v) Exempted or Research (A) C/P Prior to fishing, submit a sep- Upon completion of receipt of Fishery arate check-in for each type. groundfish submit a separate check-out for each type for which a check-in was sub- mitted.

(B) MS Prior to receiving groundfish, Upon completion of receipt of submit a separate check-in for groundfish submit a separate each type. check-out for each type for which a check-in was sub- mitted.

(vi) Aleutian Islands Pollock (A) C/P Prior to AIP fishing. Within 24 hours after comple- (AIP) tion of gear retrieval for AIP.

(B) MS Before receiving AIP. Within 24 hours after receipt of AIP has ceased.

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For ... If you are a ... Submit a BEGIN message Submit a CEASE message

(vii) Processor Type C/P, MS If a catcher/processor and Upon completion of simulta- functioning simultaneously as neous activity as both catcher/ a mothership in the same re- processor and mothership, a porting area, before func- separate check-out, one for tioning as either processor catcher/processor and one for type. mothership.

(viii) Change of fishing year (A) C/P, MS If continually active through If a check-out report was not the end of one fishing year previously submitted during a and at the beginning of a sec- fishing year for a reporting ond fishing year, submit a area, submit a check-out re- check-in for each reporting port for each reporting area area to start the year on Janu- on December 31. ary 1.

(B) SS, SFP If continually active through If a check-out report was not the end of one fishing year previously submitted during a and at the beginning of a sec- fishing year, submit a check- ond fishing year, submit a out report on December 31. check-in to start the year on January 1.

(ix) Interruption of produc- SS, SFP, MS n/a If receipt of groundfish is ex- tion pected to stop for at least one month during the fishing year and then start up again, the manager or operator may choose to submit a check-out report.

(x) Change of location AFA SFP Before receiving groundfish. Upon completion of receipt of groundfish from a position and before movement from that position.

(5) Required information. The operator tion in the following table on a check- of a catcher/processor or mothership in report and a check-out report, as ap- and the manager of a shoreside proc- propriate. essor or SFP must record the informa-

Check-in Report Check-out Report Required information MS C/P SS, SFP MS C/P SS, SFP

(i) Whether an original or revised report X X X X X X

(ii) Vessel name, ADF&G processor code, FFP X X X X number

(iii) Processor name, ADF&G processor code, FPP X X number

(iv) Representative name, business telephone X X X X X X number, business fax number

(v) COMSAT number (if applicable) X X X X

(vi) Management program name (see paragraph X X X X (a)(1)(iii) of this section) and identifying number (if any). If harvest is not under one of these management programs, leave blank.

(vii) Processor type, gear type X X X X

(viii) Date (mm/dd/yyyy) and time (A.l.t., military format)

(A) When receipt of groundfish will begin X X

(B) When gear deployment will begin X

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Check-in Report Check-out Report Required information MS C/P SS, SFP MS C/P SS, SFP

(C) When the last receipt or processing of ground- X X fish was completed

(D) When the vessel departed the reporting area X

(ix) Position coordinates

(A) Where groundfish receipt begins X

(B) Where receiving groundfish (if SFP): X

(C) Where gear is deployed X

(D) Where the last receipt of groundfish was com- X pleted

(E) Where the vessel departed the reporting area X

(x) Reporting area code

(A) Where gear deployment begins X

(B) Where groundfish harvest occurred X

(C) Where the last receipt of groundfish was com- X pleted

(D) Where the vessel departed the reporting area X

(xi) Primary and secondary target species (A change in intended target species within the same reporting area does not re- quire a new BEGIN message.)

(A) Expected to be received the following week X

(B) Expected to be harvested the following week X

(xii) Indicate (YES or NO) whether this is a check- X in report

(xiii) If YES, indicate

(A) If checking-in for the first time this fishing year X

(B) If checking-in to restart receipt and processing X of groundfish after filing a check-out report

(xiv) Indicate (YES or NO) whether this is a check- X out report

(xv) If YES, enter date facility ceased to receive or X process groundfish. (xvi) Indicate product weight of all fish or fish prod- X X ucts (including non groundfish) remaining at the facility (other than public cold storage) by spe- cies code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt.

(i) Weekly production report (WPR). (j) [Reserved] The WPR is removed from use. Instead (k) U.S. Vessel Activity Report (VAR). of a WPR, the operator of a mothership For a comparison of forms used for or catcher/processor and the manager shipping, transporting, or transferring of a shoreside processor or SFP must fish or fish product, see Table 13 to this submit all landings information, pro- part. duction information, and discard and (1) Fish or fish product onboard. Ex- disposition information using cept as noted in paragraph (k)(4) of this eLandings or other NMFS-approved section, the operator of a catcher ves- software (see paragraph (e) of this sec- sel greater than 60 ft (18.3 m) LOA, a tion).

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catcher/processor, or a mothership re- (C) The estimated position coordi- quired to hold a Federal fisheries per- nates in latitude and longitude where mit issued under this part and carrying the vessel will cross. fish or fish product onboard must com- (vi) Depart report. ‘‘Depart’’ means plete and submit a VAR by facsimile or leaving Alaska. If the vessel is crossing electronic file to OLE, Juneau, AK the seaward boundary of the EEZ off (907–586–7313) before the vessel crosses Alaska and moving out of the EEZ or the seaward boundary of the EEZ off crossing the U.S.-Canadian inter- Alaska or crosses the U.S.-Canadian national boundary between Alaska and international boundary between Alas- British Columbia and moving into Ca- ka and British Columbia. nadian waters, indicate a ‘‘depart’’ re- (2) Combination of non-IFQ groundfish port and enter: with IFQ halibut, CDQ halibut, IFQ sa- (A) The intended U.S. port of landing blefish or CR crab. If a vessel is carrying or country other than the United non-IFQ groundfish and IFQ halibut, States (see Table 14b to this part); CDQ halibut, IFQ sablefish or CR crab, (B) Estimated date and time (hour the operator must submit a VAR in ad- and minute, Greenwich mean time) the dition to an IFQ Departure Report re- vessel will cross the boundary; and quired by paragraph (l)(4) of this sec- (C) The estimated position coordi- tion. nates in latitude and longitude where (3) Revised VAR. If fish or fish prod- the vessel will cross. ucts are landed at a port other than the (vii) The Russian Zone. Indicate one specified on the VAR, the operator whether the vessel is returning from must submit a revised VAR showing fishing in the Russian Zone or is de- the actual port of landing before any parting to fish in the Russian Zone. fish are offloaded. (viii) Fish or fish products. For all fish (4) Exemption: IFQ Departure Report. A or fish products (including non-ground- VAR is not required if a vessel is car- fish) on board the vessel, enter: rying only IFQ halibut, CDQ halibut, IFQ sablefish, or CR crab onboard and (A) Harvest zone code; the operator has submitted an IFQ De- (B) Species codes; parture Report required by paragraph (C) Product codes; and (l)(4) of this section. (D) Total fish product weight in lbs (5) Information required. (i) Whether or to the nearest 0.001 mt (2.20 lb). original or revised VAR. (l) IFQ halibut, CDQ halibut, IFQ sa- (ii) Name and Federal fisheries per- blefish, or CR crab R&R. In addition to mit number of vessel or RCR permit the R&R requirements in this section, number. in 50 CFR part 680 with respect to CR (iii) Type of vessel (whether catcher crab, and as prescribed in the annual vessel, catcher/processor, or management measures published in the mothership). FEDERAL REGISTER pursuant to § 300.62 (iv) Name, daytime telephone num- of this title, the following reports and ber (including area code), and facsimile authorizations are required, when ap- number and COMSAT number (if avail- plicable: IFQ Prior Notice of Landing, able) of representative. Product Transfer Report (see § 679.5(g)), (v) Return report. ‘‘Return,’’ for pur- IFQ landing report, IFQ Transshipment poses of this paragraph, means return- Authorization, and IFQ Departure Re- ing to Alaska. If the vessel is crossing port. the seaward boundary of the EEZ off (1) IFQ Prior Notice of Landing Alaska or crossing the U.S.-Canadian (PNOL)—(i) Time limits and submittal. international boundary between Alas- (A) Except as provided in paragraph ka and British Columbia into U.S. wa- (l)(1)(iv) of this section, the operator of ters, indicate a ‘‘return’’ report and any vessel making an IFQ landing enter: must notify OLE, Juneau, AK, no fewer (A) Intended Alaska port of landing than 3 hours before landing IFQ hal- (see Table 14a to this part); ibut, CDQ halibut, or IFQ sablefish, un- (B) Estimated date and time (hour less permission to commence an IFQ and minute, Greenwich mean time) the landing within 3 hours of notification vessel will cross the boundary; and is granted by a clearing officer.

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(B) A PNOL must be made to the the IFQ permit holder, the IFQ hired toll-free telephone number 800–304–4846 master permit holder, or the CDQ hired or to 907–586–7163 between the hours of master permit holder, and the har- 0600 hours, A.l.t., and 2400 hours, A.l.t. vesting vessel may not leave the land- (ii) Revision to PNOL. The operator of ing site until the IFQ halibut, IFQ sa- any vessel wishing to make an IFQ blefish, or CDQ halibut account is prop- landing before the date and time erly debited (see § 679.40(h)). (A.l.t.) reported in the PNOL or later (ii) No movement of IFQ halibut, CDQ than 2 hours after the date and time halibut, or IFQ sablefish. The offloaded (A.l.t.) reported in the PNOL must sub- IFQ halibut, CDQ halibut, or IFQ sable- mit a new PNOL as described in para- fish may not be moved from the land- graphs (l)(1)(i) and (iii) of this section. ing site until the IFQ Landing Report (iii) Information required. A PNOL is completed through eLandings or must include the following: other NMFS-approved software and the (A) Vessel name and ADF&G vessel IFQ permit holder’s or CDQ permit registration number; holder’s account is properly debited (B) Port of landing and port code (see § 679.40(h)). from Tables 14a and 14b to this part; (iii) Single offload site—(A) IFQ hal- (C) Exact location of landing within ibut and CDQ halibut. The vessel oper- the port (i.e., dock name, harbor name, ator who lands IFQ halibut or CDQ hal- facility name, or geographical coordi- ibut must continuously and completely nates); offload at a single offload site all hal- (D) The date and time (A.l.t.) that ibut onboard the vessel. the landing will take place; (B) IFQ sablefish. The vessel operator (E) Species and estimated weight (in who lands IFQ sablefish must continu- pounds) of the IFQ halibut, CDQ hal- ously and completely offload at a sin- ibut or IFQ sablefish that will be land- gle offload site all sablefish onboard ed; the vessel. (F) IFQ regulatory area(s) in which (3) Transshipment authorization. For a the IFQ halibut, CDQ halibut, or IFQ comparison of forms used for shipping, sablefish were harvested; transporting, or transferring fish or (G) IFQ permit number(s) that will be fish product, see Table 13 to this part. used to land the IFQ halibut, CDQ hal- (i) No person may transship proc- ibut, or IFQ sablefish; essed IFQ halibut, CDQ halibut, IFQ sa- (H) Gear type used to harvest the IFQ blefish, or CR crab between vessels sablefish or IFQ halibut (see Table 15 without authorization by a local clear- to this part); and ing officer. Authorization from a local (I) If using longline pot gear in the clearing officer must be obtained for GOA, report the number of pots set, the each instance of transshipment at least number of pots lost, and the number of 24 hours before the transshipment is in- pots left deployed on the fishing tended to commence. grounds. (ii) Information required. To obtain a (iv) Exemption—(A) Halibut. An IFQ Transshipment Authorization, the ves- landing of halibut of 500 lb or less of sel operator must provide the following IFQ weight determined pursuant to information to the clearing officer: § 679.40(h) and concurrent with a legal (A) Date and time (A.l.t.) of trans- landing of salmon harvested using hand shipment; troll gear or power troll gear is exempt from the PNOL required by this sec- (B) Location of transshipment; tion. (C) Name and ADF&G vessel registra- (B) Lingcod. An IFQ landing of hal- tion number of vessel offloading trans- ibut of 500 lb or less of IFQ weight de- shipment; termined pursuant to § 679.40(h) and (D) Name of vessel receiving the concurrent with a legal landing of transshipment; lingcod harvested using dinglebar gear (E) Product destination; is exempt from the PNOL required by (F) Species and product type codes; this section. (G) Total product weight; (2) IFQ landing—(i) Remain at landing (H) Time (A.l.t.) and date of the re- site. Once the landing has commenced, quest;

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(I) Name, telephone number, FAX CDQ halibut must ensure that one or number (if any) for the person making more CDQ hired master permit holders the request. are onboard with enough remaining (4) IFQ departure report. For a com- halibut CDQ balance to harvest parison of forms used for shipping, amounts of CDQ halibut equal to or transporting, or transferring fish or greater than all CDQ halibut onboard. fish product, see Table 13 to this part. (3) A vessel operator submitting an (i) General requirements—(A) Time limit IFQ Departure Report to document CR and submittal. A vessel operator who in- crab must have one or more permit tends to make a landing of IFQ halibut, holders on board with a combined CR CDQ halibut, IFQ sablefish, or CR crab balance equal to or greater than all CR at any location other than in an IFQ crab on board the vessel. regulatory area for halibut and sable- (ii) Required information. When sub- fish or in a crab fishery for CR crab (see mitting an IFQ Departure Report, the Table 1 to part 680) in the State of vessel operator must provide the fol- Alaska must submit an IFQ Departure lowing information: Report, by telephone, to OLE, Juneau, (A) Intended date, time (A.l.t.), and AK, (800–304–4846 or 907–586–7163) be- location of landing; tween the hours of 0600 hours, A.l.t., (B) Vessel name and ADF&G vessel and 2400 hours, A.l.t. registration number; (B) A vessel op- Completion of fishing. (C) Vessel operator’s name and Reg- erator must submit an IFQ Departure istered Buyer permit or Registered Report after completion of all fishing Crab Receiver permit number; and prior to departing the waters of (D) Halibut IFQ, halibut CDQ, sable- the EEZ adjacent to the jurisdictional fish IFQ, and CR crab permit numbers waters of the State of Alaska, the ter- of IFQ and CDQ permit holders on ritorial sea of the State of Alaska, or board; the internal waters of the State of Alaska when IFQ halibut, CDQ halibut, (E) Area of harvest. (1) If IFQ or CDQ IFQ sablefish, or CR crab are on board. halibut, then halibut regulatory areas (C) Permit—(1) Registered Crab Receiver (see Figure 15 to this part). permit. A vessel operator submitting an (2) If IFQ sablefish, then sablefish IFQ Departure Report for CR crab regulatory areas (see Figure 14 to this must have a Registered Crab Receiver part). permit. (3) If CR crab, then the crab rational- (2) Registered Buyer permit. A vessel ization fishery code (see Table 1 to part operator submitting an IFQ Departure 680). Report for IFQ halibut, CDQ halibut, or (F) Estimated total weight as appro- IFQ sablefish must have a Registered priate of IFQ halibut, CDQ halibut, IFQ Buyer permit. sablefish, or CR crab on board (lb/kg/ (D) First landing of any species. A ves- mt). sel operator submitting an IFQ Depar- (iii) Revision to Departure Report. A ture Report must submit IFQ landing vessel operator who intends to make an reports for all IFQ halibut, CDQ hal- IFQ landing at a location different ibut, and IFQ sablefish on board at the from the location named on the IFQ same time and place as the first land- Departure report must submit a re- ing of any IFQ halibut, CDQ halibut, or vised report naming the new location IFQ sablefish. at least 12 hours in advance of the off- (E) Permits on board. (1) A vessel oper- load. Revisions must be submitted by ator submitting an IFQ Departure Re- telephone, to OLE, Juneau, AK, (800– port to document IFQ halibut or IFQ 304–4846 or 907–586–7163) between the sablefish must have one or more IFQ hours of 0600 hours, A.l.t., and 2400 permit holders or IFQ hired master hours, A.l.t. permit holders on board with a com- (5) Landing verification, inspection and bined IFQ balance equal to or greater record retention—(i) Verification and in- than all IFQ halibut and IFQ sablefish spection. Each IFQ landing and all fish on board the vessel. retained on board the vessel making an (2) A vessel operator submitting an IFQ landing are subject to verification IFQ Departure Report to document and inspection by authorized officers.

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(ii) Record retention. The IFQ permit landed at the landing port location and holder, IFQ hired master permit hold- purchased by the IFQ Registered er, or CDQ hired master permit holder Buyer; must retain a legible copy of all Land- (ii) The monthly total gross ex-vessel ing Report receipts, and the Registered value, in U.S. dollars, of IFQ pounds, Buyer must retain a copy of all reports by IFQ species or CDQ halibut, that and receipts required by this section. were landed at the landing port loca- All retained records must be available tion and purchased by the IFQ Reg- for inspection by an authorized officer: istered Buyer; (A) Until the end of the fishing year (3) Value paid for price adjustments—(i) during which the records were made Retro-payments. The monthly total U.S. and for as long thereafter as fish or fish dollar amount of any retro-payments products recorded are retained onboard (correlated by IFQ species or CDQ hal- the vessel or at the facility; and ibut, landing month(s), and month of (B) Upon request of an authorized of- payment) made in the current year to ficer for 3 years after the end of the IFQ, or to CDQ halibut permit holders fishing year during which the records for landings made during the previous were made. calendar year; (6) Sampling—(i) Each IFQ landing (ii) Electronic submittal. Certification, and all fish retained onboard a vessel including the NMFS ID and password making an IFQ landing are subject to of the IFQ Registered Buyer; or sampling by NMFS-authorized observ- (iii) Non-electronic submittal. Certifi- ers. cation, including the printed name and (ii) Each IFQ halibut landing or CDQ signature of the individual submitting halibut landing is subject to sampling the IFQ Buyer Report on behalf of the for biological information by persons Registered Buyer, and date of signa- authorized by the IPHC. ture. (7) IFQ cost recovery program—(i) IFQ (D) Submittal. If applicable, the Reg- Registered Buyer Ex-vessel Volume and istered Buyer must complete an IFQ Value Report (IFQ Buyer Report)—(A) Buyer Report and submit by mail or Applicability. An IFQ Registered Buyer FAX to NMFS at the address provided that operates as a shoreside processor on the form, or electronically to NMFS and receives and purchases IFQ land- online at http://alaskafisheries.noaa.gov/ ings of sablefish or halibut or CDQ ram. landings of halibut must submit annu- (E) Reporting period. The reporting ally to NMFS a complete IFQ Buyer period of the IFQ Buyer Report shall Report as described in this paragraph extend from October 1 through Sep- (l) and as provided by NMFS for each tember 30 of the following year, inclu- reporting period, as described at sive. § 679.5(1)(7)(i)(E), in which the Reg- (ii) IFQ Permit Holder Fee Submission istered Buyer receives IFQ fish or CDQ Form—(A) Applicability. An IFQ permit halibut. holder who holds an IFQ permit (B) Due date. A complete IFQ Buyer against which a landing was made or Report must be postmarked or received an RQE that holds RFQ must submit to by the Regional Administrator not NMFS a complete IFQ Permit Holder later than October 15 following the re- Fee Submission Form provided by porting period in which the IFQ Reg- NMFS. istered Buyer receives the IFQ fish or (B) Due date and submittal. A com- CDQ halibut. plete IFQ Permit Holder Fee Submis- (C) Information required. A complete sion Form must be postmarked or re- IFQ Buyer Report must include the fol- ceived by the Regional Administrator lowing information as instructed on not later than January 31 following the the report form at http:// calendar year in which any IFQ landing alaskafisheries.noaa.gov/ram: was made. (1) IFQ Registered Buyer identification. (C) Completed application. NMFS will (2) Pounds purchased and values paid. process an IFQ Permit Holder Fee Sub- (i) The monthly total weights, rep- mission Form provided that a paper or resented in IFQ equivalent pounds by electronic form is completed by the IFQ species or CDQ halibut, that were IFQ permit holder or an RQE that

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holds RFQ, with all applicable fields (m) CDQ Vessel Registration—(1) Reg- accurately filled in, and all required istration. The representative for a CDQ additional documentation is attached. group must register each vessel that is (D) IFQ landing summary and esti- to receive the exemption from the LLP mated fee liability. NMFS will provide to license requirements at § 679.4(k)(2)(vi) an IFQ permit holder and an RQE that through the CDQ vessel registration holds RFQ an IFQ Landing and Esti- system available on the NMFS Alaska mated Fee Liability page as required Region Web site (http:// by § 679.45(a)(2). The IFQ permit holder alaskafisheries.noaa.gov). The CDQ must either accept the accuracy of the group representative must log into the NMFS estimated fee liability associ- CDQ vessel registration system and ated with his or her IFQ landings for provide the information required on each IFQ permit, or calculate a revised the computer screen. NMFS will add IFQ fee liability in accordance with each vessel successfully registered to paragraph (l)(7)(ii)(E) of this section. the CDQ vessel registration list on the The IFQ permit holder may calculate a NMFS Alaska Region Web site at http:// revised fee liability for all or part of alaskafisheries.noaa.gov. his or her IFQ landings. (2) Responsibility. The CDQ group rep- (E) Revised fee liability calculation. To resentative must successfully complete calculate a revised fee liability, an IFQ vessel registration through the CDQ permit holder must multiply the IFQ vessel registration system before the percentage in effect by either the IFQ vessel may be used to conduct ground- actual ex-vessel value or the IFQ fish CDQ fishing under § 679.32(c)(3)(iii) standard ex-vessel of the IFQ landing. without an LLP license. By using the If parts of the landing have different CDQ group’s NMFS ID and password values, the permit holder must apply and submitting the vessel registration the appropriate values to the different request, the CDQ group representative parts of the landings. certifies that all information is true, (F) Documentation. If NMFS requests correct, and complete. in writing that a permit holder submit (3) LLP exemption letter. The CDQ ves- documentation establishing the factual sel registration system will provide the basis for a revised IFQ fee liability, the CDQ group representative with an LLP permit holder must submit adequate exemption letter documenting that the documentation by the 30th day after registered vessel is exempt from the the date of such request. Examples of LLP when groundfish CDQ fishing. The such documentation regarding initial CDQ group representative must provide sales transactions of IFQ landings in- a copy of the LLP exemption letter to clude valid fish tickets, sales receipts, the operator of the registered vessel or check stubs that clearly identify the named in the LLP exemption letter. IFQ landing amount, species, date, The operator of the registered vessel time, and ex-vessel value or price. named in the LLP exemption letter (G) Reporting period. The reporting must maintain a legible copy of the period of the IFQ Permit Holder Fee LLP exemption letter on board the reg- Submission Form shall extend from istered vessel at all times when that January 1 to December 31 of the year vessel is groundfish CDQ fishing. prior to the January 31 due date. (4) Removing a vessel from the CDQ ves- (8) An annual report on the halibut sel registration list. A CDQ group rep- and sablefish IFQ activity must be sub- resentative may remove a vessel from mitted by the CQE as required at the CDQ vessel registration system by § 679.5(t). logging into the online system and fol- (9) Recreational Quota Entity Program lowing the applicable instructions. A annual report. An annual report on RQE CDQ group representative may remove activities must be submitted to NMFS a registered vessel from the CDQ vessel by the RQE as required at § 679.5(v). registration list at any time but must (10) A report on annual IFQ regu- certify at the time of removal that the latory areas 4B, 4C, and 4D Halibut IFQ vessel operator had been given notice transfer activities must be submitted by the CDQ group that the vessel is to NMFS and the Council by a CDQ going to be removed from the list and group as required at § 679.5(w). that the vessel is not groundfish CDQ

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fishing at the time of removal. A vessel page for each year in which the that is successfully removed from the mothership or catcher/processor was CDQ vessel registration list is no issued a Federal Fisheries permit. The longer exempt from the LLP require- owner of a mothership must include all ments under § 679.4(k). fish received and processed during the (n) CDQ and PSQ transfers— year, including fish received from an (1) CDQ or PSQ transfer. NMFS will associated tender vessel. The ADF&G process a request for CDQ or PSQ COAR is further described under Alas- transfer between CDQ groups provided ka Administrative Code (5 AAC 39.130) that the requirements of this para- (see § 679.3 (b)(2)). graph are met. (2) Time limit and submittal of COAR. (2) Completed application. A paper or The owner of a mothership or catcher/ electronic request form must be com- processor must submit to ADF&G the pleted with all information fields accu- appropriate Forms A through M and rately filled in by transferors and COAR certification page by April 1 of transferees, and all required additional the year following the year for which documentation must be attached. the report is required to the following (3) Certification of transferor—(i) Non- address: electronic submittal. The transferor’s ADF&G Division of Commercial Fish- designated representative must sign eries, Attn: COAR, P.O. Box 25526, Ju- and date the application certifying neau, AK 99802–5526 that all information is true, correct, (3) Information required, certification and complete. The transferor’s des- page. The owner of a mothership or ignated representative must submit catcher/processor must: the paper application as indicated on (i) Enter the company name and ad- the application. dress, including street, city, state, and (ii) Electronic submittal. The trans- zip code; also seasonal mailing address, feror’s designated representative must if applicable. log into the system and create a trans- (ii) Enter the vessel name and fer request as indicated on the com- ADF&G processor code. puter screen. By using the transferor’s (iii) Check YES or NO to indicate NMFS ID, password, and Transfer Key whether fishing activity was conducted and submitting the transfer request, during the appropriate year. the designated representative certifies that all information is true, correct, (iv) If response to paragraph (p)(3)(iii) and complete. of this section is YES, complete the ap- (4) Certification of transferee—(i) Non- plicable forms of the COAR (see table electronic submittal. The transferee’s 18 to this part) and complete and sign designated representative must sign the certification page. and date the application certifying (v) If response to paragraph (p)(3)(iii) that all information is true, correct, of this section is NO, complete and sign and complete. only the certification page. (ii) Electronic submittal. The trans- (vi) Sign and enter printed or typed feree’s designated representative must name, e-mail address, title, telephone log into the system and create a trans- number, and FAX number of owner. fer request as indicated on the com- (vii) Enter printed or typed name, e- puter screen. By using the transferee’s mail address, and telephone number of NMFS ID, password, and Transfer Key alternate contact. and submitting the transfer request, (4) Buying information (exvessel), the designated representative certifies Forms A (1-3), C (1-2), E, G, I (1-2), and that all information is true, correct, K—(i) Requirement. The owner of a and complete. mothership (if the first purchaser of (o) [Reserved] raw fish) must complete and submit (p) Commercial Operator’s Annual Re- the appropriate COAR buying forms (A port (COAR)—(1) Requirement. The (1–3), C (1–2), E, G, I (1–2), and K) for owner of a mothership or catcher/proc- each species purchased from fishermen essor must annually complete and sub- during the applicable year. mit to ADF&G the appropriate Forms (ii) Buying information required. The A through M and COAR certification owner of the mothership must record

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the following information on the ap- (ii) Information required, non-canned propriate COAR buying forms: production—(A) Enter area of proc- (A) Species name and code (see table essing (see table 16 to this part). List 2 to this part). production of Canadian-harvested fish (B) Area purchased (see table 16 to separately. this part). (B) Processed product. Processed (C) Gear code (see table 15 to this product must be described by entering part). three codes: (D) Delivery code (form G only) (see (1) Process prefix code (see table 17 to table 1 to this part). this part) (E) Total weight (to the nearest lb) (2) Process suffix code (see table 17 to purchased from fishermen. this part) (F) Total amount paid to fishermen, (3) Product code (see table 1 to this including all post- season adjustments part) and/or bonuses and any credit received (C) Total net weight. Enter total by fishermen for gas expenses, ice, de- weight (in pounds) of the finished prod- livery premiums, and other miscella- uct. neous expenses. (D) Total value($). Enter the total (G) Price per pound. If additional ad- wholesale value of the finished product. justments may be made after this re- (E) Enter price per pound of the fin- port has been filed, the owner must ished product. check the ‘‘$ not final’’ box, and submit (iii) Information required, canned pro- Form M when these adjustments are duction. Complete an entry for each can paid. Do not include fish purchased size produced: from another processor. (A) Enter area of processing (see (5) Production forms, Forms B (1–6), D, table 16 to this part). F, H, J (1–2), and K). For purposes of (B) Process 51 or 52. Enter conven- this paragraph, the total wholesale tional canned code (51) or smoked, con- value is the amount that the processor ventional canned code (52). receives for the finished product (free on board pricing mothership or catch- (C) Total value($). Enter the total er/processor). For products finished but wholesale value of the finished product. not yet sold (still held in inventory), (D) Enter can size in ounces, to the calculate the estimated value using the hundredth of an ounce. average price received to date for that (E) Enter number of cans per case. product. (F) Enter number of cases. (i) Requirement—(A) Mothership. The (6) Custom production forms, Form L (1– owner of a mothership must record and 2)—(i) Requirement. The owner of a submit the appropriate COAR produc- mothership or catcher/processor must tion forms (B(1–6), D, F, H, J(1–2), and record and submit COAR production K) for all production that occurred for form L (1–2) for each species in which each species during the applicable custom production was done by the year: mothership or catcher/processor for an- (1) That were purchased from fisher- other processor and for each species in men on the grounds and/or dockside, which custom production was done for including both processed and unproc- the mothership or catcher/processor by essed seafood. another processor. (2) That were then either processed (ii) Custom-production by mothership or on the mothership or exported out of catcher/processor for another processor. If the State of Alaska. the mothership or catcher/processor (B) Catcher/processor. The owner of a custom-processed fish or shellfish for catcher/processor must record and sub- another processor during the applicable mit the appropriate COAR production year, the owner of the mothership or forms (B(1–6), D, F, H, J (1–2), and K) catcher/processor must list the proc- for each species harvested during the essor name and ADF&G processor code applicable year that were then either (if known) to describe that processor, processed on the vessel or exported out but must not include any of that pro- of the State of Alaska. duction in production form L (1–2).

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(iii) Custom-production by another ments and/or bonuses awarded to a processor for mothership or catcher/proc- fisherman, including credit received by essor. If a processor custom-processed fishermen for gas expenses, ice, deliv- fish or shellfish for the mothership or ery premiums, and other miscellaneous catcher/processor during the applicable expenses. year, the owner of the mothership or (ii) Information required—(A) Enter catcher/processor must use a separate species name and code (see table 2 to page to list each processor and must this part). include the following information. (B) Enter area purchased (see table 16 (A) Custom fresh/frozen miscellaneous to this part) production. The owner of a mothership (C) Enter gear code (see table 16 to or catcher/processor must list the fol- this part). lowing information to describe produc- (D) Enter total pounds purchased tion intended for wholesale/retail mar- from fisherman. ket and that are not frozen for canning (E) Enter total amount paid to fish- later: ermen (base + adjustment). (1) Species name and code (see table (q) AI directed pollock fishery catch re- 2 to this part). ports—(1) Applicability. The Aleut Cor- (2) Area of processing (see table 16 to poration shall provide NMFS the iden- this part). tity of its designated contact for the (3) Processed product. Processed Aleut Corporation. The Aleut Corpora- product must be entered using three tion shall submit to the Regional Ad- codes: ministrator a pollock catch report con- (i) Process prefix code (see table 17 to taining information required by para- this part). graph (q)(3) of this section. (ii) Process suffix code (see table 17 to (2) Time limits and submittal. (i) The this part). Aleut Corporation must submit its AI (iii) Product code (see table 1 to this directed pollock fishery catch reports part). by one of the following methods: (4) Total net weight. Enter total (A) An electronic data file in a for- weight in pounds of the finished prod- mat approved by NMFS; or uct. (B) By fax. (5) Total wholesale value($). Enter (ii) The AI directed pollock fishery the total wholesale value of the fin- catch reports must be received by the ished product. Regional Administrator by 1200 hours, (B) Custom canned production. The A.l.t. on Tuesday following the end of owner of a mothership or catcher/proc- the applicable weekly reporting period, essor must list the following informa- as defined at § 679.2. tion to describe each can size produced (3) Information required. The AI di- in custom canned production: rected pollock fishery catch report (1) Species name and code (see table must contain the following informa- 2 to this part). tion: (2) Area of processing (see table 16 to (i) Catcher vessel ADF&G number; this part). (ii) Federal fisheries or Federal proc- (3) Process 51 or 52. Enter conven- essor permit number; tional canned code (51) or smoked, con- (iii) Delivery date; ventional canned code (52). (iv) Pollock harvested: (4) Total wholesale value ($). Enter (A) For shoreside and stationary the total wholesale value of the fin- floating processors and motherships, ished product. the amount of pollock (in lb for shore- (5) Can size in ounces, to the hun- side and stationary floating processors dredth of an ounce. and in mt for motherships) delivered, (6) Number of cans per case. including the weight of at-sea pollock (7) Number of cases. discards; and (7) Fish buying retro payments/post-sea- (B) For catcher/processors, the son adjustments, Form M—(i) Require- amount of pollock (in mt) harvested ment. The owner of a mothership must and processed, including the weight of record and submit COAR production at-sea pollock discards; and Form M to describe additional adjust- (v) ADF&G fish ticket number.

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(r) Rockfish Program—(1) General. The permitted in the Rockfish Program owners and operators of catcher ves- (see § 679.4(n)(1)) annually must submit sels, catcher/processors, and shoreside to the Regional Administrator an an- processors authorized as participants nual rockfish cooperative report detail- in the Rockfish Program must comply ing the use of the cooperative’s CQ: with the applicable recordkeeping and (ii) Time limits and submittal. (A) The reporting requirements of this section annual rockfish cooperative report and must assign all catch to a rockfish must be submitted to the Regional Ad- cooperative or rockfish sideboard fish- ministrator by an electronic data file ery, as applicable at the time of catch in a NMFS-approved format by fax: or receipt of groundfish. All owners of 907–586–7557; or by mail to the Regional catcher vessels, catcher/processors, and Administrator, NMFS Alaska Region, shoreside processors authorized as par- P.O. Box 21668, Juneau, AK 99802–1668; ticipants in the Rockfish Program and must ensure that their designated rep- (B) The annual rockfish cooperative resentatives or employees comply with all applicable recordkeeping and re- report must be received by the Re- th porting requirements. gional Administrator by December 15 (2) Logbook—(i) DFL. Operators of of each year. catcher vessels equal to or greater than (iii) Information required. The annual 60 ft (18.3 m) LOA participating in a rockfish cooperative report must in- Rockfish Program fishery and using clude at a minimum: trawl gear must maintain a daily fish- (A) The cooperative’s CQ, sideboard ing logbook for trawl gear as described limit (if applicable), and any rockfish in paragraphs (a) and (c) of this sec- sideboard fishery harvests made by the tion. rockfish cooperative vessels on a ves- (ii) ELB. Operators of catcher/proc- sel-by-vessel basis; essors permitted in the Rockfish Pro- (B) The cooperative’s actual retained gram must use a combination of and discarded catch of CQ, and NMFS-approved catcher/processor sideboard limit (if applicable) by sta- trawl gear ELB and eLandings to tistical area and vessel-by-vessel basis; record and report groundfish and PSC (C) A description of the method used information as described in paragraph by the cooperative to monitor fisheries (f) of this section to record Rockfish in which cooperative vessels partici- Program landings and production. pated; and (3) eLandings. Managers of shoreside (D) A description of any actions processors that receive rockfish pri- taken by the cooperative in response to mary species or rockfish secondary spe- any members that exceeded their catch cies in the Rockfish Program must use as allowed under the rockfish coopera- eLandings or NMFS-approved software tive agreement. as described in paragraphs (e) and (f) of (7) Vessel monitoring system (VMS) re- this section, instead of a logbook and quirements (see § 679.28(f)). WPR, to record Rockfish Program landings and production. (8) Rockfish cooperative vessel check-in (4) Production reports. Operators of and check-out report—(i) Applicability— catcher/processors that are authorized (A) Vessel check-in. The designated rep- as processors in the Rockfish Program resentative of a rockfish cooperative must submit a production report as de- must designate any vessel that is au- scribed in paragraphs (e)(9) and (10) of thorized to fish under the rockfish co- this section. operative’s CQ permit before that ves- (5) Product transfer report (PTR), proc- sel may fish under that CQ permit essors. Operators of catcher/processors through a check-in procedure. The des- and managers of shoreside processors ignated representative for a rockfish that are authorized as processors in the cooperative must submit to NMFS, in Rockfish Program must submit a PTR accordance with (8)(ii), a check-in des- as described in paragraph (g) of this ignation for a vessel: section. (1) At least 48 hours prior to the time (6) Annual rockfish cooperative report— the catcher vessel begins a fishing trip (i) Applicability. A rockfish cooperative to fish under a CQ permit; or

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(2) At least 1 hour prior to the time and Value Report, as described in this the catcher/processor begins a fishing paragraph (r)(10), for each reporting pe- trip to fish under a CQ permit; and riod for which the rockfish processor (3) A check-in designation is effective receives rockfish CQ groundfish. at the beginning of the first fishing (ii) Reporting period. The reporting trip after the designation has been sub- period of the Rockfish Ex-vessel Vol- mitted. ume and Value Report shall extend (B) Vessel check-out. The designated from May 1 through November 15 of representative of a rockfish coopera- each year. tive must designate any vessel that is (iii) Due date. A complete Rockfish no longer fishing under a CQ permit for Ex-vessel Volume and Value Report that rockfish cooperative through a must be received by the Regional Ad- check-out procedure. A check-out re- ministrator not later than December 1 port must be submitted to NMFS, in of the year in which the rockfish proc- accordance with (8)(ii), within 6 hours essor received the rockfish CQ ground- after the effective date and time the fish. rockfish cooperative ends the vessel’s (iv) Information required. (A) The authority to fish under the CQ permit. rockfish processor must log in using (1) If the vessel is fishing under a CQ the rockfish processor’s password and permit for a catcher vessel cooperative, NMFS person ID to submit a Rockfish a check-out designation is effective at Ex-vessel Volume and Value Report. the end of a complete offload; The NMFS software autofills the rock- (2) If the vessel is fishing under a CQ fish processor’s name. The User must permit for a catcher/processor coopera- review the autofilled cells to ensure tive, a check-out designation is effec- that they are accurate. A completed tive upon submission to NMFS. application must contain the informa- (ii) Submittal. The designated rep- tion specified on the Rockfish Ex-ves- resentative of the rockfish cooperative sel Volume and Value Report with all must submit a vessel check-in or applicable fields accurately filled-in. check-out report electronically. The (B) Certification. By using the rock- rockfish cooperative’s designated rep- fish processor NMFS ID and password resentative must log into the online and submitting the report, the rockfish system and create a vessel check-in or processor certifies that all information vessel check-out request as indicated is true, correct, and complete to the on the computer screen. By using the best of his or her knowledge and belief. NMFS ID password and submitting the (v) Submittal. The rockfish processor transfer request, the designated rep- must complete and submit online by resentative certifies that all informa- electronic submission to NMFS the tion is true, correct, and complete. Rockfish Ex-vessel Volume and Value (iii) Information required. The vessel Report available at https:// check-in or check-out report must con- alaskafisheries.noaa.gov. tain the following information: (s) Amendment 80 Program—(1) Gen- (A) CQ permit number; eral. The owners and operators of (B) ADF&G vessel registration num- Amendment 80 vessels must comply ber(s) of vessel(s) designated to fish with the applicable recordkeeping and under the CQ permit; reporting requirements of this section. (C) USCG designation number(s) of All owners of Amendment 80 vessels vessel(s) designated to fish under the must ensure that their designated rep- CQ permit; and resentatives or employees comply with (D) Date and time when check-in or all applicable recordkeeping and re- check-out begins. porting requirements. (9) Rockfish CQ cost recovery fee sub- (2) Logbook-DCPL. Operators of mission (See § 679.85). Amendment 80 vessels must use a daily (10) Rockfish Ex-vessel Volume and cumulative production logbook for Value Report—(i) Applicability. A rock- trawl gear as described in paragraph (a) fish processor that receives and pur- of this section to record Amendment 80 chases landings of rockfish CQ ground- Program landings and production. fish must submit annually to NMFS a (3) Check-in/check-out report, proc- complete Rockfish Ex-vessel Volume essors. Operators or managers of an

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Amendment 80 vessel must submit under a CQ permit issued for the prior check-in/check-out reports as described calendar year must be received by the in paragraph (h) of this section. Regional Administrator not later than (4) Production report. Operators of 1700 hours A.l.t. on March 1 of each Amendment 80 vessels that use a DCPL year. must submit a production report as de- (iii) Information required. The annual scribed in paragraph (e)(10) of this sec- Amendment 80 cooperative report must tion. include at a minimum: (5) Product transfer report (PTR), proc- (A) The cooperative’s actual retained essors. Operators of Amendment 80 ves- and discarded catch of CQ and GOA sels must submit a PTR as described in sideboard limited fisheries (if applica- paragraph (g) of this section. ble) by statistical area and on a vessel- (6) Annual Amendment 80 cooperative by-vessel basis; report—(i) Applicability. An Amendment (B) A description of the method used 80 cooperative issued a CQ permit must by the cooperative to monitor fisheries submit annually to the Regional Ad- in which cooperative vessels partici- ministrator an Amendment 80 coopera- pated; and tive report detailing the use of the co- (C) A description of any actions operative’s CQ. taken by the cooperative against spe- (ii) Time limits and submittal. (A) The cific members in response to a member annual Amendment 80 cooperative re- that exceeded the amount of CQ that port must be submitted to the Regional the member was assigned to catch for Administrator by an electronic data the Amendment 80 cooperative. file in a NMFS-approved format; by (D) For each Amendment 80 coopera- fax: 907–586–7557; or by mail sent to the tive, the percent of groundfish retained Regional Administrator, NMFS Alaska by that Amendment 80 cooperative of Region, P.O. Box 21668, Juneau, AK the aggregate groundfish retained by 99802–1668; and all Amendment 80 vessels assigned to (B) The annual Amendment 80 coop- that Amendment 80 cooperative using erative report for fishing activities the following equations:

Substituting the value for GFR% is the groundfish retention percentage GFroundweight into the following equa- for an Amendment 80 cooperative cal- tion: culated as GFroundweight divided by the total weight of groundfish catch. GFR% = (GFroundweight /TotalGF)* 100 TotalGF is the total groundfish round catch Where: weight for all Amendment 80 vessels as- signed to that Amendment 80 cooperative GFroundweight is the total annual round as measured by the flow scale measure- weight equivalent of all retained product ment, less any non-groundfish, PSC spe- weights retained by all Amendment 80 cies or groundfish species on prohibited vessels assigned to that Amendment 80 species status under § 679.20. cooperative for each IR/IU groundfish species. (E) For each Amendment 80 coopera- PWspeciesn is the total annual product weight tive, a third party must audit the for each groundfish species listed in Amendment 80 cooperative’s annual Table 2a to this part by product type as groundfish retention calculations and reported in the vessel’s production report for all Amendment 80 vessels assigned to the Amendment 80 cooperative must that Amendment 80 cooperative required include the finding of the third party at § 679.5(e). audit in its Amendment 80 annual co-

PRRspeciesn is the standard product recovery operative report. rate for each groundfish species and (7) Vessel monitoring system (VMS) re- product combination listed in Table 3 to quirements (see § 679.28(f)). this part.

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(t) Community Entity Quota Program (5) Program specific report require- Annual Report—(1) Applicability. A CQE ments. Each CQE must report business must submit an annual report on the operations and fishing activity for the CQE’s administrative activities, busi- charter halibut permit, IFQ, and LLP ness operation, and community fishing programs for each eligible community activities for each calendar year it represented by the CQE. holds any of the following: community (i) If a community in Table 21 to part charter halibut permits as described at 679 was issued one or more charter hal- § 300.67(k) of this title, halibut and sa- ibut permits held on behalf of the com- blefish individual fishing quota (IFQ) munity by a CQE, then the CQE must and quota shares (QS) as described at complete paragraphs (t)(5)(iv)(A) § 679.41(l)(3), and community Pacific through (I) of this section; cod endorsed non-trawl groundfish li- (ii) If a community in Table 21 to cense limitation program (LLP) li- part 679 leased halibut and sablefish censes as described at IFQ derived from the QS held on behalf § 679.4(k)(10)(vi)(F)(2). The CQE may of the community by a CQE, then the combine annual reports about its hold- CQE must complete paragraphs ings of community charter halibut per- (t)(5)(v)(A) through (J) of this section; mits, IFQ, and LLPs in one report. A and CQE must submit annual report data (iii) If a community in Table 21 to for the community charter halibut per- part 679 was assigned one or more Pa- mit, IFQ, and LLP permits it held dur- cific cod endorsed non-trawl groundfish ing the calendar year. A CQE is not re- licenses held on behalf of the commu- quired to submit an annual report for nity by a CQE, then the CQE must any calendar year in which it did not complete paragraphs (t)(5)(vi)(A) hold any community charter halibut through (I) of this section. permits, IFQ, or LLPs. (iv) Charter Halibut Limited Access (2) Time limits and submittal. By Janu- Program. For each community rep- ary 31, the CQE must submit a com- resented by the CQE, the program spe- plete annual report for the prior cal- cific report for charter halibut permits endar year to the Regional Adminis- held by a CQE, must include: trator, National Marine Fisheries Serv- (A) The total number of charter hal- ice, P.O. Box 21668, Juneau, AK 99802, ibut permits held by the CQE at the and to the governing body of each com- start of the calendar year, at the end of munity represented by the CQE as the calendar year, and projected to be identified in Table 21 to this part. held in the next calendar year; (3) Complete annual report. A complete (B) A description of the process used annual report contains all general re- by the CQE to solicit applications from port requirements listed in paragraphs persons to use charter halibut permits (t)(4)(i) through (t)(4)(iii) of this sec- that the CQE is holding on behalf of tion and all program specific report re- the eligible community; quirements applicable to the CQE as (C) The total number of persons who described in paragraphs (t)(5)(i) applied to use one or more charter hal- through (t)(5)(iii). ibut permits; (4) General report requirements. Each (D) Name, business address, city and CQE must report the following infor- state, and number of charter halibut mation: permits requested by each person who (i) The eligible community or com- applied to use a charter halibut permit munities, represented by the CQE, any held by the CQE; new communities, and any withdrawn (E) A detailed description of the cri- communities; teria used by the CQE to distribute (ii) Any changes in the bylaws of the charter halibut permits among persons CQE, board of directors, or other key who applied to use one or more charter management personnel; and halibut permits that the CQE is hold- (iii) Copies of minutes and other rel- ing on behalf of the eligible commu- evant decision making documents from nity; all CQE board meetings held during the (F) For each person issued one or prior calendar year. more charter halibut permits held by a

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CQE, provide their name, business ad- (E) A detailed description of the cri- dress, city and state, ADF&G logbook teria used by the CQE to distribute IFQ number(s), and the number(s) of each among eligible community residents charter halibut permits they were au- and non-residents who applied to use thorized to use with the corresponding IFQ held by the CQE; regulatory area endorsement and an- (F) For each person who leased IFQ gler endorsement; derived from QS held by the CQE, pro- (G) For each vessel authorized to par- vide their name, business address, city ticipate in the charter halibut fishery and state, each IFQ permit number, using one or more charter halibut per- and the total pounds of halibut IFQ mits held by the CQE, provide the ves- and total pounds of sablefish IFQ they sel name, ADF&G vessel registration were authorized to use through each number, USCG documentation number, IFQ permit number; length overall, home port and each (G) For each vessel used to harvest charter halibut permits number held IFQ derived from QS held by the CQE, by the CQE and used onboard the ves- provide the vessel name, ADF&G vessel sel; registration number, USCG docu- (H) For each vessel authorized to par- mentation number, length overall, ticipate in the charter halibut fishery home port, and each IFQ permit num- using one or more charter halibut per- ber(s) used onboard; mits held by the CQE, provide each set (H) A description of the efforts made of ports from which the vessel departed by the CQE to ensure crew members and to which it returned, and the total onboard the vessels used to harvest the number of trips that occurred to and IFQ derived from QS held by the CQE from each set of ports when one or are residents of the CQE eligible com- more charter halibut permits held by munity; the CQE was used onboard the vessel; (I) Name, resident city and state of each person employed as a crew mem- and ber on each vessel used to harvest IFQ (I) For each community represented derived from QS held by the CQE; and by the CQE, provide any payments (J) For each community whose eligi- made to the CQE for use of the charter ble community residents and non-resi- halibut permits. dents landed IFQ derived from QS held (v) Individual Fishing Quota Program. by the CQE, provide any payments For each community represented by made to the CQE for use of the IFQ. the CQE, the program specific report (vi) License Limitation Program. For for halibut IFQ or sablefish IFQ that each community represented by the were derived from QS held by the CQE CQE, the program specific report for must include: GOA Pacific cod endorsed non-trawl (A) The total amount of halibut QS groundfish licenses held by a CQE must and total amount of sablefish QS held include: by the CQE at the start of the calendar (A) The total number of LLP ground- year, at the end of the calendar year, fish licenses by gear type endorsement and projected to be held in the next held by the CQE at the start of the cal- calendar year; endar year, at the end of the calendar (B) A description of the process used year, and projected to be held in the by the CQE to solicit applications from next calendar year; eligible community residents and non- (B) A description of the process used residents to use IFQ that is derived by the CQE to solicit applications from from QS that the CQE is holding on be- residents of the eligible community to half of the eligible community; use LLP groundfish license(s) that the (C) The total number of eligible com- CQE is holding on behalf of the eligible munity residents and non-residents community; who applied to use IFQ derived from QS (C) The total number of community held by the CQE; residents who applied to use an LLP (D) Name, business address, city and groundfish license held by the CQE; state, and amount of IFQ requested by (D) Name, business address, city and each person who applied to use IFQ de- state, and number of LLP groundfish rived from QS held by the CQE; licenses requested by each person who

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applied to use a LLP groundfish license the processor or mothership received held by the CQE; the Pacific cod. (E) A detailed description of the cri- (iv) Information required. (A) The sub- teria used by the CQE to distribute mitter must log in using his or her LLP groundfish licenses among eligible password and NMFS person ID to sub- community residents who applied to mit a Pacific Cod Ex-vessel Volume use LLP groundfish licenses held by and Value Report. The User must re- the CQE; view any auto-filled cells to ensure (F) For each person assigned one or that they are accurate. A completed re- more LLP groundfish licenses held by port must have all applicable fields ac- the CQE, provide their name, business curately filled-in. address, city and state, and LLP (B) Certification. By using the NMFS groundfish license numbers for permits person ID and password and submitting of each gear endorsement type they the report, the submitter certifies that were authorized to use; all information is true, correct, and (G) For each vessel authorized to har- complete to the best of his or her vest LLP groundfish using one or more knowledge and belief. LLP groundfish licenses held by the (v) Submittal. The submitter must CQE, provide the vessel name, ADF&G complete and submit online to NMFS vessel registration number, USCG doc- the Pacific Cod Ex-vessel Volume and Value Report available at https:// umentation number, length overall, alaskafisheries.noaa.gov. home port, and each LLP groundfish li- (2) First Wholesale Volume and Value cense number used onboard; Report—(i) Applicability. An Amend- (H) Name, resident city and state of ment 80 vessel owner that harvests each person employed as a crew mem- groundfish species, other than Pacific ber on each vessel authorized to har- cod, must submit annually to NMFS a vest LLP groundfish using one or more complete First Wholesale Volume and LLP groundfish licenses held by the Value Report, as described in this para- CQE; and graph (u)(2), for each reporting period (I) For each community whose resi- for which the Amendment 80 vessel dents made landings using one or more harvests groundfish species, other than LLP groundfish licenses held by the Pacific cod. CQE, provide any payments made to (ii) Reporting period. (A) The report- the CQE for use of the LLP groundfish ing period of the First Wholesale Vol- licenses. ume and Value Report for all species (u) BSAI Cost Recovery Volume and except rock sole shall extend from Jan- Value Reports—(1) Pacific Cod Ex-vessel uary 1 to October 31 of the year in Volume and Value Report—(i) Applica- which the landings were made. bility. A shoreside processor designated (B) The first reporting period of the on an FPP, or a mothership designated First Wholesale Volume and Value Re- on an FFP, that processes landings of port for rock sole shall extend from either CDQ Pacific cod or BSAI Pacific January 1 to March 31, and the second cod harvested by a vessel using trawl reporting period shall extend from gear must submit annually to NMFS a April 1 to October 31. complete Pacific Cod Ex-vessel Volume (iii) Due date. A complete First and Value Report, as described in this Wholesale Volume and Value Report paragraph (u)(1), for each reporting pe- must be received by NMFS no later riod for which the shorebased processor than November 10 of the year in which or mothership receives this Pacific cod. the Amendment 80 vessel received the (ii) Reporting period. The reporting groundfish species, other than Pacific period of the Pacific Cod Ex-vessel Vol- cod. ume and Value Report shall extend (iv) Information required. (A) The from January 1 to October 31 of the Amendment 80 vessel owner must log year in which the landings were made. in using his or her password and NMFS (iii) Due date. A complete Pacific Cod person ID to submit a First Wholesale Ex-vessel Volume and Value Report Volume and Value Report. The vessel must be received by NMFS no later owner must review any auto-filled cells than November 10 of the year in which to ensure that they are accurate. A

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completed report must have all appli- cluding a summary of the results of cable fields accurately filled-in. those expenditures; and (B) Certification. By using the NMFS (iv) Amount and description of all person ID and password and submitting other expenses incurred by the RQE. the report, the Amendment 80 vessel (5) Information by IFQ regulatory area. owner certifies that all information is For each IFQ regulatory area rep- true, correct, and complete to the best resented by the RQE, the RQE must an- of his or her knowledge and belief. nually report the following informa- (v) Submittal. The Amendment 80 ves- tion: sel owner must complete and submit (i) The total amount of halibut QS by online to NMFS the First Wholesale category and blocks held by the RQE Volume and Value Report available at at the start of the calendar year, on https://alaskafisheries.noaa.gov. October 1, and at the end of the cal- (v) Recreational Quota Entity Program endar year; Annual Report—(1) Applicability. The (ii) A list of all transfers (purchases RQE must submit a timely and com- or sales) of halibut QS, including the plete annual report on the RQE’s ad- transaction price; and ministrative activities and business op- (iii) A description of the number of eration for each calendar year that it charter halibut permits and number of holds halibut recreational fishing angler endorsements purchased and quota (RFQ) and quota shares (QS). held by the RQE. The RQE may combine annual reports on its holdings of halibut QS and RFQ (w) Report on Area 4 halibut IFQ trans- for IFQ regulatory areas 2C and 3A into fers to CDQ groups—(1) Applicability. A one report. The RQE must submit an- CDQ group that receives IFQ regu- nual report data for the halibut QS and latory area 4 halibut IFQ by transfer RFQ it held during the calendar year. must submit a timely and complete re- The RQE is not required to submit an port on the CDQ group’s annual halibut annual report for any calendar year in IFQ transfer activities for each cal- which it did not hold any halibut QS or endar year that it receives IFQ regu- RFQ. latory area 4 halibut IFQ by transfer. A CDQ group is not required to submit a (2) Time limits and submittal. By Janu- ary 31, the RQE must submit a com- report for any calendar year in which plete annual report for the prior cal- it did not receive any IFQ regulatory endar year to the North Pacific Fish- area 4 halibut IFQ by transfer. ery Management Council, 605 West 4th (2) Time limits and submittal. A CDQ Ave., Suite 306, Anchorage, AK 99501– group must submit a complete report 2252, and to NMFS-Alaska Regional Ad- by January 31 of the year following a ministrator, P.O. Box 21668, Juneau, fishing year during which the CDQ AK 99802–1668. group receives IFQ regulatory area 4B, (3) Complete annual report. A complete 4C, or 4D halibut IFQ by transfer. The annual report contains all general re- complete report must be submitted to port requirements described in para- the North Pacific Fishery Management graphs (v)(4)(i) through (iv) of this sec- Council, 605 West 4th Ave., Suite 306, tion, and all information specific to Anchorage, AK 99501–2252, and to IFQ regulatory areas 2C and 3A de- NMFS-Alaska Regional Administrator, scribed in paragraphs (v)(5)(i) through P.O. Box 21668, Juneau, AK, 99802–1668. (iii) of this section. (3) Complete report. A complete report (4) General report requirements. The contains all report requirements de- RQE must annually report the fol- scribed in paragraphs (w)(4)(i) through lowing information: (w)(4)(iii) of this section. (i) Any changes to the bylaws, board (4) Report requirements. A CDQ group of directors, or other key management must report the following information: personnel of the RQE from the pre- (i) The annual amount, IFQ regu- ceding year; latory area, and vessel category of IFQ (ii) Amount and description of annual regulatory area 4B, 4C, and 4D halibut administrative expenses; IFQ transferred to the CDQ group; (iii) Amount and description of funds (ii) The criteria used to select IFQ spent on conservation and research, in- holders to transfer IFQ regulatory area

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4B, 4C, and 4D halibut IFQ to the CDQ (iv) Experimental design (e.g., sam- group; and pling procedures, the data and samples (iii) The criteria used to determine to be collected, and analysis of the the person(s) eligible to harvest IFQ data and samples). regulatory area 4B, 4C, and 4D halibut (v) Provision for public release of all IFQ received by transfer. obtained information, and submission of interim and final reports. [61 FR 31230, June 19, 1996] (5) The willingness of the applicant EDITORIAL NOTE: For FEDERAL REGISTER ci- to carry observers, if required by the tations affecting § 679.5, see the List of CFR Regional Administrator, and a descrip- Sections Affected, which appears in the tion of accommodations and work Finding Aids section of the printed volume space for the observer(s). and at www.govinfo.gov. (6) Details for all coordinating par- § 679.6 Exempted fisheries. ties engaged in the experiment and sig- natures of all representatives of all (a) General. For limited experimental principal parties. purposes, the Regional Administrator (7) Information about each vessel to may authorize, after consulting with be covered by the exempted fishing per- the Council, fishing for groundfish or mit, including: fishing for Arctic fish in the Arctic (i) Vessel name. Management Area in a manner that (ii) Name, address, and telephone would otherwise be prohibited. No ex- number of owner and master. empted fishing may be conducted un- (iii) USCG documentation, state li- less authorized by an exempted fishing cense, or registration number. permit issued by the Regional Adminis- (iv) Home port. trator to the participating vessel (v) Length of vessel. owner in accordance with the criteria (vi) Net tonnage. and procedures specified in this sec- (vii) Gross tonnage. tion. Exempted fishing permits will be (8) The signature of the applicant. issued without charge and will expire (9) The Regional Administrator may at the end of a calendar year unless request from an applicant additional otherwise provided for under paragraph information necessary to make the de- (e) of this section. terminations required under this sec- (b) Application. An applicant for an tion. Any application that does not in- exempted fishing permit shall submit clude all necessary information will be to the Regional Administrator, at least considered incomplete. An incomplete 60 days before the desired effective date application will not be considered to be of the exempted fishing permit, a writ- complete until the necessary informa- ten application including, but not lim- tion is provided in writing. An appli- ited to, the following information: cant for an exempted fishing permit (1) The date of the application. need not be the owner or operator of (2) The applicant’s name, mailing ad- the vessel(s) for which the exempted dress, and telephone number. fishing permit is requested. (3) A statement of the purpose and (c) Review procedures. (1) The Re- goal of the experiment for which an ex- gional Administrator, in consultation empted fishing permit is needed, in- with the Alaska Fishery Science Cen- cluding a general description of the ar- ter, will review each application and rangements for disposition of all spe- will make a preliminary determination cies harvested under the exempted fish- whether the application contains all ing permit. the information necessary to deter- (4) Technical details about the exper- mine if the proposal constitutes a valid iment, including: fishing experiment appropriate for fur- (i) Amounts of each species to be har- ther consideration. If the Regional Ad- vested that are necessary to conduct ministrator finds any application does the experiment, and arrangement for not warrant further consideration, the disposition of all species taken. applicant will be notified in writing of (ii) Area and timing of the experi- the reasons for the decision. ment. (2) If the Regional Administrator de- (iii) Vessel and gear to be used. termines any application is complete

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and warrants further consideration, he application, unless a permit is denied or she will initiate consultation with because exempted fishing would det- the Council by forwarding the applica- rimentally affect marine resources, be tion to the Council. The Council’s Ex- inconsistent with the management ob- ecutive Director shall notify the appli- jectives of the FMP, create significant cant of a meeting at which the Council enforcement problems, or have eco- will consider the application and invite nomic allocation as its sole purpose. the applicant to appear in support of (e) Terms and conditions. The Regional the application, if the applicant de- Administrator may attach terms and sires. If the Regional Administrator conditions to the exempted fishing per- initiates consultation with the Coun- mit that are consistent with the pur- cil, NMFS will publish notification of pose of the experiment, including, but receipt of the application in the FED- not limited to: ERAL REGISTER with a brief description of the proposal. (1) The maximum amount of each (d) Notifying the applicant. (1) The de- species that can be harvested and land- cision of the Regional Administrator, ed during the term of the exempted after consulting with the Council, to fishing permit, including trip limita- grant or deny an exempted fishing per- tions, where appropriate. mit is the final action of the agency. (2) The number, sizes, names, and The Regional Administrator shall no- identification numbers of the vessels tify the applicant in writing of the de- authorized to conduct fishing activities cision to grant or deny the exempted under the exempted fishing permit. fishing permit and, if denied, the rea- (3) The time(s) and place(s) where ex- sons for the denial, including: empted fishing may be conducted. (i) The applicant has failed to dis- (4) The type, size, and amount of gear close material information required, or that may be used by each vessel oper- has made false statements as to any ated under the exempted fishing per- material fact, in connection with the mit. application. (5) The condition that observers be (ii) According to the best scientific carried aboard vessels operated under information available, the harvest to be conducted under the permit would an exempted fishing permit. detrimentally affect living marine re- (6) Reasonable data reporting re- sources, including marine mammals quirements. and birds, and their habitat in a sig- (7) Such other conditions as may be nificant way. necessary to assure compliance with (iii) Activities to be conducted under the purposes of the exempted fishing the exempted fishing permit would be permit and consistency with the FMP inconsistent with the intent of this objectives. section or the management objectives (8) Provisions for public release of of the FMP. data obtained under the exempted fish- (iv) The applicant has failed to dem- ing permit. onstrate a valid justification for the (f) Effectiveness. Unless otherwise permit. specified in the exempted fishing per- (v) The activity proposed under the mit or superseding notification or reg- exempted fishing permit could create a ulation, an exempted fishing permit is significant enforcement problem. effective for no longer than 1 calendar (vi) The applicant failed to make year, but may be revoked, suspended, available to the public information or modified during the calendar year. that had been obtained under a pre- viously issued exempted fishing per- Exempted fishing permits may be re- mit. newed following the application proce- (vii) The proposed activity had eco- dures in paragraph (b) of this section. nomic allocation as its sole purpose. (g) Recordkeeping and reporting re- (2) In the event a permit is denied on quirements. In addition to the record- the basis of incomplete information or keeping and reporting requirements in design flaws, the applicant will be pro- this section, the operator or manager vided an opportunity to resubmit the

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must comply with requirements at management measures published in the § 679.5(a) through (k). FEDERAL REGISTER pursuant to § 300.62 of this title. [61 FR 31230, June 19, 1996, as amended at 64 FR 61981, Nov. 15, 1999; 67 FR 4148, Jan. 28, (ii) Deployment of pot gear by opera- 2002; 67 FR 22017, May 2, 2002; 74 FR 56745, tors of vessels fishing for crab during Nov. 3, 2009] seasons governed by the State of Alas- ka. § 679.7 Prohibitions. (iii) Deployment of jig gear by opera- In addition to the general prohibi- tors of vessels fishing for salmon dur- tions specified in § 600.725 of this chap- ing seasons governed by the State of ter, it is unlawful for any person to do Alaska. any of the following: (7) Inshore/offshore. (i) Operate a ves- (a) Groundfish of the GOA and BSAI— sel in the ‘‘inshore component in the (1) Federal Fisheries Permit (FFP). (i) GOA’’ as defined in § 679.2 without a Fish for groundfish in the BSAI or GOA valid Inshore Processing endorsement with a vessel of the United States that on the vessel’s FFP or FPP. does not have on board a legible copy (ii) Operate a vessel as a ‘‘stationary of a valid FFP issued under § 679.4. floating processor’’ in the ‘‘inshore (ii) Conduct directed fishing for Atka component in the GOA’’ as defined in mackerel, Pacific cod, or pollock with § 679.2, and as a catcher/processor in the pot, hook-and-line, or trawl gear from BSAI during the same fishing year. a vessel of the United States that does (iii) Operate a vessel as a ‘‘stationary not have on board a legible copy of a floating processor’’ in the ‘‘inshore valid FFP issued under § 679.4 and en- component in the GOA’’ as defined in dorsed for Atka mackerel, Pacific cod, § 679.2, and as an AFA mothership in or pollock under § 679.4(b). the BSAI during the same fishing year. (2) Conduct any fishing contrary to (iv) Operate any vessel in the GOA in notification of inseason action, closure, more than one of the three categories or adjustment issued under § 679.20, included in the definition of ‘‘inshore § 679.21, § 679.22, § 679.25. component in the GOA,’’ in §§ 679.2, dur- (3) Groundfish and Halibut Observer ing any fishing year. Program. (i) Fish or process groundfish (v) Operate any vessel in the GOA except in compliance with the terms of under both the ‘‘inshore component in the Groundfish and Halibut Observer the GOA’’ and the ‘‘offshore component Program as provided by subpart E of in the GOA’’ definitions in §§ 679.2 dur- this part. ing the same fishing year. (ii) Except where observer services (vi) Except as provided in paragraph are provided by a NMFS employee or (k)(3)(iv) of this section, use a sta- other individuals authorized by NMFS tionary floating processor with a GOA under § 679.51(c) or § 679.51(d)(1)(ii), de- inshore processing endorsement to ploy observers in the full observer cov- process pollock harvested in the GOA erage category at § 679.51(a)(2) and (b)(2) or Pacific cod harvested in the Eastern without an observer provider permit GOA in a directed fishery for those spe- issued under § 679.52(a). cies in more than one single geographic (4) Pollock roe. Retain pollock roe on location in the GOA during a fishing board a vessel in violation of § 679.20(g). year. (5) [Reserved] (vii) Operate a vessel in the ‘‘inshore (6) Gear. Deploy any trawl, longline, component of the GOA’’ as defined in longline pot, pot-and-line, or jig gear § 679.2 during a calendar year if that in an area when directed fishing for, or vessel is used to directed fish for Pa- retention of, all groundfish by opera- cific cod under the authority of a tors of vessels using that gear type is groundfish license with a Pacific cod prohibited in that area, except that endorsement in the regulatory area this paragraph (a)(6) shall not prohibit: listed in Table 49 to part 679. (i) Deployment of fixed gear, as de- (viii) Use a vessel operating under fined in § 679.2 under ‘‘Authorized fish- the authority of a groundfish license ing gear,’’ by an operator of a vessel with a Pacific cod endorsement to di- fishing for IFQ halibut during the fish- rected fish for Pacific cod in the East- ing period prescribed in the annual ern GOA apportioned to the inshore

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component of the GOA as specified (11) Buying station or tender vessel—(i) under § 679.20(a)(6) if that vessel has di- Tender vessel. Use a catcher vessel or rected fished for Pacific cod in the catcher/processor as a tender vessel be- Eastern GOA apportioned to the off- fore offloading all groundfish or shore component of the Eastern GOA groundfish product harvested or proc- during that calendar year. essed by that vessel. (ix) Use a vessel operating under the (ii) Associated processor. Function as a authority of a groundfish license with tender vessel or buying station without a Pacific cod endorsement to directed an associated processor. fish for Pacific cod in the Eastern GOA (12) Prohibited species donation pro- apportioned to the offshore component gram. Retain or possess prohibited spe- of the Eastern GOA as specified under cies, defined at § 679.21(a)(1), except as § 679.20(a)(6) if that vessel has directed permitted to do so under the PSD pro- fished for Pacific cod in the Eastern gram as provided by § 679.26, or as au- GOA apportioned to the inshore compo- thorized by other applicable law. nent of the GOA during that calendar (13) Halibut. With respect to halibut year. caught with fixed gear, as defined in (8) Fishing in Donut Hole. Except as § 679.2 under the definition of ‘‘Author- authorized by permit issued pursuant ized fishing gear,’’ deployed from a ves- to the section of the Donut Hole Con- sel fishing for groundfish, except for vention implementing legislation au- vessels fishing for halibut as prescribed thorizing NMFS to issue Donut Hole in the annual management measures fishing permits (Public Law 104–43, sec- published in the FEDERAL REGISTER tion 104(d)), it is unlawful for any per- pursuant to § 300.62 of this title: son to: (i) Fail to release the halibut out- (i) Fish in the Donut Hole from a ves- board a vessel’s rails. sel for which a Federal fisheries permit (ii) Release halibut caught with has been issued pursuant to § 679.4 dur- longline gear by any method other ing the year for which the permit was than— issued. (B) Positioning the gaff on the hook (ii) Possess within the EEZ fish har- and twisting the hook from the hal- vested from the Donut Hole on board a ibut. vessel for which a Federal fisheries per- mit has been issued pursuant to § 679.4 (C) Straightening the hook by using during the year for which the permit the gaff to catch the bend of the hook was issued. and bracing the gaff against the vessel (9) Authorized fishing gear. Retain or any gear attached to the vessel. groundfish taken with other than au- (iii) Puncture the halibut with a gaff thorized fishing gear as defined in or other device. § 679.2, except that groundfish inciden- (iv) Allow halibut caught with tally taken by pot gear by a vessel longline gear to contact the vessel, if while participating in an open crab sea- such contact causes, or is capable of son governed by the State of Alaska causing, the halibut to be stripped may be retained for use as unprocessed from the hook. bait on board that vessel. (14) Trawl gear performance standard— (10) Recordkeeping and reporting. (i) (i) BSAI. Use a vessel to participate in Fail to comply with or fail to ensure a directed fishery for pollock using compliance with requirements in trawl gear and have on board the ves- §§ 679.4 or 679.5. sel, at any particular time, 20 or more (ii) Alter, erase, mutilate, or forge crabs of any species that have a cara- any permit or document issued under pace width of more than 1.5 inches (38 §§ 679.4 or 679.5. mm) at the widest dimension. (iii) Fail to submit or submit inac- (ii) GOA. Use a vessel to participate curate information on, any report, ap- in a directed fishery for pollock using plication, or statement required under trawl gear when directed fishing for this part. pollock with nonpelagic trawl gear is (iv) Intentionally submit false infor- closed and have on board the vessel, at mation on any report, application, or any particular time, 20 or more crabs statement required under this part. of any species that have a carapace

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width of more than 1.5 inches (38 mm) without complying with the require- at the widest dimension. ments at § 679.28. (15) Federal processor permit (FPP). (i) (22) VMS for non-pelagic trawl and Receive, purchase or arrange for pur- dredge gear vessels in the GOA. Operate chase, discard, or process groundfish a federally permitted vessel in the GOA harvested in the GOA or BSAI by a with non-pelagic trawl or dredge gear shoreside processor or SFP and in the onboard without an operable VMS and Western and Central GOA regulatory without complying with the require- areas, including Federal reporting ments at § 679.28. areas 610, 620, and 630, that does not (b) Prohibitions specific to the GOA—(1) have on site a legible copy of a valid Southeast outside trawl closure. Use FPP issued pursuant to § 679.4(f). trawl gear in the GOA east of 140° W (ii) Receive, purchase or arrange for long. purchase, discard, or process ground- (2) Catcher vessel harvest limit for pol- fish harvested in the GOA by a CQE lock. (i) Retain more than 300,000 lb (136 floating processor that does not have mt) of unprocessed pollock on board a on site a legible copy of a valid FPP catcher vessel issued a FFP at any issued pursuant to § 679.4(f). time during a fishing trip as defined at (16) Retention of groundfish bycatch § 679.2; species. Exceed the maximum (ii) Land more than 300,000 lb (136 mt) retainable groundfish amount estab- of unprocessed pollock harvested in lished under § 679.20(e). any GOA reporting area from a catcher (17) Tender vessel. (i) Use a catcher vessel issued a FFP to any processor or vessel or catcher/processor as a tender tender vessel during a calendar day as vessel before offloading all groundfish defined at § 679.2; and or groundfish product harvested or (iii) Land a cumulative amount of processed by that vessel. unprocessed pollock harvested from (ii) Use a catcher vessel or catcher/ any GOA reporting area from a catcher processor to harvest groundfish while vessel issued a FFP during a directed operating as a tender vessel. fishery that exceeds the amount in (18) Pollock, Pacific Cod, and Atka paragraph (b)(2)(ii) of this section mul- Mackerel Directed Fishing and VMS. Op- tiplied by the number of calendar days erate a vessel in any Federal reporting that occur during the time period the area when a vessel is authorized under directed fishery is open in that report- § 679.4(b) to participate in the Atka ing area. mackerel, Pacific cod, or pollock di- (3) Tender vessel restrictions for pollock. rected fisheries and the vessel’s author- (i) Operate as a tender vessel east of ized species and gear type is open to di- 157°00′ W long. for pollock harvested in rected fishing, unless the vessel carries the GOA. an operable NMFS-approved Vessel (ii) Operate as a tender vessel west of Monitoring System (VMS) and com- 157°00′ W long. while retaining on board plies with the requirements in at any time more than 600,000 lb (272 § 679.28(f). mt) of unprocessed pollock. (19) Atka mackerel directed fishing in (4) Catcher vessel restrictions. (i) De- the Bering Sea reporting areas. Conduct liver Pacific cod harvested in the West- directed fishing for Atka mackerel in ern GOA or Central GOA regulatory the Bering Sea subarea and adjacent area including Federal reporting areas State waters with a vessel required to 610, 620, or 630, to a vessel for proc- be Federally permitted. essing in a GOA regulatory area other (20) Anchoring in a habitat protection than the area in which the harvest oc- area. Anchor any federally permitted curred. vessel in any habitat protection area (ii) Deliver Pacific cod harvested in described in Tables 22, 23, and 26 of this the Western GOA or Central GOA regu- part. latory area, including Federal report- (21) VMS on vessels in the Aleutian Is- ing areas 610, 620, or 630, to another lands subarea. Operate a federally per- vessel for processing unless the proc- mitted vessel in the Aleutian Islands essing vessel carries an operable subarea without an operable VMS and NMFS-approved Vessel Monitoring

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System that complies with the require- of this part for the Western GOA and ments in § 679.28(f). § 679.20(a)(12)(i)(B)(2) through (7) of this (iii) Deliver Pacific cod harvested in part for the Central GOA unless: the Western GOA or adjacent waters (i) That non-trawl vessel is des- parallel directed fishery to a vessel for ignated on both: processing in excess of the processing (A) An LLP license issued under limits established at § 679.20(a)(12)(iv) § 679.4(k) of this part, unless that vessel or (v), unless the processing vessel is using jig gear and exempt from the meets the definition of a stationary LLP license requirement under floating processor at § 679.2. § 679.4(k)(2)(iii) of this part. Each vessel (iv) Deliver Pacific cod harvested in required to have an LLP license must the Central GOA or adjacent waters be designated with the following en- parallel directed fishery in excess of dorsements: the processing limits established at (1) The GOA area designation adja- § 679.20(a)(12)(v), unless the processing cent to the parallel waters fishery vessel meets the definition of a sta- where the harvest occurred; and tionary floating processor at § 679.2. (2) A Pacific cod endorsement. (v) Deliver Pacific cod harvested in (B) An FFP issued under § 679.4(b) of the Central GOA or adjacent waters this part with the following endorse- parallel directed fishery to a vessel for ments: processing, unless that vessel is en- (1) The GOA area designation; dorsed as a CQE floating processor or (2) An operational type designation; stationary floating processor. (3) A gear type endorsement; and (vi) Eligible catcher/processor LLP (4) A Pacific cod gear type endorse- license holders electing to add a catch- ment. er vessel endorsement for the Western or Central GOA under § 679.4 (ii) Or, that trawl vessel is designated (k)(10)(vii)(B) and (C) of this part are on both: prohibited from catching and proc- (A) An LLP license issued under essing Pacific cod onboard a vessel § 679.4(k) of this part endorsed for trawl under the authority of that groundfish gear with the GOA area designation ad- license in the directed Pacific cod fish- jacent to the parallel waters fishery ery in Federal reporting areas 610, 620, where the harvest occurred, and or 630. (B) An FFP issued under § 679.4(b) of (5) Stationary floating processor restric- this part with the following endorse- tions. (i) Except as provided in para- ments: graph (k)(3)(iv) of this section, to use a (1) The GOA area designation; stationary floating processor to proc- (2) An operational type designation; ess Pacific cod at more than one single (3) A trawl gear type endorsement; geographic location in the GOA during and a fishing year if the Pacific cod was (4) A Pacific cod gear type endorse- harvested in a Western or Central GOA ment. directed fishery within Federal report- (7) Parallel fishery closures. Use a ves- ing areas 610, 620, or 630. sel designated or required to be des- (ii) Operate as a stationary floating ignated on an FFP to catch and retain processor in the GOA and as a catcher/ Pacific cod from waters adjacent to the processor in the GOA during the same GOA when Pacific cod caught by that calendar year. vessel is deducted from the Federal (iii) Operate as a stationary floating TAC specified under processor in the GOA and as a CQE § 679.20(a)(12)(i)(A)(2) through (6) of this floating processor or mothership in the part for the Western GOA and GOA during the same calendar year. § 679.20(a)(12)(i)(B)(2) through (7) of this (6) Parallel fisheries. Use a vessel des- part for the Central GOA if directed ignated or required to be designated on fishing for Pacific cod is not open. an FFP to directed fish for Pacific cod (8) Prohibitions specific to salmon dis- from waters adjacent to the GOA when card in the Western and Central Report- Pacific cod caught by that vessel is de- ing Areas of the GOA directed fisheries for ducted from the Federal TAC specified groundfish. Fail to comply with any re- under § 679.20(a)(12)(i)(A)(2) through (6) quirements of § 679.21(h).

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(9) Conduct directed fishing for flat- (ii) Use a vessel named or required to fish, as defined in § 679.2, with a vessel be named on an FFP, to catch and required to be federally permitted in process Pacific cod with hook-and-line the Central GOA Regulatory Area, as gear from waters adjacent to the BSAI defined in Figure 3 to this part, with- when Pacific cod caught by that vessel out meeting the requirements for is deducted from the Federal TAC spec- modified nonpelagic trawl gear speci- ified under § 679.20(a)(7)(ii)(A)(4) of this fied at § 679.24(f) and illustrated in Fig- part for hook-and-line gear, if the BSAI ures 25, 26, and 27 to this part. is open to directed fishing for Pacific (c) Prohibitions specific to BSAI. (1) cod but is not open to directed fishing For vessel owners and operators sub- for Pacific cod by a catcher/processor ject to § 679.100(a), to use the vessel as using hook-and-line gear. a catcher/processor to conduct directed (5) Conduct directed fishing for flat- fishing for Pacific cod with hook-and- fish as defined in § 679.2 with a vessel line gear in the BSAI or to conduct required to be federally permitted in groundfish CDQ fishing. any reporting area of the Bering Sea (2) Prohibited species. Conduct any subarea as described in Figure 1 to this fishing contrary to a notification part without meeting the requirements issued under § 679.21. for modified nonpelagic trawl gear (3) Parallel fisheries. Use a vessel specified in § 679.24(f). named or required to be named on an (6) For a shoreside processor des- FFP to catch and process Pacific cod ignated on an FPP, or a mothership from waters adjacent to the BSAI when designated on an FFP, that processes Pacific cod caught by that vessel is de- landings of either CDQ Pacific cod or ducted from the Federal TAC specified BSAI Pacific cod harvested by a vessel under § 679.20(a)(7)(ii)(A)(4) of this part using trawl gear to fail to submit a for hook-and-line gear or (a)(7)(ii)(A)(6) timely and complete Pacific Cod Ex- of this part for pot gear unless that vessel Volume and Value Report as re- vessel is designated on both: quired under § 679.5(u)(1). (i) An LLP license issued under (d) CDQ. (1) Participate in a Western § 679.4(k) of this part with the following Alaska CDQ program in violation of endorsements: this part. (A) A catcher/processor endorsement; (2) Fail to submit, submit inaccurate (B) A BSAI catcher/processor Pacific information on, or intentionally sub- cod hook-and-line, or a BSAI catcher/ mit false information on any report, processor Pacific cod pot endorsement; application, or statement required (C) An Aleutian Islands area endorse- under this part. ment or Bering Sea area endorsement; (3) For a CDQ group, exceed a CDQ or and a halibut PSQ. (D) A non-trawl endorsement; and (4) Catch Accounting—(i) General. (A) (ii) An FFP issued under § 679.4(b) of For the operator of a catcher/processor this part with the following endorse- using trawl gear or a mothership, to ments: harvest or take deliveries of CDQ or (A) A catcher/processor endorsement; PSQ species without a valid scale in- (B) A BSAI endorsement; and spection report signed by an authorized (C) A pot or hook-and-line gear type scale inspector under § 679.28(b)(2) on endorsement. board the vessel. (4) Parallel fishery closures. (i) Use a (B) For the operator of a vessel re- vessel named or required to be named quired to have an observer sampling on an FFP to catch and process Pacific station described at § 679.28(d), to har- cod with pot gear from waters adjacent vest or take deliveries of CDQ or PSQ to the BSAI when Pacific cod caught species without a valid observer sam- by that vessel is deducted from the pling station inspection report issued Federal TAC specified under by NMFS under § 679.28(d)(8) on board § 679.20(a)(7)(ii)(A)(6) of this part for pot the vessel. gear if the BSAI is open to directed (C) For the manager of a shoreside fishing for Pacific cod but is not open processor or stationary floating proc- to directed fishing for Pacific cod by a essor, or the manager or operator of a catcher/processor using pot gear. buying station or tender vessel that is

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required elsewhere in this part to red king crab PSQ or C. bairdi Tanner weigh catch on a scale approved by the crab PSQ in Zone 1 is attained. State of Alaska under § 679.28(c), to fail (B) Zone 2. For the operator of a ves- to weigh catch on a scale that meets sel, to use trawl gear to harvest the requirements of § 679.28(c). groundfish CDQ in Zone 2 after the (D) For the operator of a catcher/ CDQ group’s PSQ for C. bairdi Tanner processor or a catcher vessel required crab in Zone 2 is attained. to carry a level 2 observer, to combine (C) COBLZ. For the operator of a ves- catch from two or more CDQ groups in sel, to use trawl gear to harvest the same haul or set. groundfish CDQ in the C. opilio Bycatch (E) For the operator of a catcher ves- Limitation Zone after the CDQ group’s sel using trawl gear or any vessel less PSQ for C. opilio Tanner crab is at- than 60 ft (18.3 m) LOA that is ground- tained. fish CDQ fishing as defined at § 679.2, to (ii) Salmon—(A) Discard of salmon. For discard any groundfish CDQ species or any person, to discard salmon from a salmon PSQ before it is delivered to a catcher vessel, catcher/processor, processor, unless discard of the ground- mothership, shoreside processor, or fish CDQ is required under other provi- SFP or transfer or process any salmon sions or, in waters within the State of under the PSD Program at § 679.26, if Alaska, discard is required by laws of the salmon were taken incidental to a the State of Alaska. directed fishery for pollock CDQ in the Bering Sea, until the number of salmon (F) For the operator of a vessel using has been determined by an observer trawl gear, to release CDQ catch from and the collection of scientific data or the codend before it is brought on biological samples from the salmon has board the vessel and weighed on a scale been completed. approved by NMFS under § 679.28(b) or (B) Non-Chinook salmon. For the oper- delivered to a processor. This includes, ator of a vessel, to use trawl gear to but is not limited to, ‘‘codend dump- harvest pollock CDQ in the Chum ing’’ and ‘‘codend bleeding.’’ Salmon Savings Area between Sep- (G) For the operator of a catcher/ tember 1 and October 14 after the CDQ processor using trawl gear or a group’s non-Chinook salmon PSQ is at- mothership, to sort, process, or discard tained, unless the vessel is partici- CDQ or PSQ species before the total pating in an approved IPA under catch is weighed on a scale that meets § 679.21(f)(12). the requirements of § 679.28(b), includ- (C) Chinook salmon—(1) Overages of ing the daily test requirements de- Chinook salmon PSC allocations. For a scribed at § 679.28(b)(3). CDQ group, to exceed a Chinook salm- (H) For the operator of a vessel fish- on PSC allocation issued under ing on behalf of a CDQ group to retain § 679.21(f) as of June 25 for the A season more than the maximum retainable allocation and as of December 1 for the amount of pollock established under B season allocation. § 679.20(e) unless the pollock harvested (2) For the operator of a catcher ves- by that vessel accrues against a CDQ sel or catcher/processor, to start a new group’s pollock CDQ allocation. fishing trip for pollock CDQ in the BS (ii) Fixed gear sablefish. For any per- in the A season or in the B season, if son on a vessel using fixed gear that is the CDQ group for which the vessel is fishing for a CDQ group with an alloca- fishing has exceeded its Chinook salm- tion of fixed gear sablefish CDQ, to dis- on PSC allocation issued under card sablefish harvested with fixed gear § 679.21(f) for that season. unless retention of sablefish is not au- (3) For the operator of a catcher/proc- thorized under § 679.23(e)(4)(ii) or, in essor or mothership, to catch or proc- waters within the State of Alaska, dis- ess pollock CDQ in the BS without card is required by laws of the State of complying with the applicable require- Alaska. ments of § 679.28(j). (5) Prohibited species catch—(i) Crab— (4) For the operator of a catcher/proc- (A) Zone 1. For the operator of a vessel, essor or a mothership, to begin sorting to use trawl gear to harvest groundfish catch from a haul from a directed fish- CDQ in Zone 1 after the CDQ group’s ery for pollock CDQ in the BS before

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the observer has completed counting (f) IFQ fisheries. (1) Fail to submit, or the salmon and collecting scientific submit inaccurate information on, any data or biological samples from the report, application, or statement re- previous haul. quired under this part. (5) For the operator of a catcher ves- (2) Intentionally submit false infor- sel delivering pollock CDQ catch to a mation on any report, application, or shoreside processor or stationary float- statement required under this part. ing processor to: (3)(i) Halibut. (A) Retain halibut (i) Deliver pollock CDQ to a processor caught with fixed gear without a valid that does not have a catch monitoring IFQ permit, and if using a hired mas- and control plan approved under ter, without an IFQ hired master per- § 679.28(g). mit in the name of an individual (ii) Handle, sort, or discard catch aboard. without notifying the observer 15 min- (B) Retain halibut caught with fixed utes prior to handling, sorting, or dis- gear without a valid CDQ permit and carding catch as described in without a CDQ hired master permit in § 679.21(f)(15)(ii)(B)(2). the name of an individual aboard. (iii) Fail to secure catch after the (C) Use fixed gear to retain RFQ hal- completion of catch handling and the ibut. collection of scientific data and bio- (ii) Sablefish. Retain sablefish caught logical samples as described in with fixed gear without a valid IFQ § 679.21(f)(15)(ii)(B)(3). permit, and if using a hired master, (6) For the manager of a shoreside without an IFQ hired master permit in processor or stationary floating proc- the name of an individual aboard, un- essor, to begin sorting a pollock CDQ less fishing on behalf of a CDQ group. offload before the observer has com- (4) Except as provided in § 679.40(d), pleted the count of salmon and the col- retain IFQ or CDQ halibut or IFQ or lection of scientific data or biological CDQ sablefish on a vessel in excess of samples from the previous offload. the total amount of unharvested IFQ (6) For a CDQ group, exceed a sea- or CDQ, applicable to the vessel cat- sonal allowance of Pacific cod under egory and IFQ or CDQ regulatory § 679.20(a)(7)(i)(B). area(s) in which the vessel is deploying (7) For a CDQ group, exceed a sea- fixed gear, and that is currently held sonal allowance of Atka mackerel by all IFQ or CDQ permit holders under § 679.20(a)(8)(ii). aboard the vessel, unless the vessel has (8) Fail to submit a timely and com- an observer aboard under subpart E of plete CDQ cost recovery fee submission this part or the vessel participates in form and fee as required under § 679.33. the EM selection pool and complies (9) For an operator of a catcher ves- with the requirements at § 679.51(f), and sel greater than 32 ft (9.8 m) LOA and maintains the applicable daily fishing less than or equal to 46 ft (14.0 m) LOA log prescribed in the annual manage- using hook-and-line gear and that is ment measures published in the FED- registered by a CDQ group under ERAL REGISTER pursuant to § 300.62 of § 679.5(m), to conduct groundfish CDQ this title and § 679.5. fishing without a legible copy of the (5) Possess, buy, sell, or transport LLP exemption letter issued to a CDQ IFQ or CDQ halibut or IFQ sablefish group for that vessel on board the ves- harvested or landed in violation of any sel. provision of this part. (10) For a CDQ group representative, (6) Landing. (i) IFQ permit or IFQ to remove a vessel from the CDQ vessel hired master permit. Make an IFQ registration list under § 679.5(m)(4) landing without an IFQ permit or IFQ without first providing notice to the hired master permit, as appropriate, in operator of the registered vessel that the name of the individual making the the vessel is being removed from the landing. CDQ vessel registration list or when (ii) Hired master, CDQ. Make a CDQ the vessel operator is groundfish CDQ halibut landing without a CDQ hired fishing. master permit listing the name of the (e) [Reserved] hired master.

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(iii) Hired master, CDQ halibut. Make (9) Harvest on any vessel more IFQ a CDQ halibut landing without a CDQ halibut or IFQ sablefish than are au- hired master permit listing the name thorized under § 679.42. of the hired master. (10) Make an IFQ halibut, IFQ sable- (7) Possess on a vessel or land IFQ sa- fish, or CDQ halibut landing other than blefish concurrently with non-IFQ sa- directly to (or by) a registered buyer. blefish, except that CDQ sablefish may (11) Discard halibut or sablefish be possessed on a vessel and landed caught with fixed gear from any catch- concurrently with IFQ sablefish. er vessel when any IFQ permit holder (8) Discard: aboard holds unused halibut or sable- (i) In the GOA: fish IFQ for that vessel category and (A) Rockfish that are taken when the IFQ regulatory area in which the IFQ halibut or IFQ sablefish are on vessel is operating, unless: board unless rockfish are required to be (i) Discard of halibut is required as discarded under subpart B of this part. prescribed in the annual management (B) Pacific cod that are taken when measures published in the FEDERAL IFQ halibut or IFQ sablefish are on REGISTER pursuant to § 300.62 of chapter board unless Pacific cod are required to III of this title; be discarded under subpart B of this (ii) Discard of sablefish is required part, or Pacific cod are not authorized under § 679.20 or, in waters within the to be retained under subpart A of this State of Alaska, discard of sablefish is part. required under laws of the State of (ii) In the BSAI: Alaska; or (A) Rockfish that are taken when (iii) Discard of halibut or sablefish is IFQ halibut or IFQ sablefish are on required under other provisions. board unless rockfish are required to be (12) Commence an IFQ landing with- discarded under subpart B of this part. out a Prior Notice of Landing (PNOL), (B) Pacific cod that are taken when before the date and time stated on the IFQ halibut or IFQ sablefish are on PNOL, or more than 2 hours after the board according to the following table: date and time stated on the PNOL, ex- cept as provided in § 679.5(l)(1). If the vessel operator . . . Then . . . (13) [Reserved] (14) Violate any other provision (1) has an LLP groundfish Pacific cod must not be dis- license with a Pacific cod carded unless Pacific cod are under this part. endorsement that meets required to be discarded (15) Hire a master to fish for IFQ hal- the requirements of under subpart B of this part, ibut or IFQ sablefish that is derived § 679.4(k)(9). or Pacific cod are not author- ized to be retained under from QS held by a CQE. subpart A of this part. (16) Process IFQ halibut or IFQ sable- (2) does not have an LLP Pacific cod must not be dis- fish onboard a vessel on which a person groundfish license with a carded up to the retainable is using IFQ derived from QS held by a Pacific cod endorsement amount specified in Table 11 that meets the require- of this part unless Pacific cod CQE. ments of § 679.4(k)(9). are required to be discarded (17) Deploy, conduct fishing with, or under subpart B of this part, retrieve longline pot gear in the GOA or Pacific cod are not author- ized to be retained under before the start or after the end of the subpart A of this part. IFQ sablefish fishing period specified in § 679.23(g)(1). (iii) In the waters within the State of (18) Deploy, conduct fishing with, re- Alaska: trieve, or retain IFQ sablefish or IFQ (A) Rockfish that are taken when halibut from longline pot gear in the IFQ halibut or IFQ sablefish are on GOA: board unless rockfish are required to be (i) In excess of the pot limits speci- discarded by the laws of the State of fied in § 679.42(l)(5)(ii); or Alaska. (ii) Without a pot tag attached to (B) Pacific cod that are taken when each pot in accordance with IFQ halibut or IFQ sablefish are on § 679.42(l)(4). board unless Pacific cod are required to (19) Deploy, conduct fishing with, or be discarded by the laws of the State of retain IFQ sablefish or IFQ halibut in Alaska. the GOA from a pot with an attached

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pot tag that has a serial number as- pers, or personal effects without the signed to another vessel or has been re- express consent of the observer. ported lost, stolen, or mutilated to (4) Prohibit or bar by command, im- NMFS in a request for a replacement pediment, threat, coercion, or by re- pot tag as described in § 679.42(l)(3)(iii). fusal of reasonable assistance, an ob- (20) Deploy longline pot gear to fish server from collecting samples, con- IFQ sablefish in the GOA without ducting product recovery rate deter- marking the gear in accordance with minations, making observations, or § 679.24(a). otherwise performing the observer’s (21) Fail to retrieve and remove from duties. the fishing grounds all deployed (5) Harass an observer by conduct longline pot gear that is assigned to, that has sexual connotations, has the and used by, a catcher vessel to fish purpose or effect of interfering with IFQ sablefish in the Southeast Outside the observer’s work performance, or District of the GOA when the vessel otherwise creates an intimidating, hos- makes an IFQ landing. tile, or offensive environment. In de- (22) Fail to redeploy or remove from termining whether conduct constitutes the fishing grounds all deployed harassment, the totality of the cir- longline pot gear that is assigned to, cumstances, including the nature of and used by, a catcher/processor within the conduct and the context in which it occurred, will be considered. The deter- five days of deploying the gear to fish mination of the legality of a particular IFQ sablefish in the Southeast Outside action will be made from the facts on a District of the GOA. case-by-case basis. (23) Fail to redeploy or remove from (6) Fish for or process fish without the fishing grounds all deployed observer coverage required under sub- longline pot gear that is assigned to, part E of this part. and used by, a catcher vessel or a (7) Embark on a fishing trip to di- catcher/processor within five days of rected fish for groundfish or to fish for deploying the gear to fish IFQ sablefish halibut with hook-and-line gear with- in the West Yakutat District of the out carrying an observer if the fishing GOA and the Central GOA regulatory trip is selected for observer coverage area. per § 679.51(a)(1)(ii)(C)(2), or the vessel (24) Fail to redeploy or remove from is selected for observer coverage per the fishing grounds all deployed § 679.51(a)(1)(ii)(D). longline pot gear that is assigned to, (8) Require, pressure, coerce, or and used by, a catcher vessel or a threaten an observer to perform duties catcher/processor within seven days of normally performed by crew members, deploying the gear to fish IFQ sablefish including, but not limited to, cooking, in the Western GOA regulatory area. washing dishes, standing watch, vessel (25) Operate a catcher vessel or a maintenance, assisting with the set- catcher/processor using longline pot ting or retrieval of gear, or any duties gear to fish IFQ sablefish or IFQ hal- associated with the processing of fish, ibut in the GOA and fail to use func- from sorting the catch to the storage tioning VMS equipment as required in of the finished product. § 679.42(k)(2). (h) Salmon fisheries. (1) Engage in (g) North Pacific Observer Program— commercial fishing for salmon using Observers. (1) Forcibly assault, resist, any gear except troll gear, defined at oppose, impede, intimidate, sexually § 679.2, in the East Area of the Salmon harass, bribe, or interfere with an ob- Management Area, defined at § 679.2 server. and Figure 23 to this part. (2) Interfere with or bias the sam- (2) Engage in commercial fishing for pling procedure employed by an ob- salmon in the West Area of the Salmon server, including physical, mechanical, Management Area, defined at § 679.2 or other sorting or discarding of catch and Figure 23 to this part. before sampling. (i) License Limitation Program—(1) (3) Tamper with, destroy, or discard Number of licenses. (i) Hold more than 10 an observer’s collected samples, equip- groundfish licenses in the name of that ment, records, photographic film, pa- person at any time, except as provided

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in paragraphs (i)(1)(iii) and (i)(1)(v) of subarea pursuant to an LLP license this section; that specifies an exemption from the (ii) Hold more than five crab species MLOA on the LLP license. licenses in the name of that person at (7) Lease a groundfish, crab species, any time, except as provided in para- or scallop license; or graph (i)(1)(iii) of this section; or (8) Catch and retain scallops: (iii) Hold more licenses than allowed (i) Without a copy of a valid scallop in paragraphs (i)(1)(i) and (i)(1)(ii) of license on board; this section unless those licenses were (ii) Using a vessel with a MLOA issued to that person in the initial dis- greater than that specified on the scal- tribution of licenses. Any person who lop license; or receives in the initial distribution (iii) Using dredge gear contrary to a more licenses than allowed in para- gear limitation specified on the scallop graphs (i)(1)(i) and (i)(1)(ii) of this sec- license. tion shall have no transfer applications (9) Use a vessel to fish for LLP for receipt of additional licenses ap- groundfish or crab species, or allow a proved until the number of licenses in vessel to be used to fish for LLP the name of that person is less than groundfish or crab species, other than the numbers specified in paragraphs the vessel named on the license that (i)(1)(i) and (i)(1)(ii) of this section; fur- authorizes fishing for LLP groundfish thermore, when a person becomes eligi- or crab species. ble to receive licenses by transfer (10) Operate a vessel under the au- through the provisions of this para- thority of an LLP license issued to a graph, that person is subject to the CQE to directed fish for Pacific cod in provisions in paragraphs (i)(1)(i) and the GOA if the person specified for that (i)(1)(ii) of this section; groundfish license in the annual CQE (iv) Hold more than two scallop li- authorization letter, or any subsequent censes in the name of that person at amendment to that authorization let- any time. ter, is not onboard the vessel. (v) The CQE representing the City of (11) Prohibitions specific to the BSAI Sand Point may not hold more than 14 Trawl Limited Access Sector yellowfin sole groundfish licenses. directed fishery. Deliver yellowfin sole (2) Conduct directed fishing for li- harvested with trawl gear in the BSAI cense limitation groundfish without a Trawl Limited Access Sector yellowfin legible copy of a valid groundfish li- sole directed fishery to a mothership cense, except as provided in without a legible copy of a valid § 679.4(k)(2); groundfish LLP license with a BSAI (3) Conduct directed fishing for LLP Trawl Limited Access Sector yellowfin crab species without a legible copy of a sole directed fishery endorsement, ex- valid crab license, except as provided cept as provided in § 679.4(k)(2). in § 679.4(k)(2); (j) North Pacific Observer Program— (4) Process license limitation ground- EM Systems. (1) Fish without an EM fish on board a vessel without a legible system when a vessel is required to copy of a valid groundfish license with carry an EM system under § 679.51(f). a catcher/processor designation; (2) Fish with an EM system without a (5) Process LLP crab species on board copy of a valid NMFS-approved VMP a vessel without a legible copy of a on board when directed fishing in a valid crab species LLP license with a fishery subject to EM coverage. catcher/processor designation; (3) Fail to comply with a NMFS-ap- (6) Use a vessel to fish for LLP proved VMP. groundfish or crab species, or allow a (4) Fail to conduct a function test vessel to be used to fish for LLP prior to departing port on a fishing trip groundfish or crab species, that has an as required at § 679.51(f)(5)(vi)(A). LOA that exceeds the MLOA specified (5) Depart on a fishing trip selected on the license that authorizes fishing for EM coverage without a functional for LLP groundfish or crab species, ex- EM system, unless procedures at cept if the person is using the vessel to § 679.51(f)(5)(vi)(A)(1) and fish for LLP groundfish in the Bering § 679.51(f)(5)(vi)(A)(2) have been fol- Sea subarea or the Aleutian Islands lowed.

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(6) Fail to follow procedures at ed AFA catcher/processor permit to § 679.51(f)(5)(vi)(B) prior to each set on a process any pollock harvested in a di- fishing trip selected for EM coverage. rected pollock fishery in the GOA and (7) Fail to make the EM system, as- any groundfish harvested in Statistical sociated equipment, logbooks, and Area 630 of the GOA. other records available for inspection (B) Use a listed AFA catcher/proc- upon request by NMFS, OLE, or other essor or a catcher/processor designated NMFS-authorized officer. on a listed AFA catcher/processor per- (8) Fail to submit a video data stor- mit as a stationary floating processor age device as specified under for Pacific cod in the GOA and a catch- § 679.51(f)(5)(vii). er/processor in the GOA during the (9) Tamper with, bias, disconnect, same year. damage, destroy, alter, or in any other (v) Directed fishing after a sideboard way distort, render useless, inoper- closure. Use a listed AFA catcher/proc- ative, ineffective, or inaccurate any essor or a catcher/processor designated component of the EM system, associ- on a listed AFA catcher/processor per- ated equipment, or data recorded by mit to engage in directed fishing for a the EM system when the vessel is di- groundfish species or species group in rected fishing in a fishery subject to the BSAI after the Regional Adminis- EM coverage, unless the vessel oper- trator has issued an AFA catcher/proc- ator is directed to make changes to the essor sideboard directed fishing closure EM system by NMFS, the EM service for that groundfish species or species provider, or as directed in the trouble- group under §§ 679.20(d)(1)(iv), shooting guide of the VMP. 679.21(b)(4)(iii), or 679.21(e)(3)(v). (10) Assault, impede, intimidate, har- (vi) Catch weighing—(A) Listed AFA ass, sexually harass, bribe, or interfere catcher/processors and catcher/processors with an EM service provider. designated on listed AFA catcher/proc- (11) Interfere or bias the sampling essor permits. Process any groundfish procedure employed in the EM selec- that was not weighed on a NMFS-ap- tion pool, including either mechani- proved scale that complies with the re- cally or manually sorting or discarding quirements of § 679.28(b). Catch may not catch outside of the camera view or in- be sorted before it is weighed and each consistent with the NMFS-approved haul must be sampled by an observer VMP. for species composition. (12) Fail to meet vessel owner and op- (B) Unlisted AFA catcher/processors erator responsibilities specified at and catcher/processors designated on un- § 679.51(f)(5). listed AFA catcher/processor permits. (k) Prohibitions specific to the AFA. It Process groundfish harvested in the is unlawful for any person to do any of BSAI pollock fishery that was not the following: weighed on a NMFS-approved scale (1) Catcher/processors—(i) Permit re- that complies with the requirements of quirement. Use a catcher/processor to § 679.28(b). Catch may not be sorted be- engage in directed fishing for non-CDQ fore it is weighed and each haul must BSAI pollock without a valid AFA be sampled by an observer for species catcher/processor permit on board the composition. vessel. (vii) Observer sampling station—(A) (ii) Fishing in the GOA. Use a listed Listed AFA catcher/processors and catch- AFA catcher/processor or a catcher/ er/processors designated on listed AFA processor designated on a listed AFA catcher/processor permits. Process any catcher/processor permit to harvest groundfish without an observer sam- any species of fish in the GOA. pling station as described at § 679.28(d). (iii) Processing BSAI crab. Use a listed A valid observer sampling station in- AFA catcher/processor or a catcher/ spection report must be on board at all processor designated on a listed AFA times when an observer sampling sta- catcher/processor permit to process tion is required. any crab species harvested in the BSAI. (B) Unlisted AFA catcher/processors (iv) Processing GOA groundfish. (A) and catcher/processors designated on un- Use a listed AFA catcher/processor or a listed AFA catcher/processor permits. catcher/processor designated on a list- Process groundfish harvested in the

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BSAI pollock fishery without an ob- lock harvested in the BS directed pol- server sampling station as described at lock fishery during a fishing year. § 679.28(d). A valid observer sampling (B) Stationary floating processor (SFP). station inspection report must be on A geographic position within State of board at all times when an observer Alaska waters of the BS subarea and sampling station is required. that is within a 5 nm radius of the lati- (2) Motherships—(i) Permit requirement. tude and longitude reported in the Use a mothership to process pollock check-in and check-out reports at harvested in a non-CDQ directed fish- § 679.5(h)(5)(ix)(B). An AFA SFP cannot ery for pollock in the BSAI without a change its single geographic location valid AFA permit on board the more than four times within State of mothership. Alaska waters in the BS subarea to (ii) Processing GOA groundfish. Use an process pollock harvested in a BS sub- AFA mothership as a stationary float- area directed pollock fishery during a ing processor for Pacific cod in the fishing year and cannot use more than GOA and a mothership in the GOA dur- one single geographic location during a ing the same year. reporting week. (iii) Catch weighing. Process any (v) Catch weighing. Process any groundfish that was not weighed on a groundfish that was not weighed on a NMFS-approved scale that complies scale approved by the State of Alaska with the requirements of § 679.28(b). and meeting the requirements specified Catch may not be sorted before it is in § 679.28(c). weighed and each delivery must be (vi) Catch monitoring and control plan sampled by an observer for species (CMCP). (A) Take deliveries or process composition. groundfish delivered by a vessel en- (iv) Observer sampling station. Process gaged in directed fishing for BSAI pol- any groundfish without an observer lock without following an approved sampling station as described at CMCP as described at § 679.28(g). A copy § 679.28(d). A valid observer sampling of the CMCP must be maintained on station inspection report must be on the premises and made available to au- board at all times when an observer thorized officers or NMFS-authorized sampling station is required. personnel upon request. (3) AFA inshore processors—(i) Permit (B) Allow sorting of fish at any loca- requirement. Use a shoreside processor tion in the processing plant other than or stationary floating processor to those identified in the CMCP under process pollock harvested in a non-CDQ § 678.28(g)(7). directed fishery for pollock in the BS (C) Allow salmon of any species to without a valid AFA inshore processor pass beyond the last point where sort- permit at the facility or on board ves- ing of fish occurs, as identified in the sel. scale drawing of the processing plant in (ii) Cooperative processing endorsement. the approved CMCP. Use a shoreside processor or stationary (vii) Restrictions for GOA Pacific cod floating processor required to have an and GOA pollock. Use an AFA SFP to AFA inshore processor permit to proc- process GOA pollock or GOA Pacific ess groundfish harvested by a fishery cod in any location other than the lo- cooperative formed under § 679.62 unless cation at which either GOA pollock or the AFA inshore processor permit con- GOA Pacific cod were first processed by tains a valid cooperative pollock proc- that SFP in the year 2002. essing endorsement. (4) Catcher vessels—(i) Permit require- (iii) [Reserved] ment. Use a catcher vessel to engage in (iv) Single geographic location require- directed fishing for non-CDQ BS pol- ment. Use an AFA inshore processor to lock for delivery to any AFA proc- process pollock harvested in the BS di- essing sector (catcher/processor, rected pollock fishery at a location mothership, or inshore) unless the ves- other than the single geographic loca- sel has a valid AFA catcher vessel per- tion defined as follows: mit on board that includes an endorse- (A) Shoreside processors. The physical ment for the sector of the BS pollock location at which the land-based shore- fishery in which the vessel is partici- side processor first processed BS pol- pating.

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(ii) [Reserved] and severally liable for exceeding the (iii) Groundfish sideboard closures. Use excessive processing share limit. an AFA catcher vessel to engage in di- (8) Salmon PSC—(i) Discard of salmon. rected fishing for a groundfish species For any person, to discard any salmon or species group in the BSAI or GOA from a catcher vessel, catcher/proc- after the Regional Administrator has essor, mothership, or inshore proc- issued an AFA catcher vessel sideboard essor, or transfer or process any salm- directed fishing closure for that on under the PSD Program at § 679.26, if groundfish species or species group the salmon were taken incidental to a under §§ 679.20(d)(1)(iv), 679.21(b)(4)(iii), directed fishery for pollock in the BS or 679.21(e)(3)(iv), if the vessel’s AFA before the number of salmon has been permit does not contain a sideboard ex- determined by an observer and the col- emption for that groundfish species or lection of scientific data or biological species group. samples from the salmon has been (5) AFA inshore fishery cooperatives— completed. (i) Overages by vessel. Use an AFA (ii) Catcher/processors and motherships. catcher vessel listed on an AFA inshore For the operator of a catcher/processor cooperative fishing permit, or under or a mothership, to begin sorting catch contract to a fishery cooperative under from a haul from a directed fishery for § 679.62(c), to harvest non-CDQ BS pol- pollock in the BS before the observer lock in excess of the fishery coopera- has completed counting the salmon and tive’s annual allocation of pollock collecting scientific data or biological specified under § 679.62. samples from the previous haul. (ii) Overages by fishery cooperative. An (iii) Shoreside processors and stationary inshore pollock fishery cooperative is floating processors. For the manager of a prohibited from exceeding its annual shoreside processor or stationary float- allocation of BS pollock TAC. ing processor to begin sorting a new BS (6) Excessive harvesting shares. It is pollock offload before the observer has unlawful for an AFA entity or a CDQ completed the count of salmon and the group to harvest, through a fishery co- collection of scientific data or biologi- operative or otherwise, an amount of cal samples from the previous offload. BS pollock that exceeds the 17.5 per- (iv) Catcher vessels. (A) For the oper- cent excessive share limit specified ator of a catcher vessel, to handle, under § 679.20(a)(5)(i)(A)(6). A CDQ sort, or discard catch without noti- group’s harvest of BS pollock will be fying the observer 15 minutes prior to calculated through its proportional handling, sorting, or discarding catch ownership of individuals, corporations, as described in § 679.21(f)(15)(ii)(B)(2). or other business concerns that harvest (B) For the operator of a catcher ves- BS pollock. The owners and operators sel to fail to secure catch after the of the individual vessels comprising completion of catch handling and the the AFA entity or CDQ group that har- collection of scientific data and bio- vest BS pollock will be held jointly and logical samples as described in severally liable for exceeding the ex- § 679.21(f)(15)(ii)(B)(3). cessive harvesting share limit. (v) Overages of Chinook salmon PSC al- (7) Excessive processing shares. It is un- locations—(A) For an inshore coopera- lawful for an AFA entity or a CDQ tive, the entity representing the AFA group to process an amount of BS pol- catcher/processor sector, or the entity lock that exceeds the 30-percent exces- representing the AFA mothership sec- sive share limit specified under tor, to exceed a Chinook salmon PSC § 679.20(a)(5)(i)(A)(7). The amount of BS allocation issued under § 679.21(f) as of pollock processed by a CDQ group will June 25 for the A season allocation and be calculated through its proportional as of December 1 for the B season allo- ownership of individuals, corporations, cation. or other business concerns that process (B) For a catcher vessel or catcher/ BS pollock. The owners and operators processor, to start a fishing trip for of the individual processors comprising pollock in the BS in the A season or in the AFA entity or CDQ group that the B season if the vessel is fishing process BS pollock will be held jointly under a transferable Chinook salmon

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PSC allocation issued to an inshore co- (iii) Take deliveries of pollock har- operative, the entity representing the vested in the AI directed pollock fish- AFA catcher/processor sector, or the ery or process pollock harvested in the entity representing the AFA AI pollock fishery without following an mothership sector under § 679.21(f) and approved CMCP as described in the inshore cooperative or entity has § 679.28(g). A copy of the CMCP must be exceeded its Chinook salmon PSC allo- maintained on the premises and made cation for that season. available to authorized officers or (9) Fail to submit a timely and com- NMFS-authorized personnel upon re- plete AFA cost recovery fee submission quest. form and fee as required under § 679.66. (4) Catcher vessels. (i) Use a catcher (l) Prohibitions specific to the AI di- vessel to harvest pollock in the AI di- rected pollock fishery—(1) Catcher/proc- rected pollock fishery without a copy essors. (i) Use a catcher/processor vessel of NMFS’ approval letter on board pur- to harvest pollock in the AI directed suant to § 679.4(m). pollock fishery or process pollock har- (ii) Have on board at any one time vested in the AI directed pollock fish- pollock harvested in the AI directed ery without a copy of NMFS’ approval pollock fishery and pollock harvested letter on board pursuant to § 679.4(m). from either the Bering Sea subarea or (ii) Process any pollock harvested in the Gulf of Alaska. the AI directed pollock fishery without (iii) Use a catcher vessel to deliver complying with catch weighing and ob- pollock harvested in the AI directed server sampling station requirements pollock fishery: set forth at paragraphs (k)(1)(vi) and (A) To a shoreside or stationary (k)(1)(vii) of this section, respectively. floating processor that does not have (iii) Use a catcher/processor to har- an approved CMCP pursuant to vest pollock in the AI directed pollock § 679.28(g) and is not approved by NMFS fishery or process pollock harvested in to process pollock harvested in the AI the AI directed pollock fishery without directed pollock fishery, or a valid AFA catcher/processor permit (B) To a catcher/processor or on board the vessel. mothership that is not approved by (2) Motherships. (i) Use a mothership NMFS to process pollock harvested in to process pollock harvested in the AI the AI directed pollock fishery. directed pollock fishery without a copy (iv) Use a catcher vessel greater than of NMFS’ approval letter on board pur- 60 ft (18.3 m) LOA to harvest pollock in suant to § 679.4(m). the AI directed pollock fishery unless (ii) Process any pollock harvested in the vessel has a valid AFA catcher ves- the AI directed pollock fishery without sel permit on board. complying with catch weighing and ob- (5) AI directed pollock fishery overages. server sampling station requirements (i) Use a catcher vessel selected by the set forth at paragraphs (k)(2)(iii) and Aleut Corporation and approved by (k)(2)(iv) of this section, respectively. NMFS to participate in the AI directed (iii) Use a mothership to process pol- pollock fishery under § 679.4(m) to har- lock harvested in the AI directed pol- vest pollock in the AI directed pollock lock fishery without a valid AFA fishery in excess of the Aleut Corpora- mothership permit on board the vessel. tion’s annual or seasonal allocations of (3) Shoreside and stationary floating pollock or in excess of the vessel allo- processors. (i) Use a shoreside proc- cation specified under § 679.20(a)(5)(iii). essor or stationary floating processor (ii) The Aleut Corporation is prohib- to process pollock harvested in the in ited from exceeding its annual and sea- AI directed pollock fishery without a sonal allocations of AI pollock TAC or copy of NMFS’ approval letter on loca- from exceeding the allocation to ves- tion pursuant to § 679.4(m). sels, as specified in § 679.20(a)(5)(iii). (ii) Process any pollock harvested in (6) Fail to submit a timely and com- the AI directed pollock fishery without plete Aleutian Islands pollock cost re- complying with catch weighing re- covery fee submission form and fee as quirements set forth at paragraph required under § 679.67. (k)(3)(v) of this section. (m) [Reserved]

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(n) Rockfish Program—(1) General. (i) area off Alaska from July 1 until July Use an LLP license assigned to a rock- 31. fish cooperative in any rockfish coop- (4) Catcher/processor vessels that opt- erative other than the rockfish cooper- out. Operate a vessel that has opted-out ative to which that LLP license was of participating in a rockfish coopera- initially assigned for that fishing year. tive to directed fish for northern rock- (ii) Use an LLP license that was ex- fish, Pacific ocean perch, or pelagic cluded from the Rockfish Program or shelf rockfish in the Central GOA. that opted out of the Rockfish Pro- (5) Rockfish processors. (i) Take deliv- gram in any rockfish cooperative for eries of, or process, groundfish har- that calendar year. vested by a catcher vessel fishing under (iii) Operate a vessel assigned to a the authority of a rockfish CQ permit rockfish cooperative in any rockfish unless operating as a shoreside proc- cooperative other than the rockfish co- essor. operative to which that vessel was ini- (ii) Process any groundfish delivered tially assigned for that fishing year. by a catcher vessel fishing under the (2) Vessels operators participating in the authority of a CQ permit not weighed Rockfish Program. (i) Operate a vessel on a scale approved by the State of that is assigned to a rockfish coopera- Alaska. The scale must meet the re- tive and fishing under a CQ permit and quirements specified in § 679.28(c). fail to follow the catch monitoring re- (iii) Take deliveries of, or process, quirements detailed in § 679.84(c) groundfish caught by a vessel fishing through (e). under the authority of a rockfish CQ (ii) Operate a vessel that is subject to permit without following an approved a sideboard limit detailed in § 679.82(e), CMCP as described in § 679.28(g). A copy as applicable, and fail to follow the of the CMCP must be maintained at catch monitoring requirements de- the facility and made available to au- tailed in § 679.84(c) from July 1 until thorized officers or NMFS-authorized July 31, if that vessel is harvesting fish personnel upon request. in the West Yakutat District, Central (iv) Take deliveries of, or process, GOA, or Western GOA management groundfish harvested by a catcher ves- areas. sel fishing under the authority of a (iii) Operate a catcher/processor opt- rockfish CQ permit outside of the geo- out vessel, under § 679.81(e)(2), that is graphic boundaries of the City of Ko- subject to sideboard provisions detailed diak as those boundaries are estab- in § 679.82(e) and (f), as applicable, and lished by the State of Alaska on De- fail to follow the catch monitoring re- cember 27, 2011. quirements detailed in § 679.84(d) from (v) Fail to submit a timely and com- July 1 until July 31, if that vessel is plete Rockfish Ex-vessel Volume and harvesting fish in the West Yakutat Value Report as required under District, Central GOA, or Western GOA § 679.5(r)(10) management areas. (6) Rockfish cooperatives. (i) Fail to re- (3) VMS. (i) Operate a vessel that is tain any rockfish primary species or assigned to a rockfish cooperative and rockfish secondary species caught by a fail to use functioning VMS equipment vessel when that vessel is fishing under as described at § 679.28(f) at all times the authority of a CQ permit. when operating in a reporting area off (ii) Harvest rockfish primary species, Alaska from May 1: rockfish secondary species, or use hal- (A) Until November 15; or ibut PSC assigned to a rockfish cooper- (B) Until that rockfish cooperative ative in the Central GOA without a has submitted a rockfish cooperative valid CQ permit. termination of fishing declaration that (iii) Begin a fishing trip for any has been approved by NMFS. Rockfish Program species with any (ii) Operate a vessel that is subject to vessel assigned to a rockfish coopera- a sideboard limit detailed in § 679.82(e) tive if the total amount of unharvested and fail to use functioning VMS equip- CQ that is currently held by that rock- ment as described in § 679.28(f) at all fish cooperative is zero or less for any times when operating in a reporting species for which CQ is assigned.

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(iv) Exceed a rockfish sideboard limit vested while directed fishing in the assigned to a rockfish cooperative in rockfish entry level longline fishery. the catcher/processor sector. (v) Deliver groundfish caught by a (v) Operate a vessel assigned to a catcher vessel directed fishing in the rockfish cooperative to fish under a CQ rockfish entry level longline fishery permit unless the rockfish cooperative fishing after NMFS has closed directed has notified NMFS that the vessel is fishing to the rockfish entry level fishing under a CQ permit as described longline fishery or November 15 of each under § 679.5(r)(8). calendar year, whichever occurs first. (vi) Operate a vessel fishing under (o) Amendment 80 Program—(1) Amend- the authority of a CQ permit in the ment 80 vessels. (i) Use any vessel other catcher vessel sector and to have any than an Amendment 80 vessel to catch Pacific ocean perch, pelagic shelf rock- any amount of Amendment 80 species, fish, northern rockfish, sablefish, Pa- crab PSC, or halibut PSC assigned to cific cod, or thornyhead rockfish the Amendment 80 sector. aboard the vessel unless those fish were (ii) Use an Amendment 80 vessel to harvested under the authority of a CQ catch any amount of Amendment 80 permit. species, crab PSC, or halibut PSC as- (vii) Catch and process onboard a ves- signed to the BSAI trawl limited access sel any rockfish primary species or sector. rockfish secondary species harvested (2) Amendment 80 LLP license. (i) Des- under the authority of a CQ permit ignate any vessel other than an issued to the catcher vessel sector. Amendment 80 vessel on an Amend- (viii) Have a negative balance in a CQ ment 80 LLP license; account for any species for which CQ is (ii) Fail to designate an Amendment assigned after the end of the calendar 80 vessel on an Amendment 80 LLP li- year for which a CQ permit was issued. cense that is endorsed for groundfish in (ix) Deliver rockfish primary species the Bering Sea subarea or Aleutian Is- and rockfish secondary species har- lands subarea with a catcher/processor vested under the authority of a CQ per- designation at all times during a cal- mit to any processor other than a endar year unless that Amendment 80 shoreside processor located within the vessel has suffered an actual total loss, geographic boundaries of the City of constructive total loss, or is perma- Kodiak as those boundaries are estab- nently ineligible to receive a fishery lished by the State of Alaska on De- endorsement under 46 U.S.C. 12108. cember 27, 2011. (3) Amendment 80 QS permit. (i) Hold (x) Fail to submit a timely and com- an Amendment 80 QS permit assigned plete rockfish CQ cost recovery fee sub- to an Amendment 80 vessel if that per- mission form as required under son does not hold an Amendment 80 § 679.5(r)(9). LLP license that designates that (7) Use caps. Exceed the use caps that Amendment 80 vessel. apply under § 679.82(a). (ii) Hold an Amendment 80 QS permit (8) Rockfish entry level longline fishery. that is assigned to an Amendment 80 (i) Take deliveries of, or process, vessel under § 679.4(o)(1) if that person groundfish caught by a catcher vessel is not designated as the owner of that directed fishing in the rockfish entry Amendment 80 vessel by an abstract of level longline fishery unless operating title or USCG documentation. as a shoreside processor. (iii) Hold an Amendment 80 QS per- (ii) Deliver groundfish caught by a mit assigned to an Amendment 80 ves- catcher vessel directed fishing in the sel if that Amendment 80 vessel has rockfish entry level longline fishery to suffered an actual total loss, construc- any processor other than a shoreside tive total loss, or is permanently ineli- processor. gible to receive a fishery endorsement (iii) Use any gear other than longline under 46 U.S.C. 12108 after October 15 in gear to directed fish for a rockfish pri- the calendar year following the date of mary species in the rockfish entry that actual total loss, constructive level longline fishery. total loss, or permanent ineligibility to (iv) Catch and process onboard a ves- receive a fishery endorsement under 46 sel any rockfish primary species har- U.S.C. 12108.

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(iv) Fish in an Amendment 80 fishery ceive or process catch from any without an Amendment 80 QS permit Amendment 80 vessel not assigned to or Amendment 80 LLP/QS license as- the Amendment 80 limited access fish- signed to that vessel. ery for that calendar year; (4) Amendment 80 cooperatives. (i) Use (iii) Catch, process, or receive an Amendment 80 vessel, Amendment Amendment 80 species assigned to the 80 LLP license, or Amendment 80 QS Amendment 80 limited access fishery permit not assigned to an Amendment in the BSAI or adjacent waters open by 80 cooperative for a calendar year to the State of Alaska for which it adopts catch any Amendment 80 species, crab a Federal fishing season without a copy PSC, or halibut PSC assigned to that of a valid Amendment 80 limited access Amendment 80 cooperative during that fishery permit onboard unless that calendar year; Amendment 80 vessel is using dredge (ii) Use an Amendment 80 vessel as- gear while directed fishing for scallops. signed to an Amendment 80 cooperative (6) Catch monitoring. (i) Operate an for a calendar year to receive or proc- Amendment 80 vessel using any gear ess catch from any Amendment 80 ves- but dredge gear while directed fishing sel not assigned to that Amendment 80 for scallops or a catcher/processor not cooperative for that calendar year. listed in § 679.4(l)(2)(i) and using trawl (iii) Catch, process, or receive gear, to catch, process, or receive fish Amendment 80 species assigned to an in the BSAI or adjacent waters opened Amendment 80 cooperative in the BSAI by the State of Alaska for which it or adjacent waters open by the State of adopts a Federal fishing season and fail Alaska for which it adopts a Federal to follow the catch monitoring require- fishing season without a copy of a valid ments detailed at § 679.93(a), (b), and Amendment 80 CQ permit onboard un- (c). less that Amendment 80 vessel is using (ii) Operate an Amendment 80 vessel dredge gear while directed fishing for using any gear but dredge gear while scallops. directed fishing for scallops that is sub- (iv) [Reserved] ject to a sideboard limit detailed at (v) Begin a fishing trip for any § 679.92(b) and (c), as applicable, in the Amendment 80 species with any vessel GOA or adjacent waters open by the assigned to an Amendment 80 coopera- State of Alaska for which it adopts a tive if the total amount of unharvested Federal fishing season, and fail to fol- CQ that is currently held by that low the catch monitoring requirements Amendment 80 cooperative is zero or detailed at § 679.93(a), (b), and (d). less for any species for which CQ is as- (7) Use caps. Exceed the use caps that signed. apply under § 679.92(a). (vi) Have a negative balance in a CQ (8) Economic data report (EDR): Fail to account for any species for which CQ is submit a timely and complete EDR as assigned after the end of the calendar described under § 679.94. year for which a CQ permit was issued. (9) First Wholesale Volume and Value (vii) Fail to submit a timely and Report. For an Amendment 80 vessel complete Amendment 80 cost recovery owner to fail to submit a timely and fee submission form and fee as required complete First Wholesale Volume and under § 679.95. Value Report as required under (5) Amendment 80 limited access fishery. § 679.5(u)(2). (i) Use an Amendment 80 vessel, (p) Arctic Management Area. Conduct Amendment 80 LLP license, or Amend- commercial fishing for any Arctic fish ment 80 QS permit not assigned to the in the Arctic Management Area. Amendment 80 limited access fishery [61 FR 31230, June 19, 1996] for a calendar year to catch any EDITORIAL NOTE: For FEDERAL REGISTER ci- Amendment 80 species, crab PSC, or tations affecting § 679.7, see the List of CFR halibut PSC assigned to the Amend- Sections Affected, which appears in the ment 80 limited access sector during Finding Aids section of the printed volume that calendar year; and at www.govinfo.gov. (ii) Use an Amendment 80 vessel as- signed to the Amendment 80 limited § 679.8 Facilitation of enforcement. access fishery for a calendar year to re- See § 600.730 of this chapter.

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§ 679.9 Penalties. trend; updated estimates of the MSY of See § 600.735 of this chapter. the groundfish complex and its compo- nent species groups; assessments of the stock condition of each target species; Subpart B—Management assessments of the multispecies and Measures ecosystem impacts of harvesting the § 679.20 General limitations. groundfish complex at current levels, given the assessed condition of stocks, This section applies to vessels en- including consideration of rebuilding gaged in directed fishing for groundfish depressed stocks; and alternative har- in the GOA and/or the BSAI and to ves- vesting strategies and related effects sels engaged in commercial fishing for on the component species group. Arctic fish in the Arctic Management (ii) Socioeconomic considerations. So- Area. cioeconomic considerations that are (a) Harvest limits—(1) OY—(i) BSAI and GOA. The OY for BSAI and GOA consistent with the goals of the fishery target species is a range or specific management plans for the groundfish amount that can be harvested consist- fisheries of the BSAI and the GOA, in- ently with this part, plus the amounts cluding the need to promote efficiency of ‘‘nonspecified species’’ taken inci- in the utilization of fishery resources, dentally to the harvest of target spe- including minimizing costs; the need to cies. The species categories are defined manage for the optimum marketable in Table 1 of the specifications as pro- size of a species; the impact of ground- vided in paragraph (c) of this section. fish harvests on prohibited species and (A) The OY for groundfish in the the domestic target fisheries that uti- BSAI regulated by this section and by lize these species; the desire to enhance part 600 of this chapter is 1.4 million to depleted stocks; the seasonal access to 2.0 million mt. the groundfish fishery by domestic (B) The OY for groundfish in the GOA fishing vessels; the commercial impor- regulated by this section and by part tance of a fishery to local commu- 600 of this chapter is 116,000 to 800,000 nities; the importance of a fishery to mt. subsistence users; and the need to pro- (ii) Arctic Management Area. The OY mote utilization of certain species. for each target fish species identified (4) Sablefish TAC—(i) Eastern GOA reg- in the Fishery Management Plan for ulatory area—(A) Fixed gear. Vessels in Fish Resources of the Arctic Manage- the Eastern GOA regulatory area using ment Area regulated by this section fixed gear will be allocated 95 percent and by part 600 of this chapter is 0 mt. of the sablefish TAC. (2) TAC. NMFS, after consultation (B) Trawl gear. Vessels in the Eastern with the Council, will specify and ap- GOA regulatory area using trawl gear portion the annual TAC and reserves will be allocated 5 percent of the sable- for each calendar year among the GOA fish TAC for bycatch in other trawl and BSAI target species. TACs in the fisheries. target species category may be split or combined for purposes of establishing (ii) Central and Western GOA regu- new TACs with apportionments thereof latory areas—(A) Fixed gear. Vessels in under paragraph (c) of this section. The the Central and Western GOA regu- sum of the TACs so specified must be latory areas using fixed gear will be al- within the OY range specified in para- located 80 percent of the sablefish TAC graph (a)(1) of this section. in each of the Central and Western (3) Annual TAC determination. The an- GOA regulatory areas. nual determinations of TAC for each (B) Trawl gear. Vessels using trawl target species and the reapportionment gear will be allocated 20 percent of the of reserves may be adjusted, based sablefish TAC in these areas. upon a review of the following: (iii) Bering Sea subarea—(A) Hook- (i) Biological condition of groundfish and-line or pot gear. Vessels in the Ber- stocks. Resource assessment documents ing Sea subarea using hook-and-line or prepared annually for the Council that pot gear will be allocated 50 percent of provide information on historical catch each TAC for sablefish.

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(B) Trawl gear. Vessels in the Bering that is not allocated to inshore co- Sea subarea using trawl gear will be al- operatives. located 50 percent of each TAC for sa- (4) Catcher/processor sector allocation. blefish. Forty percent of the directed fishing (iv) Aleutian Islands subarea—(A) allowance will be allocated to AFA Hook-and-line or pot gear. Vessels in the catcher/processors and AFA catcher Aleutian Islands subarea using hook- vessels delivering to catcher proc- and-line or pot gear will be allocated 75 essors. percent of each TAC for sablefish. (i) Catcher/processor and catcher vessel (B) Trawl gear. Vessels in the Aleu- cooperatives. If by December 1 of the tian Islands subarea using trawl gear year prior to the year when fishing will be allocated 25 percent of each under the cooperative agreement will TAC for sablefish. begin, NMFS receives filing of coopera- (5) Pollock TAC—(i) Bering Sea Sub- tive contracts and/or an inter-coopera- area—(A) AFA allocations. The pollock tive agreement entered into by listed TAC apportioned to the Bering Sea AFA catcher/processors and all AFA Subarea, after subtraction of the 10 catcher vessels with catcher/processor percent CDQ reserve under § 679.31(a), sector endorsements, and the Regional will be allocated as follows: Administrator determines that such (1) Incidental catch allowance. The Re- contracts provide for the distribution gional Administrator will establish an of harvest between catcher/processors incidental catch allowance to account and catcher vessels in a manner agreed for projected incidental catch of pol- to by all members of the catcher/proc- lock by vessels engaged in directed essor sector cooperative(s), then NMFS fishing for groundfish other than pol- will not subdivide the catcher/proc- lock and by vessels harvesting non-pol- essor sector allocation between catcher lock CDQ. If during a fishing year, the vessels and catcher/processors. Regional Administrator determines (ii) Catcher vessel allocation. If such that the incidental catch allowance has contract is not filed with NMFS by De- been set too high or too low, he/she cember 1 of the preceding year, then may issue inseason notification in the NMFS will allocate 91.5 percent of the FEDERAL REGISTER that reallocates in- catcher/processor sector allocation to cidental catch allowance to the di- AFA catcher/processors engaged in di- rected fishing allowance, or vice versa, rected fishing for pollock and 8.5 per- according to the proportions estab- cent of the catcher/processor sector al- lished under paragraph (a)(5)(i)(A) of location to AFA catcher vessels deliv- this section. ering to catcher/processors. (2) Directed fishing allowance. The re- (iii) Unlisted AFA catcher processors. maining pollock TAC apportioned to Unlisted AFA catcher/processors will the Bering Sea subarea is established be limited to harvesting not more than as a directed fishing allowance. 0.5 percent of catcher/processor sector (3) Inshore sector allocation. Fifty per- allocation. cent of the directed fishing allowance (5) Mothership sector allocation. Ten will be allocated to AFA catcher ves- percent of the directed fishing allow- sels harvesting pollock for processing ance will be allocated to AFA catcher by AFA inshore processors. The vessels harvesting pollock for proc- inshore allocation will be further di- essing by AFA motherships. vided into separate allocations for co- (6) Excessive harvesting share. NMFS operative and open access fishing. will establish an excessive harvesting (i) Inshore cooperatives. The inshore share limit equal to 17.5 percent of the cooperative allocation will be equal to sum of the directed fishing allowances the aggregate annual allocations of all established under paragraphs (a)(5)(i) AFA inshore catcher vessel coopera- and (a)(5)(ii) of this section. The exces- tives that receive pollock allocations sive harvesting share limit will be pub- under § 679.62(a). lished in the annual harvest specifica- (ii) Inshore open access. The inshore tions and is subject to revision on an open access allocation will equal that inseason basis if NMFS reallocates portion of the inshore sector allocation unharvested amounts of the incidental

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catch allowance to the directed fishing entire TAC for this subarea will be al- allowance, or vice versa. located as an incidental catch allow- (7) Excessive processing share. NMFS ance. will establish an excessive processing (B) If the AI is open to directed fish- share limit equal to 30.0 percent of the ing for pollock under paragraph (c) of sum of the directed fishing allowances this section, then the pollock TAC for established under paragraphs (a)(5)(i) this subarea will be specified, allo- and (a)(5)(ii) of this section. The exces- cated, seasonally apportioned, and re- sive processing share limit will be pub- allocated as follows: lished in the annual harvest specifica- (1) AI annual TAC limitations. When tions and is subject to revision on an the AI pollock ABC is less than 19,000 inseason basis if NMFS reallocates mt, the annual TAC will be no greater unharvested amounts of the incidental than the ABC. When the AI pollock catch allowance to the directed fishing ABC equals or exceeds 19,000 mt, the allowance, or vice versa. annual TAC will be equal to 19,000 mt. (B) BSAI seasonal allowances for AFA (2) Allocations—(i) CDQ Directed fish- and CDQ—(1) Inshore, catcher/processor, ing allowance. 10 percent of the annual mothership, and CDQ sectors. The por- TAC will be allocated to the CDQ pol- tions of the BS subarea pollock di- lock reserve established under rected fishing allowances allocated to § 679.31(a)(2). each sector under sections 206(a) and (ii) Incidental catch allowance. The Re- 206(b) of the AFA and the CDQ allow- gional Administrator will determine ance in the BSAI will be divided into two seasonal allowances corresponding the amount of the pollock incidental to the two fishing seasons set out at catch necessary to support an inci- § 679.23(e)(2), as follows: dental catch allowance in the AI dur- (i) A Season, 45 percent; ing the fishing year for each season. (ii) B Season, 55 percent. This amount of pollock will be de- (2) Inseason adjustments. Within any ducted from the annual TAC. If during fishing year, the Regional Adminis- a fishing year, the Regional Adminis- trator may add or subtract any under trator determines that the incidental harvest or over harvest of a seasonal catch allowance is excessive or inad- allowance for a component to the sub- equate, the Regional Administrator sequent seasonal allowance for the may reallocate the excess of the inci- component through notification pub- dental catch allowance to the directed lished in the FEDERAL REGISTER. pollock fishery, or may reallocate pol- (C) Steller sea lion conservation area lock from the directed pollock fishery (SCA) harvest limit. For each component to the incidental catch allowance as under Sections 206(a) and 206(b) of the necessary to support incidental catch AFA and for the open access fishery, no of pollock in AI groundfish fisheries, by more than 28 percent of the annual pol- publication in the FEDERAL REGISTER. lock directed fishery allowance may be (iii) Directed Pollock Fishery. The taken from the SCA before April 1. The amount of the TAC remaining after SCA is defined at § 679.22(a)(7)(vii). subtraction of the CDQ directed fishing (ii) Bogoslof District. If the Bogoslof allowance and the incidental catch al- District is open to directed fishing for lowance will be allocated to the Aleut pollock by regulation, then the pollock Corporation as a directed pollock fish- TAC for this district will be allocated ery allocation. according to the same procedure estab- (3) Seasonal apportionment. The sea- lished for the Bering Sea subarea at sonal harvest of pollock in the AI di- paragraph (a)(5)(i) of this section. If the rected pollock fishery shall be: Bogoslof District is closed to directed (i) A season. No greater than the less- fishing for pollock by regulation, then er of the annual initial TAC plus any A the entire TAC for this district will be season CDQ pollock directed fishery al- allocated as an incidental catch allow- lowance or 40 percent of the AI pollock ance. ABC. The total A season apportion- (iii) AI. (A) If a directed fishery for ment, including the AI directed pollock pollock in the AI is not specified under fishery allocation, the CDQ pollock di- paragraph (c) of this section, then the rected fishery seasonal allowance, and

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the incidental catch amount, shall not (i) No more than 25 percent of the AI exceed 40 percent of the ABC. directed pollock fishery allocation (ii) B season. The B season apportion- through 2008; ment of the AI directed pollock fishery (ii) No more than 50 percent of the AI shall equal the annual initial TAC directed pollock fishery allocation minus the A season directed pollock from 2009 through 2012; and fishery apportionment under paragraph (iii) 50 percent of the AI directed pol- (a)(5)(iii)(B)(3)(i) of this section and lock fishery allocation in 2013 and be- minus the incidental catch amount yond. under paragraph (a)(5)(iii)(B)(2)(ii) of (6) Pollock harvest limitations. Pollock this section. harvests during the A season as defined (iii) Inseason adjustments for the di- at § 679.23(e)(2) are limited to: rected pollock fishery. During any fish- (i) No more than 5 percent of the ing year, the Regional Administrator Aleutian Islands pollock ABC in Area may add any under harvest of the A 543. season directed pollock fishery appor- tionment to the B season directed pol- (ii) No more than 15 percent of the lock fishery apportionment by inseason Aleutian Islands pollock ABC in Area 542. notification published in the FEDERAL REGISTER if the Regional Adminis- (iii) No more than 30 percent of the trator determines that the harvest ca- Aleutian Islands pollock ABC in Area pacity in the B season is sufficient to 541. harvest the adjusted B season appor- (iv) GOA—(A) Apportionment by area. tionment. The TAC for pollock in the combined (iv) Inseason adjustments for the inci- GOA Western and Central Regulatory dental catch allowance. During any fish- Areas will be apportioned among sta- ing year, the Regional Administrator tistical areas 610, 620, and 630 in propor- may add any under harvest of the A tion to the distribution of the pollock season incidental catch allowance ap- biomass as determined by the most re- portionment to the B season incidental cent NMFS surveys. catch allowance apportionment by pub- (B) GOA Western and Central Regu- lication in the FEDERAL REGISTER if latory Areas seasonal apportionments. the Regional Administrator determines Each apportionment established under that the additional B season incidental paragraph (a)(5)(iv)(A) of this section catch allowance is necessary to support will be divided into four seasonal ap- other groundfish fisheries. portionments corresponding to the four (4) Reallocation of the annual AI di- fishing seasons specified in § 679.23(d)(2) rected pollock fishery and AI CDQ alloca- as follows: A Season, 25 percent; B Sea- tions. As soon as practicable, if the Re- son, 25 percent; C Season, 25 percent; gional Administrator determines that and D Season, 25 percent. Within any vessels participating in either the AI fishing year, underharvest or overhar- directed pollock fishery or the AI CDQ vest of a seasonal apportionment may directed pollock fishery likely will not be added to or subtracted from remain- harvest the entire AI directed pollock ing seasonal apportionments in a man- fishery or CDQ pollock directed fishing ner to be determined by the Regional allowance, the Regional Administrator Administrator, provided that any re- may reallocate some or all of the pro- vised seasonal apportionment does not jected unused directed pollock fishery exceed 20 percent of the seasonal TAC allocation to the Bering Sea subarea apportionment for the statistical area. directed pollock fishery or AI CDQ pol- The reapportionment of underharvest lock directed fishing allowance to the will be applied to the subsequent sea- Bering Sea subarea CDQ pollock di- son within the same statistical area up rected fishing allowance by inseason to the 20 percent limit specified in this notification published in the FEDERAL paragraph. Any underharvest remain- REGISTER. ing beyond the 20 percent limit may be (5) Allocations to small vessels. The an- further apportioned to the subsequent nual allocation for vessels 60 feet (18.3 season in the other statistical areas, in m) LOA or less participating in the AI proportion to estimated biomass and in directed pollock fishery will be: an amount no more than 20 percent of

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the seasonal TAC apportionment for essing by the inshore component and 10 the statistical area. percent to vessels harvesting Pacific (6) GOA inshore/offshore allocations— cod for processing by the offshore com- (i) GOA pollock. The apportionment of ponent. pollock in all GOA regulatory areas for (7) Pacific cod TAC, BSAI—(i) CDQ re- each seasonal allowance described in serve and seasonal allowances. (A) A paragraph (a)(5)(iv) of this section will total of 10.7 percent of the annual Pa- be allocated entirely to vessels har- cific cod TAC will be allocated to the vesting pollock for processing by the CDQ Program in the annual harvest inshore component in the GOA after specifications required under para- subtraction of an amount that is pro- graph (c) of this section. The Pacific jected by the Regional Administrator to be caught by, or delivered to, the cod CDQ allocation will be deducted offshore component in the GOA inci- from the annual Pacific cod TAC before dental to directed fishing for other allocations to the non-CDQ sectors are groundfish species. made under paragraph (a)(7)(ii) of this (ii) Eastern GOA Regulatory Area Pa- section. cific cod. The apportionment of Pacific (B) The BSAI Pacific cod CDQ gear cod in the Eastern GOA Regulatory allowances by season, as those seasons Area will be allocated 90 percent to are specified under § 679.23(e)(5), are as vessels harvesting Pacific cod for proc- follows:

Gear Type A season B season C season

(1) Trawl 60% 20% 20%

(i) Trawl CV 70% 10% 20%

(ii) Trawl CP 50% 30% 20%

(2) Hook-and-line CP and hook-and-line CV ≥60 ft 60% 40% no C season (18.3 m) LOA

(3) Jig 40% 20% 40%

(4) All other non-trawl gear no seasonal allowance no seasonal allowance no seasonal allowance

(ii) Non-CDQ allocations—(A) Sector (B) Incidental catch allowance. During allocations. The remainder of the BSAI the annual harvest specifications proc- Pacific cod TAC after subtraction of ess set forth at paragraph (c) of this the CDQ reserve for Pacific cod will be section, the Regional Administrator allocated to non-CDQ sectors as fol- will specify an amount of Pacific cod lows: that NMFS estimates will be taken as incidental catch in directed fisheries Sector % Allocation for groundfish other than Pacific cod (1) Jig vessels 1.4 by the hook-and-line and pot gear sec- tors. This amount will be the inci- (2) Hook-and-line/pot CV <60 ft (18.3 2 dental catch allowance and will be de- m) LOA ducted from the aggregate portion of (3) Hook-and-line CV ≥60 ft (18.3 m) 0.2 Pacific cod TAC annually allocated to LOA the hook-and-line and pot gear sectors before the allocations under paragraph (4) Hook-and-line CP 48.7 (a)(7)(ii)(A) of this section are made to (5) Pot CV ≥60 ft (18.3 m) LOA 8.4 these sectors. (iii) Reallocation among non-CDQ sec- (6) Pot CP 1.5 tors. If, during a fishing year, the Re- (7) AFA trawl CP 2.3 gional Administrator determines that a non-CDQ sector will be unable to har- (8) Amendment 80 sector 13.4 vest the entire amount of Pacific cod (9) Trawl CV 22.1 allocated to that sector under para- graph (a)(7)(ii)(A) of this section, the

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Regional Administrator will reallocate (a)(7)(iii)(C) of this section. If the Re- the projected unused amount of Pacific gional Administrator determines that cod to other sectors through notifica- a projected unharvested amount from a tion in the FEDERAL REGISTER. Any re- trawl catcher vessel sector allocation allocation decision by the Regional Ad- is unlikely to be harvested through ministrator will take into account the this hierarchy, the Regional Adminis- capability of a sector to harvest the re- trator will reallocate that amount to allocated amount of Pacific cod, and the other trawl sectors in accordance the following reallocation hierarchy: with the hierarchy set forth in para- (A) Catcher vessel sectors. The Re- graph (a)(7)(iii)(B) of this section. gional Administrator will reallocate (B) Trawl gear sectors. The Regional projected unharvested amounts of Pa- Administrator will reallocate any pro- cific cod TAC from a catcher vessel jected unharvested amounts of Pacific sector as follows: first to the jig sector, cod TAC from the trawl catcher vessel or to the less than 60 ft (18.3 m) LOA or AFA catcher/processor sectors to hook-and-line or pot catcher vessel sec- other trawl sectors before unharvested tor, or to both of these sectors; second, amounts are reallocated and appor- to the greater than or equal to 60 ft tioned to specified gear sectors as fol- (18.3 m) LOA hook-and-line or to the lows: greater than or equal to 60 ft (18.3 m) (1) 83.1 percent to the hook-and-line LOA pot catcher vessel sectors; and catcher/processor sector, third to the trawl catcher vessel sec- tor. If the Regional Administrator de- (2) 2.6 percent to the pot catcher/ termines that a projected unharvested processor sector, and amount from the jig sector allocation, (3) 14.3 percent to the greater than or the less than 60 ft (18.3 m) LOA hook- equal to 60 ft (18.3 m) LOA pot catcher and-line or pot catcher vessel sector al- vessel sector. location, or the greater than or equal (C) Pot gear sectors. The Regional Ad- to 60 ft (18.3 m) LOA hook-and-line ministrator will reallocate any pro- catcher vessel sector allocation is un- jected unharvested amounts of Pacific likely to be harvested through this hi- cod TAC from the pot catcher/processor erarchy, the Regional Administrator sector to the greater than or equal to will reallocate that amount to the 60 ft (18.3 m) LOA pot catcher vessel hook-and-line catcher/processor sector. sector, and from the greater than or If the Regional Administrator deter- equal to 60 ft (18.3 m) LOA pot catcher mines that a projected unharvested vessel sector to the pot catcher/proc- amount from a greater than or equal to essor sector before reallocating it to 60 ft (18.3 m) LOA pot catcher vessel the hook-and-line catcher/processor sector allocation is unlikely to be har- sector. vested through this hierarchy, the Re- (iv) Non-CDQ seasonal allowances—(A) gional Administrator will reallocate Seasonal allowances by sector. The BSAI that amount to the pot catcher/proc- Pacific cod sector allowances are ap- essor sector in accordance with the hi- portioned by season, as those seasons erarchy set forth in paragraph are specified at § 679.23(e)(5), as follows:

Seasonal Allowances Sector A season B season C season

(1) Trawl

(i) Trawl CV 74 % 11 % 15 %

(ii) Trawl CP 75 % 25 % 0 %

(2) Hook-and-line CP, hook-and-line CV 51 % 49 % no C season ≥60 ft (18.3 m) LOA, and pot gear ves- sels ≥60 ft (18.3 m) LOA

(3) Jig vessels 60 % 20 % 20 %

(4) All other nontrawl vessels no seasonal allowance no seasonal allowance no seasonal allowance

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(B) Unused seasonal allowances. Any (3) Pacific cod ITAC assigned for har- unused portion of a seasonal allowance vest by the Amendment 80 limited ac- of Pacific cod from any sector except cess fishery in the C season may not be the jig sector will be reallocated to harvested in the A or B seasons. that sector’s next season during the (vi) ITAC rollover to Amendment 80 co- current fishing year unless the Re- operatives. If during a fishing year, the gional Administrator makes a deter- Regional Administrator determines mination under paragraph (a)(7)(iii) of that a portion of the Pacific cod TAC is this section that the sector will be un- unlikely to be harvested and is made able to harvest its allocation. available for reallocation to the (C) Jig sector. The Regional Adminis- Amendment 80 sector according to the trator will reallocate any projected un- provisions under paragraph (a)(7)(iii) of used portion of a seasonal allowance of this section, the Regional Adminis- Pacific cod for the jig sector under this trator may issue inseason notification section to the less than 60 ft (18.3 m) in the FEDERAL REGISTER that reallo- LOA hook-and-line or pot catcher ves- cates that remaining amount of Pacific sel sector. The Regional Administrator cod to Amendment 80 cooperatives, ac- will reallocate the projected unused cording to the procedures established portion of the jig sector’s C season al- under § 679.91(f). lowance on or about September 1 of (vii) Pacific cod harvest limitations. each year. During the annual harvest specifica- (v) ITAC allocation to the Amendment tions process, the Regional Adminis- 80 sector. A percentage of the Pacific trator will establish an Area 543 Pacific cod TAC, after subtraction of the CDQ cod harvest limit based on Pacific cod reserve, will be allocated as ITAC to abundance in Area 543 as determined the Amendment 80 sector as described by the annual stock assessment proc- in Table 33 to this part. Separate allo- ess. NMFS will first subtract the State cations for each Amendment 80 cooper- GHL Pacific cod amount from the AI ative and the Amendment 80 limited Pacific cod ABC. Then NMFS will de- access fishery are described under termine the harvest limit in Area 543 § 679.91. The allocation of Pacific cod to by multiplying the percentage of Pa- the Amendment 80 sector will be fur- cific cod estimated in Area 543 by the ther divided into seasonal apportion- ments as described under paragraph remaining ABC for AI Pacific cod. (a)(7)(iv)(A)(1)(ii) of this section. (viii) Aleutian Islands Pacific Cod (A) Use of seasonal apportionments by Catcher Vessel Harvest Set-Aside Pro- Amendment 80 cooperatives. (1) The gram—(A) Calculation of the Aleutian Is- amount of Pacific cod listed on a CQ lands Pacific cod non-CDQ ICA and DFA. permit that is assigned for use in the A Each year, during the annual harvest season may be used in the B or C sea- specifications process set forth at para- son. graph (c) of this section, NMFS will (2) The amount of Pacific cod that is specify the Aleutian Islands Pacific cod listed on a CQ permit that is assigned non-CDQ incidental catch allowance for use in the B season may not be used and directed fishing allowance from in the A season. the Aleutian Islands Pacific cod non- (3) The amount of Pacific cod listed CDQ TAC as follows. Shortly after on a CQ permit that is assigned for use completion of the process set forth in in the C season may not be used in the paragraph (a)(7)(viii)(D) of this section, A or B seasons. NMFS will announce through notice in (B) Harvest of seasonal apportionments the FEDERAL REGISTER whether the in the Amendment 80 limited access fish- ICA and DFA will be in effect for the ery. (1) Pacific cod ITAC assigned for upcoming fishing year. harvest by the Amendment 80 limited (1) Aleutian Islands Pacific cod non- access fishery in the A season may be CDQ incidental catch allowance. Each harvested in the B or C seasons. year, during the annual harvest speci- (2) Pacific cod ITAC assigned for har- fications process set forth at paragraph vest by the Amendment 80 limited ac- (c) of this section, NMFS will specify cess fishery in the B season may not be an amount of Aleutian Islands Pacific harvested in the A season. cod that NMFS estimates will be taken

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as incidental catch in non-CDQ di- fications process set forth at paragraph rected fisheries for groundfish other (c) of this section, NMFS will specify than Pacific cod in the Aleutian Is- the Bering Sea Trawl CV A-Season Sec- lands. This amount will be the Aleu- tor Limitation and the amount of the tian Islands Pacific cod non-CDQ inci- trawl CV sector’s A-season allocation dental catch allowance and will be de- that could be harvested in the Bering ducted from the aggregate portion of Sea subarea prior to March 21. The Ber- Pacific cod TAC annually allocated to ing Sea Trawl CV A-Season Sector the non-CDQ sectors identified in para- Limitation will be an amount of Pa- graph (a)(7)(ii)(A) of this section. cific cod equal to the lesser of either (2) Aleutian Islands Pacific cod non- the Aleutian Islands Pacific cod non- CDQ directed fishing allowance. Each CDQ directed fishing allowance as de- year, during the annual harvest speci- termined in paragraph (a)(7)(viii)(A)(2) fications process set forth at paragraph of this section or 5,000 mt. The amount (c) of this section, NMFS will specify of the trawl CV sector’s A-season allo- the Aleutian Islands Pacific cod non- cation that could be harvested in the CDQ directed fishing allowance. The Bering Sea subarea prior to March 21 Aleutian Islands Pacific cod non-CDQ will be the amount of Pacific cod that directed fishing allowance will be the remains after deducting the Bering Sea amount of the Aleutian Islands Pacific Trawl CV A-Season Sector Limitation cod TAC remaining after subtraction of from the amount of BSAI Pacific cod the Aleutian Islands Pacific cod CDQ allocated to the trawl CV sector A-sea- reserve and the Aleutian Islands Pa- son as determined in paragraph cific cod non-CDQ incidental catch al- (a)(7)(iv)(A)(1)(i) of this section. Short- lowance. ly after completion of the process set (B) Calculation of the Aleutian Islands forth in paragraph (a)(7)(viii)(D) of this CV Harvest Set-Aside and Aleutian Is- section, NMFS will announce through lands Unrestricted Fishery. Each year, notice in the FEDERAL REGISTER during the annual harvest specifica- whether the Bering Sea Trawl CV A- tions process set forth at paragraph (c) Season Sector Limitation will be in ef- of this section, NMFS will specify the fect for the upcoming fishing year. Aleutian Islands CV Harvest Set-Aside and the Aleutian Islands Unrestricted (D) Annual notification of intent to Fishery. The Aleutian Islands CV Har- process Aleutian Islands Pacific cod—(1) vest Set-Aside will be an amount of Pa- Submission of notification. The provi- cific cod equal to the lesser of either sions of paragraph (a)(7)(viii)(E) of this the Aleutian Islands Pacific cod non- section will apply if the either the City CDQ directed fishing allowance as de- Manager of the City of Adak or the termined in paragraph (a)(7)(viii)(A)(2) City Administrator of the City of Atka of this section or 5,000 mt. The Aleu- submits to NMFS a timely and com- tian Islands Unrestricted Fishery will plete notification of its intent to proc- be the amount of Pacific cod that re- ess Aleutian Islands Pacific cod during mains after deducting the Aleutian Is- the upcoming fishing year. This notifi- lands CV Harvest Set-Aside from the cation must be submitted annually to Aleutian Islands Pacific cod non-CDQ NMFS using the methods described directed fishing allowance as deter- below. mined in paragraph (a)(7)(viii)(A)(2) of (2) Submittal method. An official noti- this section. Shortly after completion fication of intent to process Aleutian of the process set forth in paragraph Islands Pacific cod during the upcom- (a)(7)(viii)(D) of this section, NMFS ing fishing year in the form of a letter will announce through notice in the or memorandum signed by the City FEDERAL REGISTER whether the Aleu- Manager of the City of Adak or the tian Islands CV Harvest Set-Aside and City Administrator of the City of Atka the Aleutian Islands Unrestricted Fish- must be submitted by certified mail ery will be in effect for the upcoming through the United States Postal Serv- fishing year. ice to: NMFS Alaska Region, Attn: Re- (C) Calculation of the Bering Sea Trawl gional Administrator, P. O. Box 21668, CV A-Season Sector Limitation. Each Juneau, AK 99802. The City Manager or year, during the annual harvest speci- City Administrator must also submit

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an electronic copy of the official notifi- (E) Aleutian Islands community protec- cation of intent and the certified mail tions for Pacific cod. If the City Manager receipt with postmark via email to of the City of Adak or the City Admin- [email protected]. Email sub- istrator of the City of Atka submits a mission is in addition to submission timely and complete notification in ac- via U.S. Postal Service; email submis- cordance with paragraph (a)(7)(viii)(D) sion does not replace the requirement of this section, then the following pro- to submit an official notification of in- visions will apply for the fishing year tent via U.S. Postal Service. following the submission of the timely (3) NMFS confirmation. On or shortly and complete notification: after December 8, 2016, or November 1 (1) Bering Sea Trawl CV A-Season Sec- for each year after 2016, the Regional tor Limitation. Prior to March 21, the Administrator will send a signed and harvest of Pacific cod by the trawl CV dated letter to the City Manager of the sector in the Bering Sea subarea is lim- City of Adak or the City Administrator ited to an amount equal to the trawl of the City of Atka either confirming CV sector A-season allocation as deter- NMFS’ receipt of its official notifica- mined in paragraph (a)(7)(iv)(A)(1)(i) of tion of intent to process Aleutian Is- this section minus the Bering Sea lands Pacific cod, or informing the city Trawl CV A-Season Sector Limitation that NMFS did not receive notification as determined in paragraph by the deadline. (a)(7)(viii)(C) of this section. If, after (4) Deadline. The official notification the start of the fishing year, the provi- of intent to process Aleutian Islands sions of paragraphs (a)(7)(viii)(E)(4) or Pacific cod for the upcoming fishing (5) of this section are met, this para- year must be postmarked no later than graph (a)(7)(viii)(E)(1) will not apply December 8, 2016, or October 31 for each for the remainder of the fishing year. year after 2016, in order for the provi- (2) Aleutian Islands Catcher Vessel Har- sions of paragraph (a)(7)(viii)(E) of this vest Set-Aside. Prior to March 15, only section to apply during the upcoming catcher vessels that deliver their catch fishing year. Notifications of intent of Aleutian Islands Pacific cod to Aleu- postmarked on or after December 9, tian Islands shoreplants for processing 2016, or November 1 for each year after may directed fish for that portion of 2016, will not be accepted by the Re- the Aleutian Islands Pacific cod non- gional Administrator. The electronic CDQ directed fishing allowance that is copy of the official notification of in- specified as the Aleutian Islands Catch- tent and certified mail receipt with er Vessel Harvest Set-Aside in para- postmark must be submitted to NMFS graph (a)(7)(viii)(B) of this section. If, via email dated no later than Decem- after the start of the fishing year, the ber 8, 2016, or no later than October 31 provisions of paragraph (a)(7)(viii)(E)(4) for each year after 2016, in order for the of this section are met, this paragraph provisions of paragraph (a)(7)(viii)(E) of (a)(7)(viii)(E)(2) will not apply for the this section to apply during the upcom- remainder of the fishing year. ing fishing year. (3) Aleutian Islands Unrestricted Fish- (5) Contents of notification. A notifica- ery. Prior to March 15, vessels other- tion of intent to process Aleutian Is- wise authorized to directed fish for Pa- lands Pacific cod for the upcoming cific cod in the Aleutian Islands may fishing year must contain the following directed fish for that portion of the information: Aleutian Islands Pacific cod non-CDQ (i) Date, directed fishing allowance that is spec- (ii) Name of city, ified as the Aleutian Islands Unre- (iii) Statement of intent to process stricted Fishery as determined in para- Aleutian Islands Pacific cod, graph (a)(7)(viii)(B) of this section and (iv) Identification of the fishing year may deliver their catch to any eligible during which the city intends to proc- processor. ess Aleutian Island Pacific cod, and (4) Minimum Aleutian Islands (v) Signature of and contact informa- shoreplant landing requirement. If less tion for the City Manager or City Ad- than 1,000 mt of the Aleutian Islands ministrator of the city intending to Catcher Vessel Harvest Set-Aside is process Aleutian Islands Pacific cod. landed at Aleutian Islands shoreplants

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on or before February 28, then para- listed in Table 6 to this part and lo- graphs (a)(7)(viii)(E)(1) and (2) of this cated west of 178° W longitude is: section will not apply for the remain- (i) Limited to no more than 60 per- der of the fishing year. cent of the annual TACs in Areas 542 (5) Harvest of Aleutian Islands Catcher and 543; and Vessel Harvest Set-Aside. If the Aleutian (ii) Equally divided between the A Islands Catcher Vessel Harvest Set- and B seasons as defined at Aside is fully harvested prior to March § 679.23(e)(3). 15, then paragraph (a)(7)(viii)(E)(1) of (2) The annual TAC in Area 543 will this section will not apply for the re- be no more than 65 percent of the ABC mainder of the fishing year. in Area 543. (8) BSAI Atka mackerel—(i) Jig gear. (D) Any unharvested Atka mackerel Vessels using jig gear will be allocated up to 2 percent of the TAC of Atka A season allowance that is added to the mackerel specified for the Eastern B season is prohibited from being har- Aleutian Islands District and Bering vested within waters 0 nm to 20 nm of Sea subarea, after subtraction of re- Steller sea lion sites listed in Table 6 serves, based on the following criteria: to this part and located in Areas 541, (A) The amount of Atka mackerel 542, and 543. harvested by vessels using jig gear dur- (iii) [Reserved] ing recent fishing years; (iv) Amendment 80 sector allocation. (B) The anticipated harvest of Atka The allocation of Atka mackerel ITAC mackerel by vessels using jig gear dur- to the Amendment 80 sector is estab- ing the upcoming fishing year; and lished in Table 33 to this part. The allo- (C) The extent to which the jig-gear cation of Atka mackerel ITAC to the allocation will support the develop- Amendment 80 sector will be further ment of a jig-gear fishery for Atka divided into seasonal apportionments mackerel while minimizing the amount under § 679.23(e)(3), and separate alloca- of Atka mackerel TAC annually allo- tions for each Amendment 80 coopera- cated to vessels using jig gear that re- tive and the Amendment 80 limited ac- mains unharvested at the end of the cess fishery as described under § 679.91. fishing year. (A) Use of seasonal apportionments by (ii) ITAC allocation to Amendment 80 Amendment 80 cooperatives. (1) The and BSAI trawl limited access sectors. amount of Atka mackerel listed on a The remainder of the Atka mackerel CQ permit that is assigned for use in TAC, after subtraction of the jig gear the A season may be used in the B sea- allocation, CDQ reserve, and incidental son. catch allowance for the BSAI trawl (2) The amount of Atka mackerel limited access sector and vessels using listed on a CQ permit that is assigned non-trawl gear, will be allocated as for use in the B season may not be used ITAC to the Amendment 80 and BSAI in the A season. trawl limited access sectors. (B) Harvest of seasonal apportionments (A) Seasonal allowances. The Atka in the Amendment 80 limited access fish- mackerel TAC specified for each sub- ( ) Atka mackerel ITAC assigned area or district will be divided equally, ery. 1 after subtraction of the jig gear alloca- for harvest by the Amendment 80 lim- tion, into two seasonal allowances cor- ited access fishery in the A season may responding to the A and B seasons de- be harvested in the B season. fined at § 679.23(e)(3). (2) Atka mackerel ITAC assigned for (B) Overages and Underages. Within harvest by the Amendment 80 limited any fishing year, unharvested amounts access fishery in the B season may not of the A season allowance will be added be harvested in the A season. to the B season allowance and harvests (v) BSAI trawl limited access sector al- in excess of the A season allowance will location—(A) BSAI trawl limited access be deducted from the B season allow- sector directed fishing allowance. The ance. amount of Atka mackerel ITAC as- (C) Atka mackerel harvest limitations. signed as a directed fishing allowance (1) Atka mackerel catch within waters to the BSAI trawl limited access sector 0 nm to 20 nm of Steller sea lion sites is established in Table 33 to this part.

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(B) BSAI trawl limited access sector in- (iii) BSAI trawl limited access sector al- cidental catch allowance and ITAC roll- location—(A) BSAI trawl limited access over. If, during a fishing year, the Re- sector directed fishing allowance. The gional Administrator determines that amount of ITAC for each Amendment a portion of the Atka mackerel inci- 80 species other than Atka mackerel dental catch allowance or ITAC as- and Pacific cod assigned as a directed signed to the BSAI trawl limited access fishing allowance to the BSAI trawl sector is unlikely to be harvested, the limited access sector is established in Regional Administrator may issue Tables 33 and 34 to this part. inseason notification in the FEDERAL (B) BSAI trawl limited access sector REGISTER that reallocates that remain- ITAC rollover. If, during a fishing year, ing amount of Atka mackerel directed the Regional Administrator determines fishing allowance to Amendment 80 co- that a portion of the incidental catch operatives, according to the procedures allowance or ITAC assigned to the established under § 679.91(f). BSAI trawl limited access sector for (9) BSAI shortraker rockfish and each Amendment 80 species other than rougheye rockfish. After subtraction of Atka mackerel and Pacific cod is un- reserves, the TAC of shortraker rock- likely to be harvested, the Regional Administrator may issue inseason noti- fish and rougheye rockfish specified for fication in the FEDERAL REGISTER that the Aleutian Islands subarea will be al- reallocates that remaining amount to located 30 percent to vessels using non- Amendment 80 cooperatives, according trawl gear and 70 percent to vessels to the procedures established under using trawl gear. § 679.91(f). (10) Amendment 80 species except Pa- (11) All other groundfish TAC. The ini- cific cod and Atka mackerel—(i) ITAC al- tial TAC for each target species and location to the Amendment 80 and BSAI the ‘‘other species’’ category will be 85 trawl limited access sectors. The remain- percent of the TAC as provided under der of the TACs for each Amendment 80 paragraph (b) of this section. species other than Atka mackerel and (12) GOA Pacific cod TAC—(i) Seasonal Pacific cod, after subtraction of the allowances by sector. The Western and CDQ reserve and incidental catch al- Central GOA Pacific cod TACs will be lowance for the BSAI trawl limited ac- seasonally apportioned to each sector cess sector and vessels using non-trawl such that: 60 percent of the TAC is ap- gear, will be allocated as ITAC to the portioned to the A season and 40 per- Amendment 80 and BSAI trawl limited cent of the TAC is apportioned to the B access sectors. season, as specified in § 679.23(d)(3). (ii) Amendment 80 sector ITAC. The al- (A) Western GOA Regulatory Area—Jig location of ITAC for each Amendment sector. A portion of the annual Pacific 80 species other than Atka mackerel cod TAC will be allocated to vessels and Pacific cod to the Amendment 80 with an FFP that use jig gear, as deter- sector is established in Tables 33 and 34 mined in the annual harvest specifica- to this part. The allocation of these tion under paragraph (c)(7) of this sec- species to the Amendment 80 sector tion, before TAC is apportioned among will be further divided into separate al- other non-jig sectors. Other Pacific cod locations for each Amendment 80 coop- sector allowances are apportioned after erative and the Amendment 80 limited allocation to the jig sector based on access fishery as described under gear type and operation type as fol- § 679.91. lows:

Seasonal allowances Sector Gear type Operation type A season B season (in percent) (in percent)

(1) ...... Hook-and-Line ...... Catcher vessel ...... 0.70 0.70 (2) ...... Hook-and-Line ...... Catcher/Processor ...... 10.90 8.90 (3) ...... Trawl ...... Catcher vessel ...... 27.70 10.70 (4) ...... Trawl ...... Catcher/Processor ...... 0.90 1.50 (5) ...... Pot ...... Catcher Vessel and Catcher/Proc- 19.80 18.20 essor.

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Seasonal allowances Sector Gear type Operation type A season B season (in percent) (in percent)

(6) ...... Nontrawl ...... Any ...... 0.00 0.00

(B) Central GOA Regulatory Area—Jig tion, before TAC is apportioned among sector. A portion of the annual Pacific other non-jig sectors. Other Pacific cod cod TAC will be allocated to vessels sector allowances are apportioned after with an FFP that use jig gear, as deter- allocation to the jig sector based on mined in the annual harvest specifica- gear type, operation type, and length tion under paragraph (c)(7) of this sec- overall as follows:

Seasonal allowances Sector Gear type Operation type Length overall in feet A season B season (in percent) (in percent)

(1) ...... Hook-and-Line ...... Catcher vessel ...... <50 ...... 9.31552 5.28678 (2) ...... Hook-and-Line ...... Catcher vessel ...... ≥50 ...... 5.60935 1.09726 (3) ...... Hook-and-Line ...... Catcher/Processor ...... Any ...... 4.10684 0.99751 (4) ...... Trawl ...... Catcher vessel ...... Any ...... 21.13523 20.44888 (5) ...... Trawl ...... Catcher/Processor ...... Any ...... 2.00334 2.19451 (6) ...... Pot ...... Catcher Vessel and Catch- Any ...... 17.82972 9.97506 er/Processor. (7) ...... Nontrawl ...... Any ...... Any ...... 0.00 0.00

(ii) Reapportionment of TAC—(A) The B season shall be deducted from the B Regional Administrator may apply any season TAC apportionment for that underage or overage of Pacific cod har- sector. vest by each sector from one season to (B) Each license holder that is as- the subsequent season. In adding or signed an LLP license with a catcher/ subtracting any underages or overages processor operation type endorsement to the subsequent season, the Regional that is not assigned a catcher vessel Administrator shall consider the inci- operation type endorsement under the dental catch and any catch in the di- provisions at § 679.4(k)(10)(vii)(A) and rected fishery by each sector. (B) shall have all incidental and direct (B) If, during a fishing year, the Re- catch of Pacific cod deducted from the gional Administrator determines that catcher/processor sector allocation and a sector will be unable to harvest the gear type designation corresponding to entire amount of Pacific cod allocated the gear used by that vessel. to that sector under (a)(12)(i)(A) or (B) (C) Holders of catcher/processor li- of this section, the Regional Adminis- censes assigned a Western GOA CV en- trator will reallocate the projected un- dorsement, under the provisions at used amount of Pacific cod to other sectors through notification in the § 679.4(k)(10)(vii)(A) and (B), shall have all incidental and direct catch of Pa- FEDERAL REGISTER. Any reallocation decision by the Regional Administrator cific cod in the Western GOA deducted would consider a reallocation of the from the CV sector’s allocation and projected unused allocation to the CV gear type designation corresponding to sectors first, then to the combined CV the gear used by that vessel in the and C/P pot sector, and then to all Western GOA. other C/P sectors, taking into account (D) Holders of C/P licenses eligible to, the capability of a sector, as deter- and electing to receive a Central CV mined by the NMFS Alaska Regional endorsement, under the provisions at Administrator, to harvest the remain- § 679.4(k)(10)(vii)(A) and (B), shall have ing Pacific cod TAC. all incidental and direct catch of Pa- (iii) Catch accounting—(A) Incidental cific cod in the Central GOA deducted Pacific cod harvested between the clo- from the CV sector’s allocation and sure of the A season and opening of the gear type designation corresponding to

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the gear used by that vessel in the Cen- (ii) CDQ reserves—(A) Pollock CDQ re- tral GOA. serves—(1) Bering Sea. In the annual (E) NMFS shall determine the length harvest specifications required by overall of a vessel operating in the paragraph (c) of this section, 10 percent Central GOA based on the length over- of the Bering Sea subarea pollock TAC all designated on the FFP assigned to will be allocated to a CDQ reserve as a that vessel. directed fishing allowance. (iv) Processing caps for FFP licensed (2) Aleutian Islands subarea and vessels. In the Western GOA, no more Bogoslof District. In the annual harvest than 2 percent of the total Pacific cod specifications required by paragraph TAC allocated to the Western GOA reg- (c) of this section, 10 percent of the ulatory area can be delivered for proc- Aleutian Islands subarea and Bogoslof essing to vessels operating under the District pollock TACs will be allocated authority of an FFP. to a CDQ reserve as a directed fishing (v) Processing caps for FPP licensed allowance unless the Aleutian Islands vessels operating as CQE floating proc- subarea or Bogoslof District is closed essors. Harvesting vessels may deliver to directed fishing for pollock by regu- Pacific cod harvested in the directed lation. If the Aleutian Islands subarea Pacific cod TAC fishery, if the proc- and/or Bogoslof District is closed to di- essing vessel receiving the Pacific rected fishing for pollock by regula- cod— tion, then no pollock CDQ reserve will (A) Does not meet the definition of a be established for those areas and inci- stationary floating processor at § 679.2; dental harvest of pollock by CDQ (B) Is operating under the authority groups will accrue against the inci- of an FPP license endorsed as a CQE dental catch allowance for pollock es- floating processor; tablished under paragraph (C) Is located within the marine mu- (a)(5)(i)(A)(1) of this section. nicipal boundaries of a CQE commu- (B) Fixed gear sablefish CDQ reserves. nity in the State waters adjacent to Twenty percent of the hook-and-line or the Central or Western GOA as de- pot gear allocation of sablefish estab- scribed in Table 21 to this part; and lished under paragraphs (a)(4)(iii)(A) (D) The total amount of Pacific cod and (a)(4)(iv)(A) of this section will be received or processed by all CQE float- allocated to a CDQ reserve for each ing processors does not exceed— subarea. (1) 3 percent of the total Western (C) CDQ reserves for Amendment 80 spe- GOA Pacific cod TAC; or cies. An amount equal to 10.7 percent of (2) 3 percent of the total Central GOA the BSAI TACs for Atka mackerel, Pacific cod TAC. Aleutian Islands Pacific ocean perch, (b) Reserves—(1) BSAI—(i) Nonspecified yellowfin sole, rock sole, flathead sole, reserve. Fifteen percent of the BSAI and Pacific cod will be allocated to a TAC for each target species, except CDQ reserve for each of these species pollock, the hook-and-line and pot gear by management area, subarea, or dis- allocation for sablefish, and the trict. Amendment 80 species, which includes (D) CDQ reserves for other groundfish Pacific cod, is automatically placed in species. (1) An amount equal to 10.7 per- the nonspecified reserve before alloca- cent of the BSAI TACs for Bering Sea tion to any sector. The remaining 85 Greenland turbot and arrowtooth percent of each TAC is apportioned to flounder, and 7.5 percent of the trawl the initial TAC for each target species gear allocation of sablefish in the BS that contributed to the nonspecified re- and AI is apportioned from the non- serve. The nonspecified reserve is not specified reserve established under designated by species or species group. paragraph (b)(1)(i) of this section to a Any amount of the nonspecified reserve CDQ reserve for each of these species may be apportioned to target species by management area, subarea, or dis- that contributed to the nonspecified re- trict. serve, provided that such apportion- (2) For all other groundfish species ments are consistent with paragraph not specifically listed in paragraphs (a)(3) of this section and do not result (b)(1)(ii)(A) through (b)(1)(ii)(D)(1) of in overfishing of a target species. this section, an amount equal to 10.7

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percent of the BSAI TAC will be appor- (i) Pollock inshore-offshore reapportion- tioned to a CDQ reserve if NMFS, after ment. Any amounts of the GOA reserve consultation with the Council and in that are reapportioned to pollock as consideration of public comment, de- provided by paragraph (b) of this sec- termines in the annual harvest speci- tion must be apportioned for proc- fications process under paragraph (c) of essing by the inshore component in the this section that a directed fishery in GOA and the offshore component in the the BSAI exists for this species under GOA in the same proportions specified section 305(i)(1)(B)(i) of the Magnuson- in paragraph (a)(6)(i) of this section. Stevens Act. In making this deter- (ii) Pacific cod reapportionment. Any mination, the Council and NMFS shall amounts of the GOA reserve that are consider whether sufficient TAC exists reapportioned to the GOA Pacific cod to open a directed fishery for that spe- fishery as provided by paragraph (b) of cies in the BSAI and that this species this section must be apportioned in the or species group is economically viable same proportion specified in para- for the CDQ group to target. graphs (a)(6)(ii) and (a)(12)(i) of this (iii) ABC reserves. (A) ABC reserves section. are annually established for flathead (3) Apportionment of reserves. (i) Notifi- sole, rock sole, and yellowfin sole. For cation. (A) As soon as practicable after each flatfish species, the ABC reserve April 1, June 1, and August 1, and on is calculated as an amount less than or such other dates as NMFS determines equal to the ABC surplus. NMFS, after appropriate, NMFS will, by notifica- consultation with the Council, may set tion in the FEDERAL REGISTER, appor- the ABC reserve for flathead sole, rock tion all or part of the BSAI or GOA re- sole, or yellowfin sole below the ABC serve in accordance with this para- surplus for that species based on social, graph (b). economic, or ecological considerations. (B) No apportionment, retention, or (B) CDQ ABC reserves. An amount PSC limit adjustment may take effect equal to 10.7 percent of the ABC re- until notification has been published in serves for flathead sole, rock sole, and the FEDERAL EGISTER yellowfin sole will be allocated to a R with a state- CDQ ABC reserve. The CDQ ABC re- ment of the findings upon which the serves will be: apportionment, retention, or adjust- (1) Calculated during the annual har- ment is based. vest specifications described at para- (ii) Apportionment—(A) General. Ex- graph (c) of this section, as allocations cept as provided in paragraph to CDQ groups; and (b)(3)(ii)(B) of this section, NMFS will (2) Allocated to each CDQ group as apportion the amount of BSAI or GOA described under § 679.31(b)(4). reserve that will be harvested by U.S. (C) Amendment 80 ABC reserves. vessels during the remainder of the Amendment 80 ABC reserves shall be year. calculated as the ABC reserves de- (B) Exception. Part or all of the BSAI scribed under paragraph (b)(1)(iii)(A) of or GOA reserve may be withheld if an this section as reduced by the CDQ apportionment would adversely affect ABC reserves under paragraph the conservation of groundfish re- (b)(1)(iii)(B) of this section. The sources or prohibited species. Amendment 80 ABC reserves will be: (iii) Public comment—(A) Prior com- (1) Calculated during the annual har- ment. NMFS will provide all interested vest specifications described at para- persons an opportunity to comment on graph (c) of this section, as allocations the proposed apportionments, reten- to Amendment 80 cooperatives; and tions, or PSC limit adjustments under (2) Allocated to each Amendment 80 this paragraph (b) before such appor- cooperative as described under tionments, retentions, or adjustments § 679.91(i)(2). are made, unless NMFS finds that (2) GOA. Initial reserves are estab- there is good cause for not providing a lished for pollock, Pacific cod, flatfish, prior comment opportunity, and pub- octopuses, sharks, and sculpins, which lishes the reasons therefor in the noti- are equal to 20 percent of the TACs for fication of apportionment, retention, these species or species groups. or adjustment.

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(B) Submittal dates. Comments pro- target species and apportionments vided for in this paragraph (b)(3)(iii) thereof, PSQ reserves and prohibited must be received by NMFS not later species catch allowances, seasonal al- than 5 days before April 1, June 1, and lowances of pollock, Pacific cod, and August 1, or other dates that may be Atka mackerel TAC (including pollock, specified. Pacific cod, and Atka mackerel CDQ), (C) Subsequent comment. If NMFS de- and CDQ reserves. termines for good cause that notifica- (B) The proposed harvest specifica- tion of apportionment, retention or tions will specify for up to two fishing PSC limit adjustment must be issued years the ABC surpluses, ABC reserves, without providing interested persons a CDQ ABC reserves, CDQ ABC reserves prior opportunity for public comment, for each CDQ group, Amendment 80 comments on the apportionment, re- ABC reserves, and Amendment 80 ABC tention or adjustment will be received reserves for each Amendment 80 coop- for a period of 15 days after its effective erative for flathead sole, rock sole, and date. yellowfin sole. (D) Response to comments. NMFS will (2) [Reserved] consider all timely comments in decid- (3) Final specifications—(i) Procedure ing whether to make a proposed appor- and notification. NMFS will consider tionment, retention, or PSC limit ad- comments received on the proposed justment or to modify an apportion- specifications and, after consultation ment, retention, or adjustment that with the Council, will publish a notice previously has been made, and shall of final specifications in the FEDERAL publish responses to those comments in REGISTER unless NMFS determines the FEDERAL REGISTER as soon as prac- that the final specifications would not ticable. be a logical outgrowth of the notice of (E) Data available. The Regional Ad- proposed specifications. In that event, ministrator will make available to the NMFS will either: public during business hours the aggre- gate data upon which any preliminary (A) Publish a revised notice of pro- TAC or PSC limit figure is based or the posed specifications in the FEDERAL data upon which any apportionment or REGISTER for public comment, and retention of surplus or reserve, or PSC after considering comments received limit adjustment was or is proposed to on the revised proposed specifications, be based. These data will be available publish a notice of final specifications for a sufficient period to facilitate in- in the FEDERAL REGISTER; or formed comment by interested persons. (B) Publish a notice of final specifica- (c) Annual specifications—(1) Proposed tions in the FEDERAL REGISTER without specifications—(i) Notification. As soon an additional opportunity for public as practicable after consultation with comment based on a finding that good the Council, NMFS will publish pro- cause pursuant to the Administrative posed specifications for the groundfish Procedure Act justifies waiver of the fisheries in the BSAI and the GOA. requirement for a revised notice of pro- (ii) Public comment. NMFS will accept posed specifications and opportunity public comment on the proposed speci- for public comment thereon. fications established by this section (ii) GOA. The final specifications will and by § 679.21 for a period specified in specify for up to two fishing years the the notice of proposed specifications annual TAC for each target species and published in the FEDERAL REGISTER. apportionments thereof, halibut pro- (iii) GOA. The proposed specifications hibited species catch amounts, and sea- will specify for up to two fishing years sonal allowances of pollock and Pacific the annual TAC for each target species cod. and apportionments thereof, halibut (iii) BSAI. (A) The final harvest spec- prohibited species catch amounts, and ifications will specify for up to two seasonal allowances of pollock and Pa- fishing years the annual TAC for each cific cod. target species and apportionments (iv) BSAI. (A) The proposed harvest thereof, PSQ reserves and prohibited specifications will specify for up to two species catch allowances, seasonal al- fishing years the annual TAC for each lowances of pollock (including pollock,

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Pacific cod, and Atka mackerel CDQ), graph (c) of this section has been or and CDQ reserves. will be reached, the Regional Adminis- (B) The final harvest specifications trator may establish a directed fishing will specify for up to two fishing years allowance for that species or species the annual ABC surpluses, ABC re- group. serves, CDQ ABC reserves, CDQ ABC (ii) Specified fishery amounts—(A) reserves for each CDQ group, Amend- Inseason adjustments. The category allo- ment 80 ABC reserves, and Amendment cations or apportionments established 80 ABC reserves for each Amendment 80 under paragraph (c) of this section may cooperative for flathead sole, rock sole, be revised by inseason adjustments, as and yellowfin sole. defined at § 679.25, for a given species or (4) AFA and inshore/offshore alloca- species group or pollock allowance, as tions—(i) BSAI pollock. The annual har- identified by regulatory area, subarea, vest specifications will specify the allo- or district, and, if applicable, as fur- cation of pollock for processing by ther identified by gear type. each AFA industry component in the (B) Incidental catch. In establishing a BSAI, and any seasonal allowances directed fishing allowance, the Re- thereof, as authorized under paragraph gional Administrator shall consider the (a)(5) of this section. amount of the allocation or apportion- (ii) GOA pollock. The annual harvest ment established under paragraph (c) specifications will specify the alloca- of this section that will be taken as in- tion of GOA pollock for processing by cidental catch in directed fishing for the inshore component in the GOA and other species in the same subarea, reg- the offshore component in the GOA, ulatory area, or district. and any seasonal allowances thereof, as (iii) Directed fishing closure—(A) Noti- authorized under paragraphs (a)(5) and fication. If the Regional Administrator (a)(6) of this section. establishes a directed fishing allowance (iii) Eastern GOA Pacific cod. The an- for a fishery allocation or apportion- nual harvest specifications will specify ment under this paragraph (d), and the allocation of Eastern GOA Pacific that allowance has been or will be cod for processing by the inshore com- reached before the end of the fishing ponent and the offshore component, season or year, NMFS will publish no- and any seasonal allowances thereof, as tification in the FEDERAL REGISTER authorized under paragraph (a)(6) of prohibiting directed fishing in the this section. specified subarea, regulatory area, or (5) BSAI Pacific cod gear allocations. district. The proposed and final specifications (B) Retention of incidental species. Ex- will specify the allocation of BSAI Pa- cept as described in § 679.20(e)(3)(iii), if cific cod among gear types as author- directed fishing for a target species or ized under paragraph (a)(7) of this sec- species group is prohibited, a vessel tion. may not retain that incidental species (6) BSAI Atka mackerel allocations. in an amount that exceeds the max- The proposed and final harvest speci- imum retainable amount, as calculated fications will specify the allocation of under paragraphs (e) and (f) of this sec- BSAI Atka mackerel among gear types tion, at any time during a fishing trip. as authorized under paragraph (a)(8) of (iv) AFA sideboard limitations—(A) If this section. the Regional Administrator determines (7) Western and Central GOA Pacific that any sideboard harvest limit for a cod allocations. The proposed and final group of AFA vessels established under harvest specifications will specify the § 679.64 has been or will be reached, the allocation of GOA Pacific cod among Regional Administrator may establish gear types and any seasonal allowances a sideboard directed fishing allowance thereof, as authorized under paragraph for the species or species group applica- (a)(12) of this section. ble only to the identified group of AFA (d) Fishery closures—(1) Directed fish- vessels. ing allowance—(i) General. If the Re- (B) In establishing a directed fishing gional Administrator determines that allowance under paragraph (d)(1)(iv)(A) any allocation or apportionment of a of this section, the Regional Adminis- target species specified under para- trator will consider the amount of the

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sideboard limit established for a group son applicable to the Amendment 80 of AFA vessels under § 679.64 that will vessels to which the halibut PSC limit be taken as incidental catch by those applies. vessels in directed fishing for other (B) If the Regional Administrator de- species. termines that a halibut PSC sideboard (C) If the Regional Administrator de- limit is insufficient to support a di- termines that a sideboard amount is rected fishery for a species or species insufficient to support a directed fish- group, management area, and season as ery for that species then the Regional specified in Table 38 to this part then Administrator may set the sideboard the Regional Administrator may set directed fishing allowance at zero for the halibut PSC sideboard limit for that species or species group. that species or species group to zero for (D) Species or species groups for the Amendment 80 vessels to which the which directed fishing for sideboard halibut PSC limit applies. limits by AFA vessels is prohibited are (C) Upon determining that a halibut listed in Tables 54, 55, and 56 to this PSC sideboard limit for a species or part. species group, management area, and (v) Amendment 80 GOA sideboard lim- season as specified in Table 38 to this its—GOA groundfish. (A) If the Regional part is or will be reached, the Regional Administrator determines that a GOA Administrator will publish notification sideboard limit for a GOA groundfish in the FEDERAL REGISTER prohibiting species as described under Table 37 to directed fishing for a specific species or this part is sufficient to support a di- species group by the Amendment 80 rected fishing allowance for that spe- vessels to which the halibut PSC limit cies, the Regional Administrator may applies as follows: establish a directed fishing allowance (1) If the halibut PSC sideboard limit for the species applicable only to is reached for the deep-water species Amendment 80 vessels subject to the fishery as defined in § 679.21(d)(3)(iii)(B) GOA groundfish sideboard limit. for a season, then NMFS will close di- (B) If the Regional Administrator de- rected fishing in the GOA for all spe- termines that a GOA groundfish cies in the deep-water species fishery sideboard limit as described under except northern rockfish, Pacific ocean Table 37 to this part is insufficient to perch, and pelagic shelf rockfish in the support a directed fishing allowance by Central GOA for that season. Amendment 80 vessels for that species, (2) If the halibut PSC sideboard limit then the Regional Administrator may is reached for the shallow-water species set the directed fishing allowance to fishery as defined in § 679.21(d)(3)(iii)(A) zero for that species for Amendment 80 for a season, then NMFS will close di- vessels. rected fishing in the GOA for all spe- (C) Upon determining that a GOA cies in the shallow-water species fish- sideboard limit as described under ery for that season. Table 37 to this part for a species is or (2) Groundfish as prohibited species clo- will be reached, the Regional Adminis- sure. When the Regional Administrator trator will publish notification in the determines that the TAC of any target FEDERAL REGISTER prohibiting directed species specified under paragraph (c) of fishing for that species by the Amend- this section, or the share of any TAC ment 80 vessels to which the GOA assigned to any type of gear, has been sideboard limit applies. or will be achieved prior to the end of (vi) Amendment 80 GOA sideboard lim- a year, NMFS will publish notification its—halibut PSC. (A) If the Regional Ad- in the FEDERAL REGISTER requiring ministrator determines that a GOA that target species be treated in the sideboard limit for halibut PSC is suffi- same manner as a prohibited species, cient to support a directed fishery for a as described under § 679.21(a), for the re- species or species group, management mainder of the year. area, and season specified in Table 38 (3) Overfishing closure—(i) Notification. to this part, then the Regional Admin- If, in making a determination under istrator may establish a halibut PSC paragraph (d)(2) of this section, the Re- sideboard limit for that species or spe- gional Administrator also determines cies group, management area, and sea- that fishing for other target species or

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species groups in the area, district or of the projected unfished spawning bio- part thereof where the notification ap- mass during a fishing year. plies, may lead to the overfishing of (e) Maximum retainable amounts the species or species group for which (MRA)—(1) Proportion of basis species. the allocation or apportionment has The maximum retainable amount of an been or will be reached, NMFS will incidental catch species is calculated publish notification in the FEDERAL as a proportion of the basis species re- REGISTER specifying limitations or pro- tained on board the vessel using: hibitions designed to prevent over- (i) The retainable percentages in fishing of that species or species group. Table 10 to this part for the GOA spe- (ii) Limitations and prohibitions. These cies categories (except the Rockfish limitations and prohibitions may pro- Program fisheries, which are described hibit directed fishing for other species in Table 30 to this part for the Rock- or species groups in the area, district, fish Program fisheries); and or part thereof where the notification (ii) Table 11 to this part for the BSAI applies, or may limit time, area, or species categories. gear types that may be used in directed (2) Calculation. (i) To calculate the fishing for the other species or species maximum retainable amount for a spe- groups. cific incidental catch species, an indi- (iii) Factors to be considered. When vidual retainable amount must be cal- making the determinations specified culated with respect to each basis spe- under paragraphs (d)(1), (d)(2), and cies that is retained on board that ves- (d)(3) of this section, the Regional Ad- sel. ministrator may consider allowing (ii) To obtain these individual fishing to continue or resume with cer- retainable amounts, multiply the ap- tain gear types or in certain areas and propriate retainable percentage for the incidental catch species/basis species times based on findings of: combination, set forth in Table 10 to (A) The risk of biological harm to a this part for the GOA species cat- groundfish species or species group for egories (except the Rockfish Program which the TAC or PSC limit is or will fisheries, which are described in Table be reached. 30 to this part for the Rockfish Pro- (B) The risk of socioeconomic harm gram fisheries), and Table 11 to this to authorized users of the groundfish part for the BSAI species categories, by for which the TAC or PSC limit will be the amount of that basis species, in or has been reached. round-weight equivalents. (C) The impact that the continued (iii) The maximum retainable closure might have on the socio- amount for that specific incidental economic well-being of other domestic catch species is the sum of the indi- fisheries. vidual retainable amount. (4) Harvest control for pollock, Atka (3) Application. (i) For catcher ves- mackerel, and Pacific cod. If a biological sels, the maximum retainable amount assessment of stock condition for pol- for vessels fishing during a fishing trip lock, Pacific cod, or Atka mackerel in areas closed to directed fishing is within an area projects that the spawn- the lowest maximum retainable ing biomass in that area will be equal amount applicable in any area, and to or below 20 percent of the projected this maximum retainable amount must unfished spawning biomass during a be applied at any time and to all areas fishing year, the Regional Adminis- for the duration of the fishing trip. trator will prohibit the directed fishery (ii) For catcher/processors fishing in for the relevant species within the an area closed to directed fishing for a area. The Regional Administrator will species or species group, the maximum prohibit the directed fishery under this retainable amount for that species or paragraph by notification published in species group applies at any time for the FEDERAL REGISTER. The directed the duration of the fishing trip. fishery will remain closed until a sub- (iii) For all vessels not listed in sub- sequent biological assessment projects part F of this section, the maximum that the spawning biomass for the spe- retainable amount for pollock har- cies in the area will exceed 20 percent vested in the BSAI is calculated at the

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end of each offload and is based on the (ii) Determinations of allowable re- basis species harvested since the pre- tention of pollock roe will be based on vious offload. For purposes of this amounts of pollock harvested, re- paragraph, offload means the removal ceived, or processed during a single of any fish or fish product from the fishing trip. vessel that harvested the fish or fish (iii) Pollock or pollock products from product to any other vessel or to shore. previous fishing trips that are retained (iv) The maximum retainable amount on board a vessel may not be used to for groundfish harvested in the Central determine the allowable retention of GOA by a catcher/processor vessel fish- pollock roe for that vessel. ing under a rockfish CQ permit is cal- (2) Primary product. (i) For purposes culated at the end of each weekly re- porting period, and is based on the of this paragraph (g), only one primary basis species defined in Table 30 har- pollock product per fish, other than vested since the previous weekly re- roe, may be used to calculate the porting period, or for any portion of a round-weight equivalent. weekly reporting period that vessel (ii) A primary pollock product that was designated under a vessel check-in contains roe (such as headed and gut- as specified in § 679.5(r)(8). ted pollock with roe) may not be used (v) For all vessels not listed in sub- to calculate the round-weight equiva- part F of this section, the maximum lent of pollock. retainable amount for Atka mackerel (iii) The primary pollock product harvested in the Bering Sea subarea is must be distinguished from ancillary calculated at the end of each offload pollock products in eLandings required and is based on the basis species har- under § 679.5(e)(9)(i)(D) and vested since the previous offload. For § 679.5(e)(10)(iii)(H) (see also Table 1c to purposes of this paragraph, offload this part). means the removal of any fish or fish (3) Pollock product recovery rates product from the vessel that harvested (PRRs). Use the product types and the fish or fish product to any other standard PRRs for pollock found in vessel or to shore. Table 3 to this part to calculate round- (f) Directed fishing calculations and de- weight equivalents for pollock for pur- terminations—(1) Round-weight equiva- lents. Any determination concerning di- poses of this paragraph (g). rected fishing, the amount or percent- (4) Calculation of retainable pollock age of any species, species group, or roe—(i) Round-weight equivalent. (A) To any fish or fish products must be cal- calculate the amount of pollock roe culated in round-weight equivalents. that can be retained on board during a (2) Retainable amounts. Any ground- fishing trip, first calculate the round- fish species for which directed fishing weight equivalent by dividing the total is closed may not be used to calculate amount of primary product on board by retainable amounts of other groundfish the appropriate PRR. species. Only fish harvested under the (B) To determine the maximum CDQ Program may be used to calculate amount of pollock roe that can be re- retainable amounts of other CDQ spe- tained on board a vessel during the cies. same fishing trip, multiply the round- (g) Allowable retention of pollock roe— weight equivalent by 0.07 in the Gulf of (1) Percentage of pollock roe. (i) Pollock Alaska or 0.09 in the Bering Sea and roe retained on board a vessel at any Aleutian Islands. time during a fishing trip must not ex- (C) Pollock roe retained on board ceed the following percentages of the from previous fishing trips will not be total round-weight equivalent of pol- counted. lock, as calculated from the primary pollock product on board the vessel (ii) Two or more products from different during the same fishing trip: fish. (A) If two or more products, other (A) 7 percent in the Gulf of Alaska, than roe, are made from different fish, and round-weight equivalents are cal- (B) 9 percent in the Bering Sea and culated separately for each product. Aleutian Islands.

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(B) To determine the maximum (iv) Any adjustment of a PRR that amount of pollock roe that can be re- acts to further restrict the fishery will tained on board a vessel during a fish- not be effective until 30 days after the ing trip, add the round-weight equiva- date of publication in the FEDERAL lents together; then, multiply the sum REGISTER. by 0.07 in the Gulf of Alaska or 0.09 in (v) If NMFS makes any adjustment the Bering Sea and Aleutian Islands. or announcement without providing a (iii) Two or more products from same prior notification and opportunity for fish. If two or more products, other prior public comment, the Regional than roe, are made from the same fish, Administrator will receive public com- the maximum amount of pollock roe ments on the adjustment or announce- that can be retained during a fishing ment for a period of 15 days from the trip is determined from the primary date of publication in the FEDERAL product. REGISTER. (5) Primary pollock product—(i) Process (i) Forage fish, grenadiers, and squids— prior to transfer. Any primary pollock (1) Definition. See Table 2c to this part. product used to calculate retainable (2) Applicability. The provisions of amounts of pollock roe must be frozen, § 679.20(i) apply to all vessels fishing for canned, or reduced to meal by the ves- groundfish in the BSAI or GOA, and to sel retaining the pollock roe prior to all vessels processing groundfish har- any transfer of the product to another vested in the BSAI or GOA. vessel. (3) Closure to directed fishing. Directed (ii) No discard of processed product. fishing for forage fish, grenadiers, and Any pollock product that has been squids is prohibited at all times in the processed may not be discarded at sea BSAI and GOA. unless such discarding is necessary to (4) Limits on sale, barter, trade, and meet other requirements of this part. processing. The sale, barter, trade, or (h) Standard product types and stand- processing of forage fish, grenadiers, ard PRRs—(1) Calculating round-weight and squids is prohibited, except as pro- equivalents from standard PRRs. Round- vided in paragraph (i)(5) of this section. weight equivalents for groundfish prod- (5) Allowable fishmeal production. Re- ucts are calculated using the product tained catch of forage fish, grenadiers, codes and standard PRRs specified in or squids not exceeding the maximum Table 3 to this part. retainable amount may be processed (2) Adjustments. The Regional Admin- into fishmeal for sale, barter, or trade. istrator may adjust standard PRRs and (j) Full retention of Demersal Shelf product types specified in Table 3 to Rockfish (DSR) in the Southeast Outside this part if he or she determines that District of the GOA (SEO)—(1) Retention existing standard PRRs are inaccurate and landing requirements. The operator or if new product types are developed. of a catcher vessel that is required to (i) Adjustments to any standard PRR have a Federal fisheries permit, or that listed in Table 3 to this part that are harvests IFQ halibut with hook and within and including 15 percent of that line or jig gear, must retain and land standard PRR may be made without all DSR that is caught while fishing for providing notification and opportunity groundfish or IFQ halibut in the SEO. for prior public comment. (2) Disposal of DSR when closed to di- (ii) Adjustments of any standard rected fishing. When DSR is closed to di- PRR during a calendar year, when ag- rected fishing in the SEO, the operator gregated with all other adjustments of a catcher vessel that is required to made during that year, will not exceed have a Federal fisheries permit under 15 percent of the standard PRR listed § 679.4 (b), or the manager of a shoreside in Table 3 to this part at the beginning processor that is required to have a of that calendar year. Federal processor permit under (iii) No new product type will be an- § 679.4(f), must dispose of DSR retained nounced until NMFS publishes the pro- and landed in accordance with para- posed adjustment and/or new product graph (j)(1) of this section as follows: type in the FEDERAL REGISTER and pro- (i) A person may sell, barter, or trade vides the public with at least 30 days a round weight equivalent amount of opportunity for public comment. DSR that is less than or equal to 10

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percent of the aggregate round weight (4) Prohibited species taken seaward of equivalent of IFQ halibut and ground- the EEZ off Alaska. No vessel fishing for fish species, other than sablefish, that groundfish in the GOA or BSAI may are landed during the same fishing trip. have on board any species listed in this (ii) A person may sell, barter, or paragraph (a) that was taken in waters trade a round weight equivalent seaward of these management areas, amount of DSR that is less than or regardless of whether retention of such equal to 1 percent of the aggregate species was authorized by other appli- round weight equivalent of IFQ sable- cable laws. fish that are landed during the same (5) Sablefish as a prohibited species. fishing trip. (See § 679.24(c)(2)(ii).) (iii) Amounts of DSR retained by (6) Addresses. Unless otherwise speci- catcher vessels under paragraph (j)(1) fied, submit information required of this section that are in excess of the under this section to NMFS as follows: limits specified in paragraphs (j)(2)(i) by mail to the Regional Administrator, and (ii) may be put to any use, includ- NMFS, P.O. Box 21668, Juneau, AK ing but not limited to personal con- 99802; by courier to the Office of the sumption or donation, but must not Regional Administrator, 709 West 9th enter commerce through sale, barter, St., Juneau, AK 99801; or by fax to 907– or trade. 586–7465. Forms are available on the [61 FR 31230, June 19, 1996] NMFS Alaska Region Web site (http:// alaskafisheries.noaa.gov/). EDITORIAL NOTE: For FEDERAL REGISTER ci- (b) BSAI halibut PSC limits—(1) Estab- tations affecting § 679.20, see the List of CFR Sections Affected, which appears in the lishment of BSAI halibut PSC limits. Sub- Finding Aids section of the printed volume ject to the provisions in paragraphs and at www.govinfo.gov. (b)(1)(i) through (iv) of this section, the following four BSAI halibut PSC limits § 679.21 Prohibited species bycatch are established, which total 3,515 mt: management. Amendment 80 sector—1,745 mt; BSAI (a) General. (1) See § 679.2 and Table 2b trawl limited access sector—745 mt; to this part for definition of prohibited BSAI non-trawl sector—710 mt; and species. CDQ Program—315 mt (established as a (2) Prohibited species catch restrictions. PSQ reserve). The operator of each vessel engaged in (i) Amendment 80 sector. The PSC directed fishing for groundfish in the limit of halibut caught while con- GOA or BSAI must: ducting any fishery in the Amendment (i) Minimize its catch of prohibited 80 sector is an amount of halibut equiv- species. alent to 1,745 mt of halibut mortality. (ii) After allowing for sampling by an Halibut PSC limits within the Amend- observer, if an observer is aboard, sort ment 80 sector will be established for its catch immediately after retrieval of Amendment 80 cooperatives and the the gear and, except for salmon prohib- Amendment 80 limited access fishery ited species catch in the BS pollock according to the procedure and for- fisheries and GOA groundfish fisheries mulae in § 679.91(d) and (f). If halibut under paragraph (f) or (h) of this sec- PSC is assigned to the Amendment 80 tion, or any prohibited species catch as limited access fishery, it will be appor- provided (in permits issued) under the tioned into PSC allowances for trawl PSD program at § 679.26, return all pro- fishery categories according to the pro- hibited species, or parts thereof, to the cedure in paragraphs (b)(1)(ii)(A)(2) and sea immediately, with a minimum of (3) of this section. injury, regardless of its condition. (ii) BSAI trawl limited access sector— (3) Rebuttable presumption. Except as (A) General. (1) The PSC limit of hal- provided under paragraphs (f) and (h) of ibut caught while conducting any fish- this section and § 679.26, there will be a ery in the BSAI trawl limited access rebuttable presumption that any pro- sector is an amount of halibut equiva- hibited species retained on board a lent to 745 mt of halibut mortality. fishing vessel regulated under this part (2) NMFS, after consultation with was caught and retained in violation of the Council, will apportion the PSC this section. limit set forth under paragraph

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(b)(1)(ii)(A)(1) of this section into PSC sole fishery as defined under paragraph allowances for the trawl fishery cat- (b)(1)(ii)(B)(2)(i) of this section. egories defined in paragraphs (3) Greenland turbot/arrowtooth floun- (b)(1)(ii)(B)(1) through (6) of this sec- der/Kamchatka flounder/sablefish fishery. tion. Fishing with trawl gear during any (3) Apportionment of the trawl hal- weekly reporting period that results in ibut PSC limit set forth under para- a retained aggregate amount of Green- graph (b)(1)(ii)(A)(1) of this section land turbot, arrowtooth flounder, among the trawl fishery categories will Kamchatka flounder, and sablefish be based on each category’s propor- that is greater than the retained tional share of the anticipated halibut amount of any other fishery category PSC during a fishing year and the need defined under this paragraph to optimize the amount of total (b)(1)(ii)(B). groundfish harvested under the halibut (4) Rockfish fishery. Fishing with PSC limit for this sector. trawl gear during any weekly reporting (4) The sum of all PSC allowances for period that results in a retained aggre- this sector will equal the PSC limit set gate amount of rockfish species that is forth under paragraph (b)(1)(ii)(A)(1) of greater than the retained amount of this section. any other fishery category defined under this paragraph (b)(1)(ii)(B). (B) Trawl fishery categories. For pur- (5) Pacific cod fishery. Fishing with poses of apportioning the trawl PSC trawl gear during any weekly reporting limit set forth under paragraph period that results in a retained aggre- (b)(1)(ii)(A)(1) of this section among gate amount of Pacific cod that is trawl fisheries, the following fishery greater than the retained amount of categories are specified and defined in any other groundfish fishery category terms of round-weight equivalents of defined under this paragraph those groundfish species or species (b)(1)(ii)(B). groups for which a TAC has been speci- (6) Pollock/Atka mackerel/‘‘other spe- fied under § 679.20. cies.’’ Fishing with trawl gear during (1) Midwater pollock fishery. Fishing any weekly reporting period that re- with trawl gear during any weekly re- sults in a retained aggregate amount of porting period that results in a catch pollock other than pollock harvested in of pollock that is 95 percent or more of the midwater pollock fishery defined the total amount of groundfish caught under paragraph (b)(1)(ii)(B)(1) of this during the week. section, Atka mackerel, and ‘‘other (2) Flatfish fishery. Fishing with trawl species’’ that is greater than the re- gear during any weekly reporting pe- tained amount of any other fishery cat- riod that results in a retained aggre- egory defined under this paragraph gate amount of rock sole, ‘‘other flat- (b)(1)(ii)(B). fish,’’ and yellowfin sole that is greater (C) Halibut PSC in midwater pollock than the retained amount of any other fishery. Any amount of halibut that is fishery category defined under this incidentally taken in the midwater paragraph (b)(1)(ii)(B). pollock fishery, as defined in paragraph (i) Yellowfin sole fishery. Fishing with (b)(1)(ii)(B)(1) of this section, will be trawl gear during any weekly reporting counted against the halibut PSC allow- period that is defined as a flatfish fish- ance specified for the pollock/Atka ery under this paragraph (b)(1)(ii)(B)(2) mackerel/‘‘other species’’ category, as and results in a retained amount of defined in paragraph (b)(1)(ii)(B)(6) of yellowfin sole that is 70 percent or this section. more of the retained aggregate amount (iii) BSAI Non-trawl Sector—(A) Gen- of rock sole, ‘‘other flatfish,’’ and yel- eral. (1) The PSC limit of halibut lowfin sole. caught while conducting any fishery in (ii) Rock sole/flathead sole/Alaska the BSAI non-trawl sector is an plaice/‘‘other flatfish’’ fishery. Fishing amount of halibut equivalent to 710 mt with trawl gear during any weekly re- of halibut mortality. porting period that is defined as a flat- (2) NMFS, after consultation with fish fishery under this paragraph the Council, will apportion the PSC (b)(1)(ii)(B)(2) and is not a yellowfin limit set forth under paragraph

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(b)(1)(iii)(A)(1) into PSC allowances for results in a retained catch of ground- the non-trawl fishery categories de- fish and does not qualify as a Pacific fined under paragraph (b)(1)(iii)(B) of cod hook-and-line catcher vessel fish- this section. ery, a Pacific cod hook-and-line catch- (3) Apportionment of the non-trawl er/processor fishery, a sablefish hook- halibut PSC limit of 710 mt among the and-line fishery, a jig gear fishery, or a non-trawl fishery categories will be groundfish pot gear fishery as defined based on each category’s proportional under paragraphs (b)(1)(iii)(B)(1) share of the anticipated halibut PSC through (5) of this section. during a fishing year and the need to (iv) CDQ Program. The PSC limit of optimize the amount of total ground- halibut caught while conducting any fish harvested under the halibut PSC fishery in the CDQ Program is an limit for this sector. amount of halibut equivalent to 315 mt (4) The sum of all PSC allowances for of halibut mortality. The PSC limit to this sector will equal the PSC limit set the CDQ Program will be treated as a forth under paragraph (b)(1)(iii)(A)(1) of Prohibited Species Quota (PSQ) reserve this section. to the CDQ Program for all purposes (B) Non-trawl fishery categories. For under 50 CFR part 679 including §§ 679.31 purposes of apportioning the non-trawl and 679.7(d)(3). The PSQ limit is not ap- halibut PSC limit among fisheries, the portioned by gear, fishery, or season. following fishery categories are speci- (2) Seasonal apportionments of BSAI fied and defined in terms of round- halibut PSC allowances—(i) General. weight equivalents of those BSAI NMFS, after consultation with the groundfish species for which a TAC has Council, may apportion a halibut PSC been specified under § 679.20. allowance on a seasonal basis. (1) Pacific cod hook-and-line catcher (ii) Factors to be considered. NMFS vessel fishery. Catcher vessels fishing will base any seasonal apportionment with hook-and-line gear during any of a PSC allowance on the following weekly reporting period that results in types of information: a retained catch of Pacific cod that is (A) Seasonal distribution of prohib- greater than the retained amount of ited species; any other groundfish species. (B) Seasonal distribution of target (2) Pacific cod hook-and-line catcher/ groundfish species relative to prohib- processor fishery. Catcher/processors ited species distribution; fishing with hook-and-line gear during (C) Expected PSC needs on a seasonal any weekly reporting period that re- basis relevant to change in prohibited sults in a retained catch of Pacific cod species biomass and expected catches that is greater than the retained of target groundfish species; amount of any other groundfish spe- (D) Expected variations in PSC rates cies. throughout the fishing year; (3) Sablefish hook-and-line fishery. (E) Expected changes in directed Fishing with hook-and-line gear during groundfish fishing seasons; any weekly reporting period that re- (F) Expected start of fishing effort; sults in a retained catch of sablefish or that is greater than the retained (G) Economic effects of establishing amount of any other groundfish spe- seasonal prohibited species apportion- cies. ments on segments of the target (4) Groundfish jig gear fishery. Fishing groundfish industry. with jig gear during any weekly report- (iii) Seasonal trawl fishery PSC allow- ing period that results in a retained ances—(A) Unused seasonal apportion- catch of groundfish. ments. Unused seasonal apportionments (5) Groundfish pot gear fishery. Fishing of trawl fishery PSC allowances made with pot gear under restrictions set under paragraph (b)(2) of this section forth in § 679.24(b) during any weekly will be added to its respective fishery reporting period that results in a re- PSC allowance for the next season dur- tained catch of groundfish. ing a current fishing year. (6) Other non-trawl fisheries. Fishing (B) Seasonal apportionment exceeded. If for groundfish with non-trawl gear dur- a seasonal apportionment of a trawl ing any weekly reporting period that fishery PSC allowance made under

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paragraph (b)(2) of this section is ex- is reached, only directed fishing for ceeded, the amount by which the sea- pollock is closed to trawl vessels using sonal apportionment is exceeded will nonpelagic trawl gear. be deducted from its respective appor- (B) Closures. Except as provided in tionment for the next season during a paragraph (b)(4)(i)(A) of this section, if, current fishing year. during the fishing year, the Regional (iv) Seasonal non-trawl fishery PSC al- Administrator determines that U.S. lowances—(A) Unused seasonal appor- fishing vessels participating in any of tionments. Any unused portion of a sea- the trawl fishery categories listed in sonal non-trawl fishery PSC allowance paragraphs (b)(1)(ii)(B)(2) through (6) of made under paragraph (b)(2) of this sec- this section will catch the halibut PSC tion will be reapportioned to the fish- allowance, or seasonal apportionment ery’s remaining seasonal PSC allow- thereof, specified for that fishery cat- ances during a current fishing year in a egory under paragraph (b)(1)(i) or manner determined by NMFS, after (b)(1)(ii) of this section, NMFS will consultation with the Council, based publish in the FEDERAL REGISTER the on the types of information listed closure of the entire BSAI to directed under paragraph (b)(2)(ii) of this sec- fishing for each species and/or species tion. group in that fishery category for the (B) Seasonal apportionment exceeded. If remainder of the year or for the re- a seasonal apportionment of a non- mainder of the season. trawl fishery PSC allowance made (ii) BSAI non-trawl sector: closures. If, under paragraph (b)(2) of this section is during the fishing year, the Regional exceeded, the amount by which the sea- Administrator determines that U.S. sonal apportionment is exceeded will fishing vessels participating in any of be deducted from the fishery’s remain- the non-trawl fishery categories listed ing seasonal PSC allowances during a under paragraph (b)(1)(iii) of this sec- current fishing year in a manner deter- tion will catch the halibut PSC allow- mined by NMFS, after consultation ance, or seasonal apportionment there- with the Council, based on the types of of, specified for that fishery category information listed under paragraph under paragraph (b)(1)(iii) of this sec- (b)(2)(ii) of this section. tion, NMFS will publish in the FED- (3) Notification of allowances—(i) Gen- ERAL REGISTER the closure of the entire eral. NMFS will publish in the FEDERAL BSAI to directed fishing with the rel- REGISTER, for up to two fishing years, evant gear type for each species and/or the proposed and final BSAI halibut species group in that fishery category. PSC allowances, the seasonal appor- (iii) AFA PSC sideboard limits. Halibut tionments thereof, and the manner in PSC limits for the AFA catcher/proc- which seasonal apportionments of non- essor sector and the AFA trawl catcher trawl fishery PSC allowances will be vessel sector will be established pursu- managed. ant to § 679.64(a) and (b) and managed (ii) Public comment. Public comment through directed fishing closures for will be accepted by NMFS on the pro- the AFA catcher/processor sector and posed PSC allowances seasonal appor- the AFA trawl catcher vessel sector in tionments thereof, and the manner in the groundfish fisheries for which the which seasonal apportionments of non- PSC limit applies. trawl fishery PSC allowances will be (c) [Reserved] managed, for a period specified in the (d) GOA halibut PSC limits. This sec- notice of proposed specifications pub- tion is applicable for vessels engaged in lished in the FEDERAL REGISTER. directed fishing for groundfish in the (4) Management of BSAI halibut PSC GOA. allowances—(i) Trawl sector—Amendment (1) Notification and public comment—(i) 80 limited access fishery and BSAI trawl Proposed and final apportionments. limited access sector: closures—(A) Excep- NMFS will publish in the FEDERAL tion. When a PSC allowance, or sea- REGISTER proposed and final apportion- sonal apportionment thereof, specified ments of the halibut PSC limits in for the pollock/Atka mackerel/‘‘other paragraphs (d)(2) and (3) of this section species’’ fishery category, as defined in in the notification required under paragraph (b)(1)(ii)(B)(6) of this section § 679.20.

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(ii) Modification of apportionments. and-line gear fishery is established ac- NMFS, by notification in the FEDERAL cording to the provisions of paragraphs REGISTER, may change the halibut PSC (d)(2)(iii) and (d)(2)(iv) of this section. apportionments during the year for (ii) Hook-and-line fishery categories. which they were specified, based on For purposes of apportioning the hook- new information of the types set forth and-line halibut PSC limit among fish- in this paragraph (d). eries, the following fishery categories (iii) Public comment. NMFS will ac- are specified and defined in terms of cept public comment on the proposed round-weight equivalents of those GOA halibut PSC apportionments for a pe- groundfish species for which a TAC has riod specified in the notice of proposed been specified under § 679.20. halibut PSC apportionments published (A) Demersal shelf rockfish, SEO Dis- in the FEDERAL REGISTER. NMFS will trict. Fishing with hook-and-line gear consider comments received on pro- in the SEO District of the Eastern GOA posed halibut PSC apportionments and, regulatory area during any weekly re- after consultation with the Council, porting period that results in a re- will publish notification in the FED- tained catch of demersal shelf rockfish ERAL REGISTER specifying the final hal- that is greater than the retained ibut PSC apportionments. amount of any other fishery category (2) Hook-and-line gear and pot gear an- defined under this paragraph (d)(2)(ii). nual halibut PSC limit. (i) The annual (B) Other hook-and-line fishery. Fish- total PSC limit of halibut caught while ing with hook-and-line gear during any conducting any hook-and-line gear weekly reporting period that results in fishery for groundfish in the GOA is an a retained catch of groundfish and is amount of halibut equivalent to the not a demersal shelf rockfish fishery amount of halibut mortality estab- defined under paragraph (d)(2)(ii)(A) of lished for each of the fishery categories this section. in paragraphs (d)(2)(i)(A) and (B) of this (iii) Apportionment of the GOA hal- section. The notification at paragraph ibut PSC limit among other hook-and- (d)(1) of this section also may specify a line catcher vessels and catcher/proc- halibut PSC limit for the pot gear fish- essors. eries. (A) Catcher vessels using hook-and- (A) Demersal shelf rockfish, Southeast line gear in the other hook-and-line Outside (SEO) District. The halibut PSC fishery will be apportioned part of the limit in the demersal shelf rockfish GOA halibut PSC limit in proportion fishery in the SEO District is 9 mt. to the total Western and Central GOA (B) Other hook-and-line fishery. The Pacific cod allocations, where X is halibut PSC limit in the other hook- equal to annnual TAC, as follows:

(B) Catcher/processors using hook- tion to the total Western and Central and-line gear in the other hook-and- GOA Pacific cod allocations, where X is line fishery will be apportioned part of equal to annual TAC, as follows: the GOA halibut PSC limit in propor-

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(C) No later than November 1, any (iv) Other hook-and-line fishery annual halibut PSC limit allocated under PSC limit reductions. The annual halibut paragraph (d)(2)(ii)(B) of this section PSC limits established for the other not projected by the Regional Adminis- hook-and-line fishery under paragraph trator to be used by one of the hook- (d)(2)(iii) of this section are reduced, as and-line sectors during the remainder follows: of the fishing year will be made avail- able to the other sector.

Annual PSC limit percent reduction from the annual halibut PSC limit Vessel category established under Effective years paragraph (d)(2)(iii) of this section.

(A) Catcher vessel ...... 7 2014. 12 2015. 15 2016 and each year thereafter. (B) Catcher/processor ...... 7 2014 and each year thereafter.

(3) Trawl gear annual halibut PSC GOA is an amount of halibut equiva- limit. (i) The annual total PSC limit of lent to 1,973 mt of halibut mortality. halibut caught while conducting any This amount is reduced as follows: trawl gear fishery for groundfish in the

Percent reduction from 1,973 mt Annual trawl gear Effective years PSC limit (mt) 1

7 ...... 1,848 2014. 12 ...... 1,759 2015. 15 ...... 1,705 2016 and each year thereafter. 1 This amount maintains the 191 mt annual allocation to the Rockfish Program (see Table 28d to this part) from the 1,973 mt halibut PSC limit, while reducing the remainder of the annual trawl gear halibut PSC limit by the percentage listed in the first column.

(ii) PSC allowance. The halibut PSC tained aggregate catch of pollock, Pa- limit specified for vessels using trawl cific cod, shallow-water flatfish, flat- gear may be further apportioned as head sole, Atka mackerel, and ‘‘other PSC allowances to the fishery cat- species’’ that is greater than the re- egories listed in paragraph (d)(3)(iii) of tained aggregate amount of other GOA this section, based on each category’s groundfish species or species group. proportional share of the anticipated (B) Deep-water species fishery. Fishing halibut PSC mortality during a fishing with trawl gear during any weekly re- year and the need to optimize the porting period that results in a re- amount of total groundfish harvest tained catch of groundfish and is not a under the halibut PSC limit. The sum shallow-water species fishery as de- of all PSC allowances will equal the fined under paragraph (d)(3)(iii)(A) of halibut PSC limit established under this section. paragraph (d)(3)(i) of this section. (4) Seasonal apportionments—(i) Gen- (iii) Trawl fishery categories. For pur- eral. NMFS, after consultation with the poses of apportioning the trawl halibut Council, may apportion each halibut PSC limit among fisheries, the fol- PSC limit or bycatch allowance speci- lowing fishery categories are specified fied under this paragraph (d) on a sea- and defined in terms of round-weight sonal basis. equivalents of these GOA groundfish (ii) Factors to be considered. NMFS species for which a TAC has been speci- will base any seasonal apportionment fied under § 679.20: of a halibut PSC limit or bycatch al- (A) Shallow-water species fishery. Fish- lowance on the following types of infor- ing with trawl gear during any weekly mation: reporting period that results in a re- (A) Seasonal distribution of halibut.

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(B) Seasonal distribution of target ing May 15 through June 30. The Re- groundfish species relative to halibut gional Administrator will issue a FED- distribution. ERAL REGISTER notice to reapportion (C) Expected halibut bycatch needs, the amounts of trawl halibut PSC to on a seasonal basis, relative to changes each species fishery category. in halibut biomass and expected (iv) Seasonal apportionment exceeded. catches of target groundfish species. If a seasonal apportionment of a hal- (D) Expected variations in bycatch ibut PSC limit specified for trawl, rates throughout the fishing year. hook-and-line, pot gear, and/or oper- (E) Expected changes in directed ational type is exceeded, the amount groundfish fishing seasons. by which the seasonal apportionment (F) Expected start of fishing effort. is exceeded will be deducted from the (G) Economic effects of establishing respective apportionment for the next seasonal halibut allocations on seg- season during a current fishing year. ments of the target groundfish indus- (5) Apportionment among regulatory try. areas and districts. Each halibut PSC (iii) Unused seasonal apportionments. limit specified under this paragraph (d) (A) Unused seasonal apportionments of also may be apportioned among the halibut PSC limits specified for trawl, GOA regulatory areas and districts. hook-and-line, or pot gear will be (6) Halibut PSC closures—(i) Trawl gear added to the respective seasonal appor- fisheries. If, during the fishing year, the tionment for the next season during a Regional Administrator determines current fishing year; and that U.S. fishing vessels participating (B) An amount not greater than 55 in either of the trawl fishery categories percent of the halibut PSC that had listed in paragraph (d)(3)(iii) (A) or (B) been allocated as CQ and that has not of this section will catch the halibut been used by a rockfish cooperative bycatch allowance, or apportionments will be added to the last seasonal ap- thereof, specified for that fishery cat- portionment for trawl gear during the egory under paragraph (d)(1) of this current fishing year: section, NMFS will publish notifica- (1) After November 15; or tion in the FEDERAL REGISTER closing (2) After the effective date of a termi- the entire GOA or the applicable regu- nation of fishing declaration according latory area or district to directed fish- to the provisions set out in § 679.4(n)(2), ing with trawl gear for each species whichever occurs first. and/or species group that comprises (C) The amount of unused halibut that fishing category; provided, how- PSC not reapportioned under the provi- ever, that when the halibut bycatch al- sions described in § 679.21(d)(4)(iii)(B) lowance, or seasonal apportionment will not be available for use as halibut thereof, specified for the shallow-water PSC by any person for the remainder of species fishery is reached, fishing for that calendar year. pollock by vessels using pelagic trawl (D) Combined management of trawl hal- gear may continue, consistent with ibut PSC limits from May 15 through June other provisions of this part. 30. NMFS will combine management of (ii) Hook-and-line fisheries. If, during available trawl halibut PSC limits in the fishing year, the Regional Adminis- the second season deep-water and shal- trator determines that U.S. fishing ves- low-water species fishery categories for sels participating in any of the three use in either fishery from May 15 hook-and-line gear and operational through June 30 during the current type fishery categories listed under fishery year. Halibut PSC sideboard paragraph (d)(2) of this section will limits for the Amendment 80 and AFA catch the halibut PSC allowance, or sectors will continue to be defined as apportionments thereof, specified for deep-water and shallow-water species that fishery category under paragraph fisheries from May 15 through June 30. (d)(1) of this section, NMFS will pub- NMFS will re-apportion the halibut lish notification in the FEDERAL REG- PSC limit between the deep-water and ISTER closing the entire GOA or the ap- shallow-water species fisheries after plicable regulatory area, district, or June 30 to account for actual halibut operation type to directed fishing with PSC use by each fishery category dur- hook-and-line gear for each species

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and/or species group that composes (7) AFA halibut bycatch limitations. that fishing category. Halibut bycatch limits for AFA catcher (iii) Pot gear fisheries. If, during the vessels will be established according to fishing year, the Regional Adminis- the procedure and formula set out in trator determines that the catch of § 679.64(b) and managed through di- halibut by operators of vessels using rected fishing closures for AFA catcher pot gear to participate in a directed vessels in the groundfish fisheries to fishery for groundfish will reach the which the halibut bycatch limit ap- halibut PSC limit, or seasonal appor- plies. tionment thereof, NMFS will publish (e) BSAI PSC limits for crab and her- notification in the FEDERAL REGISTER ring—(1) Trawl gear—(i) Red king crab in prohibiting directed fishing for ground- Zone 1. The PSC limit of red king crab fish by vessels using pot gear for the caught by trawl vessels while engaged remainder of the season to which the in directed fishing for groundfish in halibut PSC limit or seasonal appor- Zone 1 during any fishing year will be tionment applies. specified for up to two fishing years by (iv) Nonpelagic trawl gear fisheries— NMFS, after consultation with the (A) Continued fishing under specified Council, based on abundance and conditions. When the vessels to which a spawning biomass of red king crab halibut PSC limit applies have caught using the criteria set out under para- an amount of halibut equal to that graphs (e)(1)(i)(A) through (C) of this PSC, the Regional Administrator may, section. The following table refers to by notification in the FEDERAL REG- the PSC limits for red king crab that ISTER, allow some or all of those ves- you must follow in Zone 1: sels to continue to fish for groundfish using nonpelagic trawl gear under spec- When the number of mature female The zone 1 PSC limit red king crab is ... will be ... ified conditions, subject to the other provisions of this part. (A) At or below the threshold of 8.4 32,000 red king crab. (B) Factors to be considered. In author- million mature crab or the effective spawning biomass is less than or izing and conditioning such continued equal to 14.5 million lb (6,577 mt) fishing with bottom-trawl gear, the Re- (B) Above the threshold of 8.4 million 97,000 red king crab. gional Administrator will take into ac- mature crab and the effective count the following considerations, and spawning biomass is greater than 14.5 but less than 55 million lb issue relevant findings: (24,948 mt) (1) The risk of biological harm to hal- (C) Above the threshold of 8.4 million 197,000 red king ibut stocks and of socio-economic mature crab and the effective crab. harm to authorized halibut users posed spawning biomass is equal to or greater than 55 million lb by continued bottom trawling by these vessels. (ii) Tanner crab (C. bairdi). The PSC (2) The extent to which these vessels limit of C. bairdi crabs caught by trawl have avoided incidental halibut vessels while engaged in directed fish- catches up to that point in the year. ing for groundfish in Zones 1 and 2 dur- (3) The confidence of the Regional ing any fishing year will be specified Administrator in the accuracy of the for up to two fishing years by NMFS estimates of incidental halibut catches under paragraph (e)(6) of this section, by these vessels up to that point in the based on total abundance of C. bairdi year. crabs as indicated by the NMFS annual (4) Whether observer coverage of bottom trawl survey, using the criteria these vessels is sufficient to assure ad- set out under paragraphs (e)(1)(ii)(A) herence to the prescribed conditions and (B) of this section. and to alert the Regional Adminis- (A) The following table refers to the trator to increases in their incidental PSC limits for C. bairdi that you must halibut catches. follow in Zone 1: (5) The enforcement record of owners and operators of these vessels, and the When the total abundance of confidence of the Regional Adminis- C. bairdi crabs is ... The PSC limit will be ... trator that adherence to the prescribed (1) 150 million animals or 0.5 percent of the total abun- conditions can be assured in light of less dance minus 20,000 ani- available enforcement resources. mals

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following allocations of the trawl gear When the total abundance of The PSC limit will be ... C. bairdi crabs is ... PSC limits are made to the CDQ Pro- (2) Over 150 million to 270 730,000 animals gram as PSQ reserves. The PSQ re- million animals serves are not apportioned by gear or (3) Over 270 million to 400 830,000 animals fishery. million animals (4) Over 400 million animals 980,000 animals (1) Crab PSQ. 10.7 percent of each PSC limit set forth in paragraphs (e)(1)(i) (B) This table refers to the PSC lim- through (iii) of this section. its for C. bairdi that you must follow in (2) [Reserved] Zone 2. (B) Fishery categories. NMFS, after consultation with the Council and after When the total abundance of subtraction of PSQ reserves and PSC C. bairdi crabs is ... The PSC limit will be ... CQ assigned to Amendment 80 coopera- (1) 175 million animals or 1.2 percent of the total abun- tives, will apportion each PSC limit set less dance minus 30,000 ani- forth in paragraphs (e)(1)(i) through mals (2) Over 175 million to 290 2,070,000 animals (vii) of this section into bycatch allow- million animals ances for fishery categories defined in (3) Over 290 million to 400 2,520,000 animals paragraph (e)(3)(iv) of this section, million animals (4) Over 400 million animals 2,970,000 animals based on each category’s proportional share of the anticipated incidental (iii) C. opilio. The PSC limit of C. catch during a fishing year of prohib- opilio caught by trawl vessels while en- ited species for which a PSC limit is gaged in directed fishing for groundfish specified and the need to optimize the in the COBLZ will be specified annu- amount of total groundfish harvested ally by NMFS under paragraph (e)(6) of under established PSC limits. this section, based on total abundance (ii) Red king crab, C. bairdi, and C. of C. opilio as indicated by the NMFS opilio—(A) General. For vessels engaged annual bottom trawl survey using the in directed fishing for groundfish in the following criteria: BSAI, other than vessels fishing under (A) PSC Limit. The PSC limit will be a CQ permit assigned to an Amendment 0.1133 percent of the total abundance, 80 cooperative, the PSC limits for red minus 150,000 C. opilio crabs, unless; king crab, C. bairdi, and C. opilio will be (B) Minimum PSC Limit. If 0.1133 per- apportioned to the trawl fishery cat- cent multiplied by the total abundance egories defined in paragraphs is less than 4.5 million, then the min- (e)(3)(iv)(B) through (F) of this section. imum PSC limit will be 4.350 million (B) Red King Crab Savings Subarea animals; or (RKCSS). (1) The RKCSS is the portion (C) Maximum PSC Limit. If 0.1133 per- of the RKCSA between 56°00′ and 56°10′ cent multiplied by the total abundance N. lat. Notwithstanding other provi- is greater than 13 million, then the sions of this part, vessels using non-pe- maximum PSC limit will be 12.850 mil- lagic trawl gear in the RKCSS may en- lion animals. gage in directed fishing for groundfish (iv) [Reserved] in a given year, if the ADF&G had es- (v) Pacific herring. The PSC limit of tablished a guideline harvest level the Pacific herring caught while con- previous year for the red king crab ducting any domestic trawl fishery for fishery in the Bristol Bay area. groundfish in the BSAI is 1 percent of (2) When the RKCSS is open to ves- the annual eastern Bering Sea herring sels fishing for groundfish with non- biomass. The PSC limit will be appor- pelagic trawl gear under paragraph tioned into annual herring PSC allow- (e)(3)(ii)(B)(1) of this section, NMFS, ances, by target fishery, and will be after consultation with the Council, published along with the annual her- will specify an amount of the red king ring PSC limit in the FEDERAL REG- crab bycatch limit annually estab- ISTER with the proposed and final lished under paragraph (e)(1)(i) of this groundfish specifications defined in section for the RKCSS. The amount of § 679.20. the red king crab bycatch limit speci- (2) [Reserved] fied for the RKCSS will not exceed an (3) PSC apportionment to trawl fish- amount equivalent to 25 percent of the eries—(i) General—(A) PSQ reserve. The red king crab PSC allowance and will

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be based on the need to optimize the fishery as defined under paragraph groundfish harvest relative to red king (e)(3)(iv)(B)(1) of this section. crab bycatch. (C) Greenland turbot/arrowtooth floun- (C) Incidental catch in midwater pol- der/Kamchatka flounder/sablefish fishery. lock fishery. Any amount of red king Fishing with trawl gear during any crab, C. bairdi, or C. opilio that is inci- weekly reporting period that results in dentally taken in the midwater pollock a retained aggregate amount of Green- fishery as defined in paragraph land turbot, arrowtooth flounder, (e)(3)(iv)(A) of this section will be Kamchatka flounder, and sablefish counted against the bycatch allow- that is greater than the retained ances specified for the pollock/Atka amount of any other fishery category mackerel/‘‘other species’’ category de- defined under this paragraph (e)(3)(iv). fined in paragraph (e)(3)(iv)(F) of this (D) Rockfish fishery. Fishing with section. trawl gear during any weekly reporting (iii) Pacific herring. The PSC limit for period that results in a retained aggre- Pacific herring will be apportioned to gate amount of rockfish species that is the BSAI trawl fishery categories de- greater than the retained amount of fined in paragraphs (e)(3)(iv) (A) any other fishery category defined through (F) of this section. under this paragraph (e)(3)(iv). (iv) Trawl fishery categories. For pur- (E) Pacific cod fishery. Fishing with poses of apportioning trawl PSC limits trawl gear during any weekly reporting for crab and herring among fisheries, period that results in a retained aggre- other than crab PSC CQ assigned to an gate amount of Pacific cod that is Amendment 80 cooperative, the fol- greater than the retained amount of lowing fishery categories are specified any other groundfish fishery category and defined in terms of round-weight defined under this paragraph (e)(3)(iv). equivalents of those groundfish species or species groups for which a TAC has (F) Pollock/Atka mackerel/‘‘other spe- been specified under § 679.20. cies.’’ Fishing with trawl gear during any weekly reporting period that re- (A) Midwater pollock fishery. Fishing sults in a retained aggregate amount of with trawl gear during any weekly re- porting period that results in a catch pollock other than pollock harvested in of pollock that is 95 percent or more of the midwater pollock fishery defined the total amount of groundfish caught under paragraph (e)(3)(iv)(A) of this during the week. section, Atka mackerel, and ‘‘other species’’ that is greater than the re- (B) Flatfish fishery. Fishing with tained amount of any other fishery cat- trawl gear during any weekly reporting period that results in a retained aggre- egory defined under this paragraph gate amount of rock sole, ‘‘other flat- (e)(3)(iv). fish,’’ and yellowfin sole that is greater (v) AFA prohibited species catch limita- than the retained amount of any other tions. Crab PSC limits for the AFA fishery category defined under this catcher/processor sector and the AFA paragraph (e)(3)(iv). trawl catcher vessel sector will be es- (1) Yellowfin sole fishery. Fishing with tablished according to the procedures trawl gear during any weekly reporting and formulas set out in § 679.64(a) and period that is defined as a flatfish fish- (b) and managed through directed fish- ery under this paragraph (e)(3)(iv)(B) ing closures for the AFA catcher/proc- and results in a retained amount of essor sector and the AFA trawl catcher yellowfin sole that is 70 percent or vessel sector in the groundfish fisheries more of the retained aggregate amount for which the PSC limit applies. of rock sole, ‘‘other flatfish,’’ and yel- (vi) Amendment 80 sector bycatch limi- lowfin sole. tations. (A) Crab PSC limits for the (2) Rock sole/flathead sole/Alaska Amendment 80 sector in the BSAI will plaice/‘‘other flatfish’’ fishery. Fishing be established according to the proce- with trawl gear during any weekly re- dure and formulae set out in § 679.91(d) porting period that is defined as a flat- through (f); and fish fishery under this paragraph (B) Crab PSC assigned to the Amend- (e)(3)(iv)(B) and is not a yellowfin sole ment 80 limited access fishery will be

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managed through directed fishing clo- final bycatch allowances, and the sea- sures for Amendment 80 vessels to sonal apportionments thereof, as re- which the crab bycatch limits apply. quired by paragraph (e) of this section. (4) [Reserved] (ii) Public comment. Public comment (5) Seasonal apportionments of bycatch will be accepted by NMFS on the pro- allowances—(i) General. NMFS, after posed annual red king crab PSC limit consultation with the Council, may ap- and, if applicable, the amount of this portion fishery bycatch allowances on PSC limit specified for the RKCSS, the a seasonal basis. annual C. bairdi PSC limit, the annual (ii) Factors to be considered. NMFS C. opilio PSC limit, the proposed and will base any seasonal apportionment final bycatch allowances, seasonal ap- of a bycatch allowance on the following portionments thereof, and the manner types of information: in which seasonal apportionments of (A) Seasonal distribution of prohib- non-trawl fishery bycatch allowances ited species; will be managed, for a period specified (B) Seasonal distribution of target in the notice of proposed specifications groundfish species relative to prohib- published in the FEDERAL REGISTER. ited species distribution; (7) Trawl PSC closures—(i) Exception. (C) Expected prohibited species by- When a bycatch allowance, or seasonal catch needs on a seasonal basis rel- apportionment thereof, specified for evant to change in prohibited species the pollock/Atka mackerel/‘‘other spe- biomass and expected catches of target cies’’ fishery category is reached, only groundfish species; directed fishing for pollock is closed to (D) Expected variations in bycatch trawl vessels using nonpelagic trawl rates throughout the fishing year; gear. (E) Expected changes in directed (ii) Red king crab or C. bairdi Tanner groundfish fishing seasons; crab, Zone 1, closure—(A) General. Ex- (F) Expected start of fishing effort; cept as provided in paragraph (e)(7)(i) or of this section, if, during the fishing (G) Economic effects of establishing year, the Regional Administrator de- seasonal prohibited species apportion- termines that U.S. fishing vessels par- ments on segments of the target ticipating in any of the fishery cat- groundfish industry. egories listed in paragraphs (e)(3)(iv) (iii) Seasonal trawl fishery bycatch al- (B) through (F) of this section will lowances—(A) Unused seasonal appor- catch the Zone 1 bycatch allowance, or tionments. Unused seasonal apportion- seasonal apportionment thereof, of red ments of trawl fishery bycatch allow- king crab or C. bairdi Tanner crab spec- ances made under this paragraph (e)(5) ified for that fishery category under will be added to its respective fishery paragraph (e)(3) of this section, NMFS bycatch allowance for the next season will publish in the FEDERAL REGISTER during a current fishing year. the closure of Zone 1, including the (B) Seasonal apportionment exceeded. If RKCSS, to directed fishing for each a seasonal apportionment of a trawl species and/or species group in that fishery bycatch allowance made under fishery category for the remainder of paragraph (d)(5) of this section is ex- the year or for the remainder of the ceeded, the amount by which the sea- season. sonal apportionment is exceeded will (B) RKCSS. If, during the fishing year be deducted from its respective appor- the Regional Administrator determines tionment for the next season during a that the amount of the red king crab current fishing year. PSC limit that is specified for the (6) Notification—(i) General. NMFS RKCSS under § 679.21(e)(3)(ii)(B) of this will publish in the FEDERAL REGISTER, section will be caught, NMFS will pub- for up to two fishing years, the annual lish in the FEDERAL REGISTER the clo- red king crab PSC limit, and, if appli- sure of the RKCSS to directed fishing cable, the amount of this PSC limit for groundfish with nonpelagic trawl specified for the RKCSS, the annual C. gear for the remainder of the year. bairdi PSC limit, the annual C. opilio (iii) C. bairdi Tanner crab, Zone 2, clo- PSC limit, the proposed and final PSQ sure. Except as provided in paragraph reserve amounts, the proposed and (e)(7)(i) of this section, if, during the

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fishing year, the Regional Adminis- closed to directed fishing for pollock trator determines that U.S. fishing ves- with trawl gear. sels participating in any of the fishery (2) Pollock/Atka mackerel/ ‘‘other spe- categories listed in paragraphs cies’’. When the pollock/Atka mackerel/ (e)(3)(iv) (B) through (F) of this section ‘‘other species’’ fishery category will catch the Zone 2 bycatch allow- reaches its specified bycatch allow- ance, or seasonal apportionment there- ance, or seasonal apportionment there- of, of C. bairdi Tanner crab specified for of, the Herring Savings Areas are that fishery category under paragraph closed to directed fishing for pollock (e)(3) of this section, NMFS will pub- by trawl vessels using nonpelagic trawl lish in the FEDERAL REGISTER the clo- gear. sure of Zone 2 to directed fishing for (f) Salmon Bycatch Management in the each species and/or species group in BS Pollock Fishery—(1) Applicability. that fishery category for the remainder This paragraph contains regulations of the year or for the remainder of the season. governing the bycatch of salmon in the (iv) COBLZ. Except as provided in BS pollock fishery. paragraph (e)(7)(i) of this section, if, (2) Chinook salmon prohibited species during the fishing year, the Regional catch (PSC) limit. Each year, NMFS will Administrator determines that U.S. allocate to AFA sectors listed in para- fishing vessels participating in any of graph (f)(3)(ii) of this section a portion the trawl fishery categories listed in of the applicable Chinook salmon PSC paragraphs (e)(3)(iv)(B) through (F) of limit. NMFS will publish the applica- this section will catch the COBLZ by- ble Chinook salmon PSC limit in the catch allowance, or seasonal apportion- annual harvest specifications after de- ment thereof, of C. opilio specified for termining if it is a low Chinook salmon that fishery category under paragraph abundance year. NMFS will determine (e)(3) of this section, NMFS will pub- that it is a low Chinook salmon abun- lish in the FEDERAL REGISTER the clo- dance year when abundance of Chinook sure of the COBLZ, as defined in Figure salmon in western Alaska is less than 13 to this part, to directed fishing for or equal to 250,000 Chinook salmon. By each species and/or species group in October 1 of each year, the State of that fishery category for the remainder Alaska will provide to NMFS an esti- of the year or for the remainder of the mate of Chinook salmon abundance season. using the 3-System Index for western (v) [Reserved] Alaska based on the Kuskokwim, Una- (vi) Pacific herring—(A) Closure. Ex- lakleet, and Upper Yukon aggregate cept as provided in paragraph stock grouping. (e)(7)(vi)(B) of this section, if, during (i) An AFA sector will receive a por- the fishing year, the Regional Adminis- tion of the 47,591 Chinook salmon PSC trator determines that U.S. fishing ves- limit, or, in a low Chinook salmon sels participating in any of the fishery abundance year, the 33,318 Chinook categories listed in paragraphs salmon PSC limit, if — (e)(3)(iv)(A) through (F) of this section (A) No Chinook salmon bycatch in- in the BSAI will catch the herring by- centive plan agreement (IPA) is ap- catch allowance, or seasonal apportion- proved by NMFS under paragraph ment thereof, specified for that fishery category under paragraph (e)(3) of this (f)(12) of this section; or section, NMFS will publish in the FED- (B) That AFA sector has exceeded its ERAL REGISTER the closure of the Her- performance standard under paragraph ring Savings Area as defined in Figure (f)(6) of this section. 4 to this part to directed fishing for (ii) An AFA sector will receive a por- each species and/or species group in tion of the 60,000 Chinook salmon PSC that fishery category. limit, or, in a low Chinook salmon (B) Exceptions—(1) Midwater pollock. abundance year, the 45,000 Chinook When the midwater pollock fishery salmon PSC limit, if— category reaches its specified bycatch (A) At least one IPA is approved by allowance, or seasonal apportionment NMFS under paragraph (f)(12) of this thereof, the Herring Savings Areas are section; and

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(B) That AFA sector has not exceed- to the A season and 30 percent to the B ed its performance standard under season, which are described in paragraph (f)(6) of this section. § 679.23(e)(2). (3) Allocations of the Chinook salmon (ii) AFA sectors. Each year, NMFS PSC limits—(i) Seasonal apportionment. will make allocations of the applicable NMFS will apportion the Chinook Chinook salmon PSC limit to the fol- salmon PSC limits annually 70 percent lowing four AFA sectors:

AFA Sector: Eligible participants are:

(A) Catcher/proc- AFA catcher/processors and AFA catcher vessels delivering to AFA catcher/processors, all of which are essor. permitted under § 679.4(l)(2) and (l)(3)(i)(A), respectively. (B) Mothership ...... AFA catcher vessels harvesting pollock for processing by AFA motherships, all of which are permitted under § 679.4(l)(3)(i)(B) and (l)(4), respectively. (C) Inshore ...... AFA catcher vessels harvesting pollock for processing by AFA inshore processors, all of which are per- mitted under § 679.4(l)(3)(i)(C). (D) CDQ Program .... The six CDQ groups authorized under section 305(i)(1)(D) of the Magnuson-Stevens Act to participate in the CDQ Program.

(iii) Allocations to each AFA sector. (A) If a sector is managed under the NMFS will allocate the Chinook salm- 60,000 Chinook salmon PSC limit, the on PSC limits to each AFA sector as maximum amount of Chinook salmon follows: PSC allocated to each sector in each season and annually is—

A season B season Annual total AFA sector % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook

(1) Catcher/processor... 32.9 13,818 17.9 3,222 28.4 17,040 (2) Mothership...... 8.0 3,360 7.3 1,314 7.8 4,674 (3) Inshore...... 49.8 20,916 69.3 12,474 55.6 33,390 (4) CDQ Program ...... 9.3 3,906 5.5 990 8.2 4,896

(B) If the sector is managed under lowing amount of Chinook salmon PSC the 45,000 Chinook salmon PSC limit, in each season and annually: the sector will be allocated the fol-

A season B season Annual total AFA sector % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook

(1) Catcher/processor... 32.9 10,363 17.9 2,415 28.4 12,780 (2) Mothership...... 8.0 2,520 7.3 987 7.8 3,510 (3) Inshore ...... 49.8 15,687 69.3 9,355 55.6 25,020 (4) CDQ Program ...... 9.3 2,930 5.5 743 8.2 3,690

(C) If the sector is managed under the amount of Chinook salmon PSC in each 47,591 Chinook salmon PSC limit, the season and annually: sector will be allocated the following

A season B season Annual total AFA sector % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook

(1) Catcher/processor... 32.9 10,906 17.9 2,556 28.4 13,516 (2) Mothership...... 8.0 2,665 7.3 1,042 7.8 3,707 (3) Inshore ...... 49.8 16,591 69.3 9,894 55.6 26,485 (4) CDQ Program ...... 9.3 3,098 5.5 785 8.2 3,883

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(D) If the sector is managed under lowing amount of Chinook salmon PSC the 33,318 Chinook salmon PSC limit, in each season and annually: the sector will be allocated the fol-

A season B season Annual total AFA sector % Allocation # of Chinook % Allocation # of Chinook % Allocation # of Chinook

(1) Catcher/processor ... 32.9 7,673 17.9 1,789 28.4 9,462 (2) Mothership...... 8.0 1,866 7.3 730 7.8 2,599 (3) Inshore ...... 49.8 11,615 69.3 6,926 55.6 18,525 (4) CDQ Program ...... 9.3 2,169 5.5 550 8.2 2,732

(iv) Allocations to the AFA catcher/ and the inshore open access fishery processor and mothership sectors. (A) based on the percentage allocations of NMFS will issue transferable Chinook pollock to each inshore cooperative salmon PSC allocations under para- under § 679.62(a). NMFS will issue graph (f)(3)(iii) of this section to enti- transferable Chinook salmon PSC allo- ties representing the AFA catcher/ cations to inshore cooperatives. Any processor sector and the AFA Chinook salmon PSC allocated to the mothership sector if these sectors meet inshore open access fishery will be as a the requirements of paragraph (f)(8) of non-transferable allocation managed this section. by NMFS under the requirements of (B) If no entity is approved by NMFS paragraph (f)(10) of this section. to represent the AFA catcher/processor (vi) Allocations to the CDQ Program. sector or the AFA mothership sector, NMFS will further allocate the Chi- then NMFS will manage that sector nook salmon PSC allocation to the under a non-transferable Chinook CDQ Program under paragraph salmon PSC allocation under para- (f)(3)(iii) of this section among the six graph (f)(10) of this section. CDQ groups based on each CDQ group’s (v) Allocations to inshore cooperatives percentage of the CDQ Program pol- and the AFA inshore open access fishery. lock allocation. NMFS will issue trans- NMFS will further allocate the inshore ferable Chinook salmon PSC alloca- sector’s Chinook salmon PSC alloca- tions to CDQ groups. tion under paragraph (f)(3)(iii) of this (vii) Accrual of Chinook salmon by- section among the inshore cooperatives catch to specific PSC allocations.

If a Chinook salmon PSC allocation is: Then all Chinook salmon bycatch:

(A) A transferable allocation to a sector-level enti- By any vessel fishing under a transferable allocation will accrue against the ty, inshore cooperative, or CDQ group under allocation to the entity representing that vessel. paragraph (f)(8) of this section. (B) A non-transferable allocation to a sector or the By any vessel fishing under a non-transferable allocation will accrue against inshore open access fishery under paragraph the allocation established for the sector or inshore open access fishery, (f)(10) of this section. whichever is applicable. (C) The opt-out allocation under paragraph (f)(5) By any vessel fishing under the opt-out allocation will accrue against the of this section. opt-out allocation.

(viii) Public release of Chinook salmon (D) The amount of Chinook salmon PSC information. For each year, NMFS bycatch that accrues towards each will release to the public and publish transferable or non-transferable alloca- on the NMFS Alaska Region Web site tion; (http://alaskafisheries.noaa.gov/): (E) Any changes to these allocations (A) The Chinook salmon PSC alloca- due to transfers under paragraph (f)(9) tions for each entity receiving a trans- of this section, rollovers under para- ferable allocation; graph (f)(11) of this section, and deduc- (B) The non-transferable Chinook tions from the B season non-transfer- salmon PSC allocations; able allocations under paragraphs (C) The vessels fishing under each (f)(5)(v) or (f)(10)(iii) of this section; transferable or non-transferable alloca- and tion;

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(F) Tables for each sector that pro- sector’s allocation, after subtracting vide the percent of the sector’s pollock the amount of Chinook salmon associ- allocation, numbers of Chinook salmon ated with the non-participating inshore associated with each vessel in the sec- cooperative, will be reallocated among tor used to calculate the opt-out allo- the inshore cooperatives participating cation and annual threshold amounts, in an approved IPA based on the pro- and the percent of the pollock alloca- portion each participating cooperative tion associated with each vessel that represents of the Chinook salmon PSC NMFS will use to calculate IPA min- initially allocated among the partici- imum participation assigned to each pating inshore cooperatives that year. vessel. (iii) Adjustment to CDQ group alloca- (4) Reduction in allocations of the Chi- tions. If a CDQ group does not partici- nook salmon PSC limit—(i) Reduction in pate in an approved IPA, the amount of sector allocations. NMFS will reduce the Chinook salmon that remains in the seasonal allocation of the Chinook CDQ Program’s allocation, after sub- salmon PSC limit to the catcher/proc- tracting the amount of Chinook salm- essor sector, the mothership sector, the on associated with the non-partici- inshore sector, or the CDQ Program pating CDQ group, will be reallocated under paragraph (f)(3)(iii)(A) or (B) of among the CDQ groups participating in this section, if the owner of any per- an approved IPA based on the propor- mitted AFA vessel in that sector, or tion each participating CDQ group rep- any CDQ group, does not participate in an approved IPA under paragraph resents of the Chinook salmon PSC ini- (f)(12) of this section. NMFS will sub- tially allocated among the partici- tract the amount of Chinook salmon pating CDQ groups that year. from each sector’s allocation associ- (iv) All members of a sector do not par- ated with each vessel not participating ticipate in an approved IPA. If all mem- in an approved IPA. bers of a sector do not participate in an (ii) Adjustments to the inshore sector approved IPA, the amount of Chinook and inshore cooperative allocations. (A) If salmon that remains after subtracting some members of an inshore coopera- the amount of Chinook salmon associ- tive do not participate in an approved ated with the non-participating sector IPA, NMFS will reduce the allocation will not be reallocated among the sec- to the cooperative to which those ves- tors that have members participating sels belong, or the inshore open access in an approved IPA. This portion of the fishery. PSC limit will remain unallocated for (B) If all members of an inshore coop- that year. erative do not participate in an ap- (5) Chinook salmon PSC opt-out alloca- proved IPA, the amount of Chinook tion. The following table describes re- salmon that remains in the inshore quirements for the opt-out allocation:

(i) What is the amount of Chinook The opt-out allocation will equal the sum of the Chinook salmon PSC deducted under salmon PSC that will be allocated paragraph (f)(4)(i) of this section from the seasonal allocations of each sector with to the opt-out allocation in the A members not participating in an approved IPA. season and the B season? (ii) Which participants will be man- Any AFA-permitted vessel or any CDQ group that is a member of a sector eligible under aged under the opt-out allocation? paragraph (f)(2)(ii) of this section to receive allocations of the 60,000 PSC limit or the 45,000 PSC limit, but that is not participating in an approved IPA. (iii) What Chinook salmon bycatch All Chinook salmon bycatch by participants under paragraph (f)(5)(ii) of this section. will accrue against the opt-out allo- cation? (iv) How will the opt-out allocation be All participants under paragraph (f)(5)(ii) of this section will be managed as a group managed? under the seasonal opt-out allocations. If the Regional Administrator determines that the seasonal opt-out allocation will be reached, NMFS will publish a notice in the Fed- eral Register closing directed fishing for pollock in the BS, for the remainder of the season, for all vessels fishing under the opt-out allocation. (v) What will happen if Chinook NMFS will deduct from the B season opt-out allocation any Chinook salmon bycatch in salmon bycatch by vessels fishing the A season that exceeds the A season opt-out allocation. under the opt-out allocation ex- ceeds the amount allocated to the A season opt-out allocation?

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(vi) What will happen if Chinook If Chinook salmon bycatch by vessels fishing under the opt-out allocation in the A sea- salmon bycatch by vessels fishing son is less than the amount allocated to the opt-out allocation in the A season, this under the opt-out allocation is less amount of Chinook salmon will not be added to the B season opt-out allocation. than the amount allocated to the A season opt-out allocation? (vii) Is Chinook salmon PSC allo- No. Chinook salmon PSC allocated to the opt-out allocation is not transferable. cated to the opt-out allocation transferable?

(6) Chinook salmon bycatch perform- (iii) Exceeding the performance stand- ance standard. If the total annual Chi- ard. If NMFS determines that a sector nook salmon bycatch by the members has exceeded its performance standard of a sector participating in an approved by exceeding its annual threshold IPA is greater than that sector’s an- amount in any three of seven consecu- nual threshold amount of Chinook tive years, NMFS will issue a notifica- salmon in any three of seven consecu- tion in the FEDERAL REGISTER that the tive years, that sector will receive an sector has exceeded its performance allocation of Chinook salmon under the standard. In all subsequent years, 47,591 PSC limit in all future years, ex- NMFS will allocate to that sector ei- cept in low Chinook salmon abundance ther the amount of Chinook salmon in years when that sector will receive an the table in paragraph (f)(3)(iii)(C) of allocation under the 33,318 Chinook this section or, in low Chinook salmon salmon PSC limit. abundance years, the amount of Chi- (i) Annual threshold amount. Prior to nook salmon in the table in paragraph (f)(3)(iii)(D) of this section. All mem- each year, NMFS will calculate each bers of the affected sector will fish sector’s annual threshold amount. under this lower PSC allocation re- NMFS will post the annual threshold gardless of whether a vessel or CDQ amount for each sector on the NMFS group within that sector participates Alaska Region Web site (http:// in an approved IPA. alaskafisheries.noaa.gov/). At the end of (7) Replacement vessels. If an AFA-per- each year, NMFS will evaluate the Chi- mitted vessel is no longer eligible to nook salmon bycatch by all IPA par- participate in the BS pollock fishery or ticipants in each sector against that if a vessel replaces a currently eligible sector’s annual threshold amount. vessel, NMFS will assign the portion (ii) Calculation of the annual threshold and number of Chinook salmon associ- amount. A sector’s annual threshold ated with that vessel to the replace- amount is the annual number of Chi- ment vessel or distribute it among nook salmon that would be allocated to other eligible vessels in the sector that sector under the 47,591 Chinook based on the procedures in the law, reg- salmon PSC limit, as shown in the ulation, or private contract that ac- table in paragraph (f)(3)(iii)(C) of this complishes the vessel removal or re- section, or the 33,318 Chinook salmon placement action. PSC limit in low Chinook salmon abun- (8) Entities eligible to receive transfer- dance years, as shown in the table in able Chinook salmon PSC allocations. (i) paragraph (f)(3)(iii)(D) of this section. NMFS will issue transferable Chinook If any vessels in a sector do not partici- salmon PSC allocations to the fol- pate in an approved IPA, NMFS will re- lowing entities, if these entities meet duce that sector’s annual threshold all the applicable requirements of this amount by the number of Chinook section. salmon associated with each vessel not (A) Inshore cooperatives. NMFS will participating in an approved IPA. If issue transferable Chinook salmon PSC any CDQ groups do not participate in allocations to the inshore cooperatives an approved IPA, NMFS will reduce the permitted annually under § 679.4(l)(6). CDQ Program’s annual threshold The representative and agent for serv- amount by the number of Chinook ice of process (see definition at § 679.2) salmon associated with each CDQ for an inshore cooperative is the coop- group not participating in an approved erative representative identified in the IPA. application for an inshore cooperative

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fishing permit issued under § 679.4(l)(6), salmon PSC allocations. A representa- unless the inshore cooperative rep- tive of an entity representing the resentative notifies NMFS in writing catcher/processor sector or the that a different person will act as its mothership sector may request ap- agent for service of process for pur- proval by NMFS to receive transferable poses of this paragraph (f). An inshore Chinook salmon PSC allocations on be- cooperative is not required to submit half of the members of the sector. The an application under paragraph application must be submitted to (f)(8)(ii) of this section to receive a NMFS at the address in paragraph transferable Chinook salmon PSC allo- (b)(6) of this section. A completed ap- cation. plication consists of the application (B) CDQ groups. NMFS will issue form and a contract, described below. transferable Chinook salmon PSC allo- (A) Application form. The applicant cations to the CDQ groups. The rep- must submit a paper copy of the appli- resentative and agent for service of cation form with all information fields process for a CDQ group is the chief ex- accurately filled in, including the affi- ecutive officer of the CDQ group, unless davit affirming that each eligible ves- the chief executive officer notifies sel owner, from whom the applicant re- NMFS in writing that a different per- ceived written notification requesting son will act as its agent for service of to join the sector entity, has been al- process. A CDQ group is not required to lowed to join the sector entity subject submit an application under paragraph to the same terms and conditions that (f)(8)(ii) of this section to receive a have been agreed on by, and are appli- transferable Chinook salmon PSC allo- cable to, all other parties to the sector cation. entity. The application form is avail- (C) Entity representing the AFA catch- able on the NMFS Alaska Region Web er/processor sector. NMFS will authorize site (http://alaskafisheries.noaa.gov/) or only one entity to represent the catch- from NMFS at the address in para- er/processor sector for purposes of re- graph (b)(6) of this section. ceiving and managing transferable Chi- (B) Contract. A contract containing nook salmon PSC allocations on behalf the following information must be at- of the catcher/processors eligible to tached to the completed application fish under transferable Chinook salmon form: PSC allocations. NMFS will issue (1) Information that documents that transferable Chinook salmon alloca- all vessel owners party to the contract tions under the Chinook salmon PSC agree that the entity, the entity’s rep- limit to the entity representing the resentative, and the entity’s agent for catcher/processor sector if that entity service of process named in the appli- represents all the owners of AFA-per- cation form represent them for pur- mitted vessels in this sector that are poses of receiving transferable Chinook participants in an approved IPA. salmon PSC allocations. (D) Entity representing the AFA (2) A statement that the entity’s rep- mothership sector. NMFS will authorize resentative and agent for service of only one entity to represent the process are authorized to act on behalf mothership sector for purposes of re- of the vessel owners party to the con- ceiving and managing transferable Chi- tract. nook salmon PSC allocations on behalf (3) Signatures, printed names, and of the vessels eligible to fish under date of signature for the owners of each transferable Chinook salmon PSC allo- AFA-permitted vessel identified in the cations. NMFS will issue transferable application form. Chinook salmon allocations under the (C) Contract duration. Once sub- Chinook salmon PSC limit to an entity mitted, the contract attached to the representing the mothership sector if application form is valid until amended that entity represents all the owners of or terminated by the parties to the AFA-permitted vessels in this sector contract. that are participants in an approved (D) Deadline. An application form and IPA. contract must be received by NMFS no (ii) Request for approval as an entity - later than 1700 hours, A.l.t., on October igible to receive transferable Chinook 1 of the year prior to the year for

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which the Chinook salmon PSC alloca- posed IPA submitted to NMFS, under tions are effective. paragraph (f)(12) of this section, on his (E) Approval. If more than one entity or her behalf. This authorization must application form is submitted to be included in the contract submitted NMFS, NMFS will approve the applica- to NMFS, under paragraph (f)(8)(ii)(B) tion form for the entity that represents of this section, for the sector-level en- the most eligible vessel owners in the tities and in the contract submitted sector. annually to NMFS by inshore coopera- (F) Amendments to the sector entity. (1) tives under § 679.61(d). An amendment to the sector entity (iv) Agent for service of process. The contract, with no change in entity par- entity’s agent for service of process ticipants, may be submitted to NMFS must— at any time and is effective upon writ- (A) Be authorized to receive and re- ten notification of approval by NMFS spond to any legal process issued in the to the entity representative. To amend United States with respect to all own- a contract, the entity representative ers and operators of vessels that are must submit a complete application, as members of an entity receiving a trans- described in paragraph (f)(8)(ii) of this ferable allocation of Chinook salmon section. PSC or with respect to a CDQ group. (2) To make additions or deletions to Service on or notice to the entity’s ap- the vessel owners represented by the pointed agent constitutes service on or entity for the next year, the entity rep- notice to all members of the entity. resentative must submit a complete (B) Be capable of accepting service on application, as described in paragraph behalf of the entity until December 31 (f)(8)(ii) of this section, by December 1. of the year five years after the cal- (iii) Entity representative. (A) The en- endar year for which the entity noti- tity’s representative must — fied the Regional Administrator of the (1) Act as the primary contact person identity of the agent. for NMFS on issues relating to the op- eration of the entity; (v) Absent a catcher/processor sector or (2) Submit on behalf of the entity mothership sector entity. If the catcher/ any applications required for the enti- processor sector or the mothership sec- ty to receive a transferable Chinook tor does not form an entity to receive salmon PSC allocation and to transfer a transferable allocation of Chinook some or all of that allocation to and salmon PSC, the sector will be man- from other entities eligible to receive aged by NMFS under a non-transfer- transfers of Chinook salmon PSC allo- able allocation of Chinook salmon PSC cations; under paragraph (f)(10) of this section. (3) Ensure that an agent for service (9) Transfers of Chinook salmon PSC. of process is designated by the entity; (i) A Chinook salmon PSC allocation and issued to eligible entities under para- (4) Ensure that NMFS is notified if a graph (f)(8)(i) of this section may be substitute agent for service of process transferred to any other entity receiv- is designated. Notification must in- ing a transferable allocation of Chi- clude the name, address, and telephone nook salmon PSC by submitting to number of the substitute agent in the NMFS an application for transfer de- event the previously designated agent scribed in paragraph (f)(9)(iii) of this is no longer capable of accepting serv- section. Transfers of Chinook salmon ice on behalf of the entity or its mem- PSC allocations among eligible entities bers within the 5-year period from the are subject to the following restric- time the agent is identified in the ap- tions: plication to NMFS under paragraph (A) Entities receiving transferable al- (f)(8)(ii) of this section. locations under the 60,000 PSC limit (B) Any vessel owner that is a mem- may only transfer to and from other ber of an inshore cooperative, or a entities receiving allocations under the member of the entity that represents 60,000 PSC limit. the catcher/processor sector or the (B) Entities receiving transferable al- mothership sector, may authorize the locations under the 45,000 PSC limit entity representative to sign a pro- may only transfer to and from other

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entities receiving allocations under the ices system and create a transfer re- 45,000 PSC limit. quest as indicated on the computer (C) Entities receiving transferable al- screen. By using the transferor’s NMFS locations under the 47,591 PSC limit ID, password, and Transfer Key, and may only transfer to and from other submitting the transfer request, the entities receiving allocations under the designated representative certifies that 47,591 PSC limit. all information is true, correct, and (D) Entities receiving transferable al- complete. locations under the 33,318 PSC limit (C) Certification of transferee—(1) Non- may only transfer to and from other electronic submittal. The transferee’s entities receiving allocations under the designated representative must sign 33,318 PSC limit. and date the application certifying (E) Chinook salmon PSC allocations that all information is true, correct, may not be transferred between sea- and complete. sons. (2) Electronic submittal. The trans- (ii) Post-delivery transfers. If the Chi- feree’s designated representative must nook salmon bycatch by an entity ex- log onto the NMFS online services sys- ceeds its seasonal allocation, the enti- tem and accept the transfer request as ty may receive transfers of Chinook indicated on the computer screen. By salmon PSC to cover overages for that using the transferee’s NMFS ID, pass- season. An entity may conduct trans- word, and Transfer Key, the designated fers to cover an overage that results representative certifies that all infor- from Chinook salmon bycatch from mation is true, correct, and complete. any fishing trip by a vessel fishing on (D) Deadline. NMFS will not approve behalf of that entity that was com- an application for transfer of Chinook pleted or is in progress at the time the salmon PSC after June 25 for the A sea- entity’s allocation is first exceeded. son or after December 1 for the B sea- Under § 679.7(d)(5)(ii)(C)(2) and son. (k)(8)(v)(B), vessels fishing on behalf of an entity that has exceeded its Chi- (10) Non-transferable Chinook salmon nook salmon PSC allocation for a sea- PSC allocations. (i) All vessels belong- son may not start a new fishing trip for ing to a sector that is ineligible to re- pollock in the BS on behalf of that ceive transferable allocations under same entity for the remainder of that paragraph (f)(8) of this section, any season. catcher vessels participating in an (iii) Application for transfer of Chinook inshore open access fishery, and all salmon PSC allocation—(A) Completed vessels fishing under the opt-out allo- application. NMFS will process a re- cation under paragraph (f)(5) of this quest for transfer of Chinook salmon section will fish under specific non- PSC provided that a paper or electronic transferable Chinook salmon PSC allo- application is completed, with all in- cations. formation fields accurately filled in. (ii) All vessels fishing under a non- Application forms are available on the transferable Chinook salmon PSC allo- NMFS Alaska Region Web site (http:// cation, including vessels fishing on be- alaskafisheries.noaa.gov/) or from NMFS half of a CDQ group, will be managed at the address in paragraph (b)(6) of together by NMFS under that non- this section. transferable allocation. If, during the (B) Certification of transferor—(1) Non- fishing year, the Regional Adminis- electronic submittal. The transferor’s trator determines that a seasonal non- designated representative must sign transferable Chinook salmon PSC allo- and date the application certifying cation will be reached, NMFS will pub- that all information is true, correct, lish a notice in the FEDERAL REGISTER and complete. The transferor’s des- closing the BS to directed fishing for ignated representative must submit pollock by those vessels fishing under the paper application as indicated on that non-transferable allocation for the the application. remainder of the season or for the re- (2) Electronic submittal. The trans- mainder of the year. feror’s designated entity representative (iii) For each non-transferable Chi- must log onto the NMFS online serv- nook salmon PSC allocation, NMFS

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will deduct from the B season alloca- (iii) Request for approval of a proposed tion any amount of Chinook salmon IPA. The IPA representative must sub- bycatch in the A season that exceeds mit a proposed IPA to NMFS at the ad- the amount available under the A sea- dress in paragraph (b)(6) of this section. son allocation. The proposed IPA must contain the fol- (11) Rollover of unused A season alloca- lowing information: tion—(i) Rollovers of transferable alloca- (A) Affidavit. The IPA must include tions. NMFS will add any Chinook the affidavit affirming that each eligi- salmon PSC allocation remaining at ble vessel owner or CDQ group, from the end of the A season, after any whom the IPA representative received transfers under paragraph (f)(9)(ii) of written notification requesting to join this section, to an entity’s B season al- the IPA, has been allowed to join the location. IPA subject to the same terms and con- (ii) Rollover of non-transferable alloca- ditions that have been agreed on by, tions. For a non-transferable allocation and are applicable to, all other parties for the mothership sector, catcher/ to the IPA. processor sector, or an inshore open ac- (B) Name of the IPA. cess fishery, NMFS will add any Chi- (C) Representative. The IPA must in- nook salmon PSC remaining in that clude the name, telephone number, and non-transferable allocation at the end email address of the IPA representative of the A season to that B season non- who submits the proposed IPA on be- transferable allocation. half of the parties and who is respon- sible for submitting proposed amend- (12) Salmon bycatch incentive plan ments to the IPA and the annual report agreements (IPAs)—(i) Minimum partici- required under paragraph (f)(13) of this pation requirements. More than one IPA section. may be approved by NMFS. Each IPA (D) Third party group. The IPA must must have participants that represent identify at least one third party group. the following: Third party groups include any entities (A) Parties Minimum percent pollock. representing western Alaskans who de- to an IPA must collectively represent pend on salmon and have an interest in at least 9 percent of the BS pollock salmon bycatch reduction but do not quota. directly fish in a groundfish fishery. (B) Minimum number of unaffiliated (E) Description of the incentive plan. AFA entities. Parties to an IPA must The IPA must contain a description of represent any combination of two or the following— more CDQ groups or corporations, part- (1) The incentive(s) that will be im- nerships, or individuals who own AFA- plemented under the IPA for the oper- permitted vessels and are not affili- ator of each vessel participating in the ated, as affiliation is defined for pur- IPA to avoid Chinook salmon and poses of AFA entities in § 679.2. chum salmon bycatch under any condi- (ii) Membership in an IPA. (A) No ves- tion of pollock and Chinook salmon sel owner or CDQ group is required to abundance in all years. join an IPA. (2) How the incentive(s) to avoid (B) For a vessel owner in the catcher/ chum salmon do not increase Chinook processor sector or mothership sector salmon bycatch. to join an IPA, that vessel owner must (3) The rewards for avoiding Chinook be a member of the entity representing salmon, penalties for failure to avoid that sector under paragraph (f)(8). Chinook salmon at the vessel level, or (C) For a CDQ group to be a member both. of an IPA, the CDQ group must sign the (4) How the incentive measures in the IPA and list in that IPA each vessel IPA are expected to promote reduc- harvesting BS pollock CDQ, on behalf tions in a vessel’s Chinook salmon and of that CDQ group, that will partici- chum salmon bycatch rates relative to pate in that IPA. what would have occurred in absence of (D) Once a member of an IPA, a ves- the incentive program. sel owner or CDQ group cannot with- (5) How the incentive measures in the draw from the IPA during a fishing IPA promote Chinook salmon and year. chum salmon savings in any condition

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of pollock abundance or Chinook salm- tor or the AFA mothership sector on abundance in a manner that is ex- under paragraph (f)(8) of this section pected to influence operational deci- may sign a proposed IPA on behalf of sions by vessel operators to avoid Chi- all vessels that are members of that nook salmon and chum salmon. inshore cooperative or sector level en- (6) How the IPA ensures that the op- tity. erator of each vessel governed by the (iv) Deadline and duration—(A) Dead- IPA will manage that vessel’s Chinook line for proposed IPA. A proposed IPA salmon bycatch to keep total bycatch must be received by NMFS no later below the performance standard de- than 1700 hours, A.l.t., on October 1 of scribed in paragraph (f)(6) of this sec- the year prior to the year for which the tion for the sector in which the vessel IPA is proposed to be effective. participates. (B) Duration. Once approved, an IPA (7) How the IPA ensures that the op- is effective starting January 1 of the erator of each vessel governed by the year following the year in which NMFS IPA will manage that vessel’s chum approves the IPA, unless the IPA is ap- salmon bycatch to avoid areas and proved between January 1 and January times where the chum salmon are like- 19, in which case the IPA is effective ly to return to western Alaska. starting in the year in which it is ap- (8) The rolling hot spot program for proved. Once approved, an IPA is effec- salmon bycatch avoidance that oper- tive until December 31 of the first year ates throughout the entire A season in which it is effective or until Decem- and B season and the agreement to pro- ber 31 of the year in which the IPA rep- vide notifications of closure areas and resentative notifies NMFS in writing any violations of the rolling hot spot that the IPA is no longer in effect, program to the third party group. whichever is later. An IPA may not ex- (9) The restrictions or penalties tar- pire mid-year. No party may join or geted at vessels that consistently have leave an IPA once it is approved, ex- significantly higher Chinook salmon cept as allowed under paragraph PSC rates relative to other vessels fish- (f)(12)(v)(C) of this section. ing at the same time. (v) NMFS review of a proposed IPA— (10) The requirement for vessels to (A) Approval. An IPA will be approved enter a fishery-wide in-season salmon by NMFS if it meets the following re- PSC data sharing agreement. quirements: (11) The requirement for the use of salmon excluder devices, with recogni- (1) Meets the minimum participation tion of contingencies, from January 20 requirements in paragraph (f)(12)(i) of to March 31, and from September 1 this section; until the end of the B season. (2) Is submitted in compliance with (12) The requirement that salmon the requirements of paragraphs savings credits are limited to a max- (f)(12)(ii) and (iv) of this section; and imum of three years for IPAs with (3) Contains the information required salmon savings credits. in paragraph (f)(12)(iii) of this section. (13) The restrictions or performance (B) IPA identification number. If ap- criteria used to ensure that Chinook proved, NMFS will assign an IPA iden- salmon PSC rates in October are not tification number to the approved IPA. significantly higher than those This number must be used by the IPA achieved in the preceding months. representative in amendments to the (F) Compliance agreement. The IPA IPA. must include a written statement that (C) Amendments to an IPA. Amend- all parties to the IPA agree to comply ments to an approved IPA may be sub- with all provisions of the IPA. mitted to NMFS at any time and will (G) Signatures. The names and signa- be reviewed under the requirements of tures of the owner or representative for this paragraph (f)(12). An amendment each vessel and CDQ group that is a to an approved IPA is effective upon party to the IPA. The representative of written notification of approval by an inshore cooperative, or the rep- NMFS to the IPA representative. resentative of the entity formed to rep- (D) Disapproval. (1) NMFS will dis- resent the AFA catcher/processor sec- approve a proposed IPA or a proposed

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amendment to an IPA for either of the subject to the IAD that are not cur- following reasons: rently members of an approved IPA (i) If the proposed IPA fails to meet will fish under the opt-out allocation any of the requirements of paragraphs under paragraph (f)(5) of this section. If (f)(12)(i) through (iii) of this section, or no other IPA has been approved by (ii) If a proposed amendment to an NMFS, NMFS will issue all sectors al- IPA would cause the IPA to no longer locations of the 47,591 Chinook salmon be consistent with the requirements of PSC limit as described in paragraph paragraphs (f)(12)(i) through (iv) of this (f)(3)(iii)(C) of this section, or, in low section. Chinook salmon abundance years, allo- (2) Initial Administrative Determination cations of the 33,318 Chinook salmon (IAD). If, in NMFS’ review of the pro- PSC limit as described in paragraph posed IPA, NMFS identifies defi- (f)(3)(iii)(D) of this section. ciencies in the proposed IPA that re- (vi) Public release of an IPA. NMFS quire disapproval of the proposed IPA, will make all proposed IPAs and all ap- NMFS will notify the applicant in writ- proved IPAs and the list of participants ing. The IPA representative will be in each approved IPA available to the provided one 30-day period to address, public on the NMFS Alaska Region in writing, the deficiencies identified Web site by NMFS. Additional information or a (http://alaskafisheries.noaa.gov/). revised IPA received by NMFS after (13) IPA Annual Report. The rep- the expiration of the 30-day period resentative of each approved IPA must specified by NMFS will not be consid- submit a written annual report to the ered for purposes of the review of the Council at the address specified in proposed IPA. NMFS will evaluate any § 679.61(f). The Council will make the additional information submitted by annual report available to the public. the applicant within the 30-day period. (i) Submission deadline. The IPA An- If the Regional Administrator deter- nual Report must be received by the mines that the additional information Council no later than March 15. addresses deficiencies in the proposed IPA, the Regional Administrator will (ii) Information requirements. The IPA approve the proposed IPA under para- Annual Report must contain the fol- graphs (f)(12)(iv)(B) and (f)(12)(v)(A) of lowing information: this section. However, if, after consid- (A) A comprehensive description of eration of the original proposed IPA the incentive measures, including the and any additional information sub- rolling hot spot program and salmon mitted during the 30-day period, NMFS excluder use, in effect in the previous determines that the proposed IPA does year; not comply with the requirements of (B) A description of how these incen- paragraph (f)(12) of this section, NMFS tive measures affected individual ves- will issue an initial administrative de- sels; termination (IAD) providing the rea- (C) An evaluation of whether incen- sons for disapproving the proposed IPA. tive measures were effective in achiev- (3) Administrative Appeals. An IPA ing salmon savings beyond levels that representative who receives an IAD dis- would have been achieved in absence of approving a proposed IPA may appeal the measures, including the effective- under the procedures set forth at ness of— § 679.43. If the IPA representative fails (1) Measures to ensure that chum to file an appeal of the IAD pursuant to salmon were avoided in areas and at § 679.43, the IAD will become the final times where chum salmon are likely to agency action. If the IAD is appealed return to western Alaska; and the final agency action is a deter- (2) Restrictions or penalties that tar- mination to approve the proposed IPA, get vessels that consistently have sig- then the IPA will be effective as de- nificantly higher Chinook salmon PSC scribed in paragraph (f)(12)(iv)(B) of rates relative to other vessels; and this section. (3) Restrictions or performance cri- (4) Pending appeal. While appeal of an teria used to ensure that Chinook PSC IAD disapproving a proposed IPA is rates in October are not significantly pending, proposed members of the IPA higher than in previous months.

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(D) A description of any amendments ating under an IPA approved by NMFS to the terms of the IPA that were ap- under paragraph (f)(12) of this section proved by NMFS since the last annual are exempt from closures in the Chum report and the reasons that the amend- Salmon Savings Area. ments to the IPA were made. (15) Salmon handling. Regulations in (E) The sub-allocation to each par- this paragraph apply to vessels di- ticipating vessel of the number of Chi- rected fishing for pollock in the BS, in- nook salmon PSC and amount of pol- cluding pollock CDQ, and processors lock (mt) at the start of each fishing taking deliveries from these vessels. season, and number of Chinook salmon (i) Salmon discard. The operator of a PSC and amount of pollock (mt) vessel and the manager of a shoreside caught at the end of each season. processor or SFP must not discard any (F) The following information on in- salmon or transfer or process any salm- season transfer of Chinook salmon PSC on under the PSD Program at § 679.26 if and pollock among AFA cooperatives, the salmon were taken incidental to a entities eligible to receive Chinook directed fishery for pollock in the BS salmon PSC allocations, or CDQ until the number of salmon has been groups: determined by the observer and the ob- (1) Date of transfer; server’s collection of any scientific (2) Name of transferor; data or biological samples from the (3) Name of transferee; salmon has been completed. (4) Number of Chinook salmon PSC (ii) Salmon retention and storage. (A) transferred; and Operators of catcher/processors or (5) Amount of pollock (mt) trans- motherships must— ferred. (1) Sort and transport all salmon by- (G) The following information on in- catch from each haul to an approved season transfers among vessels partici- storage container located adjacent to pating in the IPA: the observer sampling station that al- (1) Date of transfer; lows an observer free and unobstructed (2) Name of transferor; access to the salmon (see § 679.28(d)(2)(i) (3) Name of transferee; and (d)(7)). The salmon storage con- (4) Number of Chinook salmon PSC tainer must remain in view of the ob- transferred; and server from the observer sampling sta- (5) Amount pollock (mt) transferred. tion at all times during the sorting of (14) Non-Chinook salmon prohibited the haul. species catch (PSC) limit and Chum Salm- (2) If, at any point during sorting of on Savings Area. (i) The PSC limit for a haul or delivery, the salmon are too non-Chinook salmon caught by vessels numerous to be contained in the salm- using trawl gear from August 15 on storage container, cease all sorting through October 14 in the Catcher Ves- and give the observer the opportunity sel Operational Area, as defined under to count the salmon in the storage con- § 679.22(a)(5) and in Figure 2 to this tainer and collect scientific data or bi- part, is 42,000 fish. ological samples. Once the observer has (ii) 10.7 percent of the non-Chinook completed all counting and sampling PSC limit is allocated to the CDQ Pro- duties for the counted salmon, the gram as a PSQ reserve. salmon must be removed by vessel per- (iii) If the Regional Administrator sonnel from the approved storage con- determines that 42,000 non-Chinook tainer and the observer sampling sta- salmon have been caught by vessels tion, in the presence of the observer. using trawl gear during the period Au- (3) Before sorting of the next haul gust 15 through October 14 in the may begin, give the observer the oppor- Catcher Vessel Operational Area, tunity to complete the count of salmon NMFS will prohibit fishing for pollock and the collection of scientific data or for the remainder of the period Sep- biological samples from the previous tember 1 through October 14 in the haul. When the observer has completed Chum Salmon Savings Area as defined all counting and sampling duties for a in Figure 9 to this part. haul or delivery, vessel personnel must (iv) Trawl vessels participating in di- remove the salmon, in the presence of rected fishing for pollock and oper- the observer, from the salmon storage

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container and the observer sampling (3) Sort and transport all salmon of station. any species to the salmon storage con- (4) Ensure no salmon of any species tainer identified in the CMCP (see pass the observer sample collection § 679.28 (g)(7)(vi)(C) and (g)(7)(x)(F)). point, as identified in the scale drawing The salmon must remain in that salm- of the observer sampling station (see on storage container and within the § 679.28(d)(2)(i) and (d)(7)). view of the observer at all times during (B) Operators of vessels delivering to the offload. shoreside processors or stationary (4) If, at any point during the offload, floating processors must— salmon are too numerous to be con- (1) Retain all salmon taken inci- tained in the salmon storage container, dental to a directed fishery for pollock cease the offload and all sorting and in the BS until the salmon are deliv- give the observer the opportunity to ered to the processor receiving the ves- count the salmon and collect scientific sel’s BS pollock catch. data or biological samples. The count- (2) Notify the observer at least 15 ed salmon then must be removed from minutes before handling catch on board the area by plant personnel in the pres- the vessel, including, but not limited ence of the observer. to, moving catch from one location to (5) At the completion of the offload, another, sorting, or discard of catch give the observer the opportunity to prior to the delivery of catch to the count the salmon and collect scientific processor receiving the vessel’s BS pol- data or biological samples. lock catch. This notification require- (6) Before sorting of the next offload ment is in addition to the notification of catch from the BS pollock fishery requirements in § 679.51(e). may begin, give the observer the oppor- (3) Secure all salmon and catch after tunity to complete the count of salmon the observer has completed the collec- and the collection of scientific data or tion of scientific data and biological biological samples from the previous samples and after the vessel crew has offload of catch from the BS pollock completed handling the catch. All salmon and any other catch retained fishery. When the observer has com- on board the vessel must be made un- pleted all counting and sampling duties available for sorting and discard until for the offload, plant personnel must the delivery of catch to the processor remove the salmon, in the presence of receiving the vessel’s BS pollock catch. the observer, from the salmon storage Methods to make salmon or retained container and location where salmon catch unavailable for sorting or discard are counted and biological samples or include but are not limited to securing scientific data are collected. the catch in a completely enclosed con- (iii) Assignment of crew to assist ob- tainer above or below deck, securing server. Operators of vessels and man- the catch in an enclosed codend, or agers of shoreside processors and SFPs completely and securely covering the that are required to retain salmon fish on deck. under paragraph (f)(15)(i) of this sec- (4) Comply with the requirements in tion must designate and identify to the paragraphs (f)(15)(ii)(B)(2) and (3) of observer aboard the vessel, or at the this section, before handling the catch shoreside processor or SFP, a crew per- prior to delivery. son or employee responsible for ensur- (C) Shoreside processors or sta- ing all sorting, retention, and storage tionary floating processors must— of salmon occurs according to the re- (1) Comply with the requirements in quirements of (f)(15)(ii) of this section. § 679.28(g)(7)(vii) for the receipt, sort- (iv) Discard of salmon. Except for ing, and storage of salmon from deliv- salmon under the PSD Program at eries of catch from the BS pollock fish- § 679.26, all salmon must be returned to ery. the sea as soon as is practicable, fol- (2) Ensure no salmon of any species lowing notification by an observer that pass beyond the last point where sort- the number of salmon has been deter- ing of fish occurs, as identified in the mined and the collection of scientific scale drawing of the plant in the Catch data or biological samples has been Monitoring Control Plan (CMCP). completed.

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(g) Chinook salmon bycatch manage- lock in the Western reporting area of ment in the AI pollock fishery—(1) Appli- the GOA is 6,684 Chinook salmon. cability. This paragraph contains regu- (ii) The annual PSC limit for vessels lations governing the bycatch of Chi- participating in the directed fishery for nook salmon in the AI pollock fishery. pollock in the Central reporting area of (2) AI Chinook salmon PSC limit. (i) the GOA is 18,316 Chinook salmon. The PSC limit for Chinook salmon (3) GOA non-pollock trawl sectors. For caught by vessels while harvesting pol- the purposes of accounting for the an- lock in the AI is 700 fish. nual Chinook salmon PSC limits at (ii) 7.5 percent of the PSC limit is al- paragraph (h)(4)(i) of this section, the located to the CDQ Program as a PSQ non-pollock trawl sectors are: reserve. (i) Trawl catcher/processor sector. The (3) Area closures. If, during the fishing Trawl catcher/processor sector is any year, the Regional Administrator de- catcher/processor vessel fishing for termines that catch of Chinook salmon groundfish, other than pollock, with by vessels using trawl gear while di- trawl gear in the Western or Central rected fishing for pollock in the AI will GOA reporting area and processing reach the PSC limit, NMFS, by notifi- that groundfish at sea; cation in the FEDERAL REGISTER, will close the AI Chinook Salmon Savings (ii) Rockfish Program catcher vessel sec- Area, as defined in Figure 8 to this tor. The Rockfish Program catcher ves- part, to directed fishing for pollock sel sector is any catcher vessel fishing with trawl gear on the following dates: for groundfish, other than pollock, (i) From the effective date of the clo- with trawl gear in the Western or Cen- sure until April 15, and from September tral reporting area of the GOA and op- 1 through December 31, if the Regional erating under the authority of a Cen- Administrator determines that the an- tral GOA Rockfish Program CQ permit nual limit of AI Chinook salmon will assigned to the catcher vessel sector; be attained before April 15. and (ii) From September 1 through De- (iii) Non-Rockfish Program catcher ves- cember 31, if the Regional Adminis- sel sector. The Non-Rockfish Program trator determines that the annual catcher vessel sector is any catcher limit of AI Chinook salmon will be at- vessel fishing for groundfish, other tained after April 15. than pollock, with trawl gear in the (h) GOA Chinook Salmon PSC Manage- Western or Central reporting area of ment—(1) Applicability. Regulations in the GOA and not operating under the this paragraph apply to trawl vessels authority of a Central GOA Rockfish participating in the directed fishery for Program CQ permit assigned to the groundfish in the Western and Central catcher vessel sector. reporting areas of the GOA and proc- (4) GOA Chinook salmon PSC limits for essors receiving deliveries from these non-pollock trawl fisheries. (i) The an- vessels. nual Chinook salmon PSC limits in the (2) GOA Chinook salmon PSC limits for Western and Central reporting areas of the pollock sectors (fisheries). (i) The an- the GOA for the sectors defined in nual PSC limit for vessels partici- paragraph (h)(3) of this section are as pating in the directed fishery for pol- follows:

Unless, the use If so, in the The total Chi- of the Chinook following cal- nook salmon salmon PSC limit endar year, the For the following sectors defined in § 679.21(h)(3) . . . PSC limit in each for that sector in Chinook salmon calendar year is a calendar year PSC limit for that ... does not exceed sector will be ......

(A) Trawl catcher/processor sector ...... 3,600 3,120 4,080

(B) Rockfish Program catcher vessel sector ...... 1,200 N/A

(C) Non-Rockfish Program catcher vessel sector ...... 2,700 2,340 3,060

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(ii) For the Trawl catcher/processor Chinook salmon PSC limit reappor- sector defined in paragraph (h)(3)(i) of tionments in the GOA. this section: (iv) On an annual basis, NMFS shall (A) The seasonal PSC limit prior to not reapportion an amount of unused June 1 is 2,376 Chinook salmon if the Chinook salmon PSC greater than the annual Chinook salmon PSC limit is following amounts: 3,600. The seasonal PSC limit prior to (A) 3,342 Chinook salmon to vessels June 1 is 2,693 Chinook salmon if the participating in the directed fishery for annual Chinook salmon PSC limit is pollock in the Western reporting area 4,080. of the GOA; (B) The number of Chinook salmon (B) 9,158 Chinook salmon to vessels PSC available on June 1 through the participating in the directed fishery for remainder of the calendar year is the pollock in the Central reporting area of annual Chinook salmon PSC limit the GOA; specified for the Trawl catcher/proc- (C) 600 Chinook salmon to the Rock- essor sector minus the number of Chi- fish Program catcher vessel sector de- nook salmon used by that sector prior fined in paragraph (h)(3)(ii) of this sec- to June 1 and any Chinook salmon PSC tion; and limit reapportioned to another sector (D) 1,350 Chinook salmon to the Non- specified at paragraph (h)(5)(iii) of this Rockfish Program catcher vessel sector section prior to June 1. defined in paragraph (h)(3)(iii) of this (5) Inseason reapportionment of Chi- section. nook salmon PSC limits. (i) On October 1, (6) Salmon retention. (i) The operator the Regional Administrator may re- of a vessel, including but not limited to allocate any unused Chinook salmon a catcher vessel or tender, must retain PSC available to the Rockfish Program all salmon until delivered to a proc- catcher vessel sector, defined in para- essing facility. graph (h)(3)(ii) of this section, in excess (ii) The operator of a catcher/proc- of 150 Chinook salmon to the Non- essor or the owner and manager of a Rockfish Program catcher vessel sec- shoreside processor or SFP receiving tor, but not to exceed the Non-Rock- groundfish deliveries from trawl ves- fish Program catcher vessel sector’s sels must retain all salmon until the limit on Chinook salmon PSC reappor- number of salmon by species has been tionment as defined in paragraph accurately recorded in the eLandings (h)(5)(iv)(D) of this section. at-sea production report or eLandings (ii) On November 15, the Regional Ad- groundfish landing report. ministrator may reallocate all remain- (iii) The owner and manager of a ing Chinook salmon PSC available to shoreside processor or SFP receiving the Rockfish Program catcher vessel pollock deliveries must, if an observer sector, defined in paragraph (h)(3)(ii) of is present, retain all salmon until the this section, to the Non-Rockfish Pro- observer is provided the opportunity to gram catcher vessel sector, but not to count the number of salmon and col- exceed the Non-Rockfish Program lect scientific data or biological sam- catcher vessel sector’s limit on Chi- ples from the salmon. nook salmon PSC reapportionment as (iv) The operator of a catcher/proc- defined in paragraph (h)(5)(iv)(D) of essor must retain all salmon until an this section. observer is provided the opportunity to (iii) Any Chinook salmon PSC limit collect scientific data or biological in paragraphs (h)(2) or (h)(4) of this sec- samples from the salmon. tion projected by the Regional Admin- (7) Salmon discard. Except for salmon istrator to be unused during the re- under the PSD program defined in mainder of the fishing year may be re- § 679.26, all salmon must be discarded apportioned subject to the Chinook after the requirements at paragraph salmon PSC limits in paragraphs (h)(6)(ii) or (h)(6)(iii) of this section (h)(5)(iv)(A) through (D) of this section have been met. for the remainder of the fishing year. (8) GOA Chinook salmon PSC closures. NMFS will publish notification in the If, during the fishing year, the Re- FEDERAL REGISTER announcing any gional Administrator determines that:

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(i) Vessels participating in the di- § 679.22 Closures. rected fishery for pollock in the West- (a) BSAI—(1) Zone 1 (512) closure to ern reporting area or Central reporting trawl gear. No fishing with trawl gear is area of the GOA will reach the applica- allowed at any time in reporting Area ble Chinook salmon PSC limit specified 512 of Zone 1 in the Bering Sea subarea. for that reporting area under para- (2) Zone 1 (516) closure to trawl gear. graph (h)(2) of this section or the appli- No fishing with trawl gear is allowed at cable limit following any reapportion- any time in reporting Area 516 of Zone ment under paragraph (h)(5) of this sec- 1 in the Bering Sea Subarea during the tion, NMFS will publish notification in period March 15 through June 15. the FEDERAL REGISTER closing the ap- (3) Red King Crab Savings Area plicable regulatory area to directed (RKCSA). Directed fishing for ground- fishing for pollock; fish by vessels using trawl gear other (ii) Vessels in a sector defined in than pelagic trawl gear is prohibited at paragraph (h)(3) of this section will all times, except as provided at reach the applicable Chinook salmon § 679.21(e)(3)(ii)(B), in that part of the PSC limit specified for that sector Bering Sea subarea defined as RKCSA under paragraph (h)(4)(i) of this section in Figure 11 to this part. or the applicable limit following any (4) Walrus protection areas. (i) From reapportionment under paragraph April 1 through September 30 of each (h)(5) of this section, NMFS will pub- calendar year, vessels designated on a lish notification in the FEDERAL REG- Federal fisheries permit issued under ISTER closing directed fishing for all § 679.4 are prohibited from deploying groundfish species, other than pollock, fishing gear in that part of the Bering with trawl gear in the Western and Sea subarea between 3 and 12 nm sea- Central reporting areas of the GOA for ward of the baseline used to measure that sector; or the territorial sea around islands (iii) Vessels in the Trawl catcher/ named Round Island and The Twins, as processor sector defined in paragraph shown on National Ocean Survey Chart ° ′ (h)(3)(i) of this section will reach the 16315, and around Cape Peirce (58 33 N. ° ′ seasonal Chinook salmon PSC limit lat., 161 43 W. long.). specified at paragraph (h)(4)(ii)(A) of (ii) From April 1 through September this section prior to June 1, NMFS will 30 of each calendar year, vessels des- ignated on a Federal fisheries permit publish notification in the FEDERAL issued under § 679.4 are prohibited in REGISTER closing directed fishing for all groundfish species, other than pol- that part of the Bering Sea subarea be- lock, with trawl gear in the Western tween 3 and 12 nm seaward of the base- and Central reporting areas of the GOA line used to measure the territorial sea for all vessels in the Trawl catcher/ around islands named Round Island processor sector until June 1. Directed and The Twins, as shown on National Ocean Survey Chart 16315, and around fishing for groundfish species, other ° ′ ° ′ than pollock will reopen on June 1 for Cape Peirce (58 33 N. lat., 161 43 W. the Trawl catcher/processor sector de- long.), except that from April 1 fined in paragraph (h)(3)(i) of this sec- through August 15 of each calendar tion with the Chinook salmon PSC year vessels designated on a Federal limit determined at paragraph fisheries permit are not prohibited (h)(4)(ii)(B) of this section unless from entering and transiting through NMFS determines that the amount of waters off: Chinook salmon PSC available to the (A) Round Island, north of a straight line connecting 58°47.90′ N. lat./160°21.91′ sector is insufficient to allow the sec- ° ′ ° ′ tor to fish and not exceed its annual W. long., and 58 32.94 N. lat./159 35.45 Chinook salmon PSC limit. W. long.; and (B) Cape Peirce, east of a straight [61 FR 31230, June 19, 1996] line connecting 58°30.00′ N. lat./161°46.20′ W. long., and 58°21.00′ N. lat./161°46.20′ EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 679.21, see the List of CFR W. long. Sections Affected, which appears in the (5) Catcher Vessel Operational Area Finding Aids section of the printed volume (CVOA)—(i) Definition. The CVOA is de- and at www.govinfo.gov. fined as that part of the BSAI that is

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south of 56°00′ N lat. and between 163°00′ using jig or hook-and-line gear in the W long. and 167°30′ W long., and north exemption area by notification pub- of the Aleutian Islands (Figure 2 to lished in the FEDERAL REGISTER. part 679). (ii) Bering Sea Pollock Restriction Area. (ii) Catcher/processor restrictions. A (A) Boundaries. The Bering Sea Pollock catcher/processor vessel authorized to Restriction Area consists of all waters fish for BSAI pollock under § 679.4 is of the Bering Sea subarea south of a prohibited from conducting directed line connecting the points 163°0′00″ W fishing for pollock in the CVOA during long./55°46′30″ N lat., 165°08′00″ W long./ the B pollock season defined at 54°42′9″ N lat., 165°40′00″ W long./54°26′30″ § 679.23(e)(2)(ii), unless it is directed N lat., 166°12′00″ W long./54°18′40″ N lat., fishing for Pollock CDQ. and 167°0′00″ W long./54°8′50″ N lat. (6) Pribilof Islands Habitat Conserva- (B) Fishing prohibition. All waters tion Zone. Directed fishing for ground- within the Bering Sea Pollock Restric- fish using trawl gear and directed fish- tion Area are closed during the A sea- ing for Pacific cod using pot gear is son, as defined at § 679.23(e)(2), to di- prohibited at all times in the area de- rected fishing for pollock by vessels fined in Figure 10 to this part as the named on a Federal Fisheries Permit Pribilof Islands Habitat Conservation under § 679.4(b). Zone. (iii) Groundfish closures. Directed (7) Steller sea lion protection areas, Ber- fishing for groundfish by vessels named ing Sea reporting areas. (A) Boundaries. on a Federal Fisheries Permit under The Bogoslof area consists of all waters § 679.4(b) is prohibited within 3 nm of of area 518 as described in Figure 1 of selected sites. These sites are listed in this part south of a straight line con- Table 12 of this part and are identified necting 55°00′ N lat./170°00′ W long., and by ‘‘Bering Sea’’ in column 2. 55°00′ N lat./168°11′4.75′ W long.; (iv) Pollock closures. Directed fishing (B) Fishing prohibition. All waters for pollock by vessels named on a Fed- within the Bogoslof area are closed to eral Fisheries Permit under § 679.4(b) is directed fishing for pollock, Pacific prohibited within pollock no-fishing cod, and Atka mackerel by vessels zones around selected sites. These sites named on a Federal Fisheries Permit are listed in Table 4 of this part and under § 679.4(b), except as provided in are identified by ‘‘Bering Sea’’ in col- paragraph (a)(7)(i)(C) of this section. umn 2. (C) Bogoslof Pacific cod exemption area. (v) Pacific cod closures. Directed fish- (1) All catcher vessels less than 60 ft ing for Pacific cod by vessels named on (18.3 m) LOA using jig or hook-and-line a Federal Fisheries Permit under gear for directed fishing for Pacific cod § 679.4(b) and using trawl, hook-and- are exempt from the Pacific cod fishing line, or pot gear is prohibited within prohibition as described in paragraph the Pacific cod no-fishing zones around (a)(7)(i)(B) of this section in the por- selected sites. These sites and gear tion of the Bogoslof area south of a line types are listed in Table 5 of this part connecting a point 3 nm north of and are identified by ‘‘BS’’ in column 2. Bishop Point (54°01′25″ N lat./166°57′00″ (vi) Atka mackerel closures. Directed W long.) to Cape Tanak (53°33′50″ N lat./ fishing for Atka mackerel by vessels 168°00′00″ W long.), not including waters named on a Federal Fisheries Permit of the Bishop Point Pacific cod fishing under § 679.4(b) and using trawl gear is closures as described in Table 5 of this prohibited within the Bering Sea re- part. porting areas. (2) If the Regional Administrator de- (vii) Steller sea lion conservation area termines that 113 mt of Pacific cod (SCA)—(A) General. Directed fishing for have been caught by catcher vessels pollock by vessels catching pollock for less than 60 ft (18.3 m) LOA using jig or processing by the inshore component, hook-and-line gear in the exemption catcher/processors in the offshore com- area described in paragraph ponent, motherships in the offshore (a)(7)(i)(C)(1) of this section, the Re- component, or directed fishing for CDQ gional Administrator will prohibit di- pollock, is prohibited within the SCA rected fishing for Pacific cod by catch- until April 1 when the Regional Admin- er vessels less than 60 ft (18.3 m) LOA istrator announces, by notification in

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the FEDERAL REGISTER, that the cri- and between 173°30′ W long. and 172°30′ teria set out in paragraph (a)(7)(vii)(C) W long. of this section have been met by that (B) Directed fishing for pollock, Pa- industry component. cific cod, and Atka mackerel by vessels (B) Boundaries. The SCA consists of named on a Federal Fisheries Permit the area of the Bering Sea subarea be- under § 679.4(b) is prohibited in the tween 170°00′ W long. and 163°00′ W Seguam Foraging area as described in long., south of straight lines con- paragraph (a)(8)(i)(A) of this section. necting the following points in the (ii) Pollock Closure. Directed fishing order listed: for pollock by vessels named on a Fed- 55°00′ N lat. 170°00′ W long.; eral Fisheries Permit under § 679.4(b) is 55°00′ N lat. 168°00′ W long.; prohibited within the pollock no-fish- ing zones around selected sites. These 55°30′ N lat. 168°00′ W long.; sites are listed in Table 4 of this part 55°30′ N lat. 166°00′ W long.; and are identified by ‘‘Aleutian I.’’ in ° ′ ° ′ 56 00 N lat. 166 00 W long.; and, column 2. 56°00′ N lat. 163°00′ W long. (iii) Groundfish closures. Directed (C) Criteria for closure—(1) General. fishing for groundfish by vessels named The directed fishing closures identified on a Federal Fisheries Permit under in paragraph (a)(7)(vii)(A) of this sec- § 679.4(b) is prohibited within 3 nm of tion will take effect when the Regional selected sites. These sites are listed in Administrator determines that the Table 12 of this part and are identified harvest limit for pollock within the by ‘‘Aleutian Islands’’ in column 2. SCA, as specified in § 679.20(a)(5)(i)(C) is (iv) Pacific cod closures. Directed fish- reached before April 1. The Regional ing for Pacific cod required to be de- Administrator shall prohibit directed ducted from the Federal TAC specified fishing for pollock in the SCA by noti- at § 679.20 by vessels named on a Fed- fication published in the FEDERAL REG- eral Fisheries Permit under § 679.4(b) ISTER. using trawl, hook-and-line, or pot gear (2) Inshore catcher vessels greater than is prohibited within Pacific cod no- 99 ft (30.2 m) LOA. The Regional Admin- fishing zones around selected sites. istrator will prohibit directed fishing These sites and gear types are de- for pollock by vessels greater than 99 ft scribed in Table 5 of this part and its (30.2 m) LOA, catching pollock for footnotes and are identified by ‘‘AI’’ in processing by the inshore component column 2. before reaching the inshore SCA har- (v) Atka mackerel closures. Directed vest limit before April 1 to accommo- fishing for Atka mackerel by vessels date fishing by vessels less than or named on a Federal Fisheries Permit equal to 99 ft (30.2 m) inside the SCA under § 679.4(b) and using trawl gear is until April 1. The Regional Adminis- prohibited within Atka mackerel no- trator will estimate how much of the fishing zones around selected sites. inshore seasonal allowance is likely to These sites are listed in Table 6 of this be harvested by catcher vessels less part and are identified by ‘‘Aleutian Is- than or equal to 99 ft (30.2 m) LOA and lands’’ in column 2. reserve a sufficient amount of the (9) Nearshore Bristol Bay Trawl Clo- inshore SCA allowance to accommo- sure. Directed fishing for groundfish by date fishing by such vessels after the vessels using trawl gear in Bristol Bay, closure of the SCA to inshore vessels as described in the current edition of greater than 99 ft (30.2 m) LOA. The Re- NOAA chart 16006, is closed at all times gional Administrator will prohibit di- in the area east of 162°00′ W. long., ex- rected fishing for all inshore catcher cept that the Nearshore Bristol Bay vessels within the SCA when the har- Trawl Area defined in Figure 12 to this vest limit specified in § 679.20(a)(5)(i)(C) part is open to trawling from 1200 hours has been met before April 1. A.l.t., April 1 to 1200 hours A.l.t., June (8) Steller sea lion protection areas, 15 of each year. Aleutian Islands reporting areas—(i) (10) Chum Salmon Savings Area. Di- Seguam Foraging area. (A) The Seguam rected fishing for pollock by vessels foraging area is all waters within the using trawl gear is prohibited from Au- area between 52° N lat. and 53° N lat. gust 1 through August 31 in the Chum

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Salmon Savings Area defined at Figure tat Conservation Area specified at 9 to this part (see also § 679.21(f)(14)). Table 45 to this part. Vessels directed fishing for pollock in (20) St. Matthew Island Habitat Con- the BS, including pollock CDQ, and op- servation Area. No federally permitted erating under an approved IPA under vessel may fish with nonpelagic trawl § 679.21(f)(12) are exempt from closures gear in the St. Matthew Island Habitat in the Chum Salmon Savings Area. Conservation Area specified at Table 46 (11) [Reserved] to this part. (12) Alaska Seamount Habitat Protec- (21) Modified Gear Trawl Zone. No ves- tion Areas. No federally permitted ves- sel required to be federally permitted sel may fish with bottom contact gear may fish with nonpelagic trawl gear in in the Alaska Seamount Habitat Pro- the Modified Gear Trawl Zone specified tection Areas, as described in Table 22 at Table 51 to this part, except for fed- to this part. erally permitted vessels that are di- (13) Aleutian Islands Coral Habitat Pro- rected fishing for groundfish using tection Areas. No federally permitted modified nonpelagic trawl gear that vessel may fish with bottom contact meets the standards at § 679.24(f). gear in the Aleutian Islands Coral (b) GOA—(1) Kodiak Island, trawls Habitat Protection Areas, as described other than pelagic trawls—(i) Type I clo- in Table 23 to this part. sures. No person may trawl in waters of (14) Aleutian Islands Habitat Conserva- the EEZ within the vicinity of Kodiak tion Area. Except within those areas Island, as shown in Figure 5 to this identified as opened to nonpelagic part as Type I areas, from a vessel hav- trawl gear fishing in Table 24 to this ing any trawl other than a pelagic part, no federally permitted vessel may trawl either attached or on board. fish with nonpelagic trawl gear in the (ii) Type II closures. From February 15 Aleutian Islands Habitat Conservation to June 15, no person may trawl in wa- Area, as described in Table 24 to this ters of the EEZ within the vicinity of part. Kodiak Island, as shown in Figure 5 to (15) Bowers Ridge Habitat Conservation this part as Type II areas, from a vessel Zone. No federally permitted vessel having any trawl other than a pelagic may fish with mobile bottom contact trawl either attached or on board. gear in the Bowers Ridge Habitat Con- (iii) Type III closures. Type III areas servation Zone, as described in Table 25 are open unless otherwise closed to to this part. trawling. (16) Bering Sea Habitat Conservation (2) Steller sea lion protection areas—(i) Area. No federally permitted vessel Groundfish closures. Directed fishing for may fish with nonpelagic trawl gear in groundfish by vessels named on a Fed- the Bering Sea Habitat Conservation eral Fisheries Permit under § 679.4(b) is Area specified at Table 42 and Figure 16 prohibited within 3 nm of selected to this part. sites. These sites are listed in Table 12 (17) Northern Bering Sea Research of this part and are identified by ‘‘Gulf Area. No federally permitted vessel of Alaska’’ in column 2. may fish with nonpelagic trawl gear in (ii) Pollock closures. Directed fishing the Northern Bering Sea Research Area for pollock by vessels named on a Fed- specified at Table 43 and Figure 17 to eral Fisheries Permit under § 679.4(b) is this part. prohibited within pollock no-fishing (18) Nunivak Island, Etolin Strait, and zones around selected sites. These sites Kuskokwim Bay Habitat Conservation are listed in Table 4 of this part and Area. No federally permitted vessel are identified by ‘‘Gulf of Alaska’’ in may fish with nonpelagic trawl gear in column 2. the Nunivak Island, Etolin Strait, and (iii) Pacific cod closures. Directed fish- Kuskokwim Bay Habitat Conservation ing for Pacific cod by vessels named on Area specified at Table 44 and Figure 21 a Federal Fisheries Permit under to this part. § 679.4(b) and using trawl, hook-and- (19) St. Lawrence Island Habitat Con- line, or pot gear in the federally man- servation Area. No federally permitted aged Pacific cod or State of Alaska vessel may fish with nonpelagic trawl parallel groundfish fisheries, as defined gear in the St. Lawrence Island Habi- in Alaska Administrative Code (5 AAC

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28.087(c), January 3, 2002), is prohibited (10) Gulf of Alaska Slope Habitat Con- within Pacific cod no-fishing zones servation Areas. No federally permitted around selected sites. These sites and vessel may fish with nonpelagic trawl gear types are listed in Table 5 of this gear in the Gulf of Alaska Slope Habi- part and are identified by ‘‘GOA’’ in tat Conservation Areas, as described in column 2. Table 27 to this part. (iv) Atka mackerel closure. Directed (c) Directed fishing closures. See fishing for Atka mackerel by vessels § 679.20(d) and § 679.20(i). named on a Federal Fisheries Permit (d) Groundfish as prohibited species clo- under § 679.4(b) within the Gulf of Alas- sures. See § 679.20(d). ka subarea is prohibited at all times. (e) Overfishing closures. See § 679.20(d). (3) Marmot Bay Tanner Crab Protection Area. No federally permitted vessel (f) Prohibited species closures. See may fish with trawl gear in the § 679.21. Marmot Bay Tanner Crab Protection (g) [Reserved] Area, as described in Figure 5 to this (h) CDQ fisheries closures. See part, except federally permitted vessels § 679.7(d)(5) for time and area closures directed fishing for pollock using pe- that apply to the CDQ fisheries once lagic trawl gear. the non-Chinook salmon PSQ and crab (4) Southeast Outside District, gear PSQ amounts have been reached. other than nontrawl. Use of any gear (i) Forage fish, grenadiers, and squids other than nontrawl gear is prohibited closures. See § 679.20(i)(3). at all times in Southeast Outside Dis- trict defined at Figure 3 to this part. [61 FR 31230, June 19, 1996] (5) Sitka Pinnacles Marine Reserve. (i) EDITORIAL NOTE: For FEDERAL REGISTER ci- No FFP holder may fish for groundfish tations affecting § 679.22, see the List of CFR in the Sitka Pinnacles Marine Reserve, Sections Affected, which appears in the and no vessel named on an FFP may be Finding Aids section of the printed volume anchored in the Sitka Pinnacles Ma- and at www.govinfo.gov. rine Reserve, as described in Figure 18 to this part. § 679.23 Seasons. (ii) No person fishing under an IFQ (a) Groundfish, general. Fishing for halibut permit may fish for halibut and groundfish in the GOA and BSAI is au- no person fishing under an IFQ sable- thorized from 0001 hours, A.l.t., Janu- fish permit may fish for sablefish in ary 1, through 2400 hours, A.l.t., De- the Sitka Pinnacles Marine Reserve; cember 31, subject to the other provi- and no vessel with an IFQ permit hold- sions of this part, except as provided in er or IFQ hired master permit holder paragraph (c) of this section. onboard may be anchored in the Sitka (b) Time of groundfish openings and Pinnacles Marine Reserve, as described closures. The time of all openings and in Figure 18 to this part. closures of fishing seasons, other than (6) [Reserved] the beginning and end of the calendar (7) Cook Inlet. No person may use a fishing year, is 1200 hours, A.l.t. non-pelagic trawl in waters of the EEZ (c) GOA and BSAI trawl groundfish. of Cook Inlet north of a line from Cape Notwithstanding other provisions of Douglas (58°51.10′ N. lat.) to Point Adam (59°15.27′ N. lat.). this part, fishing for groundfish with (8) Alaska Seamount Habitat Protection trawl gear in the GOA and BSAI is pro- Areas. No federally permitted vessel hibited from 0001 hours, A.l.t., January may fish with bottom contact gear in 1, through 1200 hours, A.l.t., January the Alaska Seamount Habitat Protec- 20. tion Areas, as described in Table 22 to (d) GOA groundfish seasons—(1) Di- this part. rected fishing for trawl rockfish. Directed (9) Gulf of Alaska Coral Habitat Protec- fishing for rockfish with trawl gear is tion Areas. No federally permitted ves- authorized from 1200 hours, A.l.t., on sel may fish with bottom contact gear the first day of the third quarterly re- in the Gulf of Alaska Coral Habitat porting period of a fishing year Protection Areas, as described in Table through 2400 hours, A.l.t., December 31, 26 to this part. subject to other provisions of this part.

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(2) Directed fishing for pollock. Subject location is reached, whichever occurs to other provisions of this part, di- first. rected fishing for pollock in the West- (e) BSAI groundfish seasons—(1) Di- ern and Central Regulatory Areas is rected fishing for arrowtooth flounder, authorized only during the following Kamchatka flounder, and Greenland four seasons: turbot. Directed fishing for arrowtooth (i) A season. From 1200 hours, A.l.t., flounder, Kamchatka flounder, and January 20 through 1200 hours, A.l.t., Greenland turbot in the BSAI is au- March 10; thorized from 1200 hours, A.l.t., May 1 (ii) B season. From 1200 hours, A.l.t., through 2400 hours, A.l.t., December 31, March 10 through 1200 hours, A.l.t., subject to the other provisions of this May 31; part. (iii) C season. From 1200 hours, A.l.t., (2) Directed fishing for pollock in the August 25 through 1200 hours, A.l.t., Bering Sea subarea by inshore, offshore October 1; and catcher/processor, and mothership compo- (iv) D season. From 1200 hours, A.l.t., nents, in the AI directed pollock fishery, October 1 through 1200 hours, A.l.t., and pollock CDQ fisheries. Subject to November 1. other provisions of this part, directed (3) Directed fishing for Pacific cod (i) fishing for pollock by vessels catching Hook-and-line or pot gear. Subject to pollock for processing by the inshore other provisions of this part, directed component, catcher/processors in the fishing for Pacific cod with hook-and- offshore component, and motherships line or pot gear in the Western and in the offshore component in the Ber- Central GOA Regulatory Areas is au- ing Sea subarea, directed fishing for thorized only during the following two pollock in the AI directed pollock fish- seasons: ery, or directed fishing for CDQ pollock in the BSAI is authorized only during (A) A season. From 0001 hours, A.l.t., the following two seasons: January 1 through 1200 hours, A.l.t., (i) A season. From 1200 hours, A.l.t., June 10; and January 20 through 1200 hours, A.l.t., (B) B season. From 1200 hours, A.l.t., June 10; and September 1 through 2400 hours, A.l.t., (ii) B season. From 1200 hours, A.l.t., December 31. June 10 through 1200 hours, A.l.t., No- (ii) Trawl gear. Subject to other pro- vember 1. visions of this part, directed fishing for (3) Directed fishing for Atka mackerel Pacific cod with trawl gear in the with trawl gear. Subject to other provi- Western and Central Regulatory Areas sions of this part, directed fishing for is authorized only during the following Atka mackerel with trawl gear in the two seasons: BSAI is authorized only during the fol- (A) A season. From 1200 hours, A.l.t., lowing two seasons: January 20 through 1200 hours, A.l.t., (i) A season. From 1200 hours, A.l.t., June 10; and January 20 through 1200 hours, A.l.t., (B) B season. From 1200 hours, A.l.t., June 10; and September 1 through 1200 hours, A.l.t., (ii) B season. From 1200 hours, A.l.t., November 1. June 10 through 1200 hours, A.l.t., De- (iii) Jig gear. Subject to other provi- cember 31. sions of this part, directed fishing for (4) CDQ fishing seasons. (i) Halibut Pacific cod with jig gear in the Western CDQ. Fishing for CDQ halibut with and Central GOA Regulatory Areas is fixed gear under an approved CDQ allo- authorized only during the following cation may begin on the effective date two seasons: of the allocation, except that CDQ fish- (A) A season. From 0001 hours, A.l.t., ing may occur only during the fishing January 1 through 1200 hours, A.l.t., periods specified in the annual manage- June 10 or when the jig A season allo- ment measures published in the FED- cation is reached, whichever occurs ERAL REGISTER pursuant to § 300.62 of first; chapter III of this title. (B) B season. From 1200 hours, A.l.t., (ii) Sablefish CDQ. Fishing for CDQ June 10 through 2400 hours, A.l.t., De- sablefish with fixed gear under an ap- cember 31 or when the jig B season al- proved CDQ allocation may begin on

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the effective date of the allocation, ex- (B) B season. From 1200 hours, A.l.t., cept that it may occur only during the September 1 through 2400 hours, A.l.t., IFQ fishing season specified in para- December 31. graph (g)(1) of this section. (iv) Jig gear. Subject to other provi- (iii) Groundfish CDQ. Fishing for sions of this part, directed fishing for groundfish CDQ species, other than CDQ and non-CDQ Pacific cod with jig CDQ pollock; hook-and-line, pot, jig, or gear is authorized only during the fol- trawl CDQ Pacific cod; trawl CDQ Atka lowing three seasons: mackerel; and fixed gear CDQ sablefish (A) A season. From 0001 hours, A.l.t., under subpart C of this part, is author- January 1 through 1200 hours, A.l.t., ized from 0001 hours, A.l.t., January 1 April 30; through the end of each fishing year, (B) B season. From 1200 hours, A.l.t., except as provided under paragraph (c) April 30 through 1200 hours, A.l.t., Au- of this section. gust 31; (C) C season. From 1200 hours, A.l.t., (5) Directed fishing for Pacific cod—(i) August 31 through 2400 hours, A.l.t., Hook-and-line gear. Subject to other December 31. provisions of this part, directed fishing (f) IFQ halibut. The fishing period(s) for CDQ and non-CDQ Pacific cod with for IFQ halibut are established by the vessels equal to or greater than 60 ft IPHC and are specified in the annual (18.3 m) LOA using hook-and-line gear management measures published in the is authorized only during the following FEDERAL REGISTER pursuant to § 300.62 two seasons: of chapter III of this title. Catches of (A) A season. From 0001 hours, A.l.t., halibut by fixed gear at times other January 1 through 1200 hours, A.l.t., than during the specified fishing peri- June 10; and ods must be treated as prohibited spe- (B) B season. From 1200 hours, A.l.t., cies as prescribed at § 679.21(a). June 10 through 2400 hours, A.l.t., De- (g) IFQ sablefish. (1) Directed fishing cember 31. for sablefish using fixed gear in any (ii) Trawl gear. Subject to other pro- IFQ regulatory area may be conducted visions of this part, directed fishing for in any fishing year during the period CDQ and non-CDQ Pacific cod with specified by the Regional Adminis- trawl gear in the BSAI is authorized trator and announced by publication in only during the following three sea- the FEDERAL REGISTER. The Regional sons: Administrator will take into account (A) A season. From 1200 hours, A.l.t., the opening date of the halibut season January 20 through 1200 hours, A.l.t., when determining the opening date for April 1; sablefish for the purposes of reducing (B) B season. From 1200 hours, A.l.t., bycatch and regulatory discards be- April 1 through 1200 hours, A.l.t., June tween the two fisheries. 10; and (2) Except for catches of sablefish with longline pot gear in the GOA, (C) C season— (1) Catcher vessels and catches of sablefish by fixed gear dur- AFA catcher/processors. From 1200 ing other periods may be retained up to hours, A.l.t., June 10 through 1200 the amounts provided for by the di- hours, A.l.t., November 1. rected fishing standards specified at (2) Amendment 80 and CDQ. From 1200 § 679.20 when made by an individual hours, A.l.t., June 10 through 1200 aboard the vessel who has a valid IFQ hours, A.l.t., December 31. permit and unused IFQ in the account (iii) Pot gear. Subject to other provi- on which the permit was issued. sions of this part, non-CDQ directed (3) Catches of sablefish in excess of fishing for Pacific cod with vessels the maximum retainable bycatch equal to or greater than 60 ft (18.3 m) amounts and catches made without LOA using pot gear in the BSAI is au- IFQ must be treated in the same man- thorized only during the following two ner as prohibited species as defined at seasons: § 679.21(a). (A) A season. From 0001 hours, A.l.t., (h) Stand down requirements for trawl January 1 through 1200 hours, A.l.t., catcher vessels transiting between the June 10; and BSAI and GOA.

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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 GOA regu- 1200 hours A.l.t. on the third day after the to directed fishing in the BSAI. latory areas. 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 GOA regulatory area while pol- BSAI ...... 1200 hours A.l.t. on the third day after the lock or inshore Pacific cod is open to di- date of landing or transfer of all ground- rected fishing in the Western GOA regu- fish on board the vessel harvested in the latory area. Western Regulatory Area of the GOA, un- less you are participating in a CDQ fish- ery. (3) Central GOA regulatory area while pollock BSAI ...... 1200 hours A.l.t. on the second day after or inshore Pacific cod is open to directed the date of landing or transfer of all fishing in the Central GOA regulatory area. groundfish on board the vessel harvested in the Central GOA regulatory area , un- less you are participating in a CDQ fish- ery.

(i) Catcher vessel exclusive fishing sea- m) LOA are exempt from this restric- sons for pollock. Catcher vessels are pro- tion when fishing east of 157°00′ W long. hibited from participating in directed GOA and BSAI seasons are specified at fishing for pollock under the following § 679.23(d)(2) and § 679.23(e)(2). conditions. Vessels less than 125 ft (38.1

[61 FR 31230, June 19, 1996]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 679.23, see the List of CFR Sec- tions Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§ 679.24 Gear limitations. blefish in the Eastern GOA regulatory area. Regulations pertaining to vessel and gear markings are set forth in this sec- (B) No person may use any gear other tion and as prescribed in the annual than hook-and-line gear and longline management measures published in the pot gear to engage in directed fishing FEDERAL REGISTER pursuant to § 300.62 for IFQ sablefish. of chapter III of this title. (ii) Sablefish as prohibited species—(A) (a) Marking of hook-and-line, longline Trawl gear. When operators of vessels pot, and pot-and-line gear. (1) All hook- using trawl gear have harvested 5 per- and-line, longline pot, and pot-and-line cent of the TAC for sablefish in the marker buoys carried on board or used Eastern GOA regulatory area during by any vessel regulated under this part any year, further trawl catches of sa- shall be marked with the vessel’s Fed- blefish must be treated as prohibited eral fisheries permit number or species as provided by § 679.21(a). ADF&G vessel registration number. (B) Other gear. Operators of vessels (2) Markings shall be in characters at using gear types other than those spec- least 4 inches (10.16 cm) in height and ified in paragraph (c)(2)(i) of this sec- 0.5 inch (1.27 cm) in width in a con- tion in the Eastern GOA regulatory trasting color visible above the water area must treat any catch of sablefish line and shall be maintained so the as a prohibited species as provided by markings are clearly visible. § 679.21(a). (3) Each end of a set of longline pot (3) Central and Western GOA regu- gear deployed to fish IFQ sablefish in latory areas; sablefish as prohibited spe- the GOA must have attached a cluster cies. Operators of vessels using gear of four or more marker buoys including types other than hook-and-line, one hard buoy ball marked with the longline pot, and trawl gear in the Cen- capital letters ‘‘LP’’ in accordance tral and Western GOA regulatory areas with paragraph (a)(2) of this section, a must treat any catch of sablefish in flag mounted on a pole, and radar re- these areas as a prohibited species as flector floating on the sea surface. provided by § 679.21(a). (b) Gear restrictions—(1) Pots—— (4) BSAI. Operators of vessels using Longline pot gear. Any person using gear types other than hook-and-line, longline pot gear must treat any catch longline pot, pot-and-line, or trawl of groundfish as a prohibited species, gear in the BSAI must treat sablefish except: as a prohibited species as provided by (i) In the Aleutian Islands subarea. § 679.21(a). (ii) While directed fishing for sable- (d) Trawl gear test areas—(1) General. fish in the Bering Sea subarea. For purposes of allowing pelagic and (iii) While directed fishing for IFQ sa- nonpelagic trawl fishermen to test blefish in the GOA. trawl fishing gear, NMFS may estab- (2) [Reserved] lish, after consulting with the Council, (3) Trawl footrope. No person trawling locations for the testing of trawl fish- in any GOA area limited to pelagic ing gear in areas that would otherwise trawling under § 679.22 may allow the be closed to trawling. footrope of that trawl to be in contact (2) Trawl gear testing. For the pur- with the seabed for more than 10 per- poses of this section, ‘‘trawl gear test- cent of the period of any tow. ing’’ means deploying trawl gear in (4) BSAI pollock nonpelagic trawl pro- areas designated in this paragraph (d) hibition. No person may use nonpelagic and in Figure 7 to this part under the trawl gear to engage in directed fishing following conditions. for pollock in the BSAI. (i) The codend shall be unzipped (c) Gear restrictions for sablefish—(1) while trawl gear testing. Gear allocations. Gear allocations of sa- (ii) Groundfish shall not be possessed blefish TAC are set out under § 679.20. on board when trawl gear testing. (2) Eastern GOA regulatory area—(i) (iii) Observers aboard vessels during General. (A) No person may use any the time spent trawl gear testing shall gear other than hook-and-line, longline not fulfill observer requirements at pot, and trawl gear when fishing for sa- subpart E of this part.

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(3) Criteria. The establishment of test specified in paragraph (e)(3) of this sec- areas must comply with the following tion; criteria: (ii) Gear inspection. Upon request by (i) Depth and bottom type must be an authorized officer or observer, make suitable for testing the particular gear the seabird avoidance gear available type. for inspection; (ii) The areas must be outside State (iii) Gear use. Use seabird avoidance waters. gear as specified in paragraph (e)(3) of (iii) The areas must be in locations this section that meets standards as not normally closed to fishing with specified in paragraph (e)(4) of this sec- that gear type. tion, while hook-and-line gear is being (iv) The areas must be in locations deployed. that are not usually fished heavily by (iv) Sink baited hooks. Use hooks that that gear type. when baited, sink as soon as they are (v) The areas must not be within a put in the water. designated Steller sea lion protection (v) Offal discharge. (A) If offal is dis- area at any time of the year. charged while gear is being set or (4) Test areas. Trawl gear testing is hauled, discharge offal in a manner allowed in the following areas (Figure 7 that distracts seabirds from baited to this part) bounded by straight lines hooks, to the extent practicable. The connecting the coordinates in the order discharge site on board a vessel must listed, at all times: be either aft of the hauling station or (i) Kodiak Test Area. on the opposite side of the vessel from 57°37′ N. lat., 152°02′ W. long. the hauling station. 57°37′ N. lat., 151°25′ W. long. (B) Remove hooks from any offal ° ′ ° ′ 57 23 N. lat., 151 25 W. long. that is discharged. 57°23′ N. lat., 152°02′ W. long. 57°37′ N. lat., 152°02′ W. long. (C) Eliminate directed discharge through chutes or pipes of residual bait (ii) Sand Point Test Area. or offal from the stern of the vessel 54°50′ N. lat., 161°00′ W. long. while setting gear. This does not in- 54°50′ N. lat., 160°30′ W. long. clude baits falling off the hook or offal 54°35′ N. lat., 160°30′ W. long. discharges from other locations that 54°35′ N. lat., 161°00′ W. long. parallel the gear and subsequently drift ° ′ ° ′ 54 50 N. lat., 161 00 W. long. into the wake zone well aft of the ves- (iii) Bering Sea Test Area. sel. 55°00′ N. lat., 167°00′ W. long. (D) For vessels not deploying gear 55°00′ N. lat., 166°00′ W. long. from the stern, eliminate directed dis- 54°40′ N. lat., 166°00′ W. long. charge of residual bait or offal over 54°40′ N. lat., 167°00′ W. long. sinking hook-and-line gear while gear 55°00′ N. lat., 167°00′ W. long. is being deployed. (e) Seabird avoidance program for ves- (vi) Safe release of seabirds. Make sels fishing with hook-and-line gear—(1) every reasonable effort to ensure birds Applicability. The operator of a vessel brought on board alive are released that is longer than 26 ft (7.9 m) LOA alive and that, wherever possible, fishing with hook-and-line gear must hooks are removed without jeopard- comply with the seabird avoidance re- izing the life of the birds. quirements as specified in paragraphs (3) Seabird avoidance gear require- (e)(2) and (e)(3) of this section while ments. (See also Table 20 to this part.) fishing for any of the following species: (i) The operator of a vessel identified (i) IFQ halibut or CDQ halibut. in paragraph (e)(1) of this section must (ii) IFQ sablefish. comply with paragraph (e)(3)(ii) or (iii) Groundfish in the EEZ off Alas- (e)(3)(iii) of this section while fishing ka. with hook-and-line gear for groundfish, (2) Seabird Avoidance Requirements. IFQ halibut, CDQ halibut, or IFQ sable- The operator of a vessel described in fish in Federal waters (EEZ) and for paragraph (e)(1) of this section must: IFQ halibut, CDQ halibut, or IFQ sable- (i) Gear onboard. Have onboard the fish in the State of Alaska waters, ex- vessel the seabird avoidance gear as cluding fishing in:

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(A) NMFS Reporting Area 649 (Prince (ii) Single streamer standard. (A) A sin- William Sound); gle streamer line must: (B) State waters of Cook Inlet; (1) Be a minimum of 300 feet (91.4 m) (C) NMFS Reporting Area 659 (East- in length; ern GOA Regulatory Area; Southeast (2) Have streamers spaced every 16.4 Inside District), but including waters ft (5 m); in the areas south of a straight line at (3) Be deployed before the first hook 56°17.25 N. lat. between Point Harris is set in such a way that streamers are and Port Armstrong in Chatham in the air for a minimum of 131.2 ft (40 Strait, State statistical areas 325431 m) aft of the stern and within 6.6 ft (2 and 325401, and west of a straight line m) horizontally of the point where the at 136°21.17 E. long. from Point main groundline enters the water. Wimbledon extending south through (4) Have individual streamers that the Inian Islands to Point Lavinia; and hang attached to the mainline to 9.8 in (D) Area 4E with a vessel less than or (0.25 m) above the waterline in the ab- equal to 55 ft (16.8 m) LOA, but includ- sence of wind. ° ing fishing in waters south of 60 00.00 (5) Have streamers constructed of ° N. lat. and west of 160 00.00 W. long. material that is brightly colored, UV- (ii) Using other than snap gear, protected plastic tubing or 3/8 inch pol- (A) A minimum of 1 buoy bag line as yester line or material of an equivalent specified in paragraph (e)(4)(i) of this density. section must be used by vessels greater (B) Weather exception: In winds ex- than 26 ft (7.9 m) LOA and less than or ceeding 45 knots (storm or Beaufort 9 equal to 55 ft (16.8 m) LOA without conditions), the use of a single stream- masts, poles, or rigging. er line is discretionary. (B) A minimum of a single streamer (iii) Paired streamer standard: (A) At line as specified in paragraph (e)(4)(ii) least one streamer line must be de- of this section must be used by vessels ployed before the first hook is set and greater than 26 ft (7.9 m) LOA and less two streamer lines must be fully de- than or equal to 55 ft (16.8 m) LOA with ployed within 90 seconds. masts, poles, or rigging. (C) A minimum of a paired streamer (B) Weather exceptions: In conditions line of a standard as specified in para- of wind speeds exceeding 30 knots (near graph (e)(4)(iii) of this section must be gale or Beaufort 7 conditions), but less used by vessels greater than 55 ft (16.8 than or equal to 45 knots, a single m) LOA. streamer must be deployed from the (iii) Using snap gear, windward side of the vessel. In winds (A) A minimum of 1 buoy bag line as exceeding 45 knots (storm or Beaufort 9 specified in paragraph (e)(4)(i) of this conditions), the use of streamer lines is section must be used by vessels greater discretionary. than 26 ft (7.9 m) LOA and less than or (C) Streamer lines must: equal to 55 ft (16.8 m) LOA without (1) Be deployed in such a way that masts, poles, or rigging. streamers are in the air for a minimum (B) A minimum of a single streamer of 131.2 ft (40 m) aft of the stern for ves- line as specified in paragraph (e)(4)(iv) sels under 100 ft (30.5 m) and 196.9 ft (60 of this section must be used by vessels m) aft of the stern for vessels 100 ft greater than 26 ft (7.9 m) LOA and less (30.5 m) or over; than or equal to 55 ft (16.8 m) LOA with (2) Be a minimum of 300 feet (91.4 m) masts, poles, or rigging. in length; (C) A minimum of a single streamer (3) Have streamers spaced every 16.4 line as specified in paragraph (e)(4)(iv) ft (5 m); of this section must be used by vessels (4) For vessels deploying hook-and- greater than 55 ft (16.8 m) LOA. line gear from the stern, the streamer (4) Seabird avoidance gear performance lines must be deployed from the stern, and material standards: one on each side of the main ground- (i) Buoy bag line weather exception. In line. winds exceeding 45 knots (storm or (5) For vessels deploying gear from Beaufort 9 conditions), the use of a the side, the streamer lines must be de- buoy bag line is discretionary. ployed from the stern, one over the

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main groundline and the other on one Trawl Gear Zone specified in Table 51 side of the main groundline. to this part. Nonpelagic trawl gear (6) Have individual streamers that used by these vessels must meet the hang attached to the mainline to 9.8 in following standards: (0.25 m) above the waterline in the ab- (1) Elevated section minimum clearance. sence of wind. Except as provided for in paragraph (7) Have streamers constructed of (f)(3)(iii) of this section, elevating de- material that is brightly colored, UV- vices must be installed on the elevated protected plastic tubing or 3⁄8 inch pol- section shown in Figure 26 to this part yester line or material of an equivalent to raise the elevated section at least 2.5 density. inches (6.4 cm), as measured adjacent (iv) Snap gear streamer standard: (A) to the elevating device contacting a For vessels using snap gear, a single hard, flat surface that is parallel to the streamer line must: elevated section, regardless of the ele- (1) Be deployed before the first hook vating device orientation, and meas- is set in such a way that streamers are ured between the surface and the in the air for 65.6 ft (20 m) aft of the widest part of the line material. Ele- stern and within 6.6 ft (2 m) hori- vating devices must be installed on zontally of the point where the main each end of the elevated section, as groundline enters the water. shown in Figure 26 to this part. Meas- (2) Have a minimum length of 147.6 ft uring locations to determine compli- (45 m). ance with this standard are shown in (B) Weather exception: In winds ex- Figure 25 to this part. ceeding 45 knots (storm or Beaufort 9 (2) Elevating device spacing. Elevating conditions), the use of a single stream- devices must be secured along the en- er line is discretionary. tire length of the elevated section (v) Weather safety standard. The use of shown in Figure 26 to this part and seabird avoidance devices required by spaced no less than 30 feet (9.1 m) paragraph (e)(3) of this section is dis- apart; and either cretionary for vessels greater than 26 ft (i) If the elevating devices raise the (7.9 m) LOA and less than or equal to 55 elevated section shown in Figure 26 to ft (16.8 m) LOA in conditions of wind this part 3.5 inches (8.9 cm) or less, the speeds exceeding 30 knots (near gale or space between elevating devices must Beaufort 7 conditions). be no more than 65 feet (19.8 m); or (5) Other methods. Any of the fol- (ii) If the elevating devices raise the lowing measures or methods must be elevated section shown Figure 26 to accompanied by the applicable seabird this part more than 3.5 inches (8.9 cm), avoidance gear requirements as speci- the space between elevating devices fied in paragraph (e)(3) of this section: must be no more than 95 feet (29 m). (i) Night-setting. (3) Clearance measurements and line (ii) Line shooter. cross sections. (i) The largest cross sec- (iii) Lining tube. tion of the line of the elevated section (6) Seabird avoidance exemption. shown in Figure 26 to this part between Nothwithstanding any other para- elevating devices shall not be greater graph in this part, operators of vessels than the cross section of the material 32 ft (9.8 m) LOA or less using hook- at the nearest measurement location, and-line gear in IPHC Area 4E in wa- as selected based on the examples ters shoreward of the EEZ are exempt shown in Figure 25 to this part. The from seabird avoidance regulations. material at the measurement location (f) Modified nonpelagic trawl gear. must be— Nonpelagic trawl gear modified as (A) The same material as the line be- shown in Figure 26 to this part must be tween elevating devices, as shown in used by any vessel required to be feder- Figures 25a and 25d to this part; ally permitted and that is used to di- (B) Different material than the line rected fish for flatfish, as defined in between elevating devices and used to § 679.2, in any reporting area of the BS support the elevating device at a con- or in the Central GOA Regulatory Area nection between line sections (e.g., on or directed fish for groundfish with a metal spindle, on a chain), as shown nonpelagic trawl gear in the Modified in Figure 25b to this part; or

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(C) Disks of a smaller cross section (a)(1)(i), (ii), or (iii) of this section than the elevating device, which are must be based on a determination that strung continuously on a line between such adjustments are necessary to pre- elevating devices, as shown in Figure vent: 25c to this part. (A) Overfishing of any species or (ii) Portions of the line between ele- stock of fish or shellfish; vating devices that are braided or dou- (B) Harvest of a TAC for any ground- bled for section terminations or used fish species or the taking of a PSC for line joining devices are not required limit for any prohibited species that, to be a smaller cross section than the on the basis of the best available sci- measuring location. entific information, is found by NMFS (iii) Required minimum clearance for to be incorrectly specified; or supporting material of a larger cross sec- (C) Underharvest of a TAC or gear tion than the cross section of the line ma- share of a TAC for any groundfish spe- terial. When the material supporting cies when catch information indicates the elevating device has a larger cross that the TAC or gear share has not section than the largest cross section been reached. of the line between elevating devices, (ii) Any inseason closure of a statis- except as provided for in paragraph tical area, or portion thereof, under (f)(3)(ii) of this section, based on meas- paragraph (a)(1)(iv) of this section, urements taken in locations shown in must be based upon a determination Figure 27 to this part, the required that such closures are necessary to pre- minimum clearance shall be as follows: vent: (A) For elevating devices spaced 30 (A) A continuation of relatively high feet (9.1 m) to 65 feet (19.8 m), the re- bycatch rates of prohibited species quired minimum clearance is ≥[2.5 specified under § 679.21(a) in a statis- inches ¥ ((support material cross sec- tical area, or portion thereof; tion ¥ line material cross section)/2)], (B) Take of an excessive share of PSC or limits or bycatch allowances estab- (B) For elevating devices spaced lished under § 679.21(d) and (e) by ves- greater than 65 feet (19.8 m) to 95 feet sels fishing in a statistical area, or por- (29 m), the required minimum clear- tion thereof; ance is ≥[3.5 inches ¥((support material (C) Closure of one or more directed cross section ¥ line material cross sec- fisheries for groundfish due to exces- tion)/2)]. sive prohibited species bycatch rates [61 FR 31230, June 19, 1996] occurring in a specified fishery oper- ating within all or part of a statistical EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 679.24, see the List of CFR area; or Sections Affected, which appears in the (D) Premature attainment of estab- Finding Aids section of the printed volume lished PSC limits or bycatch allow- and at www.govinfo.gov. ances and associated loss of oppor- tunity to harvest the groundfish OY. § 679.25 Inseason adjustments. (iii) The selection of the appropriate (a) General—(1) Types of adjustments. inseason management adjustments Inseason adjustments issued by NMFS under paragraphs (a)(1)(i) and (ii) of under this section include: this section must be from the following (i) Closure, extension, or opening of a authorized management measures and season in all or part of a management must be based upon a determination by area. the Regional Administrator that the (ii) Modification of the allowable management adjustment selected is gear to be used in all or part of a man- the least restrictive necessary to agement area. achieve the purpose of the adjustment: (iii) Adjustment of TAC and PSC lim- (A) Any gear modification that would its. protect the species in need of conserva- (iv) Interim closures of statistical tion, but that would still allow other areas, or portions thereof, to directed fisheries to continue; fishing for specified groundfish species. (B) An inseason adjustment that (2) Determinations. (i) Any inseason would allow other fisheries to continue adjustment taken under paragraphs in noncritical areas and time periods;

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(C) Closure of a management area (8) Any other factor relevant to the and season to all groundfish fishing; or conservation and management of (D) Reopening of a management area groundfish species or any incidentally or season to achieve the TAC or gear caught species that are designated as share of a TAC for any of the target prohibited species or for which a PSC species. limit has been specified. (iv) The adjustment of a TAC or PSC (c) Procedure. (1) No inseason adjust- limit for any species under paragraph ment issued under this section will (a)(1)(iii) of this section must be based take effect until— upon a determination by the Regional (i) NMFS has filed the proposed ad- Administrator that the adjustment is justment for public inspection with the based upon the best available scientific Office of the Federal Register; and information concerning the biological (ii) NMFS has published the proposed stock status of the species in question adjustment in the FEDERAL REGISTER and that the currently specified TAC or for public comment for a period of 30 PSC limit is incorrect. Any adjustment days before it is made final, unless to a TAC or PSC limit must be reason- NMFS finds for good cause that such ably related to the change in biological notification and public procedure is stock status. impracticable, unnecessary, or con- (v) The inseason closure of a statis- trary to the public interest. tical area, or a portion thereof, under (2) If NMFS decides, for good cause, paragraph (a)(1)(iv) of this section shall that an adjustment is to be made with- not extend beyond a 60-day period un- out affording a prior opportunity for less information considered under para- public comment, public comments on graph (b) of this section warrants an the necessity for, and extent of, the ad- extended closure period. Any closure of justment will be received by the Re- a statistical area, or portion thereof, to gional Administrator for a period of 15 reduce prohibited species bycatch rates days after the effective date of notifi- requires a determination by the Re- cation. gional Administrator that the closure (3) During any such 15-day period, the is based on the best available scientific Regional Administrator will make information concerning the seasonal available for public inspection, during distribution and abundance of prohib- business hours, the aggregate data ited species and bycatch rates of pro- upon which an adjustment was based. hibited species associated with various (4) If written comments are received groundfish fisheries. during any such 15-day period that op- (b) Data. All information relevant to pose or protest an inseason adjustment one or more of the following factors issued under this section, NMFS will may be considered in making the deter- reconsider the necessity for the adjust- minations required under paragraphs ment and, as soon as practicable after (a)(2)(i) and (ii) of this section: that reconsideration, will either— (1) The effect of overall fishing effort within a statistical area; (i) Publish in the FEDERAL REGISTER (2) Catch per unit of effort and rate of notification of continued effectiveness harvest; of the adjustment, responding to com- (3) Relative distribution and abun- ments received; or dance of stocks of groundfish species (ii) Modify or rescind the adjustment. and prohibited species within all or (5) Notifications of inseason adjust- part of a statistical area; ments issued by NMFS under para- (4) Condition of a stock in all or part graph (a) of this section will include of a statistical area; the following information: (5) Inseason prohibited species by- (i) A description of the management catch rates observed in groundfish fish- adjustment. eries in all or part of a statistical area; (ii) Reasons for the adjustment and (6) Historical prohibited species by- the determinations required under catch rates observed in groundfish fish- paragraph (a)(2)(i) of this section. eries in all or part of a statistical area; (iii) The effective date and any ter- (7) Economic impacts on fishing busi- mination date of such adjustment. If nesses affected; or no termination date is specified, the

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adjustment will terminate on the last ceived under the PSD program, includ- day of the fishing year. ing sufficient liability insurance to [61 FR 31230, June 19, 1996, as amended at 75 cover public interests relating to the FR 61642, Oct. 6, 2010; 81 FR 24733, Apr. 27, quality of fish distributed for human 2016] 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. (2) Halibut delivered by catcher ves- (xi) A list of all vessels and proc- sels using trawl gear to shoreside proc- essors, and food bank networks or food essors and stationary floating proc- bank distributors participating in the essors. PSD program. The list of vessels and (b) Authorized distributors—(1) Applica- processors must include: tion. An applicant seeking to become (A) The vessel’s or processor’s Fed- an authorized distributor must provide eral fisheries permit number or Federal the Regional Administrator with the processor permit number. following information: (B) The name of the vessel owner or (i) Proof of the applicant’s tax-ex- responsible operator or the name of the empt status. owner or plant manager of the proc- (ii) A description of the arrange- essor. ments for processing, shipping, storing, (C) The vessel’s or processor’s tele- and transporting donated fish and an phone number. estimate of the associated costs. (iii) A statement describing the ap- (D) The signature of the vessel owner plicant’s expertise in providing for the or responsible operator or the owner or distribution of food product from re- plant manager of the processor. mote Alaskan locations to hunger re- (xii) A signed statement from the ap- lief agencies, food bank networks, or plicant and from all persons who are food bank distributors, including ar- listed under paragraph (b)(1)(xi) of this rangements for transportation, dis- section and who would conduct activi- tribution costs, and product quality ties pursuant to the PSD permit control. waiving any and all claims against the (iv) Documentation of support from United States and its agents and em- cold storage and transportation facili- ployees for any liability for personal ties. injury, death, sickness, damage to (v) A proposed operating budget that property directly or indirectly due to is adequate to ensure that fish donated activities conducted under the PSD under this program will be distributed program. to hunger relief agencies, food bank (xiii) A list of locations where fish networks, or food bank distributors must be delivered by participating ves- and that the fish will be maintained in sels and processors. a manner fit for human consumption. (xiv) A separate application must be (vi) Proof of the applicant’s ability to submitted for each species listed under obtain and maintain adequate funding paragraph (a) of this section that the for the distribution of fish under the applicant seeks to distribute. PSD program. (2) Selection. The Regional Adminis- (vii) A copy of the applicant’s arti- trator may select one or more tax-ex- cles of incorporation and bylaws show- empt organizations to be authorized ing that the purpose of the applicant distributors under the PSD program includes providing food resources to based on the information submitted by hunger relief agencies, food bank net- applicants under paragraph (b)(1) of works, or food bank distributors. this section. The number of authorized (viii) Proof of the applicant’s ability distributors selected by the Regional to take full responsibility for the docu- Administrator will be based on the fol- mentation and disposition of fish re- lowing criteria:

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(i) The number and qualifications of (ii) In the Central or Western GOA applicants for PSD permits. pollock fishery must comply with ap- (ii) The number of harvesters and the plicable regulations at §§ 679.7(b), quantity of fish that applicants can ef- 679.21(h) and 679.28. fectively administer. (2) Prohibited species retained under (iii) The anticipated level of bycatch the PSD program must be packaged, of prohibited species listed under para- and all packages must be labeled with graph (a) of this section. the date of processing, the name of the (iv) The potential number of vessels processing facility, the contents and and processors participating in the the weight of the fish contained in the PSD program. package, and the words, ‘‘NMFS PRO- (3) PSD Permit. (i) After review of HIBITED SPECIES DONATION PRO- qualified applicants, the Regional Ad- GRAM - NOT FOR SALE - PERISH- ministrator will announce the selec- ABLE PRODUCT - KEEP FROZEN’’. tion of authorized distributor(s) in the (3) A processor retaining or receiving FEDERAL REGISTER and will issue PSD fish under the PSD program and an au- permit(s). thorized distributor must keep on file (ii) The Regional Administrator may and make available for inspection by impose additional terms and conditions an authorized officer all documenta- on a PSD permit consistent with the tion, including receipt and cargo mani- objectives of the PSD program. fests setting forth the origin, weight, (iii) A PSD permit may be suspended, and destination of all prohibited spe- modified, or revoked, under 15 CFR cies bycatch. Such documentation part 904 for noncompliance with terms must be retained until 3 years after the and conditions specified in the permit effective period of the PSD permit. or for a violation of this section or (d) Processing, handling, and distribu- other regulations in this part. tion. (1) Processing and reprocessing of (iv) Effective period. A PSD permit all fish retained under the PSD Pro- issued for salmon or halibut remains in gram must be carried out under the di- effect for a 3-year period after the se- rection of the authorized distributor. A lection notice is published in the FED- processor retaining or receiving fish ERAL REGISTER unless suspended or re- under the PSD Program, at a min- voked. A PSD permit issued to an au- imum, must head, gut, and freeze the thorized distributor may be renewed fish in a manner that makes it fit for following the application procedures in human consumption. this section. (2) Fish that are determined to be (v) If the authorized distributor unfit for human consumption prior to modifies any information on the PSD delivery to an authorized distributor permit application submitted under must be discarded under § 679.21(a). paragraph (b)(1)(xi) or (b)(1)(xiii) of this Fish that are determined to be unfit section, the authorized distributor for human consumption after delivery must submit a modified list of partici- to the authorized distributor must be pants or a modified list of delivery lo- destroyed in accordance with applica- cations to the Regional Administrator. ble sanitation laws and regulations. (c) Reporting and recordkeeping re- (3) Authorized distributors and per- quirements. (1) A vessel or processor re- sons conducting activities supervised taining prohibited species under the by authorized distributors may retain PSD program must comply with all ap- prohibited species only for the purpose plicable recordkeeping and reporting of processing and delivering the prohib- requirements, including allowing the ited species to hunger relief agencies, collection of data and biological sam- food networks or food distributors as pling by an observer prior to processing provided by this section. Such persons any fish under the PSD program. A may not consume or retain prohibited vessel or processor participating in the species for personal use and may not PSD program: sell, trade or barter, or attempt to sell, (i) In the BS pollock fishery must trade or barter any prohibited species comply with applicable regulations at that is retained under the PSD pro- §§ 679.7(d) and (k), 679.21(c), and 679.28; gram, except that processors may con- and vert offal from salmon or halibut that

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has been retained pursuant to the PSD tain a Federal fisheries or processor program into fish meal, fish oil, or permit under § 679.4 must comply with bone meal, and sell or trade these prod- the IR/IU program set out in this sec- ucts. tion while fishing for groundfish in the (4) No prohibited species that has GOA or BSAI, fishing for groundfish in been sorted from a vessel’s catch or waters of the State of Alaska that are landing may be retained by a vessel or shoreward of the GOA or BSAI, or when processor, or delivered to a delivery lo- processing groundfish harvested in the cation under this section, unless the GOA or BSAI. vessel or processor and delivery loca- (b) IR/IU species. The following spe- tion is included on the list provided to cies are defined as ‘‘IR/IU species’’ for the Regional Administrator under the purposes of this section: paragraph (b)(1)(xi), (b)(1)(xiii) or (1) Pollock. (b)(3)(v) of this section. (2) Pacific cod. [61 FR 38359, July 24, 1996, as amended at 63 (3) Shallow-water flatfish species FR 32145, 32146, June 12, 1998; 65 FR 78121, complex in the GOA as defined in the Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 4148, Jan. 28, 2002; 69 FR 52612, Aug. 27, 2004; annual harvest specifications for the 75 FR 53067, Aug. 30, 2010; 77 FR 42636, July 20, GOA (beginning January 1, 2003). 2012; 81 FR 24733, Apr. 27, 2016] (4) For catcher/processors not listed EFFECTIVE DATE NOTE: At 67 FR 4158, Jan. in § 679.4(l)(2)(i) using trawl gear in the 28, 2002, § 679.26 was amended in paragraph BSAI, all species listed in Table 2a to (c)(3) by removing the words ‘‘until 1 year this part, except for groundfish in pro- after’’ and inserting in its place ‘‘until 3 hibited species status. years after’’. This amendment contains in- (c) Minimum retention requirements— formation collection and recordkeeping re- (1) Definition of retain on board. Not- quirements and will not become effective until approval has been given by the Office of withstanding the definition at 50 CFR Management and Budget. 600.10, for the purpose of this section, to retain on board means to be in pos- § 679.27 Improved Retention/Improved session of on board a vessel. Utilization Program. (2) The following table displays min- (a) Applicability. The owner or oper- imum retention requirements by vessel ator of a vessel that is required to ob- category and directed fishing status:

If you own or operate a you must retain on board until lawful transfer ... and ......

(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 prohibited all fish of that species brought on board the vessel up to the MRA for that species. (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 prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited ...... no fish or product of that species. (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 prohibited a primary product from all fish of that species brought on board the vessel up to the point that the round-weight equivalent of primary products on board equals the MRA for that species. (C) Retention of an IR/IU species is prohibited ...... no fish or product of that species.

(d) Bleeding codends and shaking vessel is prohibited. This includes, but longline gear. Any action intended to is not limited to bleeding codends and discard or release an IR/IU species shaking or otherwise removing fish prior to being brought on board the from longline gear.

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(e) At-sea discard of product. Any § 679.28 Equipment and operational product from an IR/IU species may not requirements. be discarded at sea, unless such dis- (a) Applicability. This section con- carding is necessary to meet other re- tains the operational requirements for quirements of this part. scales, observer sampling stations, ves- (f) Discard of fish or product trans- sel monitoring system hardware, catch ferred from other vessels. The retention monitoring and control plans, catcher requirements of this section apply to vessel electronic logbook software, and all IR/IU species brought on board a video monitoring systems. The oper- vessel, whether harvested by that ves- ator or manager must retain a copy of sel or transferred from another vessel. all records described in this section At-sea discard of IR/IU species or prod- (§ 679.28) as indicated at § 679.5(a)(5) and ucts that were transferred from an- (6) and make available the records other vessel is prohibited. upon request of NMFS observers and (g) IR/IU species as bait. IR/IU species authorized officers as indicated at may be used as bait provided that the § 679.5(a)(5). deployed bait is physically secured to (b) Scales used to weigh catch at sea. In authorized fishing gear. Dumping of order to be approved by NMFS a scale unsecured IR/IU species as bait (chum- used to weigh catch at sea must meet ming) is prohibited. the type evaluation requirements set (h) Previously caught fish. The reten- forth in paragraph (b)(1) of this section tion and utilization requirements of and the initial inspection and annual reinspection requirements set forth in this section do not apply to incidental paragraph (b)(2) of this section. Once a catch of dead or decomposing fish or scale is installed on a vessel and ap- fish parts that were previously caught proved by NMFS for use to weigh catch and discarded at sea. at sea, it must be reinspected annually (i) Minimum utilization requirements. If and must be tested daily and meet the you own or operate a catcher/processor maximum permissible error (MPE) re- or mothership, the minimum utiliza- quirements described in paragraph tion requirement for an IR/IU species (b)(3) of this section. harvested in the BSAI is determined by (1) List of scales eligible for approval. the directed fishing status for that spe- The model of scale must be included on cies according to the following table: the Regional Administrator’s list of scales eligible to be approved for then your total weight of retained or lawfully transferred products weighing catch at sea before an inspec- If... produced from your catch or re- tor will schedule or conduct a scale in- ceipt of that IR/IU species during a fishing trip must... spection under paragraph (b)(2) of this section. A scale will be included on the (1) directed fishing for an equal or exceed 15 percent of list when the Regional Administrator IR/IU species is open, the round-weight catch or round-weight delivery of that receives the information specified in species during the fishing trip. paragraphs (b)(1)(i) through (iv) of this (2) directed fishing for an equal or exceed 15 percent of section. This information identifies IR/IU species is prohib- the round-weight catch or and describes the scale, sets forth con- ited, round-weight delivery of that species during the fishing trip tact information regarding the manu- or 15 percent of the MRA for facturer, and sets forth the results of that species, whichever is required type evaluations and testing. lower. Type evaluation and testing must be (3) retention of an IR/IU equal zero. species is prohibited, conducted by a laboratory accredited by the government of the country in (j) [Reserved] which the tests are conducted. (i) Information about the scale. (A) [62 FR 63890, Dec. 3, 1997, as amended at 62 Name of scale manufacturer. FR 65381, Dec. 12, 1997; 68 FR 52144, Sept. 2, 2003; 69 FR 32903, June 14, 2004; 71 FR 17381, (B) Name of manufacturer’s rep- Apr. 6, 2006; 72 FR 52722, Sept. 14, 2007; 73 FR resentative. 76166, Dec. 15, 2008; 74 FR 62508, Nov. 30, 2009; (C) Mailing address of scale manufac- 75 FR 53069, Aug. 30, 2010; 77 FR 6502, Feb. 8, turer and manufacturer’s representa- 2012; 78 FR 12632, Feb. 25, 2013] tive.

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(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 (v) Exceptions. A scale manufacturer motion. or their representative may request (G) A list of the model numbers of all that NMFS approve a custom built scales for which type evaluation re- automatic hopper scale under the fol- sults are applicable, identifying the lowing conditions: differences between the model evalu- (A) The scale electronics are the ated in the laboratory and other mod- same as those used in other scales on els listed. The scales may differ only in the Regional Administrator’s list of the elements of the scale that perform scales eligible for approval; motion compensation, the size or ca- (B) Load cells have received Certifi- pacity of the scale, and the software cates of Conformance from NTEP or used by the scale. OIML; (H) A list of types of scale adjust- ments that will be recorded on the (C) The scale compensates for motion audit trail, including the name of the in the same manner as other scales adjustment as it will appear on the made by that manufacturer which have audit trail, and a written description of been listed on the Regional Adminis- the adjustment. trator’s list of scales eligible for ap- (ii) Information about the laboratory. proval; (A) Name of laboratory. (D) The scale, when installed, meets (B) Mailing address of laboratory. all of the requirements set forth in (C) Telephone and fax number of lab- paragraph 3 of appendix A to this part, oratory’s representative. except those requirements set forth in (D) Name and address of government paragraph 3.2.1.1. agency accrediting the laboratory. (2) Inspection of at-sea scales—(i) What (E) Name and signature of person re- is an inspection? An inspection is a vis- sponsible for evaluation of the scale ual assessment and test of a scale after and the date of signature. it is installed on the vessel and while (iii) Checklist. A completed checklist the vessel is tied up at a dock and not indicating that all applicable technical under power at sea to determine if the and performance standards in appendix scale meets all of the applicable per- A to this part and the laboratory tests formance and technical requirements in the annex to appendix A to this part in paragraph (b)(2) of this section and have been met. in appendix A to this part. A scale will (iv) Verification of test results. be approved by the inspector if it meets Verification that a scale meets the lab- all of the applicable performance and oratory evaluation and testing require- technical requirements in paragraph ments in appendix A of this part and (b)(2) of this section and appendix A to each of the influence quantity and dis- this part. turbance tests as specified in the annex (ii) How often must a scale be in- to appendix A to this part: spected? Each scale must be inspected (A) Test results and data on forms and approved before the vessel may supplied by NMFS; participate in any fishery requiring the (B) National Type Evaluation Pro- weighing of catch at sea with an ap- gram (NTEP) Certificates of Conform- proved scale. Each scale must be rein- ance, test results and data for a compo- spected within 12 months of the date of nent of a scale or for the entire device. the most recent inspection. NTEP Certificates of Conformance, (iii) Who may perform scale inspections test results, and data may be sub- and approvals? Scales must be in- mitted only in lieu of the specific influ- spected and approved by a NMFS-staff ence factor tests conducted to obtain scale inspector or an inspector des- the NTEP Certificates of Conformance. ignated by NMFS and trained by a Additional information must be sub- NMFS-staff scale inspector.

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(iv) How does a vessel owner arrange (2) Display a valid NMFS-sticker on for a scale inspection? The operator each approved scale. must submit a request for a scale in- (D) When in use, an approved scale spection at least 10 working days in ad- must also meet the requirements de- vance of the requested date of inspec- scribed in paragraphs (b)(3) through tion by filing a request online or by (b)(6) of this section. printing and faxing the scale inspec- (3) At-sea scale tests. To verify that tion request at http:// the scale meets the MPEs specified in alaskafisheries.noaa.gov/scales/de- this paragraph (b)(3), the vessel oper- fault.htm. ator must test each scale or scale sys- (v) Where will scale inspections be con- tem used by the vessel to weigh catch ducted? Scales inspections by inspec- at least one time during each calendar tors paid by NMFS will be conducted day. No more than 24 hours may elapse on vessels tied up at docks in Kodiak, between tests when use of the scale is Alaska; Dutch Harbor, Alaska; and in required. The vessel owner must ensure the Puget Sound area of Washington that these tests are performed in an ac- State. curate and timely manner. (vi) Responsibilities of the vessel owner (i) Belt scales and automatic hopper during a scale inspection. After the ves- scales. (A) The MPE in the daily at-sea sel owner has installed a model of scale scale tests is plus or minus 3 percent of that is on the Regional Administra- the known weight of the test material. tor’s list of scales eligible to be ap- (B) Test procedure. The vessel oper- proved for weighing catch at sea, the ator must conduct a material test by vessel owner must: weighing no less than 400 kg of test (A) Make the vessel and scale avail- material, supplied by the scale manu- able for inspection by the scale inspec- facturer or approved by a NMFS-au- tor. thorized scale inspector, on the scale (B) Provide a copy of the scale man- under test. The test material may be ual supplied by the scale manufacturer run across the scale multiple times in to the inspector at the beginning of the order to total 400 kg; however, no sin- inspection. gle batch of test material may weigh less than 40 kg. The known weight of (C) Transport test weights, test ma- the test material must be determined terial, and equipment required to per- at the time of each scale test by weigh- form the test to and from the inspec- ing it on a platform scale approved for tor’s vehicle and the location on the use under paragraph (b)(7) of this sec- vessel where the scale is installed. tion. (D) Apply test weights to the scale or (ii) Platform and hanging scales. (A) convey test materials across the scale, The MPE for platform and hanging if requested by the scale inspector. scales is plus or minus 0.5 percent of (E) Assist the scale inspector in per- the known weight of the test material. forming the scale inspection and test- (B) Test weights. Each test weight ing. must have its weight stamped on or (vii) Scale inspection report. (A) A otherwise permanently affixed to it. scale is approved for use when the scale The weight of each test weight must be inspector completes and signs a scale annually certified by a National Insti- inspection report verifying that the tute of Standards and Technology ap- scale meets all of the requirements proved metrology laboratory or ap- specified in this paragraph (b)(2) and proved for continued use by the NMFS appendix A to this part. authorized inspector at the time of the (B) The scale inspector must provide annual scale inspection. The amount of the original inspection report to the test weights that must be provided by vessel owner and a copy to NMFS. the vessel owner is specified in para- (C) The vessel owner must either: graphs (b)(3)(ii)(B)(1) and (b)(3)(ii)(B)(2) (1) Maintain a copy of the report on of this section. board when use of the scale is required (1) Platform scales used as observer and make the report available to the sampling scales or to determine the known observer, NMFS personnel, or an au- weight of test materials. Any combina- thorized officer, upon request, or; tion of test weights that will allow the

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scale to be tested at 10 kg, 25 kg, and 50 at least once every 24 hours when use kg. of the scale is required. Reports must (2) Scales used to weigh catch. Test also be printed before any information weights equal to the largest amount of stored in the scale computer memory is fish that will be weighed on the scale replaced. Scale weights must not be ad- in one weighment. justed by the scale operator to account (iii) Requirements for all scale tests. (A) for the perceived weight of water, mud, Notify the observer at least 15 minutes debris, or other materials. Scale print- before the time that the test will be outs must show: conducted, and conduct the test while (A) The vessel name and Federal fish- the observer is present. eries or processor permit number; (B) Conduct the scale test by placing (B) The haul or set number as re- the test material or test weights on or corded in the processor’s DCPL (see across the scale and recording the fol- § 679.5); lowing information on the at-sea scale (C) The total weight of the haul or test report form: set; (1) Vessel name; (D) The total cumulative weight of (2) Month, day, and year of test; all fish or other material weighed on (3) Time test started to the nearest the scale. minute; (ii) Printed report from the audit trail. (4) Known weight of test material or The printed report must include the in- test weights; formation specified in sections 2.3.1.8, (5) Weight of test material or test 3.3.1.7, and 4.3.1.8 of appendix A to this weights recorded by scale; part. The printed report must be pro- (6) Percent error as determined by vided to the authorized scale inspector subtracting the known weight of the at each scale inspection and must also test material or test weights from the be printed at any time upon request of weight recorded on the scale, dividing the observer, the scale inspector, that amount by the known weight of NMFS staff, or an authorized officer. the test material or test weights, and (iii) Printed reports from the calibration multiplying by 100; and log. The vessel operator must print the (7) Signature of vessel operator. calibration log on request by NMFS (4) Scale maintenance. The vessel employees or any individual authorized owner must ensure that the vessel op- by NMFS. The calibration log must be erator maintains the scale in proper printed and retained by the vessel operating condition throughout its use; owner and operator before any infor- that adjustments made to the scale are mation stored in the scale computer made so as to bring the performance memory is replaced. The calibration errors as close as practicable to a zero log must detail either the prior 1,000 value; and that no adjustment is made calibrations or all calibrations since that will cause the scale to weigh fish the scale electronics were first put into inaccurately. service, whichever is less. The printout (5) Printed reports from the scale (not from the calibration log must show: applicable to observer sampling scales). (A) The vessel name and Federal fish- The vessel owner must ensure that the eries or processor permit number; printed reports are provided as re- (B) The month, day, and year of the quired by this paragraph. Printed re- calibration; ports from the scale must be main- (C) The time of the calibration to the tained on board the vessel until the end nearest minute in A.l.t.; of the year during which the reports (D) The weight used to calibrate the were made and be made available to scale; and observers, NMFS personnel, or an au- (E) The magnitude of the calibration thorized officer. In addition, printed re- in comparison to the prior calibration. ports must be retained by the vessel (iv) Printed reports from the fault log. owner for 3 years after the end of the The vessel operator must print the year during which the printouts were fault log on request by NMFS employ- made. ees or any individual authorized by (i) Reports of catch weight and cumu- NMFS. The fault log must be printed lative weight. Reports must be printed and retained by the vessel owner and

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operator before any information stored NMFS-approved video monitoring sys- in the scale computer memory is re- tem as specified in paragraph (e) of this placed. The fault log must detail either section. Additionally, the system must: the prior 1,000 faults and startups, or (i) Provide sufficient resolution and all faults and startups since the scale field of view to monitor: All areas electronics were first put into service, where catch enters the scale, moves whichever is less. A fault, for the pur- across the scale and leaves the scale; poses of the fault log, is any condition any access point to the scale from other than underflow detected by the which the scale may be adjusted or scale electronics that could affect the modified by vessel crew while the ves- metrological accuracy of the scale. The sel is at sea; and the scale display and printout from the fault log must show: the indicator for the scale operating in (A) The vessel name and Federal fish- a fault state. eries or processor permit number; (ii) Record and retain video for all (B) The month, day, year, and time of periods when catch that must be each startup to the nearest minute in weighed is on board the vessel. A.l.t.; (c) Scales approved by the State of Alas- (C) The month, day, year, and time ka. Scale requirements in this para- that each fault began to the nearest graph are in addition to those require- minute in A.l.t.; ments set forth by the State of Alaska, (D) The month, day, year, and time and nothing in this paragraph may be that each fault was resolved to the construed to reduce or supersede the nearest minute in A.l.t. authority of the State to regulate, (v) Calibration and log requirements for test, or approve scales within the State 2015 only. The owner and operator of a of Alaska or its territorial sea. Scales vessel with a scale used by the vessel used to weigh groundfish catch that crew to weigh catch that was approved are also required to be approved by the after March 1, 2014, and before Decem- State of Alaska under Alaska Statute ber 1, 2014, under § 679.28(b)(2) are not 45.75 must meet the following require- required to comply with the calibra- ments: tion log requirements at (1) Verification of approval. The scale § 679.28(b)(5)(iii) or the fault log re- must display a valid State of Alaska quirements at § 679.28(b)(5)(iv) until sticker indicating that the scale was that scale is reapproved by a NMFS-au- inspected and approved within the pre- thorized scale inspector in 2015. vious 12 months. (6) Scale installation requirements. The (2) Visibility. The owner and manager scale display must be readable from the of the processor must ensure that the location where the observer collects scale and scale display are visible si- unsorted catch unless otherwise au- multaneously to the observer. Observ- thorized by a NMFS-authorized scale ers, NMFS personnel, or an authorized inspector. officer must be allowed to observe the (7) Platform scales used as observer weighing of fish on the scale and be al- sampling scales or to determine the known lowed to read the scale display at all weight of test materials. Platform scales times. used only as observer sampling scales (3) Printed scale weights. (i) The owner or to determine the known weight of and manager of the processor must en- fish for a material test of another scale sure that printouts of the scale weight are required to meet all of the require- of each haul, set, or delivery are made ments of paragraph (b) of this section available to observers, NMFS per- and appendix A to this part except sec- sonnel, or an authorized officer at the tions 4.3.1 and 4.3.1.5 of appendix A to time printouts are generated and this part (printer) or section 4.3.1.8 thereafter upon request for the dura- (audit trail) of appendix A to this part. tion of the fishing year. The owner and (8) Video monitoring for scales used by manager must retain scale printouts as the vessel crew to weigh catch. The owner records as specified in § 679.5(a)(5)(ii). and operator of a vessel fishing for (ii) A scale identified in a CMCP (see groundfish who are required to weigh paragraph (g) of this section) must catch under the regulations in this sec- produce a printed record for each deliv- tion must provide and maintain a ery, or portion of a delivery, weighed

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on that scale. If approved by NMFS as weight specified for each scale type in part of the CMCP, scales not designed the following tables: for automatic bulk weighing may be (A) Automatic hopper 0 to 150 kg (0 exempted from part or all of the print- to 300 lb) capacity. ed record requirements. The printed record must include: Certified Test Weights Other test material (A) The processor name; (1) Minimum weighment or 10 kg Minimum (B) The weight of each load in the (20 lb), whichever is greater weighing cycle; (2) Maximum Maximum (C) The total weight of fish in each (B) Automatic hopper >150 kg (300 lb) delivery, or portion of the delivery that capacity. was weighed on that scale; (D) The total cumulative weight of Certified Test Weights Other test material all fish or other material weighed on (1) Minimum weighment or 10 kg Minimum the scale since the last annual inspec- (20 lb), whichever is greater tion; (2) 25 percent of maximum or Maximum 150 kg (300 lb), whichever is (E) The date and time the informa- greater. tion is printed; (F) The name and ADF&G number of (C) Platform or flatbed 0 to 150 kg (0 the vessel making the delivery. This to 300 lb) capacity. information may be written on the scale printout in pen by the scale oper- Certified Test Weights Other test material ator at the time of delivery. (4) Inseason scale testing. Scales iden- (1) 10 kg (20 lb) Not Acceptable tified in an approved CMCP (see para- (2) Midpoint Not Acceptable (3) Maximum Not Acceptable graph (g) of this section) must be test- ed by plant personnel in accordance (D) Platform or flatbead >150 kg (300 with the CMCP when testing is re- lb) capacity. quested by NMFS-staff or NMFS-au- thorized personnel. Plant personnel Certified Test Weights Other test material must be given no less than 20 minutes (1) 10 kg (20 lb) Not Acceptable notice that a scale is to be tested and (2) 12.5 percent of maximum 50 percent of maximum or 75 no testing may be requested if a scale or 75 kg (150 lb), which- kg (150 lb), whichever is test has been requested and the scale ever is greater greater (3) 25 percent of maximum or 75 percent of maximum or has been found to be accurate within 150 kg (300 lb), whichever 150 kg (300 lb), whichever the last 24 hours. is greater is greater (i) How does a scale pass an inseason test? To pass an inseason test, NMFS (E) Observer sampling scale >50 kg staff or NMFS-authorized personnel capacity. will verify that the scale display and printed information are clear and eas- Certified Test Weights Other test material ily read under all conditions of normal (1) 10 kg Not Acceptable operation, weight values are visible on (2) 25 kg Not Acceptable the display until the value is printed, (3) 50 kg Not Acceptable and the scale does not exceed the max- (iii) Certified test weights. Each test imum permissible errors specified weight used for inseason scale testing below: must have its weight stamped on or Maximum otherwise permanently affixed to it. Test Load in Scale Error in The weight of each test weight must be Divisions Scale Divi- sions certified by a National Institute of Standards and Technology approved (A) 0–500 ...... 1 metrology laboratory every 2 years. An (B) 501–2,000 ...... 2 observer platform scale must be pro- (C) 2,001–4,000 ...... 3 (D) >4,000 ...... 5 vided with sufficient test weights to test the scale at 10 kg, 25 kg, and 50 kg. (ii) How much weight is required to All other scales identified in an ap- do an inseason scale test? Scales must proved CMCP must be provided with be tested with the amount and type of sufficient test weights to test the scale

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as described in this paragraph (c)(4) of Clear, unobstructed passage must be this section. Test weights for observer provided between the observer sam- platform scales must be denominated pling station and the collection area. in kilograms. Test weights for other Access must be provided to the tally scales may be denominated in pounds. station, described at § 679.28(d)(8)(ii)(A) (iv) Other test material. When per- of this section. NMFS may approve an mitted in paragraph (c)(4)(ii) of this alternative location if the vessel owner section, a scale may be tested with test submits a written proposal describing material other than certified test the alternative location and the rea- weights. This material must be sons why a location within 5 m of weighed on an accurate observer plat- where fish are brought on board the form scale at the time of each use. vessel is unsafe, and the proposed ob- (v) Observer sampling scales. Platform server sampling station meets all other scales used as observer sampling scales applicable requirements of this section. must: (iii) What is clear, unobstructed pas- (A) Have a capacity of no less than 50 sage? Where clear and unobstructed kg; passage is required, passageways must (B) Have a division size of no less be at least 65 cm wide at their nar- than 5 g; rowest point, be free of tripping haz- (C) Indicate weight in kilograms and ards, and be at least 1.8 m high. Door- decimal subdivisions; and ways or companionways must be free of (D) Be accurate within plus or minus obstacles. 0.5 percent when tested at 10 kg, 25 kg, (3) Minimum work space. The observer and 50 kg by NMFS staff or an ob- must have a working area for sampling server. of at least 4.5 square meters. This (d) Observer sampling station—(1) Ac- working area includes the observer’s cessibility. All the equipment required sampling table. The observer must be for an observer sampling station must able to stand upright and have a work be available to the observer at all area at least 0.9 m deep in the area in times while a sampling station is re- front of the table and scale. quired and the observer is aboard the (4) Table. The observer sampling sta- vessel, except that the observer sam- tion must include a table at least 0.6 m pling scale may be used by vessel per- deep, 1.2 m wide and 0.9 m high and no sonnel to conduct material tests of the more than 1.1 m high. The entire sur- scale used to weigh catch under para- face area of the table must be available graph (b)(3) of this section, as long as for use by the observer. Any area used the use of the observer’s sampling scale for the observer sampling scale is in by others does not interfere with the addition to the minimum space re- observer’s sampling duties. quirements for the table. The observ- (2) Location—(i) Motherships and er’s sampling table must be secured to catcher/processors or catcher vessels using the floor or wall. trawl gear. The observer sampling sta- (5) Observer sampling scale. The ob- tion must be located within 4 m of the server sampling station must include a location from which the observer col- NMFS-approved platform scale with a lects unsorted catch. Clear, unob- capacity of at least 50 kg located with- structed passage must be provided be- in 1 m of the observer’s sampling table. tween the observer sampling station The scale must be mounted so that the and the location where the observer weighing surface is no more than 0.7 m collects unsorted catch. When standing above the floor. The scale must be ap- where unsorted catch is sampled, the proved by NMFS under paragraph (b) of observer must be able to see that no this section and must meet the max- fish have been removed between the bin imum permissible error requirement and the scale used to weigh total catch. specified in paragraph (b)(3)(ii)(A) of (ii) Vessels using nontrawl gear. The this section when tested by the ob- observer sampling station must be lo- server. cated within 5 m of the collection area, (6) Other requirements. The sampling described at § 679.28(d)(8)(ii)(B) of this station must include flooring that pre- section, unless any location within this vents slipping and drains well (grating distance is unsafe for the observer. or other material where appropriate),

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adequate lighting, and a hose that sup- high and grating or other non-slip ma- plies fresh or sea water to the observer. terial. (7) Catcher/processors and motherships (9) Inspection of the observer sampling in the BS pollock fishery, including pol- station. Each observer sampling station lock CDQ. Catcher/processors directed must be inspected and approved by fishing for pollock in the BS or NMFS prior to its use for the first time motherships taking deliveries from and then one time each year within 12 vessels directed fishing for pollock in months of the date of the most recent the BS also must meet the following inspection with the following excep- requirements: tions: If the observer sampling station (i) A salmon storage container must is moved or if the space or equipment be located adjacent to the observer available to the observer is reduced or sampling station; removed when use of the observer sam- (ii) The salmon storage container pling station is required, the observer must remain in view of the observer at sampling station inspection report the observer sampling station at all times during the sorting of each haul; issued under this section is no longer and valid, and the observer sampling sta- (iii) The salmon storage container tion must be reinspected and approved must be at least 1.5 cubic meters. by NMFS. Inspection of the observer (8) Requirements for sampling catch—(i) sampling station is in addition to in- Motherships and catcher/processors using spection of the at-sea scales by an au- trawl gear. The conveyor belt conveying thorized scale inspector required at unsorted catch must have a removable paragraph (b)(2) of this section. board to allow fish to be diverted from (i) How does a vessel owner arrange for the belt directly into the observer’s an observer sampling station inspection? sampling baskets. The diverter board The vessel owner must submit an In- must be located downstream of the spection Request for Observer Sam- scale used to weigh total catch so that pling Station with all the information the observer can use this scale to weigh fields accurately filled in to NMFS by large samples. At least 1 m of acces- fax (206–526–4066) or emailing sible belt space, located downstream of ([email protected]) at least the scale used to weigh total catch, 10 working days in advance of the re- must be available for the observer’s use quested date of inspection. The request when sampling a haul. form is available on the NMFS Alaska (ii) Catcher/processors using non-trawl Region Web site at http:// gear. In addition to the sampling sta- alaskafisheries.noaa.gov. tion, vessels using non-trawl gear must (ii) Where will Observer sampling provide: (A) Tally station. A place where station inspections be conducted? In- the observer can see the gear as it spections will be conducted on vessels leaves the water and can count and tied up at docks in Kodiak, Alaska, identify fish. It must be within 5 m of Dutch Harbor, Alaska, and in the where fish are brought aboard the ves- Puget Sound area of Washington State. sel and in a location where the ob- server is not in danger of falling over- (iii) Observer sampling station inspec- board or being injured during gear re- tion report. An observer sampling sta- trieval. Where exposed to wind or seas, tion inspection report, valid for 12 it must be equipped with a railing at months from the date it is signed by least 1.0 m high, grating or other non- NMFS, will be issued to the vessel slip material, and adequate lighting. owner if the observer sampling station (B) Collection area. A collection area meets the requirements in this para- is a place where the observer, or vessel graph (d). The vessel owner must main- crew under the observer’s guidance, tain a current observer sampling sta- collects fish as they come off the line tion inspection report on board the ves- or are removed from pots. It must be sel at all times when the vessel is re- located where the observer can see the quired to provide an observer sampling gear when it leaves the water. Where station approved for use under this exposed to wind or seas, it must be paragraph (d). The observer sampling equipped with a railing at least 1.0 m station inspection report must be made

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available to the observer, NMFS per- (A) Must have the capacity to display sonnel, or to an authorized officer upon all cameras simultaneously; request. (B) Must be operating when the use (e) Video Monitoring System Require- of a video monitoring system is re- ments—(1) What requirements must a ves- quired; sel owner and operator comply with for a (C) Must be securely mounted at or video monitoring system? (i) The system near eye level; must have sufficient data storage ca- (D) Is not applicable to longline C/Ps pacity to store all video data from an subject to § 679.100(b)(2). entire trip. Each frame of stored video (2) How does a vessel owner or operator data must record a time/date stamp in arrange for NMFS to conduct a video Alaska local time (A.l.t.). monitoring system inspection? The vessel (ii) The system must include at least owner or operator must submit an In- one external USB port or other remov- spection Request for a Video Moni- able storage device approved by NMFS. toring System to NMFS with all infor- (iii) The system must output video mation fields accurately filled in at files to an open source format or the least 10 working days in advance of the vessel owner must provide software ca- requested date of inspection. The re- pable of converting the output video quest form is available on the NMFS file to an open source format or com- Alaska Region Web site (http:// mercial software must be available for alaskafisheries.noaa.gov). converting the output video file to an (3) What additional information is re- open source format. quired for a video monitoring system in- (iv) Color cameras must have at a spection? (i) A diagram drawn to scale minimum 470 TV lines of resolution, showing all sorting locations, the loca- auto-iris capabilities, and output color tion of the motion-compensated scale, video to the recording device with the the location of each camera and its ability to revert to black and white coverage area, and the location of any video output when light levels become additional video equipment must be too low for color recognition. submitted with the Inspection Request (v) The video data must be main- for a Video Monitoring System form. tained by the vessel operator and made Diagrams for C/Ps and motherships in available on request by NMFS employ- the BSAI pollock fishery, including ees, or any individual authorized by pollock CDQ, must include the location NMFS. The data must be retained on of the salmon storage container. board the vessel for no less than 120 (ii) Any additional information re- days after the date the video is re- quested by the Regional Adminis- corded, unless NMFS has notified the trator. vessel operator that the video data (4) Where will NMFS conduct video may be retained for less than this 120- monitoring and bin monitoring system in- day period. spections? Inspections will be conducted (vi) The system must record at a on vessels tied to docks at Dutch Har- speed of no less than 5 unique frames bor, Alaska; Kodiak, Alaska; and in the per second at all times when the use of Puget Sound area of Washington State. a video monitoring system is required. (5) A video monitoring system is ap- (vii) NMFS employees, or any indi- proved for use when NMFS employees, vidual authorized by NMFS, must be or any individual authorized by NMFS, able to view any video footage from completes and signs a Video Moni- any point in the trip using a 16-bit or toring Inspection Report verifying that better color monitor that can display the video system meets all applicable all cameras simultaneously and must requirements of this section. be assisted by crew knowledgeable in (6) A vessel owner or operator must the operation of the system. maintain a current NMFS-issued Video (viii) Unless exempted under para- Monitoring System Inspection Report graph (D) below, a 16-bit or better color on board the vessel at all times the monitor must be provided within the vessel is required to provide an ap- observer sampling station or at the lo- proved video monitoring system. The cation where the observer sorts and Video Monitoring System Inspection weighs samples. The monitor: Report must be made available to the

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observer, NMFS personnel, or to an au- (A) Informed by NMFS staff or an au- thorized officer upon request. thorized officer that NMFS is not re- (7) How does a vessel owner make a ceiving position reports from the VMS change to the video monitoring system? transmitter, or Any change to the video monitoring (B) The vessel operator determines system that would affect the system’s that the VMS is not transmitting prop- functionality must be submitted by a erly. vessel owner to, and be approved by, (v) Make the VMS transmitter avail- the Regional Administrator in writing able for inspection by NMFS personnel, before that change is made. observers or an authorized officer. (f) Vessel Monitoring System (VMS) Re- (vi) Ensure that the VMS transmitter quirements—(1) What is a VMS? A VMS is not tampered with, disabled, de- consists of a NMFS-approved VMS stroyed or operated improperly. transmitter that automatically deter- (vii) Pay all charges levied by the mines the vessels position and trans- communication service provider. mits it to a NMFS-approved commu- (4) What must the vessel owner do be- nications service provider. The commu- fore activating a VMS transmitter for nications service provider receives the the first time? If you are a vessel transmission and relays it to NMFS. owner who must use a VMS and you (2) How are VMS transmitters and com- are activating a VMS transmitter for munications service providers approved by the first time, you must: NMFS? (i) NMFS publishes type ap- (i) Register the vessel’s VMS unit proval specifications for VMS compo- with an appropriate service provider; nents in the FEDERAL REGISTER. (ii) Use VMS check-in report to con- (ii) Transmitter manufacturers or tact OLE by fax at 907–586–7703 and pro- communication service providers may vide the date (mm/dd/yyyy), vessel submit products or services to NMFS name, USCG documentation number, for evaluation based on the published FFP number or Federal crab vessel per- specifications. mit number, name and telephone num- (iii) NMFS will publish a list of ber of contact person, and VMS trans- NMFS-approved transmitters and com- mitter ID or serial number; and munication service providers in the (iii) Call OLE at 907–586–7225, Monday FEDERAL REGISTER. As necessary, through Friday, between the hours of NMFS will publish amendments to the 0800 hours, A.l.t., and 1630 hours, A.l.t., list of approved components in the at least 72 hours before leaving port FEDERAL REGISTER. and receive confirmation that the (3) What are the vessel owner’s respon- transmissions are being received. sibilities? If you are a vessel owner that (5) What must the vessel owner do when must participate in a VMS, you or your the vessel replaces a VMS transmitter? A crew must: vessel owner who must use a VMS and (i) Obtain a NMFS-approved VMS who intends to replace a transmitter, transmitter with transmission capa- must follow the reporting and con- bilities required for the areas of vessel firmation procedure for the replace- operation and have it installed onboard ment transmitter, as described in para- your vessel in accordance with the in- graph (f)(4) of this section. structions provided by NMFS. You may (6) When must the VMS transmitter be get a copy of the VMS installation and transmitting? Your vessel’s transmitter operation instructions from the Re- must be transmitting if: gional Administrator upon request. (i) You operate a vessel in any re- (ii) Activate the VMS transmitter porting area (see definitions at § 679.2) and receive confirmation from NMFS off Alaska while any fishery requiring that the VMS transmissions are being VMS, for which the vessel has a species received before engaging in operations and gear endorsement on its Federal when a VMS is required. Fisheries Permit under § 679.4(b), is (iii) Continue the VMS transmissions open. until no longer engaged in operations (ii) You operate a vessel required to requiring VMS. be federally permitted in reporting (iv) Stop fishing immediately if: areas located in the Aleutian Islands

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subarea or operate a federally per- addressed in the CMCP. NMFS will mitted vessel in adjacent State waters; complete its review of the CMCP with- (iii) You operate a vessel required to in 14 working days of receiving a com- be Federally permitted with non-pe- plete CMCP and conducting a CMCP in- lagic trawl or dredge gear onboard in spection. If NMFS disapproves a CMCP, reporting areas located in the GOA or the plant owner or manager may resub- operate a federally permitted vessel mit a revised CMCP or file an adminis- with non-pelagic trawl or dredge gear trative appeal as set forth under the onboard in adjacent State waters; administrative appeals procedures de- (iv) When that vessel is required to scribed at § 679.43. use functioning VMS equipment in the (4) How is a CMCP inspection ar- Rockfish Program as described in ranged? The time and place of a CMCP § 679.7(n)(3); or inspection may be arranged by submit- (v) You operate a vessel in federal re- ting a written request for an inspection porting areas 610, 620, or 630, and re- to NMFS, Alaska Region. NMFS will ceive and process groundfish from schedule an inspection within 10 work- other vessels. ing days after NMFS receives a com- (7) What additional requirements does plete application for an inspection. The an operator have if trawling in the Aleu- inspection request must include: tian Islands reporting areas? Operators (i) Name and signature of the person of vessels named on a Federal Fisheries submitting the application and the Permit under § 679.4(b), and that are date of the application; using trawl gear in the Aleutian Is- (ii) Address, telephone number, fax lands reporting areas to harvest number, and email address (if avail- groundfish that is required to be de- able) of the person submitting the ap- ducted from a Federal TAC specified at plication; § 679.20, must set their VMS to transmit (iii) A proposed CMCP detailing how the vessel location at least 10 times per the processor will meet each of the per- hour. formance standards in paragraph (g)(7) (g) Catch monitoring and control plan of this section. requirements (CMCP)—(1) What is a (5) For how long is a CMCP approved? CMCP? A CMCP is a plan submitted by NMFS will approve a CMCP for 1 year the owner and manager of a processing if it meets the performance standards plant, and approved by NMFS, detail- specified in paragraph (e)(2) of this sec- ing how the processing plant will meet tion. An owner or manager must notify the catch monitoring and control NMFS in writing if changes are made standards detailed in paragraph (g)(7) in plant operations or layout that do of this section. not conform to the CMCP. (2) Who is required to prepare and sub- (6) How do I make changes to my mit a CMCP for approval? The owner and CMCP? An owner and manager may manager of shoreside or stationary change an approved CMCP by submit- floating processors receiving fish har- ting a CMCP addendum to NMFS. vested in the following fisheries must NMFS will approve the modified CMCP prepare, submit, and have approved a if it continues to meet the performance CMCP prior to the receipt of fish har- standards specified in paragraph (e)(2) vested in these fisheries: of this section. Depending on the na- (i) AFA and CDQ pollock, ture and magnitude of the change re- (ii) AI directed pollock, quested, NMFS may require a CMCP (iii) Rockfish Program, unless those inspection as described in paragraph fish are harvested under the rockfish (g)(3) of this section. A CMCP adden- entry level longline fishery as de- dum must contain: scribed under § 679.83. (i) Name and signature of the person (3) How is a CMCP approved by NMFS? submitting the addendum; NMFS will approve a CMCP if it meets (ii) Address, telephone number, fax all the requirements specified in para- number and email address (if available) graph (g)(7) of this section. The proc- of the person submitting the adden- essor must be inspected by NMFS prior dum; to approval of the CMCP to ensure that (iii) A complete description of the the processor conforms to the elements proposed CMCP change.

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(7) Catch monitoring and control stand- brailing, the delivery point normally ards—(i) Catch sorting and weighing re- will be the bin or belt where the brailer quirements. All groundfish delivered to discharges the catch. the plant must be sorted and weighed (vi) Observation area. Each CMCP by species. The CMCP must detail the must designate an observation area. amount and location of space for sort- The observation area is a location des- ing catch, the number of staff assigned ignated on the CMCP where an indi- to catch sorting and the maximum rate vidual may monitor the flow of fish that catch will flow through the sort- during a delivery. The owner and man- ing area. ager must ensure that the observation (ii) Scales used for weighing ground- area meets the following standards: fish. The CMCP must identify by serial (A) Access to the observation area. The number each scale used to weigh observation area must be freely acces- groundfish and describe the rational sible to NMFS staff or NMFS-author- for its use. ized personnel at any time a valid (iii) Scale testing procedures. Scales CMCP is required. identified in the CMCP must be accu- (B) Monitoring the flow of fish. From rate within the limits specified in para- the observation area, an individual graph (c)(4)(i) of this section. For each must have an unobstructed view or scale identified in the CMCP a testing otherwise be able to monitor the entire plan must be developed that: flow of fish between the delivery point (A) Describes the procedure the plant and a location where all sorting has will use to test the scale; taken place and each species has been (B) Lists the test weights and equip- weighed. ment required to test the scale; (C) Lists where the test weights and (C) For shoreside processors or sta- equipment will be stored; and tionary floating processors taking de- (D) Lists the plant personnel respon- liveries from vessels directed fishing sible for conducting the scale testing. for pollock in the BS, including vessels (iv) Printed record. The owner and directed fishing for pollock CDQ in the manager must ensure that the scale BS, the observation area must provide produces a complete and accurate a clear, unobstructed view of the salm- printed record of the weight of each on storage container to ensure no species in a delivery. All of the ground- salmon of any species are removed fish in a delivery must be weighed on a without the observer’s knowledge. scale capable of producing a complete (vii) Observer work station. Each printed record as described in para- CMCP must identify and include an ob- graph (c)(3) of this section. However, server work station for the exclusive NMFS may exempt scales not designed use of observers. Unless otherwise ap- for automatic bulk weighing from proved by NMFS, the work station some or all of the printed record re- must meet the following criteria: quirements if the CMCP identifies any (A) Location of observer work station. scale that cannot produce a complete (1) The observer work station must be printed record, states how the proc- located in an area protected from the essor will use the scale, and states how weather where the observer has access the plant intends to produce a com- to unsorted catch. plete record of the total weight of each (2) For shoreside processors or sta- delivery. tionary floating processors taking de- (v) Delivery point. Each CMCP must liveries from vessels directed fishing identify a single delivery point. The de- for pollock in the BS, including vessels livery point is the first location where directed fishing for pollock CDQ in the fish removed from a delivering catcher BS, the observer work station must be vessel can be sorted or diverted to adjacent to the location where salmon more than one location. If the catch is will be counted and biological samples pumped from the hold of a catcher ves- or scientific data are collected. sel or a codend, the delivery point nor- (B) Platform scale. The observer work mally will be the location where the station must include a platform scale pump first discharges the catch. If as described in paragraph (c)(4) of this catch is removed from a vessel by section;

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(C) Proximity of observer work station. scribe how the CMCP specialist will be The observation area must be located notified of deliveries of groundfish har- near the observer work station. The vested under the authority of a rock- plant liaison must be able to walk be- fish CQ permit. tween the work station and the obser- (h) ELB software—(1) How do I get my vation area in less than 20 seconds ELB software approved by NMFS?—(i) without encountering safety hazards. Specifications. NMFS will provide speci- (D) Workspace. The observer work fications for ELB software upon re- station must include: A working area quest. Interested parties may contact of at least 4.5 square meters, a table as NMFS by mail at NMFS Alaska Re- specified in paragraph (d)(4) of this sec- gion, Sustainable Fisheries Division, tion, and meet the other requirements Catch Accounting/Data Quality, P.O. as specified in paragraph (d)(6) of this Box 21668, Juneau, AK 99802–1668; by section. telephone at 907–586–7228. The four (E) Lockable cabinet. The observer types of ELB software are: work station must include a secure and (A) Catcher vessel longline or pot lockable cabinet or locker of at least gear (see § 679.5(c)(3)); 0.5 cubic meters. (B) Catcher/processor longline or pot (viii) Communication with observer. gear (see § 679.5(c)(3)); The CMCP must describe what commu- (C) Catcher vessel trawl gear (see nication equipment such as radios, § 679.5(c)(4)); and pagers or cellular phones, is used to fa- (D) Catcher/processor trawl gear (see cilitate communications within the § 679.5(c)(4)). plant. The plant owner must ensure (ii) ELB submittal package. A vendor that the plant manager provides the or developer wishing to have an ELB observer with the same communica- approved by NMFS must submit: tions equipment used by plant staff. (A) A fully operational test copy of (ix) Plant liaison. The CMCP must the software; and designate a plant liaison. The plant li- (B) An application for ELB–approval aison is responsible for: giving the following information (see (A) Orienting new observers to the paragraphs (h)(1)(ii)(B)(1) through (3) of plant and providing a copy of the ap- this section): proved CMCP; (1) Company, contact person, address, (B) Assisting in the resolution of ob- telephone number, and fax number for server concerns; and the company developing the software; (C) Informing NMFS if changes must (2) Name and type of software; and be made to the CMCP. (3) Printed name and signature of in- (x) Scale drawing of plant. The CMCP dividual submitting the software for must be accompanied by a scale draw- approval. ing of the plant showing: (C) Copies of all manuals and docu- (A) The delivery point; mentation for the software. (B) The observation area; (iii) ELB approval. NMFS will ap- (C) The observer work station; prove ELB software within 60 working (D) The location of each scale used to days of receipt of all required informa- weigh catch; tion if the software meets the following (E) Each location where catch is sort- standards in paragraphs (h)(1)(iii)(A) ed including the last location where through (H) of this section): sorting could occur; and (A) Has fields for the entry of all in- (F) For shoreside processors or sta- formation required for a paper DFL or tionary floating processors taking de- DCPL as described in § 679.5(c)(3) and liveries from vessels directed fishing (4), as appropriate. for BS pollock, including vessels di- (B) The software must automatically rected fishing for pollock CDQ in the time and date stamp each printed copy BS, the location of the salmon storage of the ELB logsheet and ELB discard container. report and clearly identify the first (xi) CMCP specialist notification. For printed copy as an original. If any shoreside processors receiving deliv- changes are made to the data in the eries of groundfish harvested under the ELB, subsequent printed copies must authority of a rockfish CQ permit, de- clearly be identified as revised. The

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software must be designed to prevent specified in paragraph (i)(1)(i) of this the operator from overriding this fea- section unless the vessel owner or oper- ture. ator has requested, and NMFS has ap- (C) The software must export data as proved, one of the monitoring options an ASCII comma delimited text file, described at paragraph (i)(1)(ii) or xml file, or other format approved by (i)(1)(iii) of this section. NMFS. (i) Option 1—No crew in bin or tank. No (D) The software must integrate with crew may enter any bin or tank pre- the vessel’s global positioning system ceding the point where the observer (GPS) to allow vessel location fields to samples unsorted catch, unless: be completed automatically. (A) The flow of fish has been stopped (E) When the software is started, it between the tank and the location must clearly show the software version where the observer samples unsorted number. catch; (F) The software must be designed to (B) All catch has been cleared from facilitate the transfer of an export file all locations between the tank and the to NMFS as an email attachment. location where the observer samples (G) The software must be designed to unsorted catch; ensure that an operator can comply (C) The observer has been given no- with the requirements for ELB use as tice that the vessel crew must enter described in § 679.5(f). the tank; and either (H) The software must include suffi- (D) The observer is given the oppor- cient data validation capability to pre- tunity to observe the activities of the vent a submitter from accidentally person(s) in the tank; or transmitting a data file or printing an (E) The observer informs the vessel ELB logsheet that is incomplete or operator, or his designee, that all sam- contains clearly erroneous data. pling has been completed for a given (2) What if I need to make changes to haul, in which case crew may enter a NMFS-approved ELB software?—(i) tank containing fish from that haul NMFS-instigated changes. NMFS will without stopping the flow of fish or provide the developer with information clearing catch between the tank and that affects the ELB software as soon the observer sampling station. as it is available for distribution, e.g., (ii) Option 2—Line of sight option. changes in species codes or product From the observer sampling station, codes. the location where the observer sorts (ii) Developer-instigated changes. The and weighs samples, and the location developer must submit a copy of the from which the observer collects changed software along with docu- unsorted catch, an observer of average mentation describing the need for the height (between 64 and 74 inches (140 change to NMFS for review and ap- and 160 cm)) must be able to see all proval as described in paragraph areas of the bin or tank where crew (h)(1)(ii) of this section. NMFS will re- could be located preceding the point view and approve the new version ac- where the observer samples catch. The cording to the guidelines set forth in observer must be able to view the ac- paragraph (h)(1)(iii) of this section. tivities of crew in the bin from these (iii) NMFS-approved ELB changes. If locations. changes to ELB software are approved (iii) Option 3—Video monitoring system by NMFS, the developer must: option. A vessel owner and operator (A) Give the revised software a new must provide and maintain a NMFS-ap- version number; proved video monitoring system as (B) Notify all known ELB users of specified in paragraph (e) of this sec- the software that a new version is tion. Additionally, the vessel owner available; and and operator must ensure that: (C) Ensure that the ELB users are (A) All periods when fish are inside provided with a revised copy within 15 the bin are recorded and stored; days of notification. (B) The system provides sufficient (i) Bin monitoring—(1) Bin monitoring resolution and field of view to see and standards. The vessel owner or operator read a text sample written in 130 point must comply with the requirements type (corresponding to line two of a

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standard Snellen eye chart) from any (j) Video monitoring on catcher/proc- location within the tank where crew essors and motherships in the BS pollock could be located. fishery, including pollock CDQ. The (iv) Failure of line of sight or video op- owner and operator of a catcher/proc- tion. If the observer determines that a essor or a mothership must provide and monitoring option selected by a vessel maintain a video monitoring system owner or operator specified in para- approved under paragraph (e) of this graph (i)(1)(ii) or (i)(1)(iii) of this sec- section. These video monitoring sys- tion fails to provide adequate moni- tem requirements must be met when toring of all areas of the bin where the catcher/processor is directed fish- crew could be located, then the vessel ing for pollock in the BS, including must use the monitoring option speci- pollock CDQ, and when the mothership fied in paragraph (i)(1)(i) of this section is taking deliveries from catcher ves- until the observer determines that ade- quate monitoring of all areas of the bin sels directed fishing for pollock in the where crew could be located is provided BS, including pollock CDQ. Addition- by the monitoring option selected by ally, the system must— the vessel owner or operator. (1) Record and retain video for all pe- (2) Who must have a bin monitoring op- riods when fish are flowing past the tion inspection? A vessel owner or oper- sorting area or salmon are in the stor- ator choosing to operate under the line age container. of sight option (option 2) in paragraph (2) The system must provide suffi- (i)(1)(ii) of this section or the video op- cient resolution and field of view to ob- tion (option 3) in paragraph (i)(1)(iii) of serve all areas where salmon are sorted this section must receive an annual bin from the catch, all crew actions in monitoring option inspection. these areas, and discern individual fish (3) How does a vessel owner arrange for in the salmon storage container. a bin monitoring option inspection? The (k) Video monitoring in the longline owner must submit an Inspection Re- catcher/processor subsector. The owner quest for Bin Monitoring to NMFS and operator of a catcher/processor with all the information fields filled in subject to § 679.100(b)(2) must provide at least 10 working days in advance of and maintain a video monitoring sys- the requested date of inspection. The tem approved under paragraph (e) of request form is available on the NMFS this section. These video monitoring Alaska Region Web site (http:// alaskafisheries.noaa.gov). system requirements must be met (4) Where will bin monitoring option in- when the vessel is operating in either spections be conducted? Inspections will the BSAI or GOA groundfish fisheries be conducted on vessels tied to docks when directed fishing for Pacific cod is at Dutch Harbor, Alaska, Kodiak, Alas- open in the BSAI, or while the vessel is ka, and in the Puget Sound area of groundfish CDQ fishing. Additionally, Washington State. the system must: (5) Bin monitoring option inspection re- (1) Record and retain video for all pe- port. A bin monitoring option inspec- riods when Pacific cod are being sorted tion report, valid for 12 months from and weighed. the date it is signed by NMFS, will be (2) Provide sufficient resolution and issued to the vessel owner if the bin field of view to monitor all areas where monitoring option meets the require- Pacific cod are sorted from the catch, ments of paragraph (i)(1)(ii) or (i)(1)(iii) all fish passing over the motion-com- of this section. The vessel owner must pensated scale, and all crew actions in maintain a current bin option inspec- these areas. tion report onboard the vessel at all times the vessel is required to provide [63 FR 5843, Feb. 4, 1998] an approved bin monitoring option EDITORIAL NOTE: For FEDERAL REGISTER ci- under this paragraph (i)(5). The bin tations affecting § 679.28, see the List of CFR monitoring option inspection report Sections Affected, which appears in the must be made available to the ob- Finding Aids section of the printed volume server, NMFS personnel or to an au- and at www.govinfo.gov. thorized officer upon request.

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Subpart C—Western Alaska Com- § 679.20(b)(1)(ii) shall be allocated munity Development Quota among the CDQ groups based on the Program CDQ percentage allocations required under 16 U.S.C. 1855(i)(1)(C), unless § 679.30 [Reserved] modified under 16 U.S.C. 1855(i)(1)(H). A portion of the groundfish CDQ reserves § 679.31 CDQ and PSQ reserves, alloca- will be allocated according to para- tions, and transfers. graph (b)(2) of this section. (a) CDQ, PSQ, and CDQ ABC re- (2) Annual allocations of nontarget serves—(1) Groundfish CDQ reserves. See groundfish species among the CDQ § 679.20 (b)(1)(ii). groups. Seven-tenths of one percent of (2) Halibut CDQ reserve—(i) NMFS each of the annual TACs allocated as will annually withhold from the IFQ groundfish CDQ reserves under allocation the proportions of the hal- § 679.20(b)(1)(ii)(C) and (D), with the ex- ibut catch limit that are specified in ception of the trawl gear sablefish CDQ paragraph (a)(2)(ii) of this section for reserves, shall be allocated among the use as a CDQ reserve. CDQ groups by the panel established in (ii) The proportions of the halibut section 305(i)(1)(G) of the Magnuson- catch limit annually withheld for the Stevens Act. halibut CDQ program, exclusive of (3) Annual allocations of PSQ reserves issued QS, are as follows for each IPHC among the CDQ groups. The annual PSQ regulatory area (see Figure 15 to this reserves shall be allocated among the part): CDQ groups based on the percentage al- (A) Area 4B. In IPHC regulatory area locations approved by NMFS on August 4B, 20 percent of the annual halibut 8, 2005. These percentage allocations quota shall be apportioned to a CDQ re- are described and listed in a notice serve. published in the FEDERAL REGISTER on (B) Area 4C. In IPHC regulatory area August 31, 2006 (71 FR 51804). 4C, 50 percent of the annual halibut (4) Annual allocations of CDQ ABC re- quota shall be apportioned to a CDQ re- serves among the CDQ groups. (i) An serve. amount equivalent to 10 percent of the (C) Area 4D. In IPHC regulatory area ABC reserve for flathead sole, rock 4D, 30 percent of the annual halibut sole, and yellowfin sole as determined quota shall be apportioned to a CDQ re- under the annual harvest specifications serve. at § 679.20(c) shall be allocated among (D) Area 4E. In IPHC regulatory area the CDQ groups based on the CDQ per- 4E, 100 percent of the annual halibut centage allocations under 16 U.S.C. quota shall be apportioned to a CDQ re- 1855(i)(1)(C), unless modified under 16 serve. A fishing trip limit of 10,000 lb U.S.C. 1855(i)(1)(H); and (4.54 mt) applies to halibut CDQ har- (ii) An amount equivalent to 0.7 per- vested through September 1. cent of the ABC reserve for flathead (3) Crab CDQ reserves. Crab CDQ re- sole, rock sole, and yellowfin sole as serves for crab species governed by the determined under the annual harvest Crab Rationalization Program are specifications at § 679.20(c) shall be al- specified at § 680.40(a)(1) of this chapter. located among the CDQ groups by the For Norton Sound red king crab, 7.5 panel established in section 305(i)(1)(G) percent of the guideline harvest level of the Magnuson-Stevens Act. specified by the State of Alaska is allo- (c) Transfers. CDQ groups may re- cated to the crab CDQ reserve. quest that NMFS transfer CDQ or PSQ (4) PSQ reserve. (See § 679.21(e)(3)(i)(A) from one group to another group by and (b)(1)(iv)) each group submitting a completed (5) CDQ ABC reserves. (See transfer request as described in § 679.20(b)(1)(iii)(A)) § 679.5(n)(1). NMFS will approve the (b) Allocations of CDQ, PSQ, and CDQ transfer request if the CDQ group ABC reserves among the CDQ groups—(1) transferring quota to another CDQ Annual allocations of groundfish, halibut, group has sufficient quota available for and crab CDQ reserves among the CDQ transfer. If NMFS approves the re- groups. The CDQ reserves in paragraphs quest, NMFS will make the requested (a)(1) through (a)(3) of this section and transfer(s) by decreasing the account

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balance of the CDQ group from which ply with observer coverage require- the CDQ or PSQ species is transferred ments at § 679.51(a)(2). and by increasing the account balance (ii) Data sources used for CDQ catch of the CDQ group receiving the trans- accounting. NMFS will use the fol- ferred CDQ or PSQ species. The PSQ lowing data sources to account for will be transferred as of the date NMFS catch made by vessels sablefish CDQ approves the transfer request and is ef- fishing with fixed gear: fective only for the remainder of the (A) Sablefish CDQ. NMFS will use the calendar year in which the transfer oc- same information sources that are used curs. to debit sablefish IFQ accounts (see (d) Accessing CDQ ABC reserves. Each § 679.40(h)) to debit fixed gear sablefish CDQ group may request that NMFS ap- CDQ accounts. This information must prove a Flatfish Exchange to add flat- be reported through standard reporting head sole, rock sole, or yellowfin sole requirements in § 679.5. to its CDQ account in exchange for re- (B) Groundfish CDQ. NMFS will use ducing its CDQ account by an equal the catch information submitted under amount of flathead sole, rock sole, or standard reporting requirements in yellowfin sole. CDQ groups may re- § 679.5 to debit any other groundfish quest Flatfish Exchanges by submit- CDQ species caught while sablefish ting a completed Flatfish Exchange CDQ fishing from applicable groundfish Application as described at § 679.4(p). CDQ accounts. [77 FR 6498, Feb. 8, 2012, as amended at 79 FR (2) Pollock CDQ fishing—(i) Oper- 56681, Sept. 23, 2014; 81 FR 24733, Apr. 27, 2016] ational requirements for catcher/proc- essors and motherships. Operators of § 679.32 Groundfish and halibut CDQ catcher/processors directed fishing for catch monitoring. pollock CDQ and motherships taking (a) Applicability. This section con- deliveries of codends from catcher ves- tains requirements for CDQ groups, sels directed fishing for pollock must vessel operators, and managers of proc- comply with the following: essors that harvest or process fixed (A) Comply with observer coverage gear sablefish CDQ, pollock CDQ, or requirements at § 679.51(a)(2). groundfish CDQ. Regulations governing (B) Notify the observers of CDQ catch the catch accounting of halibut CDQ before CDQ catch is brought onboard are at § 679.40(h). the vessel and notify the observers of (b) PSQ catch. Time and area closures the CDQ group and CDQ number associ- required once a CDQ group has reached ated with the CDQ catch. its salmon PSQ or crab PSQ are listed (C) Comply with the catch weighing in § 679.7(d)(5). The catch of salmon or and observer sampling station require- crab by vessels using other than trawl ments at § 679.63(a). gear does not accrue to the PSQ for (ii) Data sources used for CDQ catch these species. The discard of halibut by accounting—(A) Catcher/processors and vessels using pot gear, jig gear, or motherships. NMFS will use observer hook-and-line gear to harvest sablefish data as the basis to debit pollock CDQ, CDQ will not accrue to the halibut PSQ groundfish CDQ, and PSQ account bal- if this bycatch has been exempted from ances. the halibut PSC limit in the annual (B) Catcher vessels delivering to shore- BSAI specifications published in the side processors. NMFS will use the catch FEDERAL REGISTER. information submitted under standard (c) Fisheries monitoring requirements reporting requirements in § 679.5 to and catch accounting sources for vessels debit pollock CDQ, other groundfish sablefish, pollock, or groundfish CDQ CDQ species, and PSQ caught while fishing—(1) Sablefish CDQ fishing with pollock CDQ fishing from applicable fixed gear. CDQ account balances. (i) Observer coverage. Operators and (3) Groundfish CDQ fishing—(i) Oper- owners of catcher vessels sablefish CDQ ational requirements—(A) Catcher vessels fishing must comply with observer cov- using trawl gear and delivering sorted erage requirements at § 679.51(a)(1). Op- catch to a processor. Operators of vessels erators and owners of catcher/proc- in this category must comply with all essors sablefish CDQ fishing must com- of the following requirements:

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(1) Comply with the observer cov- a processor that meets the require- erage requirements at § 679.51(a)(2). ments of paragraph (d) of this section (2) Retain all CDQ species and salmon unless retention of groundfish CDQ spe- PSQ until they are delivered to a proc- cies is not authorized under § 679.4, dis- essor that meets the requirements of card of the groundfish CDQ or PSQ spe- paragraph (d) of this section unless re- cies is required under subpart B of this tention of groundfish CDQ species is part, or, in waters within the State of not authorized under § 679.4 of this part; Alaska, discard is required by laws of discard of the groundfish CDQ species the State of Alaska. All of the halibut is required under subpart B of this PSQ must be counted and sampled for part; or, in waters within the State of length or weight by the observer. Alaska, discard is required by laws of (E) Catcher/processors using nontrawl the State of Alaska. gear. Operators of vessels in this cat- (3) Retain all halibut and crab PSQ in egory must comply with the following a bin or other location until it is requirements: counted and sampled by the observer. (1) Operators of catcher/processors (4) Provide space on the deck of the using hook-and-line gear must comply vessel for the observer to sort and store with § 679.100. Operators of catcher/ catch samples and a place from which processors using pot gear must comply to hang the observer sampling scale. with observer coverage requirements at (B) Catcher/processors using trawl gear. § 679.51(a)(2)(vi)(A)(4); and Operators of vessels in this category (2) [Reserved] must comply with the following re- (3) Provide an observer sampling sta- quirements: tion as described at § 679.28(d). (1) Comply with the observer cov- (4) Notify the Observer Program by erage requirements at § 679.51(a)(2). phone at 1 (907) 581–2060 (Dutch Harbor, (2) [Reserved] AK) or 1 (907) 481–1770 (Kodiak, AK) at (3) Comply with the catch monitoring least 24 hours prior to departure when requirements at § 679.93(c). the vessel will be carrying an observer (C) Motherships taking deliveries of who has not previously been deployed unsorted codends. Operators of vessels on that vessel within the last 12 in this category must comply with the months. Subsequent to the vessel’s de- following requirements: parture notification, but prior to de- (1) Comply with the observer cov- parture, NMFS may contact the vessel erage requirements at § 679.51(a)(2). to arrange for a pre-cruise meeting. (2) [Reserved] The pre-cruise meeting must mini- (3) Provide an observer sampling sta- mally include the vessel operator or tion as described at § 679.28(d). manager and any observers assigned to (4) The operator of a mothership tak- the vessel. ing deliveries of unsorted codends from (ii) Data sources used for CDQ catch catcher vessels must weigh all catch on accounting. NMFS will use the fol- a scale that complies with the require- lowing sources to account for the catch ments of § 679.28(b). Catch must not be of groundfish CDQ and PSQ species sorted before it is weighed, unless a caught by vessels groundfish CDQ fish- provision for doing so is approved by ing. NMFS for the vessel. Each CDQ haul (A) Catcher vessels delivering unsorted must be sampled by an observer for codends. The weight and numbers of species composition and the vessel op- groundfish CDQ (including pollock) and erator must allow observers to use any PSQ species will be determined by ap- scale approved by NMFS to weigh par- plying the species composition sam- tial CDQ haul samples. pling data collected for each CDQ haul (D) Observed catcher vessels using by the observer on the mothership to nontrawl gear. This paragraph applies the total weight of each CDQ haul as to all observed catcher vessels using determined by weighing all catch from nontrawl gear, except those catcher each CDQ haul on a scale approved vessels regulated under paragraph under § 679.28(b). (c)(3)(iii) of this section. Operators of (B) Observed catcher vessels using trawl vessels in this category must retain all gear. The estimated weight of halibut CDQ species until they are delivered to and numbers of crab PSQ discarded at

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sea will be determined by using the ob- (1) The vessel operator must retain server’s sample data. The weight or all legal-size halibut caught during numbers of all landed groundfish CDQ that entire fishing trip. and salmon PSQ will be derived from (2) The vessel operator must have the delivery information submitted sufficient halibut IFQ or halibut CDQ through the eLandings system, as re- available to account for the catch of quired at § 679.5(e). all legal-size halibut caught during the (C) Catcher/processors and motherships entire fishing trip. using trawl gear. The weight and num- (3) If the vessel operator is relying on bers of CDQ and PSQ species will be de- halibut CDQ from a CDQ group to sup- termined by applying the observer’s port the retained catch of legal-size species composition sampling data for halibut during a fishing trip, the CDQ each CDQ haul to the total weight of group must provide adequate halibut the CDQ haul as determined by weigh- CDQ to this vessel operator to account ing all catch from each CDQ haul on a for all of the legal-size halibut caught scale certified under § 679.28(b). by the vessel during the entire fishing (D) Observed catcher vessels using trip. nontrawl gear. This paragraph applies (C) Halibut PSC. If halibut CDQ or to all observed catcher vessels using halibut IFQ are not retained during a nontrawl gear, except those catcher fishing trip on board a vessel described vessels regulated under paragraph in paragraph (c)(3)(iii)(A) of this sec- (c)(3)(iii) of this section. The weight of tion, the following requirements apply: halibut PSQ discarded at sea will be de- (1) The vessel operator must discard termined by using the observer’s sam- all halibut caught during the fishing ple data. The weight or numbers of all trip. landed groundfish CDQ and salmon (2) Small catcher vessel halibut PSC PSQ will be derived from the delivery limit. The CDQ group representative information submitted through the may transfer halibut from a CDQ eLandings system, as required at group’s halibut PSQ to its small catch- § 679.5(e). er vessel halibut PSC limit. To do so, (E) Catcher/processors using nontrawl the CDQ representative must submit a gear. The weight of halibut PSQ and all transfer request using the procedures groundfish CDQ species, except sable- described in § 679.5(n). In reviewing a fish, will be determined by applying request to transfer halibut PSQ to a the observer’s species composition CDQ group’s small catcher vessel hal- sampling data to the estimate of total ibut PSC limit, NMFS will consider catch weight, if any CDQ species are whether the amount of halibut to be discarded at sea. Sablefish CDQ caught transferred to the small catcher vessel with fixed gear is accounted for as de- halibut PSC limit is sufficient to sup- scribed in paragraph (c)(1) of this sec- port groundfish CDQ fishing by the tion. catcher vessels that the CDQ group (iii) Groundfish CDQ fishing by catcher plans to authorize to conduct ground- vessels less than or equal to 46 ft LOA fish CDQ fishing. The transfer is not ef- using hook-and-line gear—(A) Applica- fective until approved by NMFS. The bility. Regulations in this paragraph CDQ group representative also may apply to the operators of catcher ves- transfer halibut from a CDQ group’s sels less than or equal to 46 ft (14.0 m) small catcher vessel halibut PSC limit LOA using hook-and-line gear when back to its halibut PSQ by submitting groundfish CDQ fishing and to the CDQ a transfer request using the procedures groups authorizing the operators of described in § 679.5(n). In reviewing a these vessels to harvest groundfish request to transfer halibut from the CDQ or halibut CDQ. small catcher vessel halibut PSC limit (B) Halibut CDQ or halibut IFQ. If any back to the CDQ group’s halibut PSQ, halibut CDQ or halibut IFQ are re- NMFS will consider the status of CDQ tained during a fishing trip on board a fisheries through the end of the year vessel described in paragraph and anticipated halibut PSC rates for (c)(3)(iii)(A) of this section, the fol- any remaining groundfish CDQ fishing lowing requirements apply: by vessels managed under the small

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catcher vessel halibut PSC limit for (2) Requirements for processors taking the requesting CDQ group. deliveries of groundfish CDQ. Managers (3) Fishery closures. Directed fishing of shoreside processors and stationary for groundfish CDQ, except sablefish floating processors taking deliveries of CDQ managed under paragraph (c)(1) of groundfish CDQ must comply with the this section, by catcher vessels less following requirements: than or equal to 46 ft LOA using hook- (i) Comply with observer coverage re- and-line gear is prohibited unless the quirements at § 679.51(b)(1). Regional Administrator publishes noti- (ii) Provide prior notice to observer of fication in the FEDERAL REGISTER au- offloading schedule. Notify the observer thorizing such directed fishing. In de- of the offloading schedule of each CDQ ciding whether to authorize directed delivery at least 1 hour prior to off- fishing, NMFS will consider whether a loading to provide the observer an op- CDQ group has sufficient halibut in its portunity to monitor the sorting and small catcher vessel halibut PSC limit to support directed fishing for ground- weighing of the entire delivery. fish CDQ by these catcher vessels. (iii) CDQ and PSQ by weight. Sort and Upon determining that a CDQ group’s weigh on a scale approved by the State small catcher vessel halibut PSC limit of Alaska under § 679.28(c) all ground- has been or will be reached, the Re- fish and halibut CDQ or PSQ by species gional Administrator will publish noti- or species group. fication in the FEDERAL REGISTER pro- (iv) PSQ by number. Sort and count hibiting directed fishing for all ground- all salmon and crab PSQ. fish CDQ species, except sablefish CDQ, (v) CDQ and PSQ sorting and weighing. by catcher vessels less than or equal to Sorting and weighing of CDQ and PSQ 46 ft LOA using hook-and-line gear must be monitored by an observer. fishing for that CDQ group. If the esti- (e) Use of non-CDQ harvest regulations mated halibut PSC by vessels described for vessels in voluntary fishing coopera- in paragraph (c)(3)(iii)(A) of this sec- tives—(1) Applicability. If approved by tion exceeds the balance of the small NMFS under this paragraph (e), vessels catcher vessel halibut PSC limit on De- participating in a voluntary fishing co- cember 31 of any year, and if the CDQ operative in a non-CDQ sector are au- group has remaining halibut PSQ on thorized to conduct groundfish CDQ that date, NMFS will transfer an fishing under the same regulations amount of halibut PSQ into the CDQ that apply while such vessels are used group’s small catcher vessel halibut to directed fish in the non-CDQ fish- PSC limit to bring the balance of the eries and are not required to comply small catcher vessel halibut PSC limit with the CDQ harvest regulations in to zero. NMFS will make the deter- paragraph (c)(3)(i) of this section. mination about whether such an ad- (2) Who may apply? A CDQ group rep- ministrative transfer is necessary after resentative, a representative of an as- data from the fishing year is finalized. sociation representing CDQ groups, or (d) Monitoring requirements for shore- the authorized representative of a vol- side processors and stationary floating untary fishing cooperative may submit processors—(1) Requirements for proc- essors taking deliveries of pollock CDQ— an application to use alternative CDQ (i) Catch weighing. Managers of shore- harvest regulations. side processors or stationary floating (3) Application process—(i) Application processors taking deliveries of pollock documents. A completed application is CDQ must comply with the require- comprised of an application form and a ments at § 679.63(c). copy of the cooperative contract or an (ii) Catch monitoring and control plan. affidavit, as described below: Managers of AFA inshore processors or (A) Application form. The application stationary floating processors taking to use alternative CDQ harvest regula- deliveries of pollock CDQ must follow tions is available on the NMFS Alaska an approved catch monitoring and con- Region Web site at trol plan as described at § 679.28(g). www.alaskafisheries.noaa.gov. All infor- (iii) Comply with observer coverage mation fields must be accurately com- requirements at § 679.51(b)(2). pleted, including information about the

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applicant, the voluntary fishing coop- the requirements of paragraphs (e)(2) erative, and the vessels participating and (3) of this section, and that the in the voluntary cooperative. vessels listed on the application form (B) Cooperative contract or affidavit. represent a majority of the vessels par- The application must include either a ticipating in the applicable sector. If copy of the current voluntary fishing NMFS determines that the application cooperative contract demonstrating is deficient, NMFS will notify the ap- participation in the cooperative by the plicant in writing to identify the dis- owners of each of the vessels named on crepancies and provide the applicant the application form or an affidavit with an opportunity to correct them. that includes the information required (v) NMFS determinations and adminis- in this paragraph (e)(3)(i)(B). NMFS trative appeal. NMFS will approve an must be able to determine the fol- application to use non-CDQ harvest lowing information from the voluntary regulations when it determines that all fishing cooperative contract or the af- of the information submitted with the fidavit: the name of the authorized rep- application complies with the require- resentative of the cooperative; the ments of paragraphs (e)(2) and (3) of printed names and signatures of each this section, the vessels listed on the vessel owner that is a party to the vol- application form represent a majority untary cooperative; the vessel name, of vessels participating in an applica- FFP number, and LLP license number ble sector, and the CDQ harvest regula- for each vessel managed under the co- tions are more restrictive than the operative; and the target species, proc- non-CDQ regulations for the applicable essing mode, gear types, and manage- sector. NMFS will issue an initial ad- ment area(s) associated with the vol- ministrative determination (IAD) dis- untary cooperative’s federal fishing op- approving the application and the rea- erations. If an applicant submits a sons for its disapproval if the applica- copy of the voluntary fishing coopera- tion is incomplete, the voluntary coop- tive contract but it does not contain erative does not represent a majority this information, the applicant also of the vessels participating in the sec- must submit a written affidavit that tor, or the CDQ harvest regulations are provides all of the information re- not more restrictive than the non-CDQ quired in this paragraph (e)(3)(i)(B) regulations for the applicable sector. that is not included in the cooperative An applicant who receives an IAD dis- contract. approving an application may appeal (ii) Application submission. The appli- under the procedures set forth at cation for use of non-CDQ harvest regu- § 679.43. lations must be submitted to the Re- (vi) Amendments. The entity applied gional Administrator per the instruc- for use of non-CDQ harvest regulations tions on the application form. must promptly notify NMFS of any (iii) Submittal and duration—(A) Sub- changes in the voluntary fishing co- mittal. An application requesting ap- operative’s membership by re-applying proval for the use of non-CDQ harvest in accordance with this paragraph (e). regulations may be submitted to NMFS Amendments to an approved applica- at any time. tion to use alternative CDQ harvest (B) Duration. Once approved, an ap- regulations may be submitted to NMFS plication to use alternative CDQ har- at any time, and will be reviewed under vest regulations is effective as of the the requirements of this paragraph (e). date on which NMFS approves the ap- [77 FR 6499, Feb. 8, 2012, as amended at 77 FR plication. The approval is effective 59060, Sept. 26, 2012; 77 FR 70091, Nov. 21, 2012; until the requesting entity withdraws 81 FR 26744, May 4, 2016; 83 FR 30532, June 29, its application, or until there is a 2018] change in the membership of the vol- untary cooperative, whichever occurs § 679.33 CDQ cost recovery. first. (a) Cost Recovery Fee Program for CDQ (iv) NMFS review. NMFS will review groundfish and halibut—(1) Who is Re- an application to use non-CDQ harvest sponsible? The person documented with regulations to determine that all of the NMFS as the CDQ group representative information submitted complies with at the time of a CDQ landing.

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(i) Subsequent transfer, under apply to all CDQ groundfish and hal- § 679.31(c), of a CDQ allocation by a ibut landings made during the current CDQ group does not affect the CDQ calendar year. group representative’s liability for (iii) Determination. NMFS will cal- noncompliance with this section. culate the CDQ standard prices for (ii) Changes in amount of a CDQ allo- each CDQ fishery as follows: cation to a CDQ group do not affect the (A) CDQ halibut and CDQ fixed gear CDQ group representative’s liability sablefish. NMFS will calculate the CDQ for noncompliance with this section. standard prices for CDQ halibut and (2) Fee collection. Each CDQ group CDQ fixed gear sablefish to reflect, as that receives a CDQ allocation of closely as possible by port or port- groundfish and halibut is responsible group, the variations in the actual ex- for submitting the cost recovery pay- vessel values of CDQ halibut and fixed- ment for all CDQ landings debited gear sablefish based on information against that CDQ group’s allocations. provided in the IFQ Registered Buyer (3) Payment—(i) Payment due date. A Ex-vessel Volume and Value Report de- CDQ group representative must submit scribed at § 679.5(l)(7). The Regional Ad- all CDQ fee payment(s) to NMFS at the ministrator will base CDQ standard address provided in paragraph (a)(3)(iii) prices on the following information: of this section no later than December (1) Landed pounds of IFQ halibut and 31 of the calendar year in which the sablefish and CDQ halibut in the Ber- CDQ groundfish and halibut landings ing Sea port-group; were made. (2) Total ex-vessel value of IFQ hal- (ii) Payment recipient. Make elec- ibut and sablefish and CDQ halibut in tronic payment payable to NMFS. the Bering Sea port-group; and (iii) Payment address. Submit pay- ment and related documents as in- (3) Price adjustments, including ret- structed on the fee submission form. roactive payments. Payments must be made electronically (B) CDQ Pacific cod. NMFS will use through the NMFS Alaska Region Web the standard prices calculated for Pa- site at http://alaskafisheries.noaa.gov. In- cific cod based on information provided structions for electronic payment will in the Pacific Cod Ex-vessel Volume be made available on both the payment and Value Report described at Web site and a fee liability summary § 679.5(u)(1) for CDQ Pacific cod. letter mailed to the CDQ group rep- (C) CDQ pollock. NMFS will use the resentative. standard prices calculated for AFA pol- (iv) Payment method. Payment must lock described at § 679.66(b) for CDQ be made electronically in U.S. dollars pollock. by automated clearing house, credit (D) Other CDQ groundfish including card, or electronic check drawn on a sablefish caught with trawl gear. (1) U.S. bank account. NMFS will base all CDQ standard (b) CDQ standard ex-vessel value deter- prices for all other CDQ groundfish spe- mination and use—(1) General. A CDQ cies on the First Wholesale Volume and group representative must use the CDQ Value reports specified in § 679.5(u)(2). standard prices determined by NMFS (2) NMFS will establish CDQ stand- under paragraph (b)(2) of this section. ard prices for all other CDQ groundfish (2) CDQ standard prices—(i) General. species on an annual basis; except the Each year the Regional Administrator Regional Administrator will establish will publish CDQ standard prices for a first CDQ standard price for rock sole groundfish and halibut in the FEDERAL for all landings from January 1 REGISTER by December 1 of the year in through March 31, and a second CDQ which the CDQ groundfish and halibut standard price for rock sole for all landings were made. The CDQ standard landings from April 1 through Decem- prices will be described in U.S. dollars ber 31. per CDQ equivalent pound for CDQ (3) The average first wholesale prod- groundfish and halibut landings made uct prices reported will be multiplied during the current calendar year. by 0.4 to obtain a proxy for the ex-ves- (ii) Effective duration. The CDQ stand- sel prices of those CDQ groundfish spe- ard prices published by NMFS shall cies.

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(c) CDQ fee percentage—(1) Established CDQ groundfish and halibut landing is percentage. The CDQ fee percentage for debited from a CDQ group’s allocation CDQ groundfish and halibut is the to calculate the CDQ fee liability for amount as determined by the factors any retroactive payments for that CDQ and methodology described in para- species. graph (c)(2) of this section. This (5) Fee liability determination for a amount will be announced by publica- CDQ group. (i) Each CDQ group will be tion in the FEDERAL REGISTER in ac- subject to a CDQ fee for any CDQ cordance with paragraph (c)(3) of this groundfish and halibut debited from section. This amount must not exceed that CDQ group’s allocation during a 3.0 percent pursuant to 16 U.S.C. calendar year. 1854(d)(2)(B). (ii) The CDQ fee assessed to a CDQ (2) Calculating fee percentage value. group will be based on the proportion Each year NMFS will calculate and of the standard ex-vessel value of CDQ publish the CDQ fee percentage accord- groundfish and halibut debited from a ing to the following factors and meth- CDQ group’s allocation relative to all odology: CDQ groups during a calendar year as (i) Factors. NMFS will use the fol- determined by NMFS. lowing factors to determine the fee per- (iii) NMFS will provide a CDQ fee li- centage: ability summary letter to each CDQ (A) The catch to which the CDQ group representative by December 1 of groundfish and halibut cost recovery each year. The summary will explain fee will apply; the CDQ fee liability determination in- (B) The ex-vessel value of that catch; cluding the current fee percentage, and and details of CDQ pounds debited from the (C) The costs directly related to the CDQ group allocations by permit, spe- management, data collection, and en- cies, date, and prices. forcement of the CDQ Program for (d) Underpayment of fee liability—(1) groundfish and halibut. No CDQ group will receive its alloca- (ii) Methodology. NMFS will use the tions of CDQ groundfish or halibut following equations to determine the until the CDQ group representative fee percentage: 100 × DPC/V, where: submits full payment of that CDQ (A) DPC = the direct program costs group’s complete CDQ fee liability. for the CDQ Program for groundfish (2) If a CDQ group representative and halibut for the most recent Federal fails to submit full payment for its fiscal year (October 1 through Sep- CDQ fee liability by the date described tember 30) with any adjustments to the in paragraph (a)(3) of this section, the account from payments received in the Regional Administrator may: previous year. (i) At any time thereafter send an (B) V = total of the CDQ standard ex- IAD to the CDQ group representative vessel value of the catch subject to the stating that the CDQ group’s estimated CDQ fee liability for the current year. fee liability, as indicated by his or her (3) Publication—(i) General. NMFS own submitted information, is the CDQ will calculate and announce the CDQ fee liability due from the CDQ group. fee percentage in a FEDERAL REGISTER (ii) Disapprove any application to notice by December 1 of the year in transfer CDQ to or from the CDQ group which the CDQ groundfish and halibut in accordance with § 679.31(c). landings were made. NMFS will cal- (3) If a CDQ group fails to submit full culate the CDQ fee percentage based on payment by December 31 of each year, the calculations described in paragraph the Regional Administrator will not (c)(2) of this section. issue allocations of CDQ groundfish (ii) Effective period. NMFS will apply and halibut to that CDQ group for the the calculated CDQ fee percentage to following calendar year. CDQ groundfish and halibut landings (4) Upon final agency action deter- made between January 1 and December mining that a CDQ group representa- 31 of the same year. tive has not paid the CDQ fee liability (4) Applicable percentage. The CDQ due for that CDQ group, the Regional group representative must use the CDQ Administrator may continue to not fee percentage applicable at the time a issue allocations of CDQ groundfish

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and halibut for that CDQ group for any and the QS pools of those fisheries for subsequent calendar years until NMFS specific IFQ regulatory areas as of Oc- receives the unpaid fees. If payment is tober 17, 1994. not received by the 30th day after the (2) Qualified person. (i) As used in this final agency action, the agency may section, a ‘‘qualified person’’ means a pursue collection of the unpaid fees. ‘‘person,’’ as defined in § 679.2: (e) Over payment. Upon issuance of (A) That owned a vessel that made final agency action, payment sub- legal landings of halibut or sablefish, mitted to NMFS in excess of the CDQ harvested with fixed gear, from any fee liability determined to be due by IFQ regulatory area in any QS quali- the final agency action will be returned fying year; or to the CDQ group representative unless (B) That leased a vessel that made the CDQ group representative requests legal landings of halibut or sablefish, the agency to credit the excess amount harvested with fixed gear, from any against the CDQ group’s future CDQ fee IFQ regulatory area in any QS quali- liability. fying year. A person who owns a vessel (f) Appeals. A CDQ group representa- cannot be a qualified person based on tive who receives an IAD for incom- the legal fixed gear landings of halibut plete payment of a CDQ fee liability or sablefish made by a person who may appeal under the appeals proce- leased the vessel for the duration of the dures set out at 15 CFR part 906. lease. (g) Annual report. Each year, NMFS (C) Who is a citizen of the United will publish a report describing the States at the time of application for CDQ Cost Recovery Fee Program for QS. groundfish and halibut. (D) Who is a corporation, partner- ship, association, or other non-indi- [81 FR 167, Jan. 5, 2016] vidual entity that would have qualified to document a fishing vessel as a vessel Subpart D—Individual Fishing of the United States during the QS Quota Management Measures qualifying years of 1988, 1989, and 1990. (ii) Qualified persons, or their succes- § 679.40 Sablefish and halibut QS. sors-in-interest, must exist at the time The Regional Administrator shall an- of their application for QS. nually divide the annual commercial (iii) A former partner of a dissolved fishing catch limit of halibut as de- partnership or a former shareholder of fined in § 300.61 of this title and pub- a dissolved corporation who would oth- lished in the FEDERAL REGISTER pursu- erwise qualify as a person may apply ant to § 300.62 of this title, among for QS in proportion to his or her inter- qualified halibut quota share holders. est in the dissolved partnership or cor- The Regional Administrator shall an- poration. nually divide the TAC of sablefish that (iv) Sablefish harvested within is apportioned to the fixed gear fishery Prince William Sound, or under a State pursuant to § 679.20, minus the CDQ re- of Alaska limited entry program, will serve, among qualified sablefish quota not be considered in determining share holders. whether a person is a qualified person. (a) Initial allocation of QS—(1) General. (3) Qualification for QS—(i) Year. A QS The Regional Administrator shall ini- qualifying year is 1988, 1989, or 1990. tially assign to qualified persons, on or (ii) Vessel ownership. Evidence of ves- after October 18, 1994, halibut and sa- sel ownership shall be limited to the blefish fixed gear fishery QS that are following documents, in order of pri- specific to IFQ regulatory areas and ority: vessel categories. QS will be assigned (A) For vessels required to be docu- as a block in the appropriate IFQ regu- mented under the laws of the United latory area and vessel category, if that States, the USCG abstract of title QS would have resulted in an alloca- issued in respect of that vessel. tion of less than 20,000 lb (9 mt) of IFQ (B) A certificate of registration that for halibut or sablefish based on the is determinative as to vessel owner- 1994 TAC for fixed gear in those fish- ship. eries for specific IFQ regulatory areas (C) A bill of sale.

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(iii) Vessel lease. Conclusive evidence for an IFQ regulatory area will be the of a vessel lease will include a written halibut QS pool for that area. vessel lease agreement or a notarized (ii) Sablefish QS. The Regional Ad- statement from the vessel owner and ministrator shall calculate the sable- lease holder attesting to the existence fish QS for any qualified person in each of a vessel lease agreement at any time IFQ regulatory area based on that per- during the QS qualifying years. Conclu- son’s highest total legal landings of sa- sive evidence of a vessel lease must blefish in each groundfish reporting identify the leased vessel and indicate area for any 5 years of the 6-year sable- the name of the lease holder and the fish QS base period 1985 through 1990. period of time during which the lease The sum of all sablefish QS for an IFQ was in effect. Other evidence, which regulatory area will be the sablefish QS may not be conclusive, but may tend to pool for that area. support a vessel lease, may also be sub- (iii) CDQ program. Each initial QS mitted. calculation will be modified to accom- (iv) Ownership interest. Evidence of modate the CDQ program prescribed at ownership interest in a dissolved part- subpart C of this part. nership or corporation shall be limited (5) Assignment of QS to vessel cat- to corporate documents (e.g., articles egories—(i) LOA. Each qualified per- of incorporation) or notarized state- son’s QS will be assigned to a vessel ments signed by each former partner, category based on the LOA of vessel(s) shareholder or director, and specifying from which that person made fixed their proportions of interest. gear legal landings of groundfish or (v) Legal landing of halibut or sable- halibut in the most recent year of par- fish—(A) Definition. As used in this sec- ticipation and the product type landed. tion, a ‘‘legal landing of halibut or sa- As used in this paragraph (a)(5), ‘‘the blefish’’ means halibut or sablefish har- most recent year of participation’’ vested with fixed gear and landed in means the most recent of 4 calendar compliance with state and Federal reg- years in which any groundfish or hal- ulations in effect at the time of the ibut were harvested using fixed gear, as landing. follows: 1988, 1989, or 1990; or calendar (B) Documentation. Evidence of legal year 1991 prior to September 26, 1991. landings shall be limited to docu- (ii) Vessel categories. QS and its asso- mentation of state or Federal catch re- ciated IFQ assigned to vessel cat- ports that indicate the amount of hal- egories include: ibut or sablefish harvested, the IPHC regulatory area or groundfish reporting (A) Category A QS and associated area in which it was caught, the vessel IFQ, which authorizes an IFQ permit and gear type used to catch it, and the holder to harvest and process IFQ spe- date of harvesting, landing, or report- cies on a vessel of any length; ing. State catch reports are Alaska, (B) Category B QS and associated Washington, Oregon, or California fish IFQ, which authorizes an IFQ permit tickets. Federal catch reports are pro- holder to harvest IFQ species on a ves- duction reports required under § 679.5. sel of any length; Sablefish harvested within Prince Wil- (C) Category C QS and associated liam Sound or under a State of Alaska IFQ, which authorizes an IFQ permit limited entry program will not be con- holder to harvest IFQ species on a ves- sidered in determining qualification to sel less than or equal to 60 ft (18.3 m) receive QS, nor in calculating initial LOA: QS. (D) Category D QS and associated (4) Calculation of initial QS—(i) Hal- IFQ, which authorizes an IFQ permit ibut QS. The Regional Administrator holder to harvest IFQ halibut on a ves- shall calculate the halibut QS for any sel less than or equal to 35 ft (10.7 m) qualified person in each IFQ regulatory LOA, except as provided in § 679.42(a). area based on that person’s highest (iii) QS assignment. A qualified per- total legal landings of halibut in each son’s QS will be assigned: IPHC regulatory area for any 5 years of (A) To vessel category A if, at any the 7-year halibut QS base period 1984 time during his/her most recent year of through 1990. The sum of all halibut QS participation, that person’s vessel

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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. The Application period for greater than 60 ft (18.3 m) LOA and did QS ended on July 15, 1994. As of that not process any groundfish or halibut date, the Request for QS Application caught with fixed gear. form replaced the QS Application form (C) To each applicable vessel cat- as the means by which the Adminis- egory in proportion to the landings of trator, RAM, reviews and makes initial halibut or sablefish made by that per- administrative determinations on re- son if, at any time during their most quests for initial allocations of QS. A recent year of participation, that per- Request for QS Application must con- son used more than one vessel in dif- tain the following: information identi- ferent categories. fying the individual, representative of (iv) Sablefish QS. A qualified person’s a deceased fisherman’s estate, corpora- sablefish QS will be assigned: tion, partnership, or other non-indi- (A) To vessel category C if, at any vidual entity, or dissolved corporation, time during his/her most recent year of partnership, or other non-individual participation, that person’s vessel was entity making the request; contact less than or equal to 60 ft (18.3 m) LOA numbers; vessel identification, length and did not process any groundfish or overall, and purchase date; and infor- halibut caught with fixed gear. mation on any vessel leasing arrange- (B) To the vessel category in which ment pertinent to the claim of eligi- halibut and groundfish were landed, or bility. vessel categories in proportion to the (ii) Application period. An application total fixed gear landings of halibut and period of no less than 180 days will be groundfish, if, at any time during the specified by notification in the FED- most recent year of participation, that ERAL REGISTER and other information person’s vessel(s) makes no landing(s) sources that the Regional Adminis- of sablefish. trator deems appropriate. (v) Halibut QS. A qualified person’s halibut QS will be assigned: (iii) Complete application. Complete (A) To vessel category C if, at any applications received by the Regional time during his/her most recent year of Administrator will be acknowledged. participation, that person’s vessel was An incomplete application will be re- less than or equal to 60 ft (18.3 m), but turned to the applicant with specific greater than 35 ft (10.7 m), LOA and did kinds of information identified that not process any groundfish or halibut are necessary to make it complete. caught with fixed gear. (7) Insufficient documentation. Halibut (B) To vessel category D if, at any and sablefish catch history, vessel own- time during his/her most recent year of ership or lease data, and other informa- participation, that person’s vessel was tion supplied by an applicant will be less than or equal to 35 ft (10.7 m) LOA compared with data compiled by the and did not process any groundfish or Regional Administrator. If additional halibut caught with fixed gear. data presented in an application are (C) To the vessel category in which not consistent with the data compiled groundfish were landed, or vessel cat- by the Regional Administrator, the ap- egories in proportion to the total fixed plicant will be notified of insufficient gear landings of groundfish, if, at any documentation. The applicant will time during the most recent year of have 90 days to submit corroborating participation, that person’s vessel(s) documents (as specified in paragraph makes no landing(s) of halibut. (a) of this section) in support of his/her (vi) Both species QS. A qualified per- application or to resubmit a revised ap- son’s QS for both species will be as- plication. All applicants will be limited signed to the vessel category in which to one opportunity to provide corrobo- groundfish were landed in the most re- rating documentation or a revised ap- cent year of participation if, at any plication in response to notification of time during that year, that person insufficient documentation.

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(8) Verified data. Uncontested data in U.S. Mail, courier, hand delivery, or applications will be approved by the facsimile to the NMFS, Alaska Region Regional Administrator. Based on as provided on the Inactive QS Notice these data, the Regional Administrator and printed on the front side of the will calculate each applicant’s initial form. The written response must be re- halibut and sablefish QS, as provided in ceived by NMFS no later than the date paragraph (b) of this section, for each contained on the Inactive QS Notice or IFQ regulatory area, respectively, and if sent by mail, postmarked by that will add each applicant’s halibut and date. If delivered by hand or courier, sablefish QS for an IFQ regulatory area the receiving date is the date the no- to the respective QS pool for that area. tice is stamped received by NMFS. (9) Unverified data. Catch history, (iii) For purposes of paragraph (a)(10) vessel ownership, or lease data that of this section, the term ‘‘inactive QS’’ cannot be verified by the Regional Ad- means halibut QS or sablefish QS, held ministrator, following the procedure by a person who received an initial al- described in paragraph (a)(7) of this location of halibut QS or sablefish QS section, will not qualify for QS. An ini- and has not taken any of the following tial determination denying QS on the actions: grounds that claimed catch history, (A) Transferred any halibut QS or sa- vessel ownership or lease data were not blefish QS pursuant to § 679.41; verified may be appealed following the (B) Transferred any halibut IFQ or procedure described in § 679.43. Quota sablefish IFQ pursuant to § 679.41; share reflecting catch history, vessel (C) Landed any halibut authorized by ownership, or lease data that are con- IFQ halibut permit(s) issued to that tested between two or more applicants, person; or at least one of which is likely to qual- (D) Landed any sablefish authorized ify for QS when the dispute is resolved, by IFQ sablefish permit(s) issued to will be assigned to a reserve that will that person. be considered part of the QS pool for (b) Annual allocation of IFQ and RFQ. the appropriate IFQ regulatory area. The Regional Administrator shall as- Any QS and IFQ that results from sign halibut or sablefish IFQs to each agency action resolving the dispute person, except the RQE, holding unre- will be assigned to the prevailing appli- stricted QS halibut or sablefish, respec- cant(s) pursuant to paragraphs (a)(4), tively, up to the limits prescribed in (a)(5), (b), and (c) of this section. If the § 679.42(e) and (f). Each assigned IFQ assigned IFQ for the 1995 fishing season will be specific to an IFQ regulatory becomes moot by passage of time need- area and vessel category, and will rep- ed to resolve the dispute, the assign- resent the maximum amount of halibut ment of QS and IFQ for subsequent or sablefish that may be harvested fishing seasons will be unaffected. from the specified IFQ regulatory area (10) NMFS revokes inactive QS if the and by the person to whom it is as- person holding inactive QS does not: signed during the specified fishing (i) Respond in writing to NMFS, year, unless the IFQ assignment is within 60 days after NMFS issues a No- changed by the Regional Administrator tice of Determination of Quota Share within the fishing year because of an Inactivity (Inactive QS Notice) sent to approved transfer or because all or part the address of record as defined at of the IFQ is sanctioned for violating § 679.43(e) of this part, requesting that rules of this part. The Regional Admin- the inactive QS not be revoked. Re- istrator shall assign RFQ to the RQE sponses must be received by NMFS no pursuant to paragraph (c)(4) of this sec- later than the date contained on the tion. Inactive QS Notice (c) Calculation of annual IFQ and RFQ (ii) For purposes of paragraph (a)(10) allocations—(1) General. (i) The annual of this section, ‘‘respond in writing’’ allocation of halibut IFQ to any person means write a statement directing (person p) in any IFQ regulatory area NMFS to change the status of QS to (area a) will be equal to the product of ‘‘active’’ and sign and date the state- the annual commercial catch limit as ment or complete the form attached to defined in § 300.61 of this title, after ad- the Inactive QS Notice and send by justment for purposes of the Western

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Alaska CDQ Program, and that per- of halibut QS held by the RQE for ei- son’s QS divided by the QS pool for ther IFQ regulatory area 2C or 3A for that area. Overage adjustments will be the corresponding IFQ regulatory area subtracted from a person’s IFQ pursu- will be the amounts on record with the ant to paragraph (d) of this section; un- Alaska Region, NMFS on October 1 of derage adjustments will be added to a the year prior. person’s IFQ pursuant to paragraph (e) (ii) Calculation of RFQ. The annual al- of this section. Expressed algebra- location of RFQ halibut to an RQE ically, the annual halibut IFQ alloca- (person r) in IFQ regulatory area 2C or tion formula is as follows: 3A (area a) will be equal to the product of the annual commercial catch limit ¥ IFQpa = [(fixed gear TACa CDQ re- as defined in § 300.61 of this title, and × ¥ servea) (QSpa/QS poola)] overage the QS held by the RQE (specified in adjustment of IFQpa + underage ad- paragraph (c)(4)(i) of this section) di- justment of IFQpa. vided by the QS pool for that area (ii) The annual allocation of sablefish (specified in paragraph (c)(2) of this IFQ to any person (person p) in any section). No overage or underage ad- IFQ regulatory area (area a) will be justments will be applied to the RQE’s equal to the product of the TAC of sa- annual RFQ. Expressed algebraically, blefish by fixed gear for that area the annual RFQ halibut allocation for- (after adjustment for purposes of the mula is as follows: Western Alaska CDQ Program) and RFQra = [fixed gear TACa × (QSra/QS that person’s QS divided by the QS pool poola)] for that area. Overage adjustments will (iii) Excess RFQ. NMFS will not issue be subtracted from a person’s IFQ pur- the RQE any excess RFQ. Excess RFQ suant to paragraph (d) of this section; is the difference between the amount of underage adjustments will be added to RFQ based on the QS held by the RQE a person’s IFQ pursuant to paragraph and the amount of RFQ needed to pro- (e) of this section. Expressed algebra- vide charter fishery management ically, the annual IFQ allocation for- measures that are equivalent to mula is as follows: unguided recreational fishery manage- IFQ = [(fixed gear TAC ¥ CDQ re- ment measures. If the annual manage- pa a ment measures published pursuant to servea) × (QSpa/QS poola)] ¥ overage adjustment of IFQ + underage ad- § 300.62 of this title specify charter fish- pa ery management measures that are justment of IFQ pa. equivalent to the unguided rec- (2) QS amounts. For purposes of calcu- reational management measures, lating IFQs and RFQ for any fishing NMFS will: year, the amount of a person’s QS and (A) Calculate the annual allocation the amount of the QS pool for any IFQ of halibut RFQ to the RQE as specified regulatory area will be the amounts on in paragraph (c)(4)(ii) of this section; record with the Alaska Region, NMFS, and on January 15 of that year. (B) Determine the amount of RFQ (3) IFQ permit. The Regional Adminis- needed to supplement the annual guid- trator shall issue to each QS holder, ed sport catch limit from the CSP in pursuant to § 679.4, an IFQ permit Area 2C and Area 3A (described in specifying the maximum amount of § 300.65(c) of this title) to account for halibut and sablefish that may be har- charter fishery harvests under the vested with fixed gear in a specified charter fishery management measures IFQ regulatory area and vessel cat- specified in the annual management egory. Such IFQ permits will be sent to measures and issue that amount of each QS holder at the address on record RFQ to the RFQ permit account. for that person prior to the start of the (C) Calculate the amount of excess IFQ fishing season or to any IFQ hold- RFQ by subtracting the amount of RFQ er(s) following transfers or penalties (15 issued as determined in paragraph CFR part 904). (c)(4)(iii)(B) of this section from the an- (4) RFQ allocation to RQE—(i) RQE QS nual calculation of RFQ halibut to the amounts. For purposes of calculating RQE as calculated in paragraph RFQ for any fishing year, the amount (c)(4)(iii)(A) of this section.

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(iv) Redistribution of excess RFQ. Ex- (f) Harvesting privilege. Quota shares cess pounds of RFQ will be redistrib- allocated or permits issued pursuant to uted as IFQ as follows: this part do not represent either an ab- (A) 50 percent to all catcher vessel solute right to the resource or any in- QS holders in the applicable area who terest that is subject to the ‘‘takings’’ held not more than 32,333 QS units in provision of the Fifth Amendment of Area 2C, and 47,469 QS units in Area 3A the U.S. Constitution. Rather, such in the current calendar year and in the quota shares or permits represent only calendar year prior to the redistribu- a harvesting privilege that may be re- tion, in proportion to their QS hold- voked or amended subject to the re- ings; and quirements of the Magnuson-Stevens (B) 50 percent divided equally among Act and other applicable law. all CQEs that held halibut QS in the (g) External research tags for halibut applicable IFQ regulatory area (Area and sablefish. (1) Nothing contained in 2C or Area 3A) in the current calendar this part 679 shall prohibit any person year and in the calendar year prior to at any time from retaining and landing the redistribution. If no CQE held QS a Pacific halibut or sablefish that bears in the applicable IFQ regulatory area at the time of capture an external re- (Area 2C and Area 3A) in the current search tag from any state, Federal, or calendar year and in the calendar year international agency, provided that the prior to the redistribution, that RFQ halibut or sablefish is one of the fol- will not be redistributed as IFQ and lowing: (i) A Pacific halibut landed pursuant will not be available for use by any to § 300.62 of this title and to this part CQE, IFQ permit holder, or RQE in 679; or that calendar year. (ii) A sablefish landed in accordance (d) Ten-percent adjustment policy. A with the Tagged Groundfish Research person’s annual IFQ account will be ad- Program, and in compliance with all justed in the year following a deter- sablefish requirements of this part 679. mination that the person harvested or (2) Halibut and sablefish bearing an landed IFQ species in an amount is external research tag from any state, greater than the amount available in Federal, or international agency, land- the person’s annual IFQ account and if ed pursuant to paragraph (g)(1)(i) or the amount greater than the amount (g)(1)(ii) of this section, and in accord- available does not exceed 10 percent of ance with § 679.5(l), shall be excluded the amount available in the person’s from IFQ or CDQ deduction as follows: annual IFQ account at the time of (i) The fish shall not be calculated as landing. The adjustment would be a de- part of a person’s IFQ harvest of hal- duction of the amount of IFQ species ibut or sablefish and shall not be deb- harvested or landed that was deter- ited against a person’s halibut IFQ or a mined to exceed the amount available person’s sablefish IFQ; or in the person’s annual IFQ account and (ii) The fish shall not be calculated as will apply to any person to whom the part of the CDQ harvest of halibut or affected IFQ is allocated in the year sablefish and shall not be debited following the determination. against a CDQ group’s halibut CDQ or a (e) Underages. Underages of up to 10 CDQ group’s sablefish CDQ. percent of a person’s total annual IFQ (iii) The fish will not be calculated as account for a current fishing year will part of the recreational harvest of hal- be added to that person’s annual IFQ ibut and will not be debited against the account in the year following deter- RFQ permit account or the annual mination of the underage. This under- guided sport catch limit as defined in age adjustment to the annual IFQ allo- § 300.61 of this title. cation will be specific to IFQ species, (h) Properly debited landing—(1) Permit IFQ regulatory area, and vessel cat- holder’s account. Except as provided in egory for which an IFQ is calculated, paragraph (g) of this section, all IFQ and will apply to any person to whom halibut, CDQ halibut, and IFQ sablefish the affected IFQ is allocated in the catch onboard a vessel must be weighed year following determination of an un- and debited from the IFQ permit hold- derage. er’s account or CDQ halibut permit

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holder’s account under which the catch form of IFQ, to pass from one person to was harvested. another, permanently or for a fixed pe- (2) Properly debited account. A prop- riod of time. erly concluded sablefish/halibut IFQ (2) Transactions requiring IFQ per- landing receipt, crab IFQ landing re- mits to be issued in the name of a hired ceipt, or a manual IFQ landing report master employed by an individual or a which is signed by the Registered corporation are not transfers of QS or Buyer and IFQ permit holder or IFQ IFQ. hired master permit holder or CDQ (3) Any transaction involving a hired master permit holder constitutes transfer between IFQ and guided angler confirmation that the IFQ permit hold- fish (GAF), as defined in § 300.61 of this er’s or CDQ permit holder’s account is title, is governed by regulations in properly debited. § 300.65(c) of this title. (3) Source of debit. NMFS will use the (b) Transfer procedure—(1) Application following sources (see paragraphs for transfer. An Application for Trans- (h)(3)(i), (ii) and (iii) of this section) of fer of QS/IFQ (Application for Transfer) information to debit a CDQ halibut, must be approved by the Regional Ad- IFQ halibut, IFQ sablefish, or RFQ per- ministrator before a person may use mit account: IFQ to harvest IFQ halibut or IFQ sa- (i) Unprocessed landing. If offload of blefish, whether the IFQ was the result unprocessed IFQ halibut, CDQ halibut, of a direct transfer or the result of a or IFQ sablefish from a vessel, the QS transfer. An Application for Trans- scale weight (to the nearest pound) of fer will not be approved until the Re- the halibut or sablefish product actu- gional Administrator has reviewed and ally measured at the time of offload, as approved the transfer agreement signed required by § 679.5(e)(7)(i)(E)(6) to be in- by the parties to the transaction. The cluded in the IFQ Landing Report. Regional Administrator shall provide (ii) Processed landing. If offload of an Application for Transfer form to processed IFQ halibut, CDQ halibut, or any person on request. Persons who IFQ sablefish from a vessel, the scale submit an Application for Transfer to weight (to the nearest pound) of the the Regional Administrator for ap- halibut or sablefish processed product proval will receive notification of the actually measured at or before the Regional Administrator’s decision to time of offload. If the product scale approve or disapprove the Application weights are taken before the time of for Transfer, and, if applicable, the rea- offload, then the species and actual son(s) for disapproval, by mail posted product weight of each box or con- on the date of that decision, unless an- tainer must be visibly marked on the other communication mode is re- outside of each container to facilitate quested on the Application for Trans- inspection by OLE or designees. fer. (iii) Landed RFQ. All annual RFQ (2) QS or IFQ accounts. QS or IFQ ac- halibut issued to an RQE will be con- counts affected by an Application for sidered landed in the year for which it Transfer approved by the Regional Ad- is issued. ministrator will change on the date of [61 FR 31230, June 19, 1996, as amended at 61 approval. Any necessary IFQ permits FR 35579, July 5, 1996; 61 FR 41525, Aug. 9, will be sent with the notification of the 1996; 61 FR 43314, Aug. 22, 1996; 62 FR 59299, Regional Administrator’s decision. Nov. 3, 1997; 66 FR 27910, May 21, 2001; 67 FR (c) Application for Transfer approval 4133, Jan. 28, 2002; 71 FR 36492, June 27, 2006; 72 FR 44809, Aug. 9, 2007; 73 FR 76166, Dec. 15, criteria. Except as provided in para- 2008; 76 FR 40633, July 11, 2011; 77 FR 29563, graph (f) of this section, an Application May 18, 2012; 78 FR 75893, Dec. 12, 2013; 83 FR for Transfer will not be approved until 47831, Sept. 21, 2018] the Regional Administrator has deter- mined that: § 679.41 Transfer of quota shares and (1) The person applying for transfer IFQ. received the QS or IFQ to be trans- (a) General. (1) Except as provided in ferred: paragraph (a)(2) of this section, trans- (i) By initial assignment by the Re- fer of QS or IFQ means any transaction gional Administrator as provided in requiring QS, or the use thereof in the § 679.40(a); or

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(ii) By approved transfer. (iv) The CQE applying to receive QS (2) The person applying to receive the is eligible to hold QS on behalf of the QS or IFQ meets the requirements of eligible community in the halibut or eligibility in paragraph (d) of this sec- sablefish regulatory area designated tion. for that eligible community in Table 21 (3) The person applying for transfer to this part; and and the person applying to receive the (v) The CQE applying to receive QS QS or IFQ have their notarized signa- has received notification of approval of tures on the Application for Transfer. eligibility to receive QS/IFQ for that (4) There are no fines, civil penalties, community as described in paragraph or other payments due and owing, or (d)(1) of this section. outstanding permit sanctions, result- (11) If the person applying to receive ing from Federal fishery violations in- or transfer QS is an RQE, the following volving either person. determinations are required: (5) The person applying to receive the (i) The RQE applying to receive or QS or IFQ currently exists. transfer QS, has submitted the timely (6) The transfer would not cause the and complete annual report required by person applying to receive the QS or § 679.5(v); IFQ to exceed the use limits in § 679.42 (ii) The RQE applying to receive QS (e) or (f). is eligible to hold QS on behalf of the (7) The transfer would not violate the charter halibut sector in IFQ regu- provisions of paragraph (g) of this sec- latory area 2C or 3A; and tion. (iii) The RQE applying to receive QS (8)(i) The person applying to make or has received notification of approval of receive the IFQ or QS transfer has paid eligibility to receive QS on behalf of all IFQ fees that have become due as a the charter halibut sector in IFQ regu- result of an initial administrative de- latory area 2C or 3A as described in termination. paragraph (d)(1) of this section. (ii) The person applying to make or (12) The person applying to receive receive the IFQ or QS transfer who has QS assigned to vessel category B, C, or not paid all IFQ fees that are due (as D is not a corporation, partnership, as- provided under § 679.45(a)) has timely sociation, or other non-individual enti- appealed the administrative deter- ty, except as specified in paragraph mination that IFQ fees have not been (g)(3) of this section. paid in full and has submitted to NMFS (13) If the person applying to receive an amount sufficient to satisfy any dis- halibut IFQ assigned to vessel cat- puted liability pending a final agency egories B, C, or D in IFQ regulatory action. areas 4B, 4C, or 4D is a CDQ group, the (9) Other pertinent information re- following determinations are required: quested on the Application for Transfer (i) The CDQ group applying to receive has been supplied to the satisfaction of halibut IFQ for an IFQ regulatory area the Regional Administrator. receives an annual allocation of hal- (10) If the person applying to transfer ibut CDQ for that IFQ regulatory area or receive QS or IFQ is a CQE, the fol- pursuant to § 679.31(b)(1); lowing determinations are required for (ii) The QS holder applying to trans- each eligible community represented fer halibut IFQ to a CDQ group has not by that CQE: transferred any halibut IFQ assigned to (i) An individual applying to receive vessel categories B, C, or D for that IFQ from QS held by a CQE is an eligi- IFQ regulatory area to a CDQ group ble community resident of the eligible during the last two consecutive fishing community in whose name the CQE is years; holding QS; (iii) If the IFQ to be transferred to a (ii) The CQE applying to receive or CDQ group results from QS that was transfer QS, has submitted a complete transferred to the QS holder after De- annual report required by § 679.5 (t); cember 14, 2015, the QS holder applying (iii) The CQE applying to transfer QS to transfer halibut IFQ to a CDQ group has provided information on the rea- has held the underlying QS for that sons for the transfer as described in IFQ for a minimum of 3 years from the paragraph (g)(7) of this section; date NMFS approved the transfer;

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(iv) If the IFQ to be transferred to a submitting, or with, the Application CDQ group is assigned to vessel cat- for Transfer. egories B, C, or D in IFQ regulatory (4) Notification of approval. Applicants area 4B, the QS holder applying to will be notified by mail of the Regional transfer that halibut IFQ to a CDQ Administrator’s approval of an applica- group holds fewer than 76,355 halibut tion for eligibility. QS units in IFQ regulatory area 4B; (5) Notification of disapproval. The Re- and gional Administrator will notify the (v) The CDQ group applying to re- applicant if an Application for Eligi- ceive halibut IFQ has submitted a com- bility is disapproved. This notification plete report if required to do so by of disapproval will include: § 679.5(w). (i) The disapproved Application for (d) Eligibility to receive QS or IFQ by Eligibility. transfer—(1) Application for Eligibility. (ii) An explanation of why the Appli- All persons, except as provided in para- cation for Eligibility was not approved. graphs (d)(1)(i) and (d)(1)(ii) of this sec- (6) Reasons for disapproval. Reasons tion, applying to receive QS or IFQ for disapproval of an Application for must submit an Application for Eligi- Eligibility may include, but are not bility to Receive QS/IFQ (Application limited to: for Eligibility) containing accurate in- (i) Fewer than 150 days of experience formation to the Regional Adminis- working as an IFQ crew member, un- trator. The Regional Administrator less that person attests in the Applica- will not approve a transfer of IFQ or tion for Eligibility that he or she is an QS to a person until the Application eligible community resident of Adak, for Eligibility for that person is ap- AK, who will receive only halibut IFQ proved by the Regional Administrator. in regulatory area 4B or sablefish IFQ The Regional Administrator shall pro- in the regulatory area of the Aleutian vide an Application for Eligibility form Islands subarea that is derived from QS to any person on request. held by a CQE on behalf of Adak, AK. (i) An Application for Eligibility is (ii) Lack of compliance with the U.S. not required for a CQE if a complete citizenship or corporate ownership re- application to become a CQE, as de- quirements specified by the definition scribed in paragraph (l)(3) of this sec- of ‘‘person’’ at § 679.2. tion, has been approved by the Re- (iii) An incomplete Application for gional Administrator on behalf of an Eligibility. eligible community. (iv) Fines, civil penalties, or other (ii) An Application for Eligibility is payments due and owing, or out- not required for a CDQ group. standing permit sanctions, resulting (2) Type of eligibility. A person must from Federal fishery violations. indicate on the Application for Eligi- (e) Transfers of QS blocks—(1) General. bility whether the eligibility sought is A QS block must be transferred as an as: undivided whole, unless the size of the (i) An individual; or QS block exceeds the use limits speci- (ii) A corporation, partnership, or fied at § 679.42. If the QS block to be other non-individual entity. transferred exceeds the use limits spec- (3) Application filing order. A person ified at § 679.42, the Regional Adminis- may submit the Application for Eligi- trator will divide the block into two bility with the Application for Transfer blocks, one block containing the max- or file the Application for Eligibility imum amount of QS allowable under prior to submitting the Application for the QS use limits and the other block Transfer. If a person, as described in containing the residual QS. paragraph (d)(2)(ii) of this section, files (2) Sablefish. QS blocks for the same the Application for Eligibility prior to IFQ regulatory area and vessel cat- submitting the Application for Trans- egory that represent less than 5,000 lb fer, and that person’s status subse- (2.3 mt) of sablefish IFQ, based on the quently changes, as described in 1996 TAC share for fixed gear sablefish § 679.42(j), that person must resubmit in a specific IFQ regulatory area and an Application for Eligibility before the QS pool for that IFQ regulatory

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area on January 31, 1996, may be con- (vii) Subarea 4D: 26,082 QS. solidated into larger QS blocks pro- (viii) Subarea 4E: 0 QS. vided that the consolidated blocks do (f) Transfer of QS or IFQ with restric- not represent greater than 5,000 lbs (2.3 tions. If QS or IFQ must be transferred mt) of sablefish IFQ based on the pre- as a result of a court order, operation ceding criteria. A consolidated block of law, or as part of a security agree- cannot be divided and is considered a ment, but the person receiving the QS single block for purposes of use and or IFQ by transfer does not meet all of transferability. The maximum number the eligibility requirements of this sec- of QS units that may be consolidated tion, the Regional Administrator will into a single QS block in each IFQ reg- approve the Application for Transfer ulatory area is as follows: with restrictions. The Regional Admin- (i) Southeast Outside district: 33,270 istrator will not assign IFQ resulting QS. from the restricted QS to any person. (ii) West Yakutat district: 43,390 QS. IFQ with restrictions may not be used (iii) Central GOA regulatory area: for harvesting halibut or sablefish with 46,055 QS. fixed gear. The QS or IFQ will remain (iv) Western GOA regulatory area: restricted until: 48,410 QS. (1) The person who received the QS or (v) Aleutian Islands subarea: 99,210 IFQ with restrictions meets the eligi- QS. bility requirements of this section and (vi) Bering Sea subarea: 91,275 QS. the Regional Administrator approves (3) Halibut. QS blocks for the same an Application for Eligibility for that IFQ regulatory area and vessel cat- person; or egory that represent less than 3,000 lb (1.4 mt) of halibut IFQ, based on the (2) The Regional Administrator ap- 1996 catch limit for halibut in a specific proves the Application for Transfer IFQ regulatory area and the QS pool from the person who received the QS or for that IFQ regulatory area on Janu- IFQ with restrictions to a person who ary 31, 1996, may be consolidated into meets the requirements of this section. larger QS blocks provided that the con- (g) Transfer restrictions. (1) Except as solidated blocks do not represent provided in paragraph (f), paragraph greater than 3,000 lb (1.4 mt) of halibut (g)(2), paragraph (l), paragraph (n) or IFQ based on the preceding criteria. In paragraph (o) of this section, only per- Areas 2C and 3A, QS blocks for the sons who are IFQ crew members, or same IFQ regulatory area and vessel who were initially issued QS assigned category that represent less than 5,000 to vessel categories B, C, or D, and lb (2.3 mt) of halibut IFQ, based on the meet the eligibility requirements in 1996 catch limit for halibut in a specific this section, may receive by transfer IFQ regulatory area and the QS pool QS assigned to vessel categories B, C, for that IFQ regulatory area on Janu- or D, or the IFQ resulting from it. ary 31, 1996, may be consolidated into (2) Except as provided in paragraph larger QS blocks provided that the con- (g)(3) of this section, only persons who solidated blocks do not represent are IFQ crew members, and meet the greater than 5,000 lb (2.3 mt) of halibut other requirements in this section, IFQ based on the preceding criteria. A may receive by transfer QS assigned to consolidated block cannot be divided vessel categories B, C, or D, or the IFQ and is considered a single block for resulting from it, in IFQ regulatory purposes of use and transferability. area 2C for halibut or in the IFQ regu- The maximum number of QS units that latory area east of 140° W. long. for sa- may be consolidated into a single block blefish. in each IFQ regulatory area is as fol- (3) Individuals who were initially lows: issued QS assigned to vessel categories (i) Area 2C: 33,320 QS. B, C, or D may transfer that QS to a (ii) Area 3A: 46,520 QS. corporation that is solely owned by the (iii) Area 3B: 44,193 QS. same individual. Such transfers of QS (iv) Subarea 4A: 22,947 QS. assigned to vessel categories B, C, or D (v) Subarea 4B: 15,087 QS. in IFQ regulatory area 2C for halibut (vi) Subarea 4C: 30,930 QS. or in the IFQ regulatory area east of

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140° W. long. for sablefish will be gov- (v) As a result of a court order, oper- erned by the use provisions of ation of law, or as part of a security § 679.42(i); the use provisions pertaining agreement. to corporations at § 679.42(j) shall not (8) If the Regional Administrator de- apply. termines that a CQE transferred QS for (4) The Regional Administrator will purposes other than those specified in not approve an Application for Trans- paragraph (g)(7) of this section, then: fer of QS assigned to vessel categories (i) The CQE must divest itself of any B, C, or D subject to a lease or any remaining QS holdings and will not be other condition of repossession or re- eligible to receive QS by transfer for a sale by the person transferring QS, ex- period of three years after the effective cept as provided in paragraphs (h) and date of final agency action on the Re- (m) of this section, or by court order, gional Administrator’s determination; operation of law, or as part of a secu- and rity agreement. The Regional Adminis- (ii) The Regional Administrator will trator may request a copy of the sales not approve a CQE to represent the eli- contract or other terms and conditions gible community in whose name the of transfer between two persons as sup- CQE transferred quota for a period of plementary information to the transfer three years after the effective date of application. final agency action on the Regional (5) A CQE may not hold QS in halibut Administrator’s determination. IFQ regulatory area 2C that is assigned (9) For transfers of QS to an RQE, the to vessel category D. RQE may only receive halibut QS that (i) A CQE may not hold QS in halibut is assigned to IFQ regulatory area 2C IFQ regulatory area 3A that is assigned or 3A. to vessel category D on behalf of a (10) For transfers of QS from an RQE: community that is located in halibut (i) Quota category and block designa- IFQ regulatory areas 2C or 3B as listed tions at time of purchase by an RQE in Table 21 to part 679. are retained if QS is transferred to an (ii) In aggregate, CQEs may not hold eligible QS holder for use in the IFQ an amount of QS in halibut IFQ regu- program. latory area 3A that is assigned to ves- (ii) NMFS will not issue any IFQ sel category D in excess of 1,233,740 QS from any QS transferred from an RQE units. to a QS holder for use in the IFQ pro- (6) IFQ derived from QS held by a gram for a calendar year if that QS re- CQE on behalf of an eligible commu- sulted in the issuance of RFQ to an nity: RQE during that calendar year. (i) In the GOA may be used only by (11)(i) To maintain eligibility as the an eligible community resident of that RQE authorized by NMFS, the RQE community. must be a non-profit entity incor- (ii) In the Aleutian Islands subarea porated under the laws of the State of may be used by any person who has re- Alaska and recognized as exempt from ceived an approved Application for Eli- Federal income tax by the Internal gibility as described in paragraph (d) of Revenue Service as required by para- this section prior to March 17, 2019 and graph (n)(1)(ii) of this section. only by an eligible community resident (ii) If the Regional Administrator de- of Adak, AK, after March 17, 2019. termines the RQE approved by NMFS (7) A CQE may transfer QS: does not meet the requirements speci- (i) To generate revenues to provide fied in paragraph (n)(1) of this section, funds to meet administrative costs for NMFS will notify the RQE of the Re- managing the community QS holdings; gional Administrator’s determination (ii) To generate revenue to improve and specify that the RQE has 60 days to the ability of residents within the com- meet the requirements in paragraph munity to participate in the halibut (n)(1) of this section to maintain eligi- and sablefish IFQ fisheries; bility as the RQE authorized by NMFS. (iii) To generate revenue to purchase (iii) If the RQE demonstrates to QS to yield IFQ for use by community NMFS within 60 days of notification residents; that it meets the requirements in para- (iv) To dissolve the CQE; or graph (n)(1) of this section, NMFS will

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notify the RQE that it remains the au- Program, as provided in paragraph (j) thorized RQE. of this section. (iv) If the RQE does not demonstrate (j) Compensation for CDQ allocations. to NMFS within 60 days of notification (1) The Regional Administrator will that it meets the requirements in para- compensate persons that receive a re- graph (n)(1) of this section, NMFS will duced halibut QS in IPHC regulatory issue an initial administrative deter- areas 4B, 4C, 4D, or 4E because of the mination (IAD): halibut CDQ program by adding halibut (A) Revoking authorization of the QS from IPHC regulatory areas 2C, 3A, RQE; 3B, and 4A. This compensation of hal- (B) Disallowing the RQE from receiv- ibut QS from areas 2C, 3A, 3B, and 4A ing any QS by transfer; will be allocated in proportion to the (C) Requiring the CQE to divest of amount of halibut QS foregone due to any QS that it holds; and the CDQ allocation authorized by this (D) Withholding the issuance of RFQ section. based on any QS that the RQE holds. (2) The Regional Administrator will (v) The RQE will have the oppor- compensate persons that receive a re- tunity to appeal the IAD through the duced sablefish QS in any BSAI IFQ National Appeals Office under the pro- regulatory area because of the sable- visions established at 15 CFR part 906. fish CDQ program by taking sablefish (h) Transfer of IFQ. (1) Pursuant to QS from the IFQ regulatory areas of paragraph (a) of this section, an Appli- the GOA and allocating it in propor- cation for Transfer must be approved tion to the loss suffered by persons in by the Regional Administrator before a the BSAI area. Such additional com- person may use any IFQ that results pensation of sablefish QS will be allo- from a direct transfer to harvest hal- cated in proportion to the amount of ibut or sablefish. After approving the sablefish QS foregone due to the CDQ Application for Transfer, the Regional allocation authorized by this section. Administrator will change any IFQ ac- (3) Persons initially issued QS for counts affected by the approved trans- IFQ regulatory areas in which a por- fer and issue all necessary IFQ permits. tion of the TAC is allocated to the CDQ (2) IFQ resulting from categories B, Program will be compensated for hal- C, or D QS may not be transferred sep- ibut and sablefish harvest privileges arately from its originating QS, except foregone due to the CDQ Program. If a as provided in paragraph (d), paragraph person does not hold QS in an IFQ reg- (f), paragraph (k), paragraph (l), para- ulatory area on the date the compensa- graph (m), or paragraph (o) of this sec- tion is issued, that person’s compensa- tion. tion will be issued as unblocked. If a (i) Transfer across catcher vessel cat- person does hold QS in an IFQ regu- egories—(1) CDQ compensation. Persons latory area on the date compensation issued CDQ compensation QS in a is issued, that person’s compensation catcher vessel category, pursuant to will be added to their existing QS in § 679.41(j), and in an IFQ regulatory that IFQ regulatory area. The result- area in which they do not hold QS ing QS amount will be blocked or other than CDQ compensation QS, may unblocked according to the criteria use that CDQ compensation QS on any found at § 679.40(a). Compensation will catcher vessel. This exemption from be calculated for each non-CDQ area catcher vessel categories ends upon the using the following formula: first transfer of the CDQ compensation × × ¥ QS. CDQ compensation QS being trans- QN = (QC QSPN RATE)/(SUMCDQ × ¥ × ferred will be permanently assigned to [RATE SUMTAC]) ([1 RATE] × ¥ a specific catcher vessel category as TACAVE)(QSPC [CDQ PCT RATE]) designated by the person receiving the Where: transfer. QN = quota share in non-CDQ area (2) CDQ compensation QS definition. Q = quota share in CDQ area For purposes of this paragraph (i), CDQ C QSPN = quota share pool in non-CDQ area (as compensation QS is QS issued as com- existing on January 31, 1995)

pensation for halibut and sablefish har- RATE = SUMCDQ/average of the TAC (1988– vest privileges foregone due to the CDQ 1994) for all CDQ and non-CDQ areas

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TACAVE = average of the TAC (1988–1994) for trator, NMFS, P.O. Box 21668, Juneau, CDQ area AK 99802. The Regional Administrator QSPC = quota share pool in CDQ area (as ex- will provide a copy of the complete ap- isting on January 31, 1995) CDQ = CDQ percentage for CDQ area plication to the Alaska Department of PCT Community and Economic Develop- SUMCDQ = sum [TACAVE × CDQPCT] SUMTAC = sum [TACAVE] ment, Commissioner, P.O. Box 110809, Juneau, AK 99811–0809. NMFS will con- (k) Survivorship transfer privileges—(1) sider comments received from the On the death of an individual who holds QS or IFQ, the surviving spouse Alaska Department of Community and or, in the absence of a surviving Economic Development when review- spouse, a beneficiary designated pursu- ing applications for a non-profit entity ant to paragraph (k)(2) of this section, to become a CQE. The Alaska Depart- receives all QS and IFQ held by the de- ment of Community and Economic De- cedent by right of survivorship, unless velopment must submit comments on a contrary intent was expressed by the an application to the Regional Admin- decedent in a will. The Regional Ad- istrator, NMFS, P.O. Box 21668, Ju- ministrator will approve an Applica- neau, AK 99802, within 30 days of re- tion for Transfer to the surviving ceipt of the application in order for spouse or designated beneficiary when those comments to be considered by sufficient evidence has been provided the Regional Administrator during the to verify the death of the individual. approval process. If an application is (2) QS holders may provide the Re- disapproved, than that determination gional Administrator with the name of may be appealed under the provisions a designated beneficiary from the QS established at 15 CFR part 906. A com- holder’s immediate family to receive plete application to become a CQE con- survivorship transfer privileges in the sists of: event of the QS holder’s death and in (i) The articles of incorporation the absence of a surviving spouse. under the laws of the State of Alaska (3) The Regional Administrator will for that non-profit entity, except that approve, for 3 calendar years following a non-profit entity that is representing the date of death of an individual, an the Metlakatla Indian Village may pro- Application for Transfer of IFQ from vide articles of incorporation under the surviving spouse or, in the absence Federal Law; of a surviving spouse, from a bene- (ii) A statement indicating the eligi- ficiary from the QS holder’s immediate ble community, or communities, rep- family designated pursuant to para- resented by that non-profit entity for graph (k)(2) of this section to a person purposes of holding QS; eligible to receive IFQ under the provi- (iii) Management organization infor- sions of this section, notwithstanding mation, including: the limitations on transfers of IFQ in paragraph (h)(2) of this section. (A) The bylaws of the non-profit enti- (l) Transfer of QS to CQEs. (1) Each el- ty; igible community must designate a (B) A list of key personnel of the CQE to transfer and hold QS on behalf managing organization including, but of that community. not limited to, the board of directors, (2) Each eligible community may des- officers, representatives, and any man- ignate only one CQE to hold QS on be- agers; half of that community at any one (C) A description of how the non-prof- time. it entity is qualified to manage QS on (3) Prior to initially receiving QS by behalf of the eligible community, or transfer on behalf of a specific eligible communities, it is designated to rep- community, a non-profit entity that resent, and a demonstration that the intends to represent that eligible com- non-profit entity has the management, munity as a CQE must have approval technical expertise, and ability to from the Regional Administrator. To manage QS and IFQ; and receive that approval, the non-profit (D) The name of the non-profit orga- entity seeking to become a CQE must nization, taxpayer ID number, NMFS submit a complete application to be- person number, permanent business come a CQE to the Regional Adminis- mailing addresses, name of contact

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persons and additional contact infor- homeowner association, community mation of the managing personnel for council, or other non-profit entity; and the non-profit entity, resumes of man- (2) Have an established relationship agement personnel, name of commu- with the State of Alaska Department nity or communities represented by of Community and Economic Develop- the CQE, name of contact for the gov- ment for purposes of representing that erning body of each community rep- community for governmental func- resented, date, name and notarized sig- tions. nature of applicant, Notary Public sig- (D) If an eligible community is not nature and date when commission ex- incorporated as a first or second class pires. city in the State of Alaska, is not rep- (iv) A statement describing the pro- resented by a tribal government au- cedures that will be used to determine thority recognized by the Secretary of the distribution of IFQ to eligible com- the Interior, and does not have a non- munity residents and non-residents of profit community association, home- the community represented by that owner association, community council, CQE, including: or other non-profit entity within that (A) Procedures used to solicit re- community with an established rela- quests from eligible community resi- tionship with the Alaska Department dents and non-residents to lease IFQ; of Community and Economic Develop- and ment for purposes of representing that (B) Criteria used to determine the community for purposes of govern- distribution of IFQ leases among quali- mental functions, then the Regional fied community residents and non-resi- Administrator, NMFS, will not con- dents and the relative weighting of sider any statement from a non-profit those criteria. entity representing that community (v) A statement of support from the until that community: governing body of the eligible commu- (1) Is incorporated as a first or second nity as that governing body is identi- class city in the State of Alaska; fied in Table 21 to this part. That (2) Establishes a tribal government statement of support is: authority recognized by the Secretary (A) A resolution from the City Coun- of the Interior; or cil or other official governing body for (3) Establishes a non-profit commu- those eligible communities incor- porated as first or second class cities in nity association, homeowner associa- the State of Alaska; tion, community council, or other non- profit entity within that community (B) A resolution from the tribal gov- that meets the requirements estab- ernment authority recognized by the Bureau of Indian Affairs for those eligi- lished in paragraph (E) of this section. ble communities that are not incor- (E) If a community described under porated as first or second class cities in paragraph (l)(3)(v)(D) of this section es- the State of Alaska; but are rep- tablishes a non-profit community asso- resented by a tribal government au- ciation, homeowner association, com- thority recognized by the Secretary of munity council, or other non-profit en- the Interior; or tity within that community, then the (C) A resolution from a non-profit Regional Administrator, NMFS, will community association, homeowner as- consider any recommendations from sociation, community council, or other this entity to support a particular ap- non-profit entity for those eligible plicant after reviewing: communities that are not incorporated (1) Petitions from residents affirming as first or second class cities in the that the non-profit community associa- State of Alaska, and is not represented tion, homeowner association, commu- by a tribal government authority rec- nity council, or other non-profit entity ognized by the Bureau of Indian Af- within that community represents the fairs. The non-profit entity that pro- residents within that community; and vides a statement of support must: (2) Comments from the State of Alas- (1) Have articles of incorporation as a ka Department of Community and Eco- non-profit community association, nomic Development on the articles of

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incorporation for that non-profit enti- 101(d)(1), be under a call to active serv- ty and the ability of that non-profit en- ice authorized by the President or the tity to adequately represent the inter- Secretary for a period of more than 30 ests of that community for purposes of consecutive days under 32 U.S.C. 502(f), governmental functions. or in the case of a member of a reserve (3) If the Regional Administrator de- component, have been ordered to re- termines that this statement of sup- port for military service beginning on port is not adequate, than that deter- the date of the member’s receipt of the mination may be appealed under the order and ending on the date on which provisions established at 15 CFR part the member reports for active duty 906. military service. (4) The governing body of an eligible (3) Application. A QS holder may community as that governing body is apply for a temporary military transfer identified in Table 21 to this part, must by submitting a temporary military provide authorization for any transfer transfer application to the Alaska Re- of QS by the CQE that holds QS on be- gion, NMFS. NMFS will transfer, upon half of that eligible community prior approval of the application, the appli- to that transfer of QS being approved cable IFQ from the applicant (trans- by NMFS. This authorization must be feror) to the recipient (transferee). A submitted as part of the Application temporary military transfer applica- for Transfer. That authorization con- tion is available at http:// sists of a signature on the Application alaskafisheries.noaa.gov or by calling 1– for Transfer by a representative of the 800–304–4846. A complete application governing body that has been des- must include all of the following: ignated by that governing body to pro- (i) The transferor’s identity including vide such authorization to approve the his or her full name, NMFS person ID, transfer of QS. date of birth, permanent business mail- (m) Temporary military transfers. In ing address, business telephone and fax the event of a military mobilization or numbers, and e-mail address (if any). A order to report for military service af- temporary mailing address may be pro- fecting a QS holder that prevents him vided, if appropriate. or her from being able to participate in (ii) The transferee’s identity includ- the halibut or sablefish IFQ fisheries, ing his or her full name, NMFS person the Regional Administrator may ap- ID, date of birth, permanent business prove a temporary military transfer for mailing address, business telephone the IFQ derived from the QS held by a and fax numbers, and e-mail address (if QS holder affected by the military mo- any). A temporary mailing address bilization. may be provided, if appropriate. (1) General. A temporary military (iii) The identification characteris- transfer will be approved if the QS tics of the IFQ including whether the holder demonstrates that he or she is transfer is for halibut or sablefish IFQ, unable to participate in the IFQ fishery IFQ regulatory area, number of units, for which he or she holds QS because of range of QS serial numbers for IFQ to a military mobilization, order to report be transferred, actual number of IFQ for military service, or active duty pounds, transferor (seller) IFQ permit military service. number, and fishing year. (2) Eligibility. To be eligible to receive (iv) Documentation of active mili- a temporary military transfer, a QS tary mobilization or deployment. This holder must meet all of the following documentation must include the fol- requirements: lowing: (i) Be a member of a branch of the (A) A copy of official documentation National Guard or a member of a re- such as valid military orders or call serve component; that direct the transferor to report to (ii) Possess one or more catcher ves- active duty military service, to mobi- sel IFQ permits; lize for a military deployment, or to re- (iii) Not qualify for a hired master port to active service. exception under § 679.42(i)(1); (B) A concise description of the na- (iv) Be in active duty military serv- ture of the military deployment or ac- ice as that term is defined at 10 U.S.C. tive duty military service, including

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verification that the applicant is un- (2) Application for Eligibility. Prior to able to participate in the IFQ fishery initially receiving QS by transfer, a for which he or she holds IFQ permits non-profit entity that intends to par- during the IFQ season because of his/ ticipate in the Halibut IFQ Program her active duty military service. and purchase and hold halibut QS in (v) The signatures and printed names Area 2C and Area 3A as the RQE must of the transferor and transferee, and have approval from the Regional Ad- date. ministrator. To receive that approval, (vi) The signature, seal, and commis- the non-profit entity seeking to be- sion expiration of a notary public. come an RQE must submit a complete (4) Restrictions. (i) A temporary mili- ‘‘Application for a Non-profit Entity to tary transfer shall be valid only during be Designated as a Recreational Quota the calendar year for which the associ- Entity (RQE)’’ (available on the NMFS ated IFQ is issued. Alaska Region website at https:// (ii) A temporary military transfer alaskafisheries.noaa.gov/). NMFS will will be issued only for the IFQ derived approve only one entity as the RQE. A from the QS held by the applicant. complete application to become an (5) Temporary military transfer evalua- tions and appeals—(i) Initial evaluation. RQE must include: The Regional Administrator will evalu- (i) The articles of incorporation ate an application for a temporary under the laws of the State of Alaska military transfer submitted in accord- for that non-profit entity; ance with paragraphs (c)(1) through (ii) Acknowledgement from the Inter- (c)(9) of this section. An applicant who nal Revenue Service that the non-prof- fails to submit the information speci- it entity is exempt from Federal in- fied in the application for a temporary come tax under section 501(a) of the In- military transfer will be provided a ternal Revenue Code; and reasonable opportunity to submit the (iii) Management organization infor- specified information or submit a re- mation, including: vised application. (A) The bylaws of the non-profit enti- (ii) Initial administrative determination ty; (IAD). The Regional Administrator will (B) A list of key personnel of the prepare and send an IAD to the appli- managing organization including, but cant if the Regional Administrator de- not limited to, the RQE board of direc- termines that the application provided tors, officers, representatives, and any by the applicant is deficient or if the managers; applicant fails to submit the specified (C) A description of how the non-prof- information or a revised application. it entity is qualified to manage QS on The IAD will indicate the deficiencies behalf of charter fishery participants in the application, including any defi- and a demonstration that the non-prof- ciencies with the information on the it entity has the management, tech- revised application. An applicant who nical expertise, and ability to manage receives an IAD may appeal under the QS and RFQ; appeals procedures set out at 15 CFR part 906. (D) The name of the non-profit orga- (n) Transfer of halibut QS to an RQE— nization, taxpayer ID number, NMFS (1) RQE organizational structure. (i) The person number, permanent business RQE must be a single entity rep- mailing addresses, name of contact resenting IFQ regulatory Areas 2C and persons and additional contact infor- 3A. mation of the managing personnel for (ii) The RQE must be a non-profit en- the non-profit entity, resumes of man- tity incorporated under the laws of the agement personnel, name and notarized State of Alaska and recognized as ex- signature of applicant, and Notary empt from Federal income tax by the Public signature and date when com- Internal Revenue Service; and mission expires; and (iii) The RQE must submit an annual (iv) A statement describing the pro- report to NMFS and the Council detail- cedures that will be used to determine ing RQE activities during the prior the acquisition of funds to purchase year according to § 679.5(v). QS.

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(3) Address for submittal of application. (i) All or part of the QS and IFQ spec- Regional Administrator, NMFS, P.O. ified for regulatory area 4C may be har- Box 21668, Juneau, AK 99802. vested in either Area 4C or Area 4D. (4) Approval. NMFS will approve the (ii) All or part of the halibut CDQ first complete application received. If specified for regulatory area 4D may be an application is approved, NMFS will harvested in either Area 4D or Area 4E. notify the RQE by mail, unless another (iii) If a CDQ group is authorized to mode of communication is requested receive a transfer of halibut IFQ as- on the application. signed to vessel categories B, C, or D in (5) Disapproval. If an application is IFQ regulatory area 4D as specified in disapproved, that determination may § 679.41(o) of this part, all or part of the be appealed under the provisions estab- halibut IFQ specified for regulatory lished at 15 CFR part 906. area 4D that is held by or transferred (o) Transfer of IFQ to CDQ groups. (1) to a CDQ group may be harvested in ei- A QS holder who holds fewer than ther Area 4D or Area 4E. 76,355 units of halibut QS in IFQ regu- (2) The QS or IFQ assigned to one latory area 4B may transfer halibut vessel category must not be used to IFQ assigned to vessel categories B, C, harvest IFQ species on a vessel of a dif- or D in IFQ regulatory area 4B to a ferent vessel category, except: CDQ group that receives an allocation (i) As provided in § 679.41(i)(1) of this of IFQ regulatory area 4B halibut CDQ part (CDQ compensation QS exemp- if the annual commercial halibut catch tion); limit, as defined in § 300.61 of this title, (ii) IFQ derived from QS held by a for Area 4B is less than 1 million CQE may be used to harvest IFQ spe- pounds in that calendar year. cies from a vessel of any length, with (2) A QS holder in IFQ regulatory the exception of IFQ derived from QS areas 4C or 4D may transfer halibut in IFQ regulatory areas 3A and 4B that IFQ assigned to vessel categories B, C, are assigned to vessel category D. or D in IFQ regulatory areas 4C or 4D (iii) In IFQ regulatory areas 3B, 4B, to a CDQ group that receives an alloca- and 4C, category D QS and associated tion of halibut CDQ in that IFQ regu- IFQ authorizes an IFQ permit holder to latory area if the annual commercial harvest IFQ halibut on a vessel less halibut catch limit, as defined in than or equal to 60 ft (18.3 m) LOA. § 300.61 of this title, for Area 4CDE is (iv) Halibut IFQ assigned to vessel less than 1.5 million pounds in that cal- category B, C, or D held by a CDQ endar year. group may not be used on a vessel over (3) A QS holder must meet the re- 51 feet LOA, irrespective of the vessel quirements in paragraph (c)(13) of this category assigned to the IFQ. section to transfer halibut IFQ as- (v) In IFQ regulatory areas 2C and signed to vessel categories B, C, or D in 3A, RFQ held by an RQE may be har- IFQ regulatory areas 4B, 4C, or 4D to a vested aboard charter vessels as de- CDQ group. fined at 50 CFR 300.61 of any size, re- (4) A CDQ group that receives halibut gardless of the QS category from which IFQ by transfer may not transfer that that RFQ originated. halibut IFQ to any other person. (b) Gear—(1) IFQ Fisheries. Authorized [61 FR 31230, June 19, 1996] fishing gear to harvest IFQ halibut and IFQ sablefish is defined in § 679.2. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 679.41, see the List of CFR (i) IFQ halibut. IFQ halibut must not Sections Affected, which appears in the be harvested with trawl gear in any Finding Aids section of the printed volume IFQ regulatory area, or with pot gear and at www.govinfo.gov. in any IFQ regulatory area in the BSAI. § 679.42 Limitations on use of QS and (ii) IFQ sablefish. IFQ sablefish must IFQ. not be harvested with trawl gear in any (a) IFQ regulatory area and vessel cat- IFQ regulatory area, or with pot-and- egory. (1) The QS or IFQ specified for line gear in the GOA. A vessel operator one IFQ regulatory area must not be using longline pot gear in the GOA to used in a different IFQ regulatory area, fish for IFQ sablefish must comply except for the following: with the GOA sablefish longline pot

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gear requirements in paragraph (l) of member that requires the QS holder’s this section. full time attendance. (2) Seabird avoidance gear and methods. (ii) Eligibility. To be eligible to re- The operator of a vessel using hook- ceive a medical transfer, a QS holder and-line gear authorized at § 679.2 while must: fishing for IFQ halibut, CDQ halibut, or (A) Possess one or more catcher ves- IFQ sablefish must comply with re- sel IFQ permits; and quirements for seabird avoidance gear (B) Not qualify for a hired master ex- and methods set forth at § 679.24(e). ception under paragraph (i)(1) of this (c) Permit holder aboard requirement. section. Any individual who harvests halibut or (iii) Application. A QS holder may sablefish with fixed gear must have a apply for a medical transfer by submit- valid IFQ permit, and if a hired master ting a medical transfer application to is conducting the harvest, a valid IFQ the Alaska Region, NMFS. A QS holder hired master permit, and must be who has received an approved medical aboard the vessel at all times during transfer from RAM may transfer the the fishing trip and be present during IFQ derived from his or her own QS to the landing. an individual eligible to receive IFQ. A (d) Emergency waivers and medical medical transfer application is avail- transfers. The person authorized to fish able at http://alaskafisheries.noaa.gov or IFQ halibut or sablefish must be by calling 1–800–304–4846. Completed ap- aboard the vessel during fishing oper- plications must be mailed to: Re- ations and must sign the IFQ landing stricted Access Management Program, report except as provided in § 679.41 and NMFS, Alaska Region, P.O. Box 21668, under the following circumstances: Juneau, AK 99802–1668. A complete ap- (1) Emergency waiver. In the event of plication must include: extreme personal emergency during a (A) The applicant’s (transferor’s) fishing trip involving a person author- identity including his or her full name, ized to fish IFQ halibut or sablefish, NMFS person ID, date of birth, Social the requirements or paragraph (c)(1) of Security Number or Tax ID, permanent this section may be waived. The business mailing address, business tele- waiving of these requirements under phone and fax numbers, and e-mail ad- this provision shall apply to IFQ hal- dress (if any). A temporary mailing ad- ibut or IFQ sablefish retained on the dress may be provided, if appropriate; fishing trip during which the emer- (B) The recipient’s (transferee’s) gency occurred. identity including his or her full name, (2) Medical transfers. In the event of a NMFS person ID, date of birth, Social medical condition affecting a QS hold- Security Number or Tax ID, permanent er or an immediate family member of a business mailing address, business tele- QS holder that prevents the QS holder phone and fax numbers, and e-mail ad- from being able to participate in the dress (if any). A temporary mailing ad- halibut or sablefish IFQ fisheries, a dress may be provided, if appropriate; medical transfer may be approved for (C) The identification characteristics the IFQ derived from the QS held by of the IFQ including whether the trans- the person affected by the medical con- fer is for halibut or sablefish IFQ, IFQ dition. regulatory area, number of units, range (i) General. A medical transfer will be of serial numbers for IFQ to be trans- approved if the QS holder demonstrates ferred, actual number of IFQ pounds, that: transferor (seller) IFQ permit number, (A) He or she is unable to participate and fishing year; in the IFQ fishery for which he or she (D) The price per pound (including holds QS because of a medical condi- leases) and total amount paid for the tion that precludes participation by IFQ in the requested transaction, in- the QS holder; or cluding all fees; (B) He or she is unable to participate (E) The primary source of financing in the IFQ fishery for which he or she for the transfer, how the IFQ was lo- holds QS because of a medical condi- cated, and the transferee’s (buyer’s) re- tion involving an immediate family lationship to the transferor (seller);

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(F) A written declaration from a li- (B) Initial administrative determina- censed medical doctor, advanced nurse tions (IAD). The Regional Adminis- practitioner, or primary community trator will prepare and send an IAD to health aide as those persons are defined the applicant if the Regional Adminis- in § 679.2. The declaration must include: trator determines that the application (1) The identity of the licensed med- provided by the applicant is deficient ical doctor, advanced nurse practi- or if the applicant fails to submit the tioner, or primary community health specified information or a revised ap- aide including his or her full name, plication. The IAD will indicate the de- business telephone, permanent business ficiencies in the application, including mailing address (number and street, any deficiencies with the information city and state, zip code), and whether on the revised application. An appli- the individual is a licensed medical cant who receives an IAD may appeal doctor, advanced nurse practitioner, or under the appeals procedures set out at primary community health aide; § 679.43. (2) A concise description of the med- (e) Sablefish QS Use. (1) No person ical condition affecting the applicant other than a CQE representing the or applicant’s family member including community of Adak, AK, individually verification that the applicant is un- or collectively, may use more than able to participate in the IFQ fishery 3,229,721 units of sablefish QS, except if for which he or she holds IFQ permits the amount of a person’s initial alloca- during the IFQ season because of the tion of sablefish QS is greater than medical condition and, for an affected 3,229,721 units, in which case that per- family member, a description of the son may not use more than the amount care required; and of the initial allocation. (3) The dated signature of the li- (2) In the IFQ regulatory area east of censed medical doctor, advanced nurse 140° W. long., no person, individually or practitioner, or primary community collectively, may use more than 688,485 health aide who conducted the medical units of sablefish QS for this area, ex- examination; cept if the amount of a person’s initial (G) The signatures and printed names allocation of sablefish QS is greater of the transferor and transferee, and than 688,485 units, in which case that date; and person may not use more than the (H) The signature, seal, and commis- amount of the initial allocation. sion expiration of a notary public. (3) No CQE may hold sablefish QS in (iv) Restrictions. (A) A medical trans- the IFQ regulatory area of the Bering fer shall be valid only during the cal- Sea subarea. endar year for which the permit is (4) No CQE may hold more than: issued; (B) A medical transfer will be issued (i) 3,229,721 units of sablefish QS on only for the IFQ derived from the QS behalf of any single eligible commu- held by the applicant; nity in the GOA; or (C) NMFS will not approve a medical (ii) 4,789,874 units of sablefish QS on transfer if the applicant has received a behalf of any single eligible commu- medical transfer in any 2 of the pre- nity in the Aleutian Islands subarea. vious 5 years for the same medical con- (5) In the IFQ regulatory area east of dition. 140° W. long., no CQE may hold more (v) Medical transfer evaluations and than 688,485 units of sablefish QS for appeals—(A) Initial evaluation. The Re- this area on behalf of any single eligi- gional Administrator will evaluate an ble community. application for a medical transfer sub- (6) In the aggregate, all CQEs are mitted in accordance with paragraphs limited to holding a maximum of: (d)(2)(iii) and (d)(2)(iv) of this section. (i) 21 percent of the total QS in each An applicant who fails to submit the regulatory area specified in information specified in the applica- § 679.41(e)(2)(i) through (e)(2)(iv) of this tion for a medical transfer will be pro- part for sablefish. vided a reasonable opportunity to sub- (ii) 15 percent of the total QS speci- mit the specified information or sub- fied in § 679.41(e)(2)(v) of this part for mit a revised application. sablefish.

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(7) No individual that receives IFQ (4) A CQE representing an eligible derived from sablefish QS held by a community may receive by transfer or CQE may hold, individually or collec- use QS only in the IFQ regulatory tively, more than 50,000 lb (22.7 mt) of areas designated for that species and IFQ sablefish derived from any sable- for that eligible community as de- fish QS source. scribed in Table 21 to this part. (8) A CQE receiving category B or C (5) In the aggregate, all CQEs are sablefish QS through transfer and rep- limited to holding a maximum of: resenting an eligible community: (i) 21 percent of the total QS in each (i) In the GOA may lease the IFQ re- regulatory area specified in sulting from that QS only to an eligi- § 679.41(e)(3)(i) through (e)(3)(iii) of this ble community resident of the eligible part for halibut. community on whose behalf the QS is (ii) 15 percent of the total QS speci- held; and fied in § 679.41(e)(3)(v) of this part for (ii) In the Aleutian Islands subarea halibut. may lease the IFQ resulting from that QS to any person who has received an (6) No individual that receives IFQ approved Application for Eligibility as derived from halibut QS held by a CQE, described in paragraph (d) of this sec- including GAF as defined in § 300.61 of tion prior to March 17, 2019 and only to this title, may hold, individually or an eligible community resident of collectively, more than 50,000 pounds Adak, AK, after March 17, 2019. (22.7 mt) of IFQ halibut, including IFQ (9) A CQE representing an eligible halibut received as GAF, derived from community in the Aleutian Islands any halibut QS source. subarea may receive by transfer or use (7) A CQE receiving category B, C, or sablefish QS only in the Aleutian Is- D halibut QS through transfer: lands subarea. (i) In an IFQ regulatory area speci- (f) Halibut QS use. (1) Unless the fied in § 679.41(e)(3)(i) through (e)(3)(iii) amount in excess of the following lim- of this part may lease the IFQ result- its was received in the initial alloca- ing from that QS only to an eligible tion of halibut QS, no person other community resident of the eligible than a CQE representing the commu- community represented by the CQE. nity of Adak, AK, individually or col- (ii) In IFQ regulatory area 4B may lectively, or an RQE, may use more lease the IFQ resulting from that QS to than: any person who has received an ap- (i) IFQ regulatory Area 2C. 599,799 proved Application for Eligibility as units of halibut QS, including halibut described in paragraph (d) of this sec- QS issued as IFQ and transferred to tion prior to March 17, 2019 and only to GAF, as defined in § 300.61 of this title. an eligible community resident of (ii) IFQ regulatory area 2C, 3A, and 3B. Adak, AK, after March 17, 2019. 1,502,823 units of halibut QS, including (8)(i) Annual transfer limits. The RQE halibut QS issued as IFQ and trans- ferred to GAF, as defined in § 300.61 of may not receive by transfer more than this title. 594,774 units of Area 2C halibut QS and (iii) IFQ regulatory area 4A, 4B, 4C, more than 2,218,716 units of Area 3A 4D, and 4E. 495,044 units of halibut QS. halibut QS in a year. (2) No CQE may receive an amount of (ii) Cumulative use limits. The RQE halibut QS on behalf of any single eli- may not hold more than 5,947,740 units gible community which is more than: of Area 2C halibut QS and more than (i) IFQ regulatory area 2C. 599,799 22,187,161 units of Area 3A halibut QS. units of halibut QS. (iii) Vessel category restrictions. (A) (ii) IFQ regulatory area 2C, 3A, and 3B. The RQE may not hold more than 1,502,823 units of halibut QS. 889,548 units of halibut QS in IFQ regu- (iii) IFQ regulatory area 4B. 1,392,716 latory area 2C that is assigned to ves- units of halibut QS. sel category D. (3) No CQE may hold halibut QS in (B) The RQE may not hold halibut the IFQ regulatory areas 4A, 4C, 4D, QS in IFQ regulatory area 3A that is and 4E. assigned to vessel category D.

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(C) The RQE may not hold more than received QS by initial assignment or 265,524 units of halibut QS that is as- approved transfer. signed to vessel category B in IFQ reg- (h) Vessel limitations—(1) Halibut. No ulatory area 2C. vessel may be used, during any fishing (g) Limitations on QS blocks—(1) Num- year, to harvest more IFQ halibut than ber of blocks per species. No person, indi- one-half percent of the combined total vidually or collectively, may hold more catch limits of halibut for IFQ regu- than two blocks of sablefish or three latory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, blocks of halibut in any IFQ regulatory and 4E, except that: area, except: (i) In IFQ regulatory area 2C, no ves- (i) A person, individually or collec- sel may be used to harvest more than 1 tively, who holds unblocked QS for a percent of the halibut catch limit for species in an IFQ regulatory area, may this area. hold only one QS block for that species (ii) No vessel may be used, during in that regulatory area; and any fishing year, to harvest more than (ii) A CQE may hold no more than 50,000 lb (22.7 mt) of IFQ halibut de- ten blocks of halibut QS in any IFQ rived from QS held by a CQE, and no regulatory area and no more than five vessel used to harvest IFQ halibut de- blocks of sablefish QS in any IFQ regu- rived from QS held by a CQE may be latory area on behalf of any eligible used to harvest more IFQ halibut than community. the vessel use caps specified in para- (iii) The RQE may not receive: graphs (h)(1) introductory text and (h)(1)(i) of this section. (A) Transfers of halibut QS blocks of (2) Sablefish. No vessel may be used, less than or equal to 24,250 quota share during any fishing year, to harvest units in IFQ regulatory area 2C. more IFQ sablefish than one percent of (B) Transfers of halibut QS blocks of the combined fixed gear TAC of sable- less than or equal to 35,620 quota share fish for the GOA and BSAI IFQ regu- units in IFQ regulatory area 3A. latory areas, except that: (2) Action by the Regional Adminis- (i) In the IFQ regulatory area east of trator in Areas 3B and 4A. In Areas 3B 140 degrees W. long., no vessel may be and 4A, the Regional Administrator used to harvest more than 1 percent of shall: the fixed gear TAC of sablefish for this (i) Identify any halibut blocks that area. result in an allocation of more than (ii) No vessel may be used, during 20,000 lb (9.1) mt of halibut IFQ, based any fishing year, to harvest more than on the 2004 TAC for fixed gear halibut 50,000 lb (22.7 mt) of IFQ sablefish de- in those areas and the QS pools for rived from QS held by a CQE, and no those areas as of January 31, 2004; and vessel used to harvest IFQ sablefish de- (ii) Divide those halibut blocks into rived from QS and held by a CQE may one block of 20,000 lb (9.1 mt) and the be used to harvest more IFQ sablefish remainder unblocked, based on the 2004 than the vessel use caps specified in TAC for fixed gear halibut in those paragraphs (h)(2) introductory text and areas and the QS pools for those areas (h)(2)(i) of this section. as of January 31, 2004. (3) Excess. An IFQ permit holder who (3) Transfer of QS blocks. Notwith- receives an approved IFQ allocation of standing paragraph (g)(1)(i) of this sec- halibut or sablefish in excess of these tion, a person who holds more than one limitations may nevertheless catch and block of halibut QS and unblocked hal- retain all that IFQ with a single vessel. ibut QS as a result of the Regional Ad- However, two or more IFQ permit hold- ministrator’s action under paragraph ers may not catch and retain their (g)(2) of this section may transfer IFQs with one vessel in excess of these unblocked QS until such time as that limitations. person transfers a halibut QS block to (4) Liability. Owners and operators of another person. vessels exceeding these limitations are (4) Holding or to hold blocks of QS. jointly and severally liable with IFQ For purposes of this section, ‘‘holding’’ permit holders and IFQ hired master or ‘‘to hold’’ blocks of QS means being permit holders whose harvesting causes registered by NMFS as the person who the vessel to exceed these limitations.

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(i) Use of IFQ resulting from QS as- tion for a hired master submitted in signed to vessel category B, C, or D by in- accordance with paragraphs (i)(1), dividuals. In addition to the require- (i)(6), and (i)(7) of this section if the ments of paragraph (c) of this section, Regional Administrator determines IFQ permits issued for IFQ resulting that the information required to be from QS assigned to vessel category B, submitted to NMFS is deficient or if C, or D must be used only by the indi- the applicant fails to submit the re- vidual who holds the QS from which quired information. The IAD will indi- the associated IFQ is derived, except as cate the deficiencies with the informa- provided in paragraph (i)(1) of this sec- tion submitted. An applicant who re- tion. ceives an IAD may appeal under the ap- (1) An individual who received an ini- peals procedures set out at § 679.43. tial allocation of QS assigned to cat- (v) Upon request by the Regional Ad- egory B, C, or D does not have to be ministrator or an authorized officer, a aboard the vessel on which his or her person must submit additional written IFQ is being fished or to sign IFQ land- documentation necessary to establish ing reports if that individual: the required minimum 20-percent in- (i) For a documented vessel, during terest in the vessel during the 12- the 12-month period previous to the ap- month period previous to the applica- plication by the individual for a hired tion by the individual for a hired mas- master permit, continuously owned a ter permit. minimum 20-percent interest in the (2) Paragraph (i)(1) of this section vessel as shown by the U.S. Abstract of does not apply to any individual who Title issued by the U.S. Coast Guard received an initial allocation of QS as- that lists the individual as an owner signed to category B, C, or D and who, and, if necessary to show 20-percent prior to April 17, 1997, employed a mas- ownership for 12 months, additional ter to fish any of the IFQ issued to that written documentation; or individual, provided the individual con- (ii) For an undocumented vessel, dur- tinues to own the vessel from which ing the 12-month period previous to the the IFQ is being fished at no lesser per- application by the individual for a centage of ownership interest than hired master permit, continuously that held on April 17, 1997, and provided owned a minimum 20-percent interest that this individual has not acquired in the vessel as shown by a State of additional QS through transfer after Alaska license or registration that September 23, 1997. lists the individual as an owner and, if (3) Paragraph (i)(1) of this section necessary to show the 20-percent own- does not apply to individuals who re- ership for 12 months, additional writ- ceived an initial allocation of QS as- ten documentation; and signed to vessel category B, C, or D for (iii) Is represented on the vessel by a halibut in IFQ regulatory Area 2C or hired master employed by that indi- for sablefish QS in the IFQ regulatory vidual and permitted in accordance area east of 140° W. long., and this ex- with § 679.4(d)(2). emption is not transferable. (iv) NMFS review of application for ex- (4) The exemption provided in para- emption—(A) Initial evaluation. The Re- graph (i)(1) of this section may be exer- gional Administrator will evaluate an cised by an individual on a vessel application for a hired master sub- owned by a corporation, partnership, mitted in accordance with paragraphs association or other non-individual en- (i)(1), (i)(6), and (i)(7) of this section. tity in which the individual is a share- An applicant who fails to submit the holder, partner, or member, provided information specified in the applica- that during the 12-month period pre- tion for a hired master will be provided vious to the application by the indi- a reasonable opportunity to submit the vidual for a hired master permit, the specified information or submit a re- individual continuously maintained a vised application. minimum 20-percent ownership inter- (B) Initial administrative determina- est in the vessel owned by the corpora- tions (IAD). The Regional Adminis- tion, partnership, association or other trator will prepare and send an IAD to non-individual entity. For purposes of an individual submitting an applica- this paragraph, an individual’s interest

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in a vessel is determined by the per- (i) The temporary disablement of the centage ownership by the individual of vessel results from repairs required by a corporation, partnership, association an accident that materially and ad- or other non-individual entity that has versely affected the vessel’s seaworthi- an ownership interest in the vessel ness or fitness for service, such as from multiplied by the percentage of owner- sinking, grounding, or fire; ship of the vessel by the corporation, (ii) The repairs from the accident re- partnership, or other non-individual quire at least 60 days to be completed; entity. (iii) The disabled vessel is a commer- (5) IFQ derived from QS held by a cial fishing vessel that was previously CQE must be used only by the indi- used to harvest halibut IFQ or sable- vidual whose IFQ permit account con- fish IFQ of the individual who qualifies tains the resulting IFQ. for the exemption in paragraph (i)(1) of (6) In the event of the total loss or ir- this section; reparable damage to a vessel owned by (iv) The individual submits to NMFS an individual who qualifies for the ex- a copy of the USCG Form 2692 sub- emption in paragraph (i)(1) of this sec- mitted to the USCG as specified in 46 tion, the individual may remain ex- CFR 4.05; and empt under paragraph (i)(1) of this sec- (v) The individual is applying to use tion until December 31 of the year fol- a hired master on a vessel in which the lowing the year in which the vessel was individual has a minimum 20-percent lost or damaged, provided that the in- ownership interest as of the date of the dividual meets the following require- ments: application by the individual for a (i) The loss or irreparable damage to hired master permit. the vessel was caused by an act of God, (8) Paragraphs (i)(1) and (i)(4) of this an act of war, a collision, an act or section do not apply to any QS as- omission of a party other than the in- signed to vessel category B, C, or D re- dividual or agent of the individual, or ceived by transfer by any person de- any other event not caused by the will- scribed in paragraph (i)(1) after Feb- ful misconduct of the individual or ruary 12, 2010, except a hired master agent of the individual. may be used to harvest IFQ derived (ii) The lost or irreparably damaged from QS blocks that were consolidated vessel is a commercial fishing vessel under § 679.41(e)(2) or (e)(3) after Feb- that was previously used to harvest ruary 12, 2010, and before December 1, halibut IFQ or sablefish IFQ of the in- 2014. dividual who qualifies for the exemp- (j) Use of IFQ resulting from QS as- tion in paragraph (i)(1) of this section; signed to vessel category B, C, or D by (iii) As part of the application for ex- corporations, partnerships, or other non- emption, the individual submits to individual entities. (1) Except as pro- NMFS a copy of the USCG Form 2692 vided in paragraph (j)(7) of this section, submitted to the USCG as specified in a corporation, partnership, association, 46 CFR 4.05; and or other non-individual entity that re- (iv) The individual is applying to use ceived an initial allocation of QS as- a hired master on a vessel in which the signed to category B, C, or D may fish individual has a minimum 20-percent the IFQ resulting from that QS and any ownership interest as of the date of the additional QS acquired within the limi- application by the individual for a tations of this section from a vessel if hired master permit. that corporation, partnership, associa- (7) In the event of temporary disable- tion, or other non-individual entity: ment of a vessel owned by an indi- (i) For a documented vessel, owns a vidual who qualifies for the exemption minimum 20-percent interest in the in paragraph (i)(1) of this section, the vessel as shown by the U.S. Abstract of individual may remain exempt under Title issued by the U.S. Coast Guard paragraph (i)(1) of this section until that lists the corporation, partnership, December 31 of the year following the association, or other non-individual en- year in which the vessel was disabled, tity as an owner and, if necessary to provided that the individual meets the prove the required percentage owner- following requirements: ship, other written documentation;

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(ii) For an undocumented vessel, realize any corporate liabilities or ben- owns a minimum 20-percent interest in efits of the corporation, partnership, the vessel as shown by a State of Alas- association, or other non-individual en- ka vessel license or registration that tity or, for estates, the date of the de- lists the corporation, partnership, asso- termination of a legal heir to the es- ciation, or other non-individual entity tate, or the date of the order for dis- as an owner and, if necessary to show tribution of the estate. the required percentage ownership in- (6) QS assigned to vessel category B, terest, other written documentation; C, or D and IFQ resulting from that QS and held in the name of a corporation, part- (iii) Is represented on the vessel by a nership, association, or other non-indi- hired master employed by that indi- vidual entity that changes, as defined vidual and permitted in accordance in this paragraph (j), must be trans- with § 679.4(d)(2). ferred to an individual, as prescribed in (2) The provision of paragraph (j)(1) § 679.41, before it may be used at any of this section is not transferable and time after the effective date of the does not apply to QS assigned to vessel change. category B, C, or D for halibut in IFQ (7) A corporation, partnership, asso- regulatory Area 2C or for sablefish in ciation, or other non-individual entity ° the IFQ regulatory area east of 140 W. that received an initial allocation of long. that is transferred to a corpora- QS assigned to category B, C, or D and tion, partnership, association, or other that, prior to April 17, 1997, employed a non-individual entity. Such transfers master to fish any of the IFQ issued to of additional QS within these areas that corporation, partnership, associa- must be to an individual pursuant to tion, or other non-individual entity § 679.41(c) and be used pursuant to para- may continue to employ a master to graphs (c) and (i) of this section. fish its IFQ on a vessel owned by the (3) A corporation, partnership, asso- corporation, partnership, association, ciation, or other non-individual entity, or other non-individual entity provided except for a publicly held corporation, that the corporation, partnership, asso- that receives an initial allocation of ciation, or other non-individual entity QS assigned to vessel category B, C, or D loses the exemption provided under continues to own the vessel at no lesser this paragraph (j) on the effective date percentage of ownership interest than of a change in the corporation, partner- that held on April 17, 1997, and provided ship, association, or other non-indi- that corporation, partnership, associa- vidual entity from that which existed tion, or other non-individual entity did at the time of initial allocation. not acquire additional QS through (4) For purposes of this paragraph (j), transfer after September 23, 1997. ‘‘a change’’ means: (8) A corporation, partnership, or (i) For corporations and partnerships, other non-individual entity, except for the addition of any new shareholder(s) a publicly held corporation, that re- or partner(s), except that a court ap- ceives an allocation of QS must provide pointed trustee to act on behalf of a annual updates to the Regional Admin- shareholder or partner who becomes in- istrator identifying all current share- capacitated is not a change in the cor- holders, partners, or members to the poration, partnership, association, or individual person level and affirming other non-individual entity; or the entity’s continuing existence as a (ii) For estates, the final or summary corporation or partnership, or other distribution of the estate. non-individual entity. (5) The Regional Administrator must (9) The exemption provided in this be notified of a change in the corpora- paragraph (j) may be exercised by a tion, partnership, association, or other corporation, partnership, association non-individual entity as defined in this or other non-individual entity on a ves- paragraph (j) within 15 days of the ef- sel owned by a person who is a share- fective date of the change. The effec- holder in the corporation, partnership, tive date of change, for purposes of this association, or other non-individual en- paragraph (j), is the date on which the tity, provided that the corporation, new shareholder(s) or partner(s) may partnership, association, or other non-

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individual entity maintains a min- (l) GOA sablefish longline pot gear re- imum of 20-percent interest in the ves- quirements. Additional regulations that sel. For purposes of this paragraph (j), implement specific requirements for interest in a vessel is determined as any vessel operator who fishes for IFQ the percentage of ownership in the cor- sablefish in the GOA using longline pot poration, partnership, association, or gear are set out under: § 300.61 Defini- other non-individual entity by that tions, § 679.2 Definitions, § 679.5 Record- person who is a shareholder in the cor- keeping and reporting (R&R), § 679.7 poration, partnership, association, or Prohibitions, § 679.20 General limita- other non-individual entity, multiplied tions, § 679.23 Seasons, § 679.24 Gear lim- by the percentage of ownership in the itations, and § 679.51 Observer require- vessel by that person who is a share- ments for vessels and plants. holder in the corporation, partnership, (1) Applicability. Any vessel operator association, or other non-individual en- who fishes for IFQ sablefish with tity. longline pot gear in the GOA must (10) Paragraphs (j)(1) and (j)(9) of this comply with the requirements of this section do not apply to any QS as- paragraph (l). The IFQ regulatory areas signed to vessel category B, C, or D re- in the GOA include the Southeast Out- ceived by transfer after February 12, side District of the GOA, the West Yak- 2010, by an entity described in para- utat District of the GOA, the Central graph (j)(1) except a hired master may GOA regulatory area, and the Western be used to harvest IFQ derived from QS GOA regulatory area. that were consolidated under (2) General. To use longline pot gear § 679.41(e)(2) or (e)(3) after February 12, to fish for IFQ sablefish in the GOA, a 2010, and before December 1, 2014. vessel operator must: (k) Sablefish vessel clearance require- (i) Request and be issued pot tags from NMFS as specified in paragraph ments—(1) Bering Sea or Aleutian Is- (l)(3); lands. (i) General. Any vessel operator (ii) Use pot tags as specified in para- who fishes for IFQ sablefish in the Ber- graph (l)(4); ing Sea or Aleutian Islands must pos- (iii) Deploy and retrieve longline pot sess a transmitting VMS transmitter gear as specified in paragraph (l)(5); while fishing for IFQ sablefish. (iv) Retain IFQ halibut caught in (ii) VMS requirements. (A) The oper- longline pot gear if sufficient halibut ator of the vessel must comply with IFQ is held by persons on board the VMS requirements at § 679.28(f)(3), vessel as specified in paragraph (l)(6); (f)(4), and (f)(5); and and (B) The operator of the vessel must (v) Comply with other requirements contact NMFS at 800–304–4846 (option 1) as specified in paragraph (l)(7). between 0600 and 0000 A.l.t. and receive (3) Pot tags. (i) Request for pot tags. (A) a VMS confirmation number at least 72 The owner of a vessel that uses hours prior to fishing for IFQ sablefish longline pot gear to fish for IFQ sable- in the Bering Sea or Aleutian Islands. fish in the GOA must use pot tags (2) Gulf of Alaska. (i) General. A vessel issued by NMFS. A vessel owner may operator using longline pot gear to fish only receive pot tags from NMFS for for IFQ sablefish in the Gulf of Alaska each vessel that uses longline pot gear must possess a transmitting VMS to fish for IFQ sablefish in the GOA by transmitter while fishing for sablefish. submitting a complete IFQ Sablefish (ii) VMS requirements. (A) The oper- Longline Pot Gear Vessel Registration ator of the vessel must comply with and Request for Pot Gear Tags form ac- VMS requirements at § 679.28(f)(3), cording to form instructions. The form (f)(4), and (f)(5); and is located on the NMFS Alaska Region (B) The operator of the vessel must Web site at alaskafisheries.noaa.gov. contact NMFS at 800–304–4846 (option 1) (B) The vessel owner must specify the between 0600 and 0000 A.l.t. and receive number of requested pot tags for each a VMS confirmation number at least 72 vessel for each IFQ regulatory area in hours prior to using longline pot gear the GOA (up to the maximum number to fish for IFQ sablefish in the Gulf of of pots specified in paragraph (l)(5)(ii) Alaska. of this section) on the IFQ Sablefish

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Longline Pot Gear Vessel Registration and specify the pot tags that NMFS and Request for Pot Gear Tags form. will assign to the vessel. Pot tags must (ii) Issuance of pot tags. (A) Upon sub- be assigned to only one vessel each mission of a completed IFQ Sablefish year. Longline Pot Gear Vessel Registration (B) To register a vessel and assign and Request for Pot Gear Tags form, pot tags, the vessel owner must annu- NMFS will assign each pot tag to the ally submit a complete IFQ Sablefish vessel specified on the form. Longline Pot Gear Vessel Registration (B) Each pot tag will be a unique and Request for Pot Gear Tags form to color that is specific to the IFQ regu- NMFS. latory area in the GOA in which it (1) The vessel owner must specify the must be deployed and imprinted with a vessel to be registered on the IFQ Sa- unique serial number. blefish Longline Pot Gear Vessel Reg- (C) NMFS will send the pot tags to istration and Request for Pot Gear the vessel owner at the address pro- Tags form. The specified vessel must vided on the IFQ Sablefish Longline have a valid ADF&G vessel registration Pot Gear Vessel Registration and Re- number. quest for Pot Gear Tags form. (2) The vessel owner must specify on (iii) Request for pot tag replacement. the IFQ Sablefish Longline Pot Gear (A) The vessel owner may submit a re- Vessel Registration and Request for quest to NMFS to replace pot tags that Pot Gear Tags form either that the are lost, stolen, or mutilated. vessel owner is requesting that NMFS (B) The vessel owner to whom the assign pot tags to a vessel to which the lost, stolen, or mutilated pot tag was pot tags were previously assigned or issued must submit a complete IFQ Sa- that the vessel owner is requesting new blefish Request for Replacement of pot tags from NMFS. Longline Pot Gear Tags form according (4) Using pot tags. (i) Each pot used to to form instructions. The form is lo- fish for IFQ sablefish in the GOA must cated on the NMFS Alaska Region Web be identified with a valid pot tag. A site at alaskafisheries.noaa.gov. valid pot tag is: (C) A complete form must be signed (A) Issued by NMFS according to by the vessel owner and is a sworn affi- paragraph (l)(3) of this section; davit to NMFS indicating the reason (B) The color specific to the regu- for the request for a replacement pot latory area in which it will be used; tag or pot tags and the number of re- and placement pot tags requested by IFQ (C) Inscribed with a legible unique se- regulatory area. rial number. (D) NMFS will review a request to re- (ii) A valid pot tag must be attached place a pot tag or tags and will issue to each pot on board the vessel to the appropriate number of replacement which the pot tags are assigned before pot tags. The total number of pot tags the vessel departs port to fish. issued to a vessel owner for an IFQ reg- (iii) A valid pot tag must be attached ulatory area in the GOA cannot exceed to a pot bridge or cross member such the maximum number of pots author- that the entire pot tag is visible and ized for use by a vessel in that IFQ reg- not obstructed. ulatory area specified in paragraph (5) Restrictions on GOA longline pot (l)(5)(ii) of this section. The total num- gear deployment and retrieval—(i) Gen- ber of pot tags issued to a vessel owner eral. for an IFQ regulatory area in the GOA (A) A vessel operator must mark equals the sum of the number of pot longline pot gear used to fish IFQ sa- tags issued for that IFQ regulatory blefish in the GOA as specified in area that have not been replaced plus § 679.24(a). the number of replacement pot tags (B) A vessel operator must deploy issued for that IFQ regulatory area. and retrieve longline pot gear to fish (iv) Annual vessel registration and pot IFQ sablefish in the GOA only during tag assignment. (A) The owner of a ves- the sablefish fishing period specified in sel that uses longline pot gear to fish § 679.23(g)(1). for IFQ sablefish in the GOA must an- (C) The gear retrieval and removal nually register the vessel with NMFS requirements in paragraphs (l)(5)(iii)

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and (iv) of this section apply to all one vessel and deployed to fish IFQ sa- longline pot gear that is assigned to blefish in the GOA must be removed the vessel and deployed to fish IFQ sa- from the fishing grounds, returned to blefish and to all other fishing equip- port, and must have only one set of the ment attached to longline pot gear appropriate vessel-specific pot tags be- that is deployed in the water by the fore being deployed by another vessel vessel to fish IFQ sablefish. All other to fish IFQ sablefish in the GOA. fishing equipment attached to longline (6) Retention of halibut. (i) A vessel pot gear includes, but is not limited to, operator who fishes for IFQ sablefish equipment used to mark longline pot using longline pot gear must retain gear as required in § 679.24(a)(3). IFQ halibut if: (ii) Pot limits. A vessel operator is (A) The IFQ halibut is caught in any limited to deploying a maximum num- GOA reporting area in accordance with ber of pots to fish IFQ sablefish in each paragraph (l) of this section; and IFQ regulatory area in the GOA. (B) An IFQ permit holder on board (A) In the Southeast Outside District the vessel has unused halibut IFQ for of the GOA, a vessel operator is limited the IFQ regulatory area fished and IFQ to deploying a maximum of 120 pots. vessel category. (B) In the West Yakutat District of (ii) [Reserved] the GOA, a vessel operator is limited to (7) Other requirements. A vessel oper- deploying a maximum of 120 pots. ator who fishes for IFQ sablefish using (C) In the Central GOA regulatory longline pot gear in the GOA must: area, a vessel operator is limited to de- (i) Complete a longline and pot gear ploying a maximum of 300 pots. Daily Fishing Logbook (DFL) or Daily (D) In the Western GOA regulatory Cumulative Production Logbook area, a vessel operator is limited to de- (DCPL) as specified in § 679.5(c); and ploying a maximum of 300 pots. (ii) Comply with Vessel Monitoring (iii) Gear retrieval. (A) In the South- System (VMS) requirements specified east Outside District of the GOA, a in paragraph (k)(2) of this section. catcher vessel operator must retrieve and remove from the fishing grounds [61 FR 31230, June 19, 1996] all longline pot gear that is assigned to EDITORIAL NOTE: For FEDERAL REGISTER ci- the vessel and deployed to fish IFQ sa- tations affecting § 679.42, see the List of CFR blefish when the vessel makes an IFQ Sections Affected, which appears in the landing. Finding Aids section of the printed volume (B) In the Southeast Outside District and at www.govinfo.gov. of the GOA, a catcher/processor must redeploy or remove from the fishing § 679.43 Determinations and appeals. grounds all longline pot gear that is as- (a) General. This section describes the signed to the vessel and deployed to procedure for appealing initial admin- fish IFQ sablefish within five days of istrative determinations made in this deploying the gear. title under parts 300, 679, 680, and sub- (C) In the West Yakutat District of part E of part 300 of this chapter. the GOA and the Central GOA regu- (b) Who may appeal. Any person latory area, a vessel operator must re- whose interest is directly and ad- deploy or remove from the fishing versely affected by an initial adminis- grounds all longline pot gear that is as- trative determination may file a writ- signed to the vessel and deployed to ten appeal. For purposes of this sec- fish IFQ sablefish within five days of tion, such persons will be referred to as deploying the gear. ‘‘applicant’’ or ‘‘appellant.’’ (D) In the Western GOA regulatory (c) Submission of appeals. Appeals area, a vessel operator must redeploy must be in writing and must be mailed or remove from the fishing grounds all to the: National Marine Fisheries Serv- longline pot gear that is assigned to ice, Office of Administrative Appeals the vessel and deployed to fish IFQ sa- (OAA), P. O. Box 21668, Juneau, AK blefish within seven days of deploying 99802–1668, or delivered to National Ma- the gear. rine Fisheries Service, Attention: Ap- (iv) Longline pot gear used on multiple peals (OAA), 709 W. 9th Street, Room vessels. Longline pot gear assigned to 453, Juneau, AK 99801.

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(d) Timing of appeals. (1) If an appli- order only if the appeal demonstrates cant appeals an initial administrative the following: determination, the appeal must be filed (i) There is a genuine and substantial not later than 60 days after the date issue of adjudicative fact for resolution the determination is issued. at a hearing. A hearing will not be or- (2) The time period within which an dered on issues of policy or law. appeal may be filed begins to run on (ii) The factual issue can be resolved the date the initial administrative de- by available and specifically identified termination is issued. If the last day of reliable evidence. A hearing will not be the time period is a Saturday, Sunday, ordered on the basis of mere allega- or Federal holiday, the time period will tions or denials or general descriptions extend to the close of business on the of positions and contentions. next business day. (iii) The evidence described in the re- (e) Address of record. General—NMFS quest for hearing, if established at will establish as the address of record hearing, would be adequate to justify the address used by the applicant in resolution of the factual issue in the initial correspondence to NMFS con- way sought by the applicant. A hearing cerning the application. Notifications will not be ordered if the evidence de- of all actions affecting the applicant scribed is insufficient to justify the after establishing an address of record factual determination sought, even if will be mailed to that address, unless accurate. the applicant provides NMFS, in writ- (iv) Resolution of the factual issue in ing, with any changes to that address. the way sought by the applicant is ade- NMFS bears no responsibility if a noti- quate to justify the action requested. A fication is sent to the address of record hearing will not be ordered on factual and is not received because the appli- issues that are not determinative with cant’s actual address has changed with- respect to the action requested. out notification to NMFS. (h) Types of hearings. If the appellate (f) Statement of reasons for appeals. officer determines that a hearing Applicants must timely submit a full should be held to resolve one or more written statement in support of the ap- genuine and substantial issues of adju- peal, including a concise statement of dicative fact, he/she may order: the reasons the initial administrative (1) A written hearing, as provided in determination has a direct and adverse paragraph (m) of this section; or effect on the applicant and should be (2) An oral hearing, as provided in reversed or modified. If the applicant paragraph (n) of this section. requests a hearing on any issue pre- (i) Authority of the appellate officer. sented in the appeal, such request for The appellate officer is vested with hearing must be accompanied by a con- general authority to conduct all hear- cise written statement raising genuine ings in an orderly manner, including and substantial issues of adjudicative the authority to: fact for resolution and a list of avail- (1) Administer oaths. able and specifically identified reliable (2) Call and question witnesses. evidence upon which the factual issues (3) Issue a written decision based on can be resolved. The appellate officer the record. will limit his/her review to the issues (j) Evidence. All evidence that is rel- stated in the appeal; all issues not set evant, material, reliable, and probative out in the appeal will be waived. may be included in the record. Formal (g) Hearings. The appellate officer rules of evidence do not apply to hear- will review the applicant’s appeal and ings conducted under this section. request for hearing, and has discretion (k) Appellate officers’ decisions. The to proceed as follows: appellate officer will close the record (1) Deny the appeal; and issue a decision after determining (2) Issue a decision on the merits of there is sufficient information to the appeal, if the record contains suffi- render a decision on the record of the cient information on which to reach proceedings and that all procedural re- final judgment; or quirements have been met. The deci- (3) Order that a hearing be con- sion must be based solely on the record ducted. The appellate officer may so of the proceedings. Except as provided

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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 section if he/she: (i) The motion is entered prior to the (i) Orders a hearing as provided in appellate officer’s issuance of a deci- paragraph (g)(3) of this section; and sion; and (ii) Determines that the issues to be (ii) The appellant demonstrates that resolved at hearing can best be re- the appellate officer has a personal solved through the oral hearing proc- bias or any other basis for disqualifica- ess. tion. (2) After ordering an oral hearing, (3) If the appellate officer denies a the appellate officer will: motion to withdraw, he/she will so rule (i) Provide the appellant with notifi- on the record. cation that an oral hearing has been (m) Written hearing. (1) An appellate ordered. officer may order a written hearing (ii) Provide the appellant with a under paragraph (h)(1) of this section if statement of issues to be determined at he/she: hearing. (i) Orders a hearing as provided in (iii) Provide the appellant with noti- paragraph (g)(3) of this section; and fication, at least 30 days in advance, of (ii) Determines that the issues to be the place, date, and time of the oral resolved at hearing can be resolved by hearing. Oral hearings will be held in allowing the appellant to present writ- Juneau, AK, at the prescribed date and ten materials to support his/her posi- time, unless the appellate officer deter- tion. mines, based upon good cause shown, (2) After ordering a written hearing, that a different place, date, or time the appellate officer will: will better serve the interests of jus- (i) Provide the appellant with notifi- tice. A continuance of the oral hearing may be ordered at the sole discretion of cation that a written hearing has been the appellate officer if the appellant ordered. shows good cause for the continuance. (ii) Provide the appellant with a (3) The appellate officer may, either statement of issues to be determined at at his/her own discretion or on the mo- hearing. tion of the appellant, order a pre-hear- (iii) Provide the appellant with 30 ing conference, either in person or tele- days to file a written response. The ap- phonically, to consider: pellant may also provide documentary (i) The simplification of issues. evidence to support his/her position. (ii) The possibility of obtaining stip- The period to file a written response ulations, admissions of facts, and may be extended at the sole discretion agreements to the introduction of doc- of the appellate officer, if the appellant uments. shows good cause for the extension. (iii) The possibility of settlement or (3) The appellate officer may, after other means to facilitate resolution of reviewing the appellant’s written re- the case. sponse and documentary evidence: (iv) Such other matters as may aid in (i) Order that an oral hearing be held, the disposition of the proceedings. as provided in paragraph (h)(2) of this (4) The appellate officer must provide section, to resolve issues that cannot the appellant with notification of a be resolved through the written hear- pre-hearing conference, if one is or- ing process; dered, at least 30 days in advance of the

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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, crab species under will be limited to those identified by § 679.4(k) or scallops under § 679.4(g). the appellate officer as provided in This non-transferable license author- paragraph (g)(3) of this section. The ap- izes a person to conduct directed fish- pellant will then be given an oppor- ing for groundfish, crab species, or tunity to present his/her case. catch and retain scallops and will have (6) During the oral hearing, the ap- specific endorsements and designations pellant has the right to present reliable based on the person’s claims in his or and material oral or documentary evi- her application for a license. This non- dence and to conduct such cross-exam- transferable license expires upon the ination as may be required in the inter- resolution of the appeal. ests of justice. (7) After the conclusion of the oral [61 FR 31230, June 19, 1996, as amended at 62 hearing, the appellant may be given FR 17753, Apr. 11, 1997; 63 FR 52657, Oct. 1, time by the appellate officer to submit 1998; 63 FR 64879, Nov. 24, 1998; 65 FR 78118, any supplementary information that Dec. 14, 2000; 66 FR 27911, May 21, 2001; 67 FR 4148, Jan. 28, 2002; 67 FR 64317, Oct. 18, 2002; 67 may assist in the resolution of the FR 72611, Dec. 6, 2002; 68 FR 44487, July 29, case. 2003; 70 FR 10238, Mar. 2, 2005; 70 FR 16754, (8) The appellate officer will close the Apr. 1, 2005; 77 FR 6501, Feb. 8, 2012] record and issue a decision after deter- mining that the information on the § 679.44 Penalties. record is sufficient to render a deci- Any person committing, or a fishing sion. vessel used in the commission of, a vio- (o) Review by the Regional Adminis- lation of the Magnuson-Stevens Act or trator. An appellate officer’s decision is Halibut Act, or any regulation issued subject to review by the Regional Ad- under the Magnuson-Stevens Act or ministrator, as provided in this para- Halibut Act, is subject to the civil and graph (o). criminal penalty provisions and civil (1) The Regional Administrator may forfeiture provisions of the Magnuson- affirm, reverse, modify, or remand the Stevens Act or Halibut Act, to part 600 appellate officer’s decision before the of this chapter, to 15 CFR part 904 30-day effective date of the decision (Civil Procedures), and to other appli- provided in paragraph (k) of this sec- tion. cable law. Penalties include but are not (2) The Regional Administrator may limited to permanent or temporary take any of these actions on or after sanctions to QS and associated IFQ. the 30-day effective date by issuing a § 679.45 IFQ cost recovery program. stay of the decision before the 30-day effective date. An action taken under (a) Cost recovery fees—(1) Responsi- paragraph (o)(1) of this section takes bility. An IFQ permit holder is respon- effect immediately. sible for cost recovery fees for landings (3) The Regional Administrator must of his or her IFQ halibut and sablefish, provide a written explanation why an including any halibut landed as guided appellate officer’s decision has been re- angler fish (GAF), as defined in § 300.61 versed, modified, or remanded. of this title, derived from his or her (4) The Regional Administrator must IFQ accounts. An RQE is responsible promptly notify the appellant(s) of any for cost recovery fees for all RFQ action taken under this paragraph (o). issued to the RQE. An IFQ permit hold- (5) The Regional Administrator’s de- er or RQE must comply with the re- cision to affirm, reverse, or modify an quirements of this section.

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(2) IFQ Fee Liability Determination—(i) mine the fee liability for all RFQ General. IFQ fee liability means a cost issued to the RQE. recovery liability based on either the (ii) Value assigned to GAF. The IFQ value of all landed IFQ and GAF de- fee liability is computed from all net rived from the permit holder’s IFQ per- pounds allocated to the IFQ permit mit(s), or the value of all RFQ issued holder that are landed, including IFQ to an RQE. landed as GAF. (A) Each year, the Regional Adminis- (A) NMFS will determine the IFQ trator will issue each IFQ permit hold- equivalent pounds of GAF landed in er a summary of his or her IFQ equiva- IFQ regulatory area 2C or 3A that are lent pounds landed as IFQ and GAF and derived from the IFQ permit holder’s will issue an RQE a summary of its account. RFQ pounds issued as part of the IFQ (B) The IFQ equivalent pounds of Landing and Estimated Fee Liability GAF landed in IFQ regulatory area 2C page described at § 679.5(l)(7)(ii)(D). or 3A are multiplied by the standard (B) The summary will include infor- ex-vessel value computed for that area mation on IFQ and GAF landings and to determine the value of IFQ landed as an estimated IFQ fee liability using the GAF. IFQ standard ex-vessel value for IFQ (iii) The value of IFQ landed as GAF and GAF landings. For fee purposes: is added to the value of the IFQ permit holder’s landed IFQ, and the sum is (1) Landings of GAF in IFQ regu- multiplied by the annual IFQ fee per- latory area 2C or 3A are converted to centage to estimate the IFQ permit IFQ equivalent pounds and assessed at holder’s IFQ fee liability. the IFQ regulatory area 2C or 3A IFQ (3) Fee collection. (i) An IFQ permit standard ex-vessel value. holder with IFQ and/or GAF landings is (2) GAF that is returned to the IFQ responsible for collecting his or her permit holder’s account pursuant to own fee during the calendar year in § 300.65(c) of this title, and subse- which the IFQ fish and/or GAF are quently landed as IFQ during the IFQ landed. fishing year, is included in the IFQ fee (ii) An RQE is responsible for col- liability and subject to fee assessment lecting its own fees during the calendar as IFQ equivalent pounds. year in which the RFQ is issued to the (3) All RFQ issued to an RQE in IFQ RQE. regulatory area 2C or 3A will be as- (4) Payment—(i) Payment due date. An sessed at the IFQ regulatory area 2C or IFQ permit holder or RQE must submit 3A IFQ standard ex-vessel value. its IFQ fee liability payment(s) to (C) The IFQ permit holder must ei- NMFS as instructed at paragraph ther accept NMFS’ estimate of the IFQ (a)(4)(iii) of this section not later than fee liability or revise NMFS’ estimate January 31 of the year following the of the IFQ fee liability using the IFQ calendar year in which the IFQ or GAF Permit Holder Fee Submission Form landings were made or the RFQ was described at § 679.5(l)(7)(ii), except that issued to the RQE. the standard ex-vessel value used to de- (ii) Payment recipient. Make payment termine the fee liability for GAF is not payable to NMFS. subject to challenge. If the IFQ permit (iii) Payment address. Submit pay- holder revises NMFS’ estimate of his or ment and related documents as in- her IFQ fee liability, NMFS may re- structed on the fee submission form. quest in writing that the permit holder Payments may be made electronically submit documentation establishing the through the NMFS Alaska Region Web factual basis for the revised calcula- site at http://alaskafisheries.noaa.gov. In- tion. If the IFQ permit holder fails to structions for electronic payment will provide adequate documentation on or be made available on both the payment by the 30th day after the date of such Web site and a fee liability summary request, NMFS will determine the IFQ letter mailed to the IFQ permit holder. permit holder’s IFQ fee liability based (iv) Payment method—(A) Prior to De- on standard ex-vessel values. cember 1, 2019, payment must be made (D) An RQE may not challenge the in U.S. dollars by personal check drawn standard ex-vessel value used to deter- on a U.S. bank account, money order,

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bank-certified check, or electronically standard prices published in the FED- by credit card. ERAL REGISTER by NMFS shall apply to (B) On or after December 1, 2019, pay- all landings made in the same calendar ment must be made electronically in year as the IFQ standard price publica- U.S. dollars by automated clearing tion and shall replace any IFQ stand- house, credit card, or electronic check ard prices previously provided by drawn on a U.S. bank account. NMFS that may have been in effect for (b) IFQ ex-vessel value determination that same calendar year. and use—(1) General. (i) An IFQ permit (v) Determination. NMFS will apply holder must use either the IFQ actual the standard price, aggregated by IFQ ex-vessel value or the IFQ standard ex- regulatory area 2C or 3A, to GAF land- vessel value when determining the IFQ ings and RFQ issued to an RQE. NMFS fee liability based on ex-vessel value, will calculate the IFQ standard prices except that landed GAF are assessed at to reflect, as closely as possible by the standard ex-vessel values derived month and port or port-group, the vari- by NMFS. An IFQ permit holder must ations in the actual ex-vessel values of base all fee liability calculations on IFQ halibut and IFQ sablefish landings the ex-vessel value that correlates to based on information provided in the landed IFQ in IFQ equivalent pounds. IFQ Registered Buyer Ex-Vessel Value (ii) An RQE must use the IFQ stand- and Volume Report as described in ard ex-vessel value derived by NMFS § 679.5(l)(7)(i). The Regional Adminis- for all RFQ issued to the RQE. trator will base IFQ standard prices on (2) IFQ actual ex-vessel value. An IFQ the following types of information: permit holder that uses actual ex-ves- (A) Landed net pounds by IFQ spe- sel value, as defined in § 679.2, to deter- cies, port-group, and month; mine IFQ fee liability for landed IFQ (B) Total ex-vessel value by IFQ spe- must document actual ex-vessel value cies, port-group, and month; and for each IFQ permit. The actual ex-ves- (C) Price adjustments, including IFQ sel value cannot be used to assign retro-payments. value to halibut landed as GAF or (c) [Reserved] issued as RFQ. (d) IFQ fee percentage—(1) Established (3) IFQ standard ex-vessel value—(i) percentage. The annual IFQ fee percent- Use of standard price. An IFQ permit age is the amount as determined by the holder that uses standard ex-vessel factors and methodology described in value to determine the IFQ fee liabil- paragraph (d)(2) of this section. This ity, as part of a revised IFQ fee liabil- amount will be announced by publica- ity submission, must use the cor- tion in the FEDERAL REGISTER in ac- responding standard price(s) as pub- cordance with paragraph (d)(3) of this lished in the FEDERAL REGISTER. section. This amount must not exceed 3 (ii) All landed GAF and RFQ issued percent pursuant to 16 U.S.C. to an RQE must be valued using the 1854(d)(2)(B). standard ex-vessel value for the year (2) Calculating the fee percentage. Each and for the IFQ regulatory area of har- year NMFS shall calculate and publish vest—Area 2C or Area 3A. the fee percentage according to the fol- (iii) Duty to publish list. Each year the lowing factors and methodology: Regional Administrator will publish a (i) Factors. NMFS must use the fol- list of IFQ standard prices in the FED- lowing factors to determine the fee per- ERAL REGISTER during the last quarter centage: of the calendar year. The IFQ standard (A) The IFQ, RFQ, and GAF landings prices will be described in U.S. dollars to which the IFQ fee will apply; per IFQ equivalent pound, for IFQ hal- (B) The ex-vessel value of that landed ibut and sablefish landings made dur- IFQ, RFQ, and GAF; and ing the current calendar year. (C) The costs directly related to the (iv) Effective duration. The IFQ stand- management and enforcement of the ard prices will remain in effect until IFQ Program, which include RQE and revised by the Regional Administrator GAF costs. by notification in the FEDERAL REG- (ii) Methodology. NMFS must use the ISTER based upon new information of following equation to determine the fee the type set forth in this section. IFQ percentage:

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100 × (DPC/V) permit holder’s account from which it was derived on or after the automatic Where: GAF return date. ‘‘DPC’’ is the direct program costs for the IFQ fishery for the previous fiscal year, (2) Upon final agency action deter- and mining that an IFQ permit holder has ‘‘V’’ is the ex-vessel value determined for not paid his or her IFQ fee liability, as IFQ landed as commercial catch, RFQ, or described in paragraph (f) of this sec- GAF subject to the IFQ fee liability for tion, any IFQ fishing permit or RFQ the current year. permit account held by the IFQ permit (3) Publication—(i) General. During or holder or RQE is not valid until all IFQ before the last quarter of each calendar fee liabilities are paid. year, NMFS shall publish the IFQ fee (3) If payment is not received on or percentage in the FEDERAL REGISTER. before the 30th day after the final agen- NMFS shall base any IFQ fee liability cy action, the matter will be referred calculations on the factors and meth- to the appropriate authorities for pur- odology in paragraph (d)(2) of this sec- poses of collection. tion. (f) Underpayment of IFQ fee. (1) When (ii) Effective period. The calculated an IFQ permit holder or RQE has in- IFQ fee percentage shall remain in ef- curred a fee liability and made a time- fect through the end of the calendar ly payment to NMFS of an amount less year in which it was determined. than the NMFS estimated IFQ fee li- (4) Applicable percentage. The IFQ per- ability, the Regional Administrator mit holder must use the IFQ fee per- will review the IFQ Permit Holder Fee centage in effect for the year in which Submission Form and related docu- the IFQ, RFQ, and GAF landings are mentation submitted by the IFQ per- made to calculate his or her fee liabil- mit holder or RQE. If the Regional Ad- ity for such landed IFQ, RFQ, and GAF. ministrator determines that the IFQ The IFQ permit holder or RQE must permit holder or RQE has not paid a use the IFQ fee percentage in effect at sufficient amount, the Regional Ad- the time an IFQ retro-payment is re- ministrator will: ceived by the IFQ permit holder to cal- culate his or her IFQ fee liability for (i) Disapprove transfer. Disapprove the IFQ retro-payment. any transfer of GAF, IFQ, or QS to or (e) Non-payment of fee. (1) If an IFQ from the IFQ permit holder or RQE in permit holder or RQE does not submit accordance with § 300.65(c) of this title a complete IFQ Permit Holder Fee and § 679.41(c), until the IFQ fee liabil- Submission Form and corresponding ity is reconciled, except that NMFS payment by the due date described in may return unused GAF to the IFQ § 679.45(a)(4), the Regional Adminis- permit holder’s account from which it trator will: was derived 15 days prior to the closing (i) Send Initial Administrative Deter- of the commercial halibut fishing sea- mination (IAD). Send an IAD to the IFQ son each year. permit holder or RQE stating that the (ii) Notify permit holder. Notify the estimated fee liability, as calculated IFQ permit holder or RQE by letter by the Regional Administrator and that an insufficient amount has been sent to the IFQ permit holder or RQE paid and that the IFQ permit holder pursuant to § 679.45(a)(2), is the amount has 30 days from the date of the letter of IFQ fee liability due from the IFQ to either pay the amount determined permit holder or RQE. An IFQ permit to be due or provide additional docu- holder or RQE who receives an IAD mentation to prove that the amount may appeal the IAD, as described in paid was the correct amount. paragraph (h) of this section. (2) After the expiration of the 30-day (ii) Disapprove transfer. Disapprove period, the Regional Administrator any transfer of GAF, IFQ, or QS to or will evaluate any additional docu- from the IFQ permit holder or RQE in mentation submitted by an IFQ permit accordance with § 300.65(c) of this title holder or RQE in support of its pay- and § 679.41(c), until the IFQ fee liabil- ment. If the Regional Administrator ity is reconciled, except that NMFS determines that the additional docu- may return unused GAF to the IFQ mentation does not meet the burden of

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proving the payment is correct, the Re- or the Regional Administrator initi- gional Administrator will send the IFQ ates a reconsideration, the 60-day pe- permit holder or RQE an IAD indi- riod for appeal under 15 CFR part 906 cating that the IFQ permit holder or will begin anew upon issuance of the RQE did not meet the burden of proof Regional Administrator’s reconsidered to change the IFQ fee liability as cal- IAD. The Regional Administrator may culated by the Regional Administrator undertake only one reconsideration of based upon the IFQ standard ex-vessel the IAD, if any. If an IFQ permit holder value. The IAD will set out the facts fails to file an appeal of the IAD pursu- and indicate the deficiencies in the ant to 15 CFR part 906, the IAD will be- documentation submitted by the IFQ come the final agency action. In any permit holder or RQE. An IFQ permit appeal or reconsideration of an IAD holder or RQE who receives an IAD made under this section, an IFQ permit may appeal the IAD, as described in paragraph (h) of this section. holder has the burden of proving his or (3) If the permit holder fails to file an her claim. appeal of the IAD pursuant to 15 CFR (i) Annual report. NMFS will publish part 906, the IAD will become the final annually a report describing the status agency action. of the IFQ Cost Recovery Program. (4) If the IAD is appealed and the [65 FR 14924, Mar. 20, 2000, as amended at 67 final agency action is a determination FR 4133, Jan. 28, 2002; 71 FR 44232, Aug. 4, that additional sums are due from the 2006; 76 FR 40633, July 11, 2011; 78 FR 75893, IFQ permit holder or RQE, the IFQ per- Dec. 12, 2013; 81 FR 23649, Apr. 22, 2016; 83 FR mit holder or RQE must pay any IFQ 47833, Sept. 21, 2018] fee amount determined to be due not later than 30 days from the issuance of Subpart E—North Pacific Observer the final agency action. (5) Upon final agency action deter- Program mining that an IFQ permit holder or RQE has not paid his or her IFQ fee li- SOURCE: 61 FR 56431, Nov. 1, 1996, unless ability, any IFQ fishing permit held by otherwise noted. the IFQ permit holder or RQE is not valid until all IFQ fee liabilities are § 679.50 Applicability. paid. (a) General. (1) The operator of a ves- (6) If payment is not received on or sel designated or required to be des- before the 30th day after the final agen- ignated on a Federal fisheries permit cy action, the matter will be referred (FFP) under § 679.4(b); the operator of a to the appropriate authorities for pur- processor designated or required to be poses of collection. designated on a Federal processor per- (g) Over payment. Upon issuance of mit (FPP) under § 679.4(f)(1) or a Reg- final agency action, any amount sub- istered Buyer permit under § 679.4(d)(3); mitted to NMFS in excess of the IFQ and the operator of a vessel used to fee liability determined to be due by harvest IFQ halibut, CDQ halibut, or the final agency action will be returned IFQ sablefish must comply with this to the IFQ permit holder or RQE unless subpart. The owner of a vessel or a the IFQ permit holder or RQE requests the agency to credit the excess amount shoreside processor must ensure that against the IFQ permit holder’s or the operator or manager complies with RQE’s future IFQ fee liability. this subpart. (h) Appeals and requests for reconsider- (2) Exceptions. A catcher vessel is not ation. An IFQ permit holder who re- subject to the requirements of this sub- ceives an IAD may either appeal the part when delivering unsorted codends IAD pursuant to 15 CFR part 906 or re- to a mothership. quest reconsideration. Within 60 days (3) For purposes of this subpart, hal- from the date of issuance of the IAD, ibut means CDQ and IFQ halibut. the Regional Administrator may un- (b) [Reserved] dertake a reconsideration of the IAD on his or her own initiative. If a re- [77 FR 70091, Nov. 21, 2012, as amended at 83 quest for reconsideration is submitted FR 30532, June 29, 2018]

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§ 679.51 Observer and Electronic Moni- pool. Owners and operators must com- toring System requirements for ves- ply with all further instructions set sels and plants. forth by ODDS. (a) Observer requirements for vessels— (C) Trip selection pool. (1) A minimum (1) Groundfish and halibut fishery partial of 72 hours prior to embarking on each coverage category—(i) Vessel classes in fishing trip, the operator of a vessel in partial coverage category. Unless other- the trip selection pool must register wise specified in paragraph (a)(2) of the anticipated trip with ODDS. this section, the following catcher ves- (2) When a fishing trip is registered sels and catcher/processors are in the with ODDS per paragraph partial coverage category when fishing (a)(1)(ii)(C)(1) of this section, the vessel for halibut with hook-and-line gear or operator will be notified by ODDS when directed fishing for groundfish in whether the trip is selected for ob- a federally managed or parallel ground- server coverage and a receipt number fish fishery, as defined at § 679.2: corresponding to this notification will (A) A catcher vessel designated on an be provided by ODDS. Trip registration FFP under § 679.4(b)(1); is complete when the vessel operator (B) A catcher vessel when fishing for receives a receipt number. halibut while carrying a person named (3) An operator may embark on a on a permit issued under § 679.4(d)(1)(i), fishing trip registered with ODDS: (d)(2)(i), or (e)(2), or for IFQ sablefish, (i) Not selected trip. At any time if as defined at § 679.2, while carrying a ODDS indicates that the fishing trip is person named on a permit issued under not selected for observer coverage. § 679.4(d)(1)(i) or (d)(2)(i); or (ii) Selected trip. When an observer is (C) A catcher/processor placed in the aboard the vessel if ODDS indicates partial coverage category under para- that the fishing trip is selected for ob- graph (a)(3) of this section; or server coverage. (D) A catcher vessel less than or (4) Delayed trip. A selected fishing equal to 46 ft LOA using hook-and-line trip not embarked upon within 48 hours gear when groundfish CDQ fishing of the time specified in the registration under § 679.32(c)(3)(iii). with ODDS is invalidated. The operator (ii) Registration and notification of ob- must register any new trip in accord- server deployment. The Observer Declare ance with paragraph (a)(1)(ii)(C)(1) of and Deploy System (ODDS) is the com- this section. munication platform for the partial (5) Observer coverage duration. If se- coverage category by which NMFS re- lected, a vessel is required to carry an ceives information about fishing plans observer for the entire fishing trip. subject to randomized observer deploy- (i) A fishing trip selected for observer ment. Vessel operators provide fishing coverage may not begin until all pre- plan and contact information to NMFS viously harvested fish has been and receive instructions through ODDS offloaded and an observer is aboard the for coordinating with an observer pro- vessel. vider for any required observer cov- (ii) An observer may not be trans- erage. Access to ODDS is available ferred off a catcher vessel until the ob- through the NMFS Alaska Region Web server confirms that all fish from the site at http://alaskafisheries.noaa.gov. observed fishing trip are offloaded. (A) Registration. NMFS will enter in- (iii) A vessel must make a minimum formation into ODDS about all partial of one delivery to a tender vessel to be coverage category vessels that are des- subject to paragraph (3)(ii) of the fish- ignated on an FFP and all catcher ves- ing trip definition at § 679.2. sels that are not designated on an FFP (D) Vessel selection pool. A vessel se- but that landed sablefish IFQ or hal- lected for observer coverage is required ibut IFQ or CDQ in the previous or cur- to have an observer on board for all rent year. Owners or operators are not groundfish and halibut fishing trips responsible for initial registration of specified at paragraph (a)(1)(i) of this their vessel in ODDS. section for the time period indicated (B) Notification. Upon entry into by ODDS. ODDS, NMFS will notify the owner or (iii) Release from observer coverage. operator of his or her vessel’s selection The Observer Program may release a

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selected trip per paragraph (a)(1)(ii)(C) catcher/processor for the remainder of of this section or a selected vessel per the calendar year. paragraph (a)(1)(ii)(D) of this section, (B) [Reserved] from observer coverage on a case-by- (v) [Reserved] case basis. (vi) Additional observer requirements— (2) Groundfish and halibut fishery full (A) CDQ fisheries. The owner or oper- observer coverage category—(i) Vessel ator of a vessel must comply with the classes in the full coverage category. The following requirements each day that following classes of vessels are in the the vessel is used to catch, process, de- full observer coverage category when liver, or receive CDQ groundfish. harvesting halibut or when harvesting, (1) Catcher/processors using trawl gear receiving, or processing groundfish in a and directed fishing for pollock CDQ in federally managed or parallel ground- the BSAI and motherships taking deliv- fish fishery, as defined at § 679.2: eries from catcher vessels directed fishing (A) Catcher/processors, except a for pollock CDQ in the BSAI. See para- catcher/processor placed in the partial graph (a)(2)(vi)(B)(2) of this section. observer coverage category under para- (2) Catcher/processors using trawl gear graph (a)(3) of this section; and groundfish CDQ fishing. See para- (B) Motherships; and graph (a)(2)(vi)(C) of this section. (C) Catcher vessels while: (3) Catcher/processors using hook-and- (1) Directed fishing for pollock in the line gear and groundfish CDQ fishing. BS; See paragraph (a)(2)(vi)(E) of this sec- (2) Using trawl gear or hook-and-line tion. gear when groundfish CDQ fishing (see (4) Catcher/processors using pot gear for § 679.2), except for catcher vessels less groundfish CDQ fishing. A catcher/proc- than or equal to 46 ft LOA using hook- essor using pot gear must have at least and-line gear when groundfish CDQ one lead level 2 observer aboard the fishing under § 679.32(c)(3)(iii); vessel. More than one observer must be (3) Participating in the Rockfish Pro- aboard if the observer workload re- gram; or striction would otherwise preclude (4) Using trawl gear in the BSAI if sampling as required. the vessel has been placed in the full (5) Motherships. A mothership that re- observer coverage category under para- ceives unsorted codends from catcher graph (a)(4) of this section. vessels groundfish CDQ fishing must (ii) Observer coverage requirements. Un- have at least two observers aboard the less subject to the partial observer cov- mothership, at least one of whom must erage category per paragraph (a)(1)(i) be endorsed as a lead level 2 observer. of this section, a vessel listed in para- More than two observers must be graphs (a)(2)(i)(A) through (C) of this aboard if the observer workload re- section must have at least one observer striction would otherwise preclude aboard the vessel at all times. Some sampling as required. fisheries require additional observer (B) BSAI pollock fisheries—(1) Listed coverage in accordance with paragraph AFA catcher/processors, catcher/proc- (a)(2)(vi) of this section. essors designated on listed AFA catcher/ (iii) Observer workload. The time re- processor permits, and AFA motherships. quired for an observer to complete The owner or operator of a listed AFA sampling, data recording, and data catcher/processor, a catcher/processor communication duties per paragraph designated on a listed AFA catcher/ (a)(2) of this section may not exceed 12 processor permit, or an AFA consecutive hours in each 24-hour pe- mothership must have aboard at least riod. two observers, at least one of whom (iv) Catcher/processor classification. (A) must be endorsed as a lead level 2 ob- For purposes of this subpart, a vessel is server, for each day that the vessel is classified as a catcher/processor ac- used to catch, process, or receive cording to the operation designation on groundfish. More than two observers its FFP. A vessel designated as a must be aboard if the observer work- catcher/processor at any time during load restriction would otherwise pre- the calendar year is classified as a clude sampling as required.

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(2) Pollock CDQ catcher/processors and would otherwise preclude sampling as motherships. The owner or operator of a required. catcher/processor or mothership used (D) Catcher/processors participating in to catch, process, or receive pollock the Rockfish Program—(1) Rockfish coop- CDQ must comply with the observer erative. A catcher/processor that is coverage requirements in paragraph named on an LLP license that is as- (a)(2)(vi)(B)(1) of this section for each signed to a rockfish cooperative and is day that the vessel is used to catch, fishing under a CQ permit must have at process, or receive pollock CDQ. least two observers aboard for each day (3) Unlisted AFA catcher/processors and that the vessel is used to catch or proc- catcher/processors designated on unlisted ess fish in the Central GOA from May AFA catcher/processor permits. The 1 through the earlier of November 15 or owner or operator of an unlisted AFA the effective date and time of an ap- catcher/processor or a catcher/proc- proved rockfish cooperative termi- essor designated on an unlisted AFA nation of fishing declaration. At least catcher/processor permit must have one observer must be endorsed as a aboard at least two observers for each lead level 2 observer. More than two day that the vessel is used to engage in observers must be aboard if the ob- directed fishing for pollock in the server workload restriction would oth- BSAI, or receive pollock harvested in erwise preclude sampling as required. the BSAI. At least one observer must (2) Rockfish sideboard fishery for catch- be endorsed as a lead level 2 observer. er/processors in a rockfish cooperative. A catcher/processor that is subject to a When a listed AFA catcher/processor is sideboard limit as described under not engaged in directed fishing for § 679.82(e) must have at least two ob- BSAI pollock and is not receiving pol- servers aboard for each day that the lock harvested in the BSAI, the ob- vessel is used to harvest or process fish server coverage requirements at para- in the West Yakutat District, Central graph (a)(2)(ii) of this section apply. GOA, or Western GOA management (4) AI directed pollock fishery catcher/ areas from July 1 through July 31. At processors and motherships. A catcher/ least one observer must be endorsed as processor participating in the AI di- a lead level 2 observer. More than two rected pollock fishery or a mothership observers must be aboard if the ob- processing pollock harvested in the AI server workload restriction would oth- directed pollock fishery must have erwise preclude sampling as required. aboard at least two observers, at least (E) Longline catcher/processor sub- one of which must be endorsed as a sector. The owner and operator of a lead level 2 observer, for each day that catcher/processor subject to § 679.100(b) the vessel is used to catch, process, or must comply with the following ob- receive groundfish. More than two ob- server coverage requirements: servers must be aboard if the observer (1) Increased observer coverage option. workload restriction would otherwise If the vessel owner selects the in- preclude sampling as required. creased observer coverage option under (C) Amendment 80 vessels and catcher/ § 679.100(b)(1), at least two observers processors not listed in § 679.4(1)(2)(i) and must be aboard the vessel at all times using trawl gear in the BSAI. All Amend- when the vessel is operating in either ment 80 vessels using any gear but the BSAI or GOA groundfish fisheries dredge gear while directed fishing for when directed fishing for Pacific cod is scallops and catcher/processors not open in the BSAI, or while the vessel is listed in § 679.4(1)(2)(i) and using trawl groundfish CDQ fishing. At least one of gear in the BSAI must have aboard at the observers must be endorsed as a least two observers for each day that lead level 2 observer. More than two the vessel is used to catch, process, or observers are required if the observer receive groundfish harvested in a feder- workload restriction would otherwise ally managed or parallel groundfish preclude sampling as required. fishery. At least one observer must be (2) Scales option. If the vessel owner endorsed as a lead level 2 observer. selects the scales option under More than two observers are required if § 679.100(b)(2), one lead level 2 observer the observer workload restriction must be aboard the vessel at all times

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when the vessel is operating in either (C) Is not subject to additional ob- the BSAI or GOA groundfish fisheries server coverage requirements in para- when directed fishing for Pacific cod is graph (a)(2)(vi) of this section. open in the BSAI, or while the vessel is (iv) How to request placement of a groundfish CDQ fishing. catcher/processor in partial observer cov- (3) Catcher/processor placement in the erage. A vessel owner must submit a re- partial observer coverage category for a quest form to NMFS. The request form year—(i) Definitions. For purposes of must be completed with all required this paragraph (a)(3), these terms are fields accurately completed. The re- defined as follows: quest form is provided by NMFS and is (A) Average weekly groundfish produc- available on the NMFS Alaska Region tion means the annual groundfish Web site (http:// round weight production estimate for a alaskafisheries.noaa.gov). The submittal catcher/processor, divided by the num- methods are described on the form. ber of separate weeks during which (v) Notification of placement in the par- production occurred, as determined by tial observer coverage category. NMFS production reports, excluding any will notify the owner if the catcher/ groundfish caught using trawl gear. processor has been placed in the partial (B) Fishing year means the year dur- observer coverage category in writing. ing which a catcher/processor might be Until NMFS provides notification, the placed in partial observer coverage. catcher/processor is in the full observer (C) Standard basis year means the coverage category for that fishing fishing year minus two years. year. (D) Alternate basis year means the (vi) Initial Administrative Determina- most recent year before the standard tion (IAD). If NMFS denies a request to basis year in which a catcher/processor place a catcher/processor in the partial had any groundfish production but not observer coverage category, NMFS will earlier than 2009. provide an IAD, which will explain the (ii) Deadline for requesting partial ob- basis for the denial. server coverage. For the 2017 fishing (vii) Appeal. If the owner of a catcher/ year and every fishing year after 2017, processor wishes to appeal NMFS’ de- the deadline for requesting partial ob- nial of a request to place a catcher/ server coverage is July 1 of the year processor in the partial observer cov- prior to the fishing year. erage category, the owner may appeal (iii) Requirements for placing a catcher/ the determination under the appeals processor in the partial observer coverage procedure set out at 15 CFR part 906. category. NMFS will place a catcher/ (4) BSAI trawl catcher vessel placement processor in the partial observer cov- in the full observer coverage category for erage category for a fishing year if the one year—(i) Applicability. The owner of owner of the catcher/processor requests a catcher vessel in the partial observer placement in partial observer coverage coverage category under paragraph by the deadline for requesting partial (a)(1)(i) of this section may request to observer coverage for that fishing year be placed in the full observer coverage and the catcher/processor meets the category for all directed fishing for following requirements: groundfish using trawl gear in the (A) An average weekly groundfish BSAI for a calendar year. production of: (ii) How to request full observer cov- (1) 79,000 lb (35.8 mt) or less, but more erage for one year. A trawl catcher ves- than zero lb, in the standard basis year; sel owner must complete a full ob- or server coverage request and submit it (2) Zero lb in the standard basis year to NMFS using ODDS. ODDS is de- and 79,000 lb (35.8 mt) or less, but more scribed in paragraph (a)(1)(ii) of this than zero lb, in the alternate basis section. year; or (iii) Deadline to request full observer (3) Had no production from 2009 coverage. A full observer coverage re- through the standard basis year; and quest must be submitted by October 15 (B) Is not a catcher/processor using of the year prior to the calendar year trawl gear; and in which the catcher vessel would be

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placed in the full observer coverage each 12 consecutive-hour period of each category. calendar day during which the proc- (iv) Notification. NMFS will notify essor takes delivery of, or processes, the vessel owner through ODDS of ap- groundfish harvested by a vessel en- proval or denial to place a trawl catch- gaged in a directed pollock fishery in er vessel in the full observer coverage the BS. An AFA inshore processor that, category. Unless otherwise specified in for more than 12 consecutive hours in a paragraph (a)(2) of this section, a trawl calendar day, takes delivery of or proc- catcher vessel remains in the partial esses pollock harvested in the BS di- observer coverage category under para- rected pollock fishery must provide graph (a)(1)(i) of this section until a re- two observers for each such day. quest to place a trawl catcher vessel in (ii) Multiple processors. An observer the full observer coverage category has deployed to an AFA inshore processor been approved by NMFS. Once place- may not be assigned to cover more ment in the full observer coverage cat- than one processor during a calendar egory is approved by NMFS, a trawl day in which the processor receives or catcher vessel cannot be placed in the processes pollock harvested in the BS partial observer coverage category directed pollock fishery. until the following year. (iii) Observers transferring between ves- (v) Initial Administrative Determination sels and processors. An observer trans- (IAD). If NMFS denies a request to ferring from an AFA catcher vessel to place a trawl catcher vessel in the full an AFA inshore processor may not be observer coverage category, NMFS will assigned to cover the AFA inshore provide an IAD, which will explain the processor until at least 12 hours after basis for the denial. offload and sampling of the catcher (vi) Appeal. If the owner of a trawl vessel’s delivery is completed. catcher vessel wishes to appeal NMFS’ (c) NMFS employee observers. (1) Any denial of a request to place a trawl vessel, shoreside processor, or sta- catcher vessel in the full observer cov- tionary floating processor required to erage category, the owner may appeal the determination under the appeals comply with observer coverage require- procedure set out at 15 CFR part 906. ments under paragraphs (a) or (b) of (b) Observer requirements for shoreside this section or under § 679.7(f)(4) must processors and stationary floating proc- use, upon written notification by the essors—(1) Shoreside processor and sta- Regional Administrator, a NMFS em- tionary floating processor partial observer ployee to satisfy observer coverage re- coverage category. (i) Unless otherwise quirements as specified in paragraphs specified in paragraph (b)(2) of this sec- (a) and (b) of this section or for other tion, a shoreside processor or a sta- conservation and management pur- tionary floating processor designated poses as specified by the Regional Ad- or required to be designated on an FPP ministrator. under § 679.4(f)(1) is in the partial ob- (2) Prior to deployment of a NMFS server coverage category when receiv- employee, the agency will provide writ- ing or processing groundfish harvested ten notification to the owner or oper- in federally managed or parallel ator of a vessel, shoreside processor, or groundfish fisheries, as defined at stationary floating processor whether § 679.2. observer coverage credit will be grant- (ii) Coverage. The manager of a shore- ed for that deployment. side processor or stationary floating (3) Vessel, shoreside processor, and processor must provide observers ac- stationary floating processor owners cess to unsorted and sorted catch any and operators, as well as observers and time an observer is present at the facil- observer providers, may contact NMFS ity. in writing to request assistance in im- (2) Shoreside processor and stationary proving observer data quality and re- floating processor full observer coverage solving observer sampling issues. Re- category. An AFA inshore processor is quests may be submitted to: NMFS Ob- in the full observer coverage category. server Program, 7600 Sand Point Way (i) Coverage level. An AFA inshore NE., Seattle, WA 98115–0070 or trans- processor must provide an observer for mitted by facsimile to 206–526–4066.

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(d) Procurement of observer services—(1) (3) A valid certificate of inspection Full coverage category. (i) The owner of pursuant to 46 U.S.C. 3311. a vessel, shoreside processor, or sta- (iii) Communications and observer data tionary floating processor required to entry—(A) Observer use of equipment. have full observer coverage under para- Allow an observer to use the vessel’s graphs (a)(2) and (b)(2) of this section communications equipment and per- must arrange and pay for observer sonnel, on request, for the confidential services from a permitted observer pro- entry, transmission, and receipt of vider. work-related messages, at no cost to (ii) The owner of a vessel, shoreside the observer or the United States. processor, or stationary floating proc- (B) The operator of a catcher/proc- essor is required to arrange and pay for essor (except for a catcher/processor observer services directly from NMFS placed in the partial observer coverage when the agency has determined and category under paragraph (a)(3) of this notified them under paragraph (c) of section), mothership, or catcher vessel this section that the vessel, shoreside 125 ft LOA or longer (except for a processor, or stationary floating proc- catcher vessel fishing for groundfish essor shall use a NMFS employee or in- with pot gear) must provide the fol- dividual authorized by NMFS in lieu of, lowing equipment, software and data or in addition to, an observer provided transmission capabilities: through a permitted observer provider (1) Observer access to computer. Make a to satisfy requirements under para- computer available for use by the ob- graphs (a)(2) and (b)(2) of this section server. or for other conservation and manage- (2) NMFS-supplied software. Ensure ment purposes. that the most recent release of NMFS (2) Partial coverage category. The data entry software provided by the owner of a vessel in the partial ob- Regional Administrator or other ap- server coverage category per paragraph proved software is installed on the (a)(1) of this section must comply with computer described in paragraph instructions provided by ODDS to pro- (e)(1)(iii)(B)(1) of this section. cure observer coverage for the required (3) Data transmission. The computer duration. and software described in paragraphs (e) Responsibilities—(1) Vessel respon- (e)(1)(iii)(B)(1) and (2) of this section sibilities. An operator of a vessel re- must be connected to a communication quired to carry one or more observers device that provides a point-to-point must: connection to the NMFS host com- (i) Accommodations and food. Provide, puter. at no cost to observers or the United (4) Functional and operational equip- States, accommodations and food on ment. Ensure that the required equip- the vessel for the observer or observers ment described in paragraph that are equivalent to those provided (e)(1)(iii)(B) of this section and that is for officers, engineers, foremen, deck- used by an observer to enter or trans- bosses, or other management level per- mit data is fully functional and oper- sonnel of the vessel. ational. ‘‘Functional’’ means that all (ii) Safe conditions. (A) Maintain safe the tasks and components of the conditions on the vessel for the protec- NMFS-supplied, or other approved, tion of observers including adherence software described in paragraph to all U.S. Coast Guard and other ap- (e)(1)(iii)(B)(2) of this section and any plicable rules, regulations, or statutes required data transmissions to NMFS pertaining to safe operation of the ves- can be executed effectively aboard the sel. vessel by the equipment. (B) Have on board: (C) The operator of a catcher vessel (1) A valid Commercial Fishing Ves- participating in the Rockfish Program sel Safety Decal issued within the past or a catcher vessel less than 125 ft LOA 2 years that certifies compliance with directed fishing for pollock in the BS regulations found in 33 CFR Chapter I must comply with the computer and and 46 CFR Chapter I; software requirements described in (2) A certificate of compliance issued paragraphs (e)(1)(iii)(B)(1), (2), and (4) pursuant to 46 CFR 28.710; or of this section.

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(iv) Vessel position. Allow observers belongings, equipment, and scientific access to, and the use of, the vessel’s samples. navigation equipment and personnel, (C) Provide a safe pilot ladder and on request, to determine the vessel’s conduct the transfer to ensure the safe- position. ty of observers during transfers. (v) Access. Allow observers free and (D) Provide an experienced crew unobstructed access to the vessel’s member to assist observers in the bridge, trawl or working decks, holding small boat or raft in which any trans- bins, processing areas, freezer spaces, fer is made. weight scales, cargo holds, and any (2) Shoreside processor and stationary other space that may be used to hold, floating processor responsibilities. A man- process, weigh, or store fish or fish ager of a shoreside processor or a sta- products at any time. tionary floating processor that is re- (vi) Prior notification. Notify observ- quired to maintain observer coverage ers at least 15 minutes before fish are as specified under paragraph (b) of this brought on board, or fish and fish prod- section must: ucts are transferred from the vessel, to (i) Safe conditions. Maintain safe con- allow sampling the catch or observing ditions at the shoreside processing fa- the transfer, unless the observers spe- cility for the protection of observers by cifically request not to be notified. adhering to all applicable rules, regula- (vii) Records. Allow observers to in- tions, or statutes pertaining to safe op- spect and copy the vessel’s DFL, DCPL, eration and maintenance of the proc- product transfer forms, any other log- essing facility. book or document required by regula- (ii) Operations information. Notify the tions, printouts or tallies of scale observers, as requested, of the planned weights, scale calibration records, bin facility operations and expected re- sensor readouts, and production ceipt of groundfish prior to receipt of records. those fish. (viii) Assistance. Provide all other (iii) Transmission of data. Facilitate reasonable assistance to enable observ- transmission of observer data by: ers to carry out their duties, including, (A) Observer use of equipment. Allow- but not limited to: ing observers to use the shoreside proc- (A) Measuring decks, codends, and essor’s or stationary floating proc- holding bins. essor’s communication equipment and (B) Providing the observers with a personnel, on request, for the entry, safe work area adjacent to the sample transmission, and receipt of work-re- collection site. lated messages, at no cost to the ob- (C) Collecting bycatch when re- servers or the United States. quested by the observers. (B) Communication equipment require- (D) Collecting and carrying baskets ments—(1) Observer access to computer. of fish when requested by observers. Making a computer available for use (E) Allowing observers to determine by the observer. This computer must the sex of fish when this procedure will be connected to a communication de- not decrease the value of a significant vice that provides a point-to-point con- portion of the catch. nection to the NMFS host computer. (F) Collecting all seabirds that are (2) NMFS-supplied software. Ensuring incidentally taken on the observer- that the shoreside or stationary float- sampled portions of hauls using hook- ing processor specified in paragraph and-line gear or as requested by an ob- (e)(2) of this section has installed the server during non-sampled portions of most recent release of NMFS data hauls. entry software provided by the Re- (ix) Transfer at sea. (A) Ensure that gional Administrator, or other ap- transfers of observers at sea are carried proved software. out during daylight hours, under safe (3) Functional and operational equip- conditions, and with the agreement of ment. Ensuring that the communica- observers involved. tions equipment required under para- (B) Notify observers at least 3 hours graph (e)(2)(iii)(B) of this section that before observers are transferred, such is used by observers to enter and trans- that the observers can collect personal mit data is functional and operational.

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‘‘Functional’’ means that all the tasks (ii) How to request placement in the EM and components of the NMFS-supplied, selection pool. A vessel owner or oper- or other approved, software described ator must complete an EM request and at paragraph (e)(2)(iii)(B)(2) of this sec- submit it to NMFS using ODDS. Access tion and any data transmissions to to ODDS is available through the NMFS can be executed effectively by NMFS Alaska Region Web site at http:// the communications equipment. alaskafisheries.noaa.gov. ODDS is de- (iv) Access. Allow observers free and scribed in paragraph (a)(1)(ii) of this unobstructed access to the shoreside section. processor’s or stationary floating proc- (iii) Deadline to submit an EM request. essor’s holding bins, processing areas, A vessel owner or operator must sub- freezer spaces, weight scales, ware- mit an EM request in ODDS by Novem- houses, and any other space that may ber 1 of the year prior to the calendar be used to hold, process, weigh, or store year in which the catcher vessel would fish or fish products at any time. be placed in the EM selection pool. (v) Document access. Allow observers (iv) Approval for placement in the EM to inspect and copy the shoreside proc- selection pool. NMFS will approve a essor’s or stationary floating proc- nontrawl gear vessel for placement in essor’s landing report, product transfer the EM selection pool based on criteria forms, any other logbook or document specified in NMFS’ Annual Deployment required by regulations; printouts or Plan, available through the NMFS tallies of scale weights; scale calibra- Alaska Region Web site at http:// tion records; bin sensor readouts; and alaskafisheries.noaa.gov. Criteria may production records. include, but are not limited to, avail- ability of EM systems, vessel gear (vi) Assistance. Provide all other rea- type, vessel length, area fished, number sonable assistance to enable the ob- of trips or total catch, sector, target server to carry out his or her duties, fishery, and home or landing port. including, but not limited to: (v) Notification of approval for place- (A) Assisting the observer in moving ment in the EM selection pool. (A) NMFS and weighing totes of fish. will notify the vessel owner or operator (B) Providing a secure place to store through ODDS of approval for the EM sampling gear. selection pool for the next calendar (3) The owner of a vessel, shoreside year. The vessel remains subject to ob- processor, stationary floating proc- server coverage under paragraph essor, buying station, or tender vessel (a)(1)(i) of this section unless NMFS is responsible for compliance and must approves the request for placement of ensure that the operator or manager of the vessel in the EM selection pool. a vessel, shoreside processor, or sta- (B) Once the vessel owner or operator tionary floating processor required to receives notification of approval from maintain observer coverage under NMFS, the vessel owner or operator paragraphs (a) or (b) of this section must comply with the vessel owner or complies with the requirements given operator responsibilities in paragraphs in paragraphs (e)(1) and (e)(2) of this (f)(4) and (5) of this section and all fur- section. ther instructions set forth by ODDS. (f) Electronic monitoring system require- (vi) Initial Administrative Determina- ments for vessels that use nontrawl gear. tion (IAD). If NMFS denies a request to Vessels that use nontrawl gear in the place a vessel in the EM selection pool, partial coverage category in paragraph NMFS will provide an IAD to the vessel (a)(1)(i) of this section may be eligible owner, which will explain the basis for for EM coverage instead of observer the denial. coverage. (vii) Appeal. If the vessel owner wish- (1) Vessel placement in the EM selection es to appeal NMFS’ denial of a request pool—(i) Applicability. The owner or op- to place the vessel in the EM selection erator of a vessel that uses nontrawl pool, the owner may appeal the deter- gear in the partial coverage category mination under the appeals procedure under paragraph (a)(1)(i) of this section set out at 15 CFR part 906. may request to be placed in the EM se- (viii) Duration. Once NMFS approves lection pool. a vessel for the EM selection pool, that

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vessel will remain in the EM selection erator must use ODDS to close the pool until— fishing trip following the instructions (A) NMFS disapproves the VMP in the VMP and submit the video data under paragraph (f)(4) of this section; storage devices and associated docu- (B) The vessel owner or operator no- mentation as outlined in paragraph tifies NMFS that the vessel intends to (f)(5)(vii) of this section. leave the EM selection pool in the fol- (4) Vessel Monitoring Plan (VMP). lowing fishing year under paragraph Once approved for the EM selection (f)(1)(ix) of this section; or pool and prior to registering a fishing (C) The vessel no longer meets the trip in ODDS under paragraph (f)(2) of EM selection pool criteria specified by this section, the vessel owner or oper- NMFS. ator must develop a VMP with the EM (ix) How to leave the EM selection pool. service provider following the VMP A vessel owner must complete a re- template available through the NMFS quest to leave the EM selection pool Alaska Region Web site at https:// and submit it to NMFS using ODDS. alaskafisheries.noaa.gov/. ODDS is described in paragraph (i) The vessel owner or operator must (a)(1)(ii) of this section. sign and submit the VMP to NMFS (x) Deadline to submit a request to leave each calendar year. A vessel owner or the EM selection pool. (ii) NMFS will approve the VMP for operator must submit a request to the calendar year if it meets all the re- leave the EM selection pool by Novem- quirements specified in the VMP tem- ber 1 of the year prior to the calendar plate available through the NMFS year in which the vessel would be Alaska Region Web site https:// placed in observer coverage. alaskafisheries.noaa.gov/. (2) Notification of EM selection—(i) Prior to embarking on each fishing (iii) If the VMP does not meet all the trip, the operator of a vessel in the EM requirements specified in the VMP selection pool with a NMFS-approved template, NMFS will provide the vessel VMP must register the anticipated trip owner or operator the opportunity to with ODDS. submit a revised VMP that meets all (ii) ODDS will notify the vessel oper- the requirements specified in the VMP ator whether the trip is selected for template. EM coverage and provide a receipt (iv) If NMFS does not approve the re- number corresponding to this notifica- vised VMP, NMFS will issue an IAD to tion. Trip registration is complete the vessel owner or operator that will when the vessel operator receives the explain the basis for the disapproval. receipt number. The vessel owner or operator may file (iii) An operator may embark on a an administrative appeal under the ad- fishing trip registered with ODDS: ministrative appeals procedures set out (A) Not selected trip. At any time if at 15 CFR part 906. ODDS indicates that the fishing trip is (v) If changes are required to the not selected for EM coverage. VMP to improve the data collection of (B) Selected trip. After the vessel oper- the EM system or address fishing oper- ator follows the instructions in ODDS ation changes, the vessel owner or op- and complies with the responsibilities erator must work with NMFS and the under paragraphs (f)(4) and (5) of this EM service provider to alter the VMP. section, if ODDS indicates that the The vessel owner or operator must sign fishing trip is selected for EM cov- the updated VMP and submit these erage. changes to the VMP to NMFS prior to (3) EM coverage duration. If selected, a departing on the next fishing trip se- vessel is required to use the EM system lected for EM coverage. for the entire fishing trip. (5) Vessel owner or operator responsibil- (i) A fishing trip selected for EM cov- ities. To use an EM system under this erage may not begin until all pre- section, the vessel owner or operator viously harvested fish have been must: offloaded. (i) Make the vessel available for the (ii) At the end of the fishing trip se- installation of EM equipment by an EM lected for EM coverage, the vessel op- service provider.

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(ii) Provide access to the vessel’s sys- for low priority malfunctions described tems and reasonable assistance to the in the vessel’s VMP. At the end of the EM service provider. trip the vessel operator must work (iii) Maintain a copy of a NMFS-ap- with the EM service provider to repair proved VMP aboard the vessel at all the malfunction. The vessel operator times when the vessel is directed fish- may not depart on another fishing trip ing in a fishery subject to EM cov- selected for EM coverage with this sys- erage. tem malfunction unless the vessel op- (iv) Comply with all elements of the erator has contacted the EM service VMP when selected for EM coverage in provider. ODDS. (B) During a fishing trip selected for (v) Maintain the EM system, includ- EM coverage, before each set is re- ing the following: trieved the vessel operator must verify (A) Ensure power is maintained to all cameras are recording and all sen- the EM system at all times when the sors and other required EM system vessel is underway. components are functioning as in- (B) Ensure the system is functioning structed in the vessel’s VMP. for the entire fishing trip, camera (1) If a malfunction is detected, prior views are unobstructed and clear in to retrieving the set the vessel oper- quality, and catch and discards may be ator must attempt to correct the prob- completely viewed, identified, and lem using the instructions in the ves- quantified. sel’s VMP. (C) Ensure EM system components (2) If the malfunction cannot be re- are not tampered with, disabled, de- paired at sea, the vessel operator must stroyed, or operated or maintained im- notify the EM service provider of the properly. malfunction at the end of the fishing (vi) Complete pre-departure function trip. The malfunction must be repaired test and daily verification of EM sys- prior to departing on a subsequent fish- tem. ing trip selected for EM coverage. (A) Prior to departing port, the ves- (vii) At the end of a fishing trip se- sel operator must conduct a system lected for EM coverage, the vessel op- function test following the instructions erator must submit the video data from the EM service provider. The ves- storage device and associated docu- sel operator must verify that the EM mentation identified in the vessel’s system has adequate memory to record VMP to NMFS using a method that re- the entire fishing trip. quires a signature for delivery and pro- (1) If the EM system function test de- vides a return receipt or delivery noti- tects a malfunction identified as a high fication to the sender. The vessel oper- priority in the vessel’s VMP or does ator must postmark the video data not allow the data collection objectives storage device and associated docu- to be achieved, the vessel must remain mentation no later than 2 business in port for up to 72 hours to allow an days after the end of the fishing trip. If EM service provider time to conduct the fishing trip ends in a remote port repairs. If the repairs cannot be com- with limited postal service or at a ten- pleted within the 72-hour time frame, der vessel, the vessel operator must en- the vessel is released from EM cov- sure the video data storage device and erage for that fishing trip and may de- associated documentation is post- part on the scheduled fishing trip. A marked as soon as possible but no later malfunction must be repaired prior to than two weeks after the end of the departing on a subsequent fishing trip. fishing trip. The vessel will automatically be se- (viii) Make the EM system and asso- lected for EM coverage for the subse- ciated equipment available for inspec- quent fishing trip after the malfunc- tion upon request by OLE, a NMFS-au- tion has been repaired. thorized officer, or other NMFS-au- (2) If the EM system function test de- thorized personnel. tects a malfunction identified as a low (6) EM for fishing in multiple regulatory priority in the vessel’s VMP, the vessel areas. If a vessel owner or operator in- operator may depart on the scheduled tends to fish in multiple regulatory fishing trip following the procedures areas using an EM system under the

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exception provided at § 679.7(f)(4), the including but not limited to owners, vessel owner or operator must: board members, officers, authorized (i) Meet the requirements described agents, and other employees. If the ap- in paragraph (f) of this section. plicant is a corporation, the articles of (ii) Register in ODDS that he or she incorporation must be provided. If the intends to fish in multiple regulatory applicant is a partnership, the partner- areas using the exception in § 679.7(f)(4). ship agreement must be provided. (iii) Ensure the EM system is pow- (ii) Contact information—(A) Owner(s) ered continuously during the fishing information. The permanent mailing ad- trip. If the EM system is powered down dress, phone and fax numbers where during periods of non-fishing, the VMP the owner(s) can be contacted for offi- must describe alternate methods to en- cial correspondence. sure location information about the (B) Business information. Current vessel is available for the entire fishing physical location, business mailing ad- trip, as specified in the VMP template dress, business telephone and fax num- available through the NMFS Alaska bers, and business email address for Region Web site https:// each office. alaskafisheries.noaa.gov/. (C) Authorized agent. For an observer (iv) If an EM system malfunction oc- provider with ownership based outside curs during a fishing trip that does not the United States, identify an author- allow the recording of retrieval loca- ized agent and provide contact infor- tion information and imagery of catch mation for that agent including mail- as described in the vessel’s VMP, the ing address and phone and fax numbers vessel operator must cease fishing and where the agent can be contacted for contact OLE immediately. official correspondence. An authorized [77 FR 70091, Nov. 21, 2012, as amended at 79 agent means a person appointed and FR 54601, Sept. 12, 2014; 81 FR 26745, May 4, maintained within the United States 2016; 81 FR 37556, June 10, 2016; 81 FR 67117, who is authorized to receive and re- Sept. 30, 2016; 81 FR 70607, Oct. 13, 2016; 81 FR spond to any legal process issued in the 95457, Dec. 28, 2016; 82 FR 37002, Aug. 8, 2017; 83 FR 30532, 30533, June 29, 2018] United States to an owner or employee of an observer provider. Any diplo- § 679.52 Observer provider permitting matic official accepting such an ap- and responsibilities. pointment as designated agent waives (a) Observer provider permit—(1) Per- diplomatic or other immunity in con- mit. The Regional Administrator may nection with the process. issue a permit authorizing a person’s (iii) A statement signed under pen- participation as an observer provider alty of perjury from each owner, or for operations requiring full observer owners, board members, and officers if coverage per § 679.51(a)(2) and (b)(2). a corporation, that they have no con- Persons seeking to provide observer flict of interest as described in para- services under this section must obtain graph (c) of this section. an observer provider permit from (iv) A statement signed under pen- NMFS. alty of perjury from each owner, or (2) New observer provider. An applicant owners, board members, and officers if seeking an observer provider permit a corporation, describing any criminal must submit a completed application convictions, Federal contracts they by fax or mail to the Observer Program have had and the performance rating at the address listed at § 679.51(c)(3). they received on the contract, and pre- (3) Contents of application. An applica- vious decertification action while tion for an observer provider permit working as an observer or observer pro- shall consist of a narrative that con- vider. tains the following: (v) A description of any prior experi- (i) Identification of the management, ence the applicant may have in placing organizational structure, and owner- individuals in remote field and/or ma- ship structure of the applicant’s busi- rine work environments. This includes, ness, including identification by name but is not limited to, recruiting, hir- and general function of all controlling ing, deployment, and personnel admin- management interests in the company, istration.

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(vi) A description of the applicant’s (7) Expiration of observer provider per- ability to carry out the responsibilities mit. (i) An observer provider permit and duties of an observer provider as will expire after a period of 12 contin- set out under paragraph (b) of this sec- uous months during which no observers tion, and the arrangements to be used. are deployed by the provider under this (4) Application evaluation. (i) The Re- section to the North Pacific groundfish gional Administrator will establish an or halibut industry. observer provider permit application (ii) The Regional Administrator will review board, comprised of NMFS em- provide a written initial administra- ployees, to review and evaluate an ap- tive determination (IAD) of permit ex- plication submitted under paragraph piration to an observer provider if (a) of this section. The review board NMFS’ deployment records indicate will evaluate the completeness of the that the observer provider has not de- application, the application’s consist- ployed an observer during a period of 12 ency with needs and objectives of the continuous months. An observer pro- observer program, or other relevant vider who receives an IAD of permit ex- factors. If the applicant is a corpora- piration may appeal under § 679.43. An tion, the review board also will evalu- observer provider that appeals an IAD ate the following criteria for each will be issued an extension of the expi- owner, or owners, board members, and ration date of the permit until after officers: the final resolution of the appeal. (A) Absence of conflict of interest as (8) Sanctions. Procedures governing defined under paragraph (c) of this sec- sanctions of permits are found at sub- tion; part D of 15 CFR part 904. (B) Absence of criminal convictions (b) Responsibilities of observer pro- related to: viders. An observer provider that sup- (1) Embezzlement, theft, forgery, plies observers for operations requiring bribery, falsification or destruction of full observer coverage per § 679.51(a)(2) records, making false statements or re- and (b)(2) must: ceiving stolen property, or (1) Provide qualified candidates to serve (2) The commission of any other as observers. (i) To be a qualified can- crimes of dishonesty, as defined by didate an individual must have: Alaska State law or Federal law, that (A) A Bachelor’s degree or higher would seriously and directly affect the from an accredited college or univer- fitness of an applicant in providing ob- sity with a major in one of the natural server services under this section; sciences; (C) Satisfactory performance ratings (B) Successfully completed a min- on any Federal contracts held by the imum of 30 semester hours or equiva- applicant; and lent in applicable biological sciences (D) Absence of any history of decerti- with extensive use of dichotomous keys fication as either an observer or ob- in at least one course; server provider; (C) Successfully completed at least (ii) [Reserved] one undergraduate course each in math (5) Agency determination on an applica- and statistics with a minimum of 5 se- tion. NMFS will send a written deter- mester hours total for both; and mination to the applicant. If an appli- (D) Computer skills that enable the cation is approved, NMFS will issue an candidate to work competently with observer provider permit to the appli- standard database software and com- cant. If an application is denied, the puter hardware. reason for denial will be explained in (ii) Prior to hiring an observer can- the written determination. didate, the observer provider must pro- (6) Transferability. An observer pro- vide to the candidate copies of NMFS- vider permit is not transferable. An ob- prepared pamphlets and other informa- server provider that experiences a tion describing observer duties. change in ownership that involves a (iii) For each observer employed by new person must submit a new permit an observer provider, either a written application and cannot continue to op- contract or a written contract adden- erate until a new permit is issued dum must exist that is signed by the under this paragraph (a). observer and observer provider prior to

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the observer’s deployment and that in- conduct and behavior for their employ- cludes the following conditions for con- ees that serve as observers. The policy tinued employment: shall address the following behavior (A) That all the observer’s in-season and conduct regarding: catch messages between the observer (A) Observer use of alcohol; and NMFS are delivered to the Ob- (B) Observer use, possession, or dis- server Program at least every 7 days, tribution of illegal drugs; and unless otherwise specified by the Ob- (C) Sexual contact with personnel of server Program; the vessel or processing facility to (B) That the observer completes in- which the observer is assigned, or with person mid-deployment data reviews, any vessel or processing plant per- unless: sonnel who may be substantially af- (1) The observer is specifically ex- fected by the performance or non-per- empted by the Observer Program, or formance of the observer’s official du- (2) The observer does not at any time ties. during his or her deployment travel through a location where an Observer (ii) An observer provider shall pro- Program employee is available for an vide a copy of its conduct and behavior in-person data review and the observer policy: completes a phone or fax mid-deploy- (A) To observers, observer can- ment data review as described in the didates; and Observer Sampling Manual; and (B) By February 1 of each year to the (C) The observer informs the observer Observer Program. provider prior to the time of embar- (4) Assign observer to vessels and proc- kation if he or she is experiencing any essors. An observer provider must as- new mental illness or physical ail- sign to vessels or shoreside or floating ments or injury since submission of the processors only observers: physician’s statement as required in (i) With valid North Pacific ground- paragraph (b)(11)(iii) of this section fish and halibut observer certifications that would prevent him or her from and endorsements to provide observer performing his or her assigned duties; services; (2) Ensure an observer completes duties (ii) Who have not informed the pro- in a timely manner. An observer pro- vider prior to the time of embarkation vider must ensure that an observer em- that he or she is experiencing a mental ployed by that observer provider per- illness or a physical ailment or injury forms the following in a complete and developed since submission of the phy- timely manner: sician’s statement, as required in para- (i) When an observer is scheduled for graph (b)(11)(iii) of this section that a final deployment debriefing under would prevent him or her from per- paragraph (b)(11)(v) of this section, sub- forming his or her assigned duties; and mit to NMFS all data, reports required (iii) Who have successfully completed by the Observer Sampling Manual, and all NMFS required training and brief- biological samples from the observer’s deployment by the completion of the ing before deployment. electronic vessel and/or processor sur- (5) Respond to industry requests for ob- vey(s); servers. An observer provider must pro- (ii) Complete NMFS electronic vessel vide an observer for deployment as re- and/or processor surveys before per- quested by vessels and processors to forming other jobs or duties that are fulfill vessel and processor require- not part of NMFS groundfish observer ments for observer coverage under requirements; § 679.51(a) and (b). An alternate ob- (iii) Report for his or her scheduled server must be supplied in each case debriefing and complete all debriefing where injury or illness prevents the ob- responsibilities; and server from performing his or her du- (iv) Return all sampling and safety ties or where the observer resigns prior gear to the Observer Program. to completion of his or her duties. (3) Observer conduct. (i) An observer (6) Provide observer salaries and bene- provider must develop, maintain, and fits. An observer provider must provide implement a policy addressing observer to its observer employees, salaries and

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any other benefits and personnel serv- ator or at least one crew member is ices in accordance with the terms of aboard. each observer’s contract. (v) Each observer deployed to a (7) Provide observer deployment logis- shoreside processing facility must be tics. (i) An observer provider must pro- provided with individually assigned vide to each observer it employs: communication equipment in working (A) All necessary transportation, in- order, such as a cell phone or pager, for cluding arrangements and logistics, to notification of upcoming deliveries or the initial location of deployment, to other necessary communication. Each all subsequent vessel and shoreside or observer assigned to a shoreside proc- stationary floating processor assign- essing facility located more than 1 ments during that deployment, and to mile from the observer’s local accom- the debriefing location when a deploy- modations shall be provided with mo- ment ends for any reason; and torized transportation that will ensure (B) Lodging, per diem, and any other the observer’s arrival at the processing necessary services necessary to observ- ers assigned to fishing vessels or shore- facility in a timely manner such that side processing or stationary floating the observer can complete his or her processing facilities. assigned duties. (ii) Except as provided in paragraph (8) Limit observer deployment. Unless (b)(7)(iii) of this section, an observer alternative arrangements are approved provider must provide to each observer by the Observer Program, an observer deployed to a shoreside processing fa- provider must not: cility or stationary floating processor, (i) Deploy an observer on the same and each observer between vessel, sta- vessel or at the same shoreside or sta- tionary floating processor, or shoreside tionary floating processor for more assignments while still under contract than 90 days in a 12-month period; with an observer provider, shall be pro- (ii) Deploy an observer for more than vided with accommodations at a li- 90 days in a single deployment; censed hotel, motel, bed and breakfast, (iii) Include in a single deployment of stationary floating processor, or other an observer, assignments to more than shoreside accommodations for the du- four vessels, including groundfish and ration of each shoreside assignment or all other vessels, and/or shoreside proc- period between vessel or shoreside as- essors; or signments. Such accommodations must (iv) Move an observer from a vessel include an assigned bed for each ob- or stationary floating processor or server and no other person may be as- shoreside processor before that ob- signed that bed for the duration of that server has completed his or her sam- observer’s stay. Additionally, no more pling or data transmission duties. than four beds may be in any room (9) Verify vessel USCG Safety Decal. An housing observers at accommodations observer provider must verify that a meeting the requirements of this sec- vessel has a valid USCG Safety Decal tion. as required under § 679.51(e)(1)(ii)(B)(1) (iii) An observer under contract may be housed on a vessel to which the ob- before the vessel with an observer server is assigned: aboard may depart. One of the fol- (A) Prior to the vessel’s initial depar- lowing acceptable means of ture from port; verification must be used to verify the (B) For a period not to exceed 24 decal validity: hours following completion of an off- (i) An employee of the observer pro- load for which the observer has duties vider, including the observer, visually and is scheduled to disembark; or inspects the decal aboard the vessel (C) For a period not to exceed 24 and confirms that the decal is valid ac- hours following the vessel’s arrival in cording to the decal date of issuance; port when the observer is scheduled to or disembark. (ii) The observer provider receives a (iv) During all periods an observer is hard copy of the USCG documentation housed on a vessel, the observer pro- of the decal issuance from the vessel vider must ensure that the vessel oper- owner or operator.

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(10) Provide 24 hours a day communica- embarkation; target species; and area tions with observers. An observer pro- of fishing. vider must have an employee respon- (iii) Physician’s statement. A signed sible for observer activities on call 24 and dated statement from a licensed hours a day to handle emergencies in- physician that he or she has physically volving an observer or problems con- examined an observer or observer can- cerning observer logistics, whenever an didate. The statement must confirm observer is at sea, stationed at a shore- that, based on the physical examina- side processor or stationary floating tion, the observer or observer can- processor, in transit, or in port await- didate does not have any health prob- ing vessel or processor (re)assignment. lems or conditions that would jeop- (11) Provide information to the Observer ardize their individual safety or the Program. An observer provider must safety of others while the observer or provide all the following information observer candidate is deployed, or pre- to the Observer Program by electronic vent the observer or observer candidate transmission (email), fax, or other from performing his or her duties satis- method specified by NMFS within the factorily. The statement must declare specified timeframes. that, prior to the examination, the (i) Registration materials. Observer physician read the NMFS-prepared training and briefing registration ma- pamphlet provided to the candidate by terials must be submitted to the Ob- the observer provider as specified in server Program at least 5 business days paragraph (b)(1)(ii) of this section and prior to the beginning of a scheduled was made aware of the duties of the ob- observer certification training or brief- server as well as the dangerous, re- ing session. Registration materials mote, and rigorous nature of the work. consist of the following: The physician’s statement must be (A) Observer training registration, submitted to the Observer Program including: prior to certification of an observer. (1) Date of requested training; The physical exam must have occurred during the 12 months prior to the ob- (2) A list of observer candidates. The server’s or observer candidate’s deploy- list must include each candidate’s full ment. The physician’s statement will name (i.e., first, middle, and last expire 12 months after the physical names), date of birth, and gender; exam occurred. A new physical exam ( ) A copy of each candidate’s aca- 3 must be performed, and accompanying demic transcripts and resume; and statement submitted, prior to any de- (4) A statement signed by the can- ployment occurring after the expira- didate under penalty of perjury that tion of the statement. discloses any criminal convictions of (iv) Observer deployment/logistics re- the candidate. port. A deployment/logistics report (B) Observer briefing registration, in- must be submitted by Wednesday, 4:30 cluding: p.m., Pacific local time, of each week (1) Date and type of requested brief- with regard to each observer deployed ing session and briefing location; and by the observer provider during that (2) List of observers to attend the week. The deployment/logistics report briefing session. Each observer’s full must include the observer’s name, name (first, middle, and last names) cruise number, current vessel, shore- must be included. side processor, or stationary floating (ii) Statement of projected observer as- processor assignment and vessel/proc- signments. Prior to the observer or ob- essor code, embarkation date, and esti- server candidate’s completion of the mated or actual disembarkation dates. training or briefing session, the ob- The report must include the location of server provider must submit to the Ob- any observer employed by the observer server Program a statement of pro- provider who is not assigned to a ves- jected observer assignments that in- sel, shoreside processor, or stationary cludes the observer’s name; vessel, floating processor. shoreside processor, or stationary (v) Observer debriefing registration. The floating processor assignment, gear observer provider must contact the Ob- type, and vessel/processor code; port of server Program within 5 business days

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after the completion of an observer’s and valid contracts include the con- deployment to schedule a date, time, tracts an observer provider has with: and location for debriefing. Observer (A) Vessels required to have observer debriefing registration information coverage as specified at § 679.51(a)(2); must be provided at the time the de- (B) Shoreside processors or sta- briefing is scheduled and must include tionary floating processors required to the observer’s name, cruise number, have observer coverage as specified at vessel, or shoreside or stationary float- § 679.51(b)(2); and ing processor assignment name(s) and (C) Observers. code(s), and requested debriefing date. (viii) Observer provider invoices. A cer- (vi) Certificates of insurance. Copies of tified observer provider must submit to ‘‘certificates of insurance’’ that name the Observer Program a copy of all in- the NMFS Observer Program leader as voices for observer coverage required the ‘‘certificate holder’’ shall be sub- or provided pursuant to § 679.51(a)(2) mitted to the Observer Program by and § 679.51(b)(2). February 1 of each year. The certifi- (A) A copy of the invoices must be re- cates of insurance shall state that the ceived by the Observer Program within insurance company will notify the cer- 45 days of the date on the invoice and tificate holder if insurance coverage is must include all reconciled and final changed or canceled and verify the fol- charges. lowing coverage provisions: (B) Invoices must contain the fol- (A) Maritime Liability to cover lowing information: ‘‘seamen’s’’ claims under the Merchant (1) Name of each catcher/processor, Marine Act (Jones Act) and General catcher vessel, mothership, stationary Maritime Law ($1 million minimum); floating processor, or shoreside proc- (B) Coverage under the U.S. essing plant to which the invoice ap- Longshore and Harbor Workers’ Com- plies; pensation Act ($1 million minimum); (C) States Worker’s Compensation, as (2) Dates of service for each observer required; and on each catcher/processor, catcher ves- (D) Commercial General Liability. sel, mothership, stationary floating (vii) Observer provider contracts. Ob- processor, or shoreside processing server providers must submit to the plant. Dates billed that are not ob- Observer Program a completed and server coverage days must be identified unaltered copy of each type of signed on the invoice; and valid contract (including all at- (3) Rate charged in dollars per day tachments, appendices, addendums, (daily rate) for observer services; and exhibits incorporated into the con- (4) Total charge for observer services tract) between the observer provider (number of days multiplied by daily and those entities requiring observer rate); services under § 679.51(a)(2) and (b)(2), (5) Amount charged for air transpor- by February 1 of each year. Observer tation; and providers must also submit to the Ob- (6) Amount charged by the provider server Program upon request, a com- for any other observer expenses, in- pleted and unaltered copy of the cur- cluding but not limited to: Ground rent or most recent signed and valid transportation, excess baggage, and contract (including all attachments, lodging. Charges for these expenses appendices, addendums, and exhibits must be separated and identified. incorporated into the contract and any (ix) Change in observer provider man- agreements or policies with regard to agement and contact information. Except observer compensation or salary levels) for changes in ownership addressed between the observer provider and the under paragraph (a)(6) of this section, particular entity identified by the Ob- an observer provider must submit noti- server Program or with specific observ- fication of any other change to the in- ers. Said copies must be submitted to formation submitted on the provider’s the Observer Program via fax or mail permit application under paragraphs within 5 business days of the request (a)(3)(i) through (iv) of this section. for the contract at the address or fax Within 30 days of the effective date of number listed in § 679.51(c)(3). Signed such change, the information must be

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submitted by fax or mail to the Ob- was contracted except with written server Program at the address listed in permission of the observer. § 679.51(c)(3). Any information sub- (c) Limitations on conflict of interest. mitted under paragraphs (a)(3)(iii) or Observer providers: (a)(3)(iv) of this section will be subject (1) Are authorized to provide observer to NMFS review and determinations services under an FMP or the Halibut under paragraphs (a)(4) through (7) of Act for the waters off Alaska as re- this section. quired in § 679.51(a)(2) or (b)(2), or sci- (x) Other reports. Reports of the fol- entific data collector and observer lowing must be submitted in writing to services to support NMFS-approved sci- the Observer Program by the observer entific research activities, exempted provider via fax or email: educational activities, or exempted or (A) Within 24 hours after the observer experimental fishing as defined in provider becomes aware of the fol- § 600.10 of this chapter. lowing information: (2) Must not have a direct financial interest, other than the provision of (1) Any information regarding pos- observer or scientific data collector sible observer harassment; services, in a North Pacific fishery ( ) Any information regarding any 2 managed under an FMP or the Halibut action prohibited under § 679.7(g) or Act for the waters off Alaska, includ- § 600.725(o), (t), and (u) of this chapter; ing, but not limited to: (3) Any concerns about vessel safety (i) Any ownership, mortgage holder, or marine casualty under 46 CFR 4.05– or other secured interest in a vessel, 1(a)(1) through (7), or processor safety; shoreside processor or stationary float- (4) Any observer illness or injury ing processor facility involved in the that prevents the observer from com- catching or processing of fish, pleting any of his or her duties de- (ii) Any business involved with sell- scribed in the Observer Sampling Man- ing supplies or services to any vessel, ual; and shoreside processor, or stationary (5) Any information, allegations or floating processor participating in a reports regarding observer conflict of fishery managed pursuant to an FMP interest or failure to abide by the or the Halibut Act in the waters off standards of behavior described in Alaska, or § 679.53(b)(1) through (b)(2), or; (iii) Any business involved with pur- (B) Within 72 hours after the observer chasing raw or processed products from provider determines that an observer any vessel, shoreside processor, or sta- violated the observer provider’s con- tionary floating processor partici- duct and behavior policy described at pating in a fishery managed pursuant paragraph (b)(3)(i) of this section; these to an FMP or the Halibut Act in the reports shall include the underlying waters off Alaska. facts and circumstances of the viola- (3) Must assign observers without re- tion. gard to any preference by representa- (12) Replace lost or damaged gear. An tives of vessels, shoreside processors, observer provider must replace all lost or stationary floating processors other or damaged gear and equipment issued than when an observer will be de- by NMFS to an observer under con- ployed. tract to that provider. All replace- (4) Must not solicit or accept, di- ments must be in accordance with re- rectly or indirectly, any gratuity, gift, quirements and procedures identified favor, entertainment, loan, or anything in writing by the Observer Program. of monetary value from anyone who (13) Maintain confidentiality of infor- conducts fishing or fish processing ac- mation. An observer provider must en- tivities that are regulated by NMFS, or sure that all records on individual ob- who has interests that may be substan- server performance received from tially affected by the performance or NMFS under the routine use provision nonperformance of the official duties of of the Privacy Act remain confidential the observer provider. and are not further released to anyone [77 FR 70096, Nov. 21, 2012, as amended at 81 outside the employ of the observer pro- FR 67118, Sept. 30, 2016; 83 FR 30533, June 29, vider company to whom the observer 2018]

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§ 679.53 Observer certification and re- ing. The written notification will sponsibilities. specify why the candidate failed the (a) Observer certification—(1) Applica- training and whether the candidate bility. Observer certification authorizes may retake the training. If a deter- an individual to fulfill duties for oper- mination is made that the candidate ations requiring full observer coverage may not pursue further training, noti- per § 679.51(a)(2) and (b)(2) as specified fication will be in the form of a written in writing by the NMFS Observer Pro- determination denying certification, as gram while under the employ of an ob- specified under paragraph (a)(4)(i) of server provider permitted under this section. § 679.52(a) and according to certification (v) Have not been decertified under endorsements as designated under paragraph (c) of this section. paragraph (a)(5) of this section. (4) Agency determinations on observer (2) Observer certification official. The certification—(i) Denial of certification. Regional Administrator will designate The NMFS observer certification offi- a NMFS observer certification official cial will issue a written determination who will make decisions for the Ob- denying observer certification if the server Program on whether to issue or candidate fails to successfully com- deny observer certification. plete training, or does not meet the (3) Certification requirements. NMFS qualifications for certification for any may certify an individual who, in addi- other relevant reason. tion to any other relevant consider- (ii) Issuance of an observer certifi- ations: cation. An observer certification will be (i) Is employed by a permitted ob- issued upon determination by the server provider company at the time of NMFS observer certification official the issuance of the certification; that the candidate has successfully (ii) Has provided, through their ob- met all requirements for certification server provider: as specified in paragraph (a)(3) of this (A) Information identified by NMFS section. at § 679.52(b)(11)(i)(A)(3) and (4) and in (5) Endorsements. The following en- writing from the Observer Program; dorsements must be obtained, in addi- and (B) Information identified by NMFS tion to observer certification, in order at § 679.52(b)(11)(iii) regarding the ob- for an observer to deploy as indicated. server candidate’s health and physical (i) Certification training endorsement. fitness for the job; A certification training endorsement (iii) Meet all education and health signifies the successful completion of standards as specified in § 679.52(b)(1)(i) the training course required to obtain and § 679.52(b)(11)(iii), respectively; this endorsement. A certification (iv) Has successfully completed a training endorsement is required for NMFS-approved training as prescribed any deployment as an observer in the by the Observer Program. Bering Sea and Aleutian Islands (A) Successful completion of training groundfish fisheries and the Gulf of by an observer applicant consists of Alaska groundfish fisheries or Halibut meeting all attendance and conduct Act fisheries and will be granted with standards issued in writing at the start the initial issuance of an observer cer- of training; meeting all performance tification. This endorsement expires standards issued in writing at the start when the observer has not been de- of training for assignments, tests, and ployed and performed sampling duties other evaluation tools; and completing as required by the Observer Program all other training requirements estab- for a period of time specified by the Ob- lished by the Observer Program. server Program after his or her most (B) If a candidate fails training, he or recent debriefing. In order to renew the she will be orally notified of the unsat- endorsement, the observer must suc- isfactory status of his or her training cessfully retake the certification train- on or before the last day of training. ing. Observers will be notified of any Within 10 business days of the oral no- changes to the endorsement expiration tification, the Observer Program will period prior to the effective date of the notify the observer candidate in writ- change.

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(ii) Annual general endorsement. Each server endorsement if the observer observer must obtain an annual gen- meets the following requirements: eral endorsement to their certification (A) A lead level 2 observer on a catch- prior to his or her initial deployment er/processor using trawl gear or a within any calendar year subsequent to mothership must have completed two a calendar year in which a certification observer cruises (contracts) and sam- training endorsement is obtained. To pled at least 100 hauls on a catcher/ obtain an annual general endorsement, processor using trawl gear or on a an observer must successfully complete mothership. the annual briefing, as specified by the (B) [Reserved] Observer Program. All briefing attend- (C) A lead level 2 observer on a vessel ance, performance, and conduct stand- using nontrawl gear must have com- ards required by the Observer Program pleted the following: must be met. (1) Two observer cruises (contracts) (iii) Deployment endorsements. Each of at least 10 days each; observer who has completed an initial (2) Successfully completed training deployment after certification or an- or briefing as prescribed by the Ob- nual briefing must receive a deploy- server Program; and ment endorsement to their certifi- (3) Either sampled at least 30 sets on cation prior to any subsequent deploy- a vessel using nontrawl gear or sam- ments for the remainder of that year. pled at least 100 hauls on a catcher/ An observer may obtain a deployment processor using trawl gear or on a endorsement by successfully com- mothership. pleting all pre-cruise briefing require- (b) Standards of observer conduct—(1) ments. The type of briefing the ob- Limitations on conflict of interest. (i) An server must attend and successfully observer fulfilling duties for operations complete will be specified in writing by in the full observer coverage category the Observer Program during the ob- per § 679.51(a)(2) or (b)(2): server’s most recent debriefing. (A) Must not have a direct financial interest, other than the provision of (iv) Level 2 endorsements. A certified observer services, in a North Pacific observer may obtain a level 2 endorse- fishery, including, but not limited to: ment to their certification. A level 2 (1) Any ownership, mortgage holder, endorsement is required for purposes of or other secured interest in a vessel, performing observer duties aboard ves- shoreside processor, or stationary sels or stationary floating processors floating processor facility involved in or at shoreside processors participating the catching or processing of fish, in fisheries as prescribed in (2) Any business involved with selling § 679.51(a)(2)(vi)(A) through (E). A level supplies or services to any vessel, 2 endorsement to an observer’s certifi- shoreside processor, or stationary cation may be obtained if the observer floating processor participating in a meets the following requirements: North Pacific fishery, or (A) Previously served as an observer (3) Any business involved with pur- in the groundfish or halibut fisheries chasing raw or processed products from off Alaska and has completed at least any vessel, shoreside processor, or sta- 60 days of observer data collection; tionary floating processor partici- (B) Received an evaluation by NMFS pating in a North Pacific fishery. for his or her most recent deployment (B) May not solicit or accept, di- that indicated the observer’s perform- rectly or indirectly, any gratuity, gift, ance met Observer Program expecta- favor, entertainment, loan, or anything tions standards for that deployment; of monetary value from anyone who ei- and ther conducts activities that are regu- (C) Complies with all the other re- lated by NMFS or has interests that quirements of this section. may be substantially affected by the (v) An observer who has obtained a performance or nonperformance of the level 2 endorsement to his or her ob- observer’s official duties. server certification as specified in (C) May not serve as an observer on paragraph (a)(5)(iv) of this section may any vessel or at any shoreside or sta- additionally receive a lead level 2 ob- tionary floating processing facility

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owned or operated by a person who pre- (A) Commission of fraud or other vio- viously employed the observer. lation in connection with obtaining or (D) May not solicit or accept employ- attempting to obtain certification, or ment as a crew member or an employee in performing the duties as specified in of a vessel, shoreside processor, or sta- writing by the Observer Program; tionary floating processor in a North (B) Commission of embezzlement, Pacific fishery while employed by an theft, forgery, bribery, falsification or observer provider. destruction of records, making false (ii) Provisions for remuneration of statements, or receiving stolen prop- observers under this section do not erty; constitute a conflict of interest. (C) Commission of any other offense (2) Standards of behavior. An observer indicating a lack of integrity or hon- fulfilling duties for operations in the esty that seriously and directly affects full observer coverage category per the fitness of observers. § 679.51(a)(2) or (b)(2) must: (3) Issuance of initial administrative de- (i) Perform assigned duties as de- termination. Upon determination that scribed in the Observer Sampling Man- suspension or decertification is war- ual or other written instructions from ranted under paragraph (c)(2) of this the Observer Program; section, the suspension/decertification (ii) Accurately record their sampling official will issue a written initial ad- data, write complete reports, and re- ministrative determination (IAD) to port accurately any observations of the observer via certified mail at the suspected violations of regulations rel- observer’s most current address pro- evant to conservation of marine re- vided to NMFS under § 679.43(e). The sources or their environment; and IAD will identify whether a certifi- (iii) Not disclose collected data and cation is suspended or revoked and will observations made aboard the vessel or identify the specific reasons for the ac- in the processing facility to any person tion taken. If the IAD issues a suspen- except the owner or operator of the ob- sion for an observer certification, the served vessel or processing facility, an terms of the suspension will be speci- authorized officer, or NMFS. fied. Suspension or decertification can (c) Suspension and decertification—(1) be made effective upon issuance of the Suspension and decertification review of- IAD in cases of willfulness or in cases ficial. The Regional Administrator will in which public health, interest, or establish an observer suspension and safety require such action. In such decertification review official(s), who cases, the suspension/decertification will have the authority to review ob- official will state in the IAD that sus- server certifications issued under para- pension or decertification is effective graph (a) of this section and issue ini- at time of issuance and the reason for tial administrative determinations of the action. observer certification suspension and/ (4) Appeals. A certified observer who or decertification. receives an IAD that suspends or re- (2) Causes for suspension or decertifica- vokes his or her observer certification tion. The suspension/decertification of- may appeal pursuant to § 679.43. ficial may initiate suspension or decer- [77 FR 70099, Nov. 21, 2012, as amended at 81 tification proceedings against an ob- FR 67118, Sept. 30, 2016; 83 FR 30532, 30533, server: June 29, 2018] (i) When it is alleged that the ob- server has committed any acts or omis- § 679.54 Release of observer data to sions of any of the following: the public. (A) Failed to satisfactorily perform (a) Summary of weekly data. The fol- the duties of an observer as specified in lowing information collected by ob- writing by the Observer Program; or servers for each catcher/processor and (B) Failed to abide by the standards catcher vessel during any weekly re- of conduct for an observer as prescribed porting period may be made available under paragraph (b) of this section; to the public: (ii) Upon conviction of a crime or (1) Vessel name and Federal permit upon entry of a civil judgment for: number.

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(2) Number of Chinook salmon and tors of vessels may provide to the Re- ‘‘other salmon’’ observed. gional Administrator written justifica- (3) The ratio of total round weight of tion at the time observer data are sub- incidentally caught halibut or Pacific mitted, or within a reasonable time herring to the total round weight of thereafter, that disclosure of the infor- groundfish in sampled catch. mation listed in paragraphs (a) and (b) (4) The ratio of number of king crab of this section could reasonably be ex- or C. bairdi Tanner crab to the total pected to cause substantial competi- round weight of groundfish in sampled tive harm. The determination whether hauls. to disclose the information will be (5) The number of observed trawl made pursuant to 15 CFR 4.7. hauls or fixed gear sets. (6) The number of trawl hauls that [77 FR 70101, Nov. 21, 2012] were basket sampled. § 679.55 Observer fees. (7) The total weight of basket sam- ples taken from sampled trawl hauls. (a) Responsibility. The owner of a (b) Haul-specific data. (1) The informa- shoreside processor or stationary float- tion listed in paragraphs (b)(1)(i) ing processor named on a Federal Proc- through (xiii) of this section and col- essing Permit (FPP), a catcher/proc- lected by observers from observed essor named on a Federal Fisheries hauls on board vessels using trawl gear Permit (FFP), or a person named on a to participate in a directed fishery for Registered Buyer permit at the time of groundfish other than rockfish, Green- the landing subject to the observer fee land turbot, or Atka mackerel may be as specified at § 679.55(c) must comply made available to the public: with the requirements of this section. (i) Date. Subsequent non-renewal of an FPP, (ii) Time of day gear is deployed. FFP, or a Registered Buyer permit (iii) Latitude and longitude at begin- does not affect the permit holder’s li- ning of haul. ability for noncompliance with this (iv) Bottom depth. section. (v) Fishing depth of trawl. (b) Observer fee liability determination. (vi) The ratio of the number of Chi- After each fishing year, the Regional nook salmon to the total round weight Administrator will mail an observer fee of groundfish. liability invoice to each permit holder (vii) The ratio of the number of other specified in paragraph (a) of this sec- salmon to the total round weight of tion for landings of groundfish and hal- groundfish. ibut subject to the observer fee. The (viii) The ratio of total round weight observer fee liability invoice will pro- of incidentally caught halibut to the vide a summary of the round pounds of total round weight of groundfish. groundfish and headed-and-gutted (ix) The ratio of total round weight weight for halibut landed during the of herring to the total round weight of previous fishing year for each permit groundfish. by species, landing port or port-group, (x) The ratio of the number of king and gear category. The total fee liabil- crab to the total round weight of ity for each permit holder will be de- groundfish. termined by applying the observer fee (xi) The ratio of the number of C. percentage in paragraph (f) of this sec- bairdi Tanner crab to the total round tion to the ex-vessel value of the weight of groundfish. groundfish and halibut landings subject (xii) Sea surface temperature (where to the observer fee. The method for de- available). termining the ex-vessel value of the (xiii) Sea temperature at fishing groundfish and halibut landings subject depth of trawl (where available). to the observer fee is provided in para- (2) The identity of the vessels from graph (e) of this section. The fee liabil- which the data in paragraph (b)(1) of ity will be assessed on the groundfish this section are collected will not be round weight and the headed-and-gut- released. ted weight for halibut. (c) Competitive harm. In exceptional (c) Landings subject to the observer fee. circumstances, the owners and opera- The observer fee is assessed on landings

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by vessels not in the full observer cov- § 679.51(a)(2) according to the following erage category described at table:

Is fish from the landing subject to the observer fee? If fish in the landing by a catcher vessel or production by a catcher/ If the vessel is not des- processor is from the following fishery or species: ignated on an FFP or re- If the vessel is designated quired to be on an FFP or required to designated on an FFP: be designated on an FFP:

(1) Groundfish listed in Table 2a to this part that are harvested in the Not applicable, an FFP is Yes. EEZ and subtracted from a total allowable catch limit specified required to harvest these under § 679.20(a). groundfish in the EEZ. (2) Groundfish listed in Table 2a to this part that are harvested in No ...... Yes. Alaska State waters, including in a parallel groundfish fishery, and subtracted from a total allowable catch limit specified under § 679.20(a). (3) Sablefish IFQ, regardless of where harvested ...... Yes ...... Yes. (4) Halibut IFQ or halibut CDQ, regardless of where harvested ...... Yes ...... Yes. (5) Groundfish listed in Table 2a to this part that are harvested in No ...... No. Alaska State waters, but are not subtracted from a total allowable catch limit under § 679.20(a). (6) Any groundfish or other species not listed in Table 2a to part 679, No ...... No. except halibut IFQ or CDQ halibut, regardless of where harvested.

(d) Standard ex-vessel prices—(1) Gen- trawl gear, non-pelagic trawl gear, and eral. NMFS will publish the standard non-trawl gear. ex-vessel prices used to determine the (ii) Halibut and fixed gear sablefish observer fee in the upcoming year in standard ex-vessel prices. NMFS will use the FEDERAL REGISTER during the last data submitted to NMFS on the IFQ quarter of each calendar year. The Registered Buyer report under standard ex-vessel prices will be de- § 679.5(l)(7) to calculate the standard ex- scribed in U.S. dollars per equivalent vessel prices for each year for halibut round pound for groundfish and per and fixed gear sablefish, by port or port equivalent headed-and-gutted weight group. These standard ex-vessel prices for halibut. will be applied to landings of: (2) Effective duration. The standard (A) Halibut; ex-vessel prices will remain in effect (B) IFQ sablefish; and until revised by subsequent publication (C) Sablefish accruing against the in the FEDERAL REGISTER. fixed-gear sablefish CDQ allocation. (3) Standard ex-vessel price determina- (iii) Confidentiality. Standard ex-ves- tion and use—(i) Groundfish standard ex- sel prices will be aggregated among vessel prices. Except as described in ports if fewer than four processors par- paragraph (d)(3)(ii) of this section, ticipate in a price category for any spe- NMFS will calculate groundfish stand- cies and gear combination. ard ex-vessel prices based on standard- (e) Determining the ex-vessel value of ized ex-vessel nominal prices cal- groundfish and halibut. The ex-vessel culated using information submitted in value of groundfish and halibut subject the Commercial Operator’s Annual Re- to the observer fee will be determined port described at § 679.5(p) and the by applying the standard ex-vessel shoreside processor or stationary float- price published in the FEDERAL REG- ing processor landing report described ISTER in the year prior to the year in at § 679.5(e)(5), as well as methods es- which the landing was made to the tablished by the State of Alaska’s round weight of groundfish and the Commercial Fisheries Entry Commis- headed-and-gutted weight of halibut sion. landings subject to the observer fee. (A) Groundfish standard ex-vessel (f) Observer fee percentage. The ob- prices will be calculated as a 3-year server fee percentage is 1.25 percent. rolling average of standard prices for (g) Fee collection. A permit holder each species, port or port-group, and specified in paragraph (a) of this sec- gear. tion, receiving a groundfish or halibut (B) Gear categories for groundfish landing subject to the observer fee standard ex-vessel prices are: Pelagic under paragraph (c) of this section, is

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responsible for collecting fees during server fee liability determined to be the calendar year in which the ground- due by the final agency action will be fish or halibut is received. returned to the permit holder unless (h) Payment—(1) Payment due date. A the permit holder requests the agency permit holder specified in paragraph to credit the excess amount against the (a) of this section must submit his or permit holder’s future observer fee li- her observer fee liability payment(s) to ability. NMFS no later than February 15 of the (j) Appeals. A permit holder who re- year following the calendar year in ceives an IAD may either pay the fee which the groundfish or halibut land- liability or appeal the IAD pursuant to ings subject to the observer fee were § 679.43. In any appeal of an IAD made made. under this section, a permit holder (2) Payment recipient. Make electronic payment payable to NMFS. specified in paragraph (a) of this sec- (3) Payment address. Payments must tion has the burden of proving his or be made electronically through the her claim. NMFS Alaska Region Web site at http:// [77 FR 70102, Nov. 21, 2012, as amended at 81 alaskafisheries.noaa.gov. Instructions FR 17411, Mar. 29, 2016] for electronic payment will be provided on the payment Web site and on the ob- Subpart F—American Fisheries Act server fee liability invoice to be mailed to each permit holder. and Aleutian Island Directed (4) Payment method. Payment must be Pollock Fishery Management made electronically in U.S. dollars by Measures automated clearinghouse, credit card, or electronic check drawn on a U.S. SOURCE: 67 FR 79734, Dec. 30, 2002, unless bank account. otherwise noted. (5) Underpayment of fee liability. (i) Under § 679.4, an applicant will not re- § 679.60 Authority and related regula- ceive a new or amended FPP or Reg- tions. istered Buyer permit until he or she (a) Regulations under this subpart submits a complete permit application. were developed by the National Marine For the application to be considered Fisheries Service and the North Pacific complete, all fees required by NMFS Fishery Management Council to imple- must be paid. ment the American Fisheries Act (ii) If a permit holder fails to submit full payment for the observer fee liabil- (AFA) (Div. C, Title II, Subtitle II, ity by the date described in paragraph Public Law 105–277, 112 Stat. 2681 (1998)) (h)(1) of this section, the Regional Ad- and the Consolidated Appropriations ministrator may: Act of 2004 (Public Law 108–199, Sec. (A) At any time thereafter send an 803). Additional regulations in this part initial administrative determination to that implement specific provisions of the liable permit holder stating that the AFA and Consolidated Appropria- the permit holder’s estimated fee li- tions Act of 2004 are set out at §§ 679.2 ability, as calculated by the Regional Definitions, 679.4 Permits, 679.5 Record- Administrator and sent to the permit keeping and reporting (R &R), 679.7 holder pursuant to paragraph (b) of Prohibitions, 679.20 General limita- this section, is the amount of observer tions, 679.21 Prohibited species bycatch fee due from the permit holder. management, 679.28 Equipment and (B) Disapprove any issuance of an operational requirements, 679.31 CDQ FPP or Registered Buyer permit to the reserves, and 679.50 Groundfish Ob- applicant in accordance with § 679.4. server Program. (iii) If payment is not received by the (b) Regulations developed by the De- 30th day after the final agency action, partment of Transportation to imple- the agency may pursue collection of ment provisions of the AFA are found the unpaid fees. at 46 CFR part 356. (i) Overpayment of fee. Upon issuance of final agency action, any amount [70 FR 9867, Mar. 1, 2005] submitted to NMFS in excess of the ob-

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§ 679.61 Formation and operation of tives, signing cooperative fishing per- fishery cooperatives. mit applications and completing and (a) Who is liable for violations by a fish- submitting inshore catcher vessel pol- ery cooperative and cooperative members? lock cooperative catch reports. A fishery cooperative must comply (2) What is an agent for service of proc- with the provisions of this section. The ess? Any cooperative formed under this owners and operators of vessels that section must appoint an agent who is are members of a fishery cooperative, authorized to receive and respond to including vessels under contract to a any legal process issued in the United cooperative, are responsible for ensur- States with respect to all owners and ing that the fishery cooperative com- operators of vessels that are members plies with the directed fishing, of the cooperative. The cooperative sideboard closures, PSC limits and must provide the Regional Adminis- other allocations and restrictions that trator with the name, address and tele- are applicable to the fishery coopera- phone number of the appointed agent. tive. The owners and operators of ves- Service on or notice to the coopera- sels that are members of a fishery co- tive’s appointed agent constitutes serv- operative, including vessels under con- ice on or notice to all members of the tract to a cooperative, are responsible cooperative. for ensuring that all fishery coopera- (3) What is the term of service and proc- tive members comply with the directed ess for replacing the agent for service of fishing, sideboard closures, PSC limits process? The agent for service of process and other allocations and restrictions must be capable of accepting service on that are applicable to the fishery coop- behalf of the cooperative until Decem- erative. ber 31 of the year 5 years after the cal- (b) Who must comply this section? Any endar year for which the fishery coop- fishery cooperative formed under sec- erative has filed its intent to operate. tion 1 of the Fisherman’s Collective The owners and operators of all mem- Marketing Act 1934 (15 U.S.C. 521) for ber vessels of a cooperative are respon- the purpose of cooperatively managing sible for ensuring that a substitute directed fishing for BS subarea pollock agent is designated and the Agency is must comply with the provisions of notified of the name, address and tele- this section. The owners and operators phone number of the substitute agent of all the member vessels that are sig- in the event the previously designated natories to a fishery cooperative are agent is no longer capable of accepting jointly and severally responsible for service on behalf of the cooperative or compliance with the requirements of the cooperative members within that 5- this section. year period. (c) Designated representative and agent (d) Annual filing requirements. You for service of process. Each cooperative must file on an annual basis, with the must appoint a designated representa- Council and NMFS, a signed copy of tive and agent for service of process your fishery cooperative contract, and and must ensure that the cooperative’s any material modifications to any such designated representative and agent for contract, together with a copy of a let- service of process comply with the reg- ter from a party to the contract re- ulations in this part. questing a business review letter on (1) What is a designated representative? the fishery cooperative from the De- The designated representative is the partment of Justice and any response primary contact person for NMFS on to such request. The Council and issues relating to the operation of the NMFS will make this information cooperative. Any cooperative formed available to the public upon request. under this section must appoint a des- (1) Must multi-year contracts be re-filed ignated representative to fulfill regu- annually? If your cooperative contract latory requirements on behalf of the was previously filed with NMFS and cooperative including, but not limited the Council under this paragraph (d), to, filing of cooperative contracts, fil- then you may submit a renewal letter ing of annual reports, submitting all to NMFS and the Council by the filing cost recovery fees, and in the case of deadline in lieu of the cooperative con- inshore sector catcher vessel coopera- tract and business review letter. The

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renewal letter must provide notice that taxes established under Alaska law. the previously filed cooperative con- Failure to include such a contract tract will remain in effect for the sub- clause or for such amounts to be paid sequent fishing year. The renewal let- will result in a revocation of the au- ter also must detail any material modi- thority to form fishery cooperatives fications to the cooperative contract under section 1 of the Act of June 25, that have been made since the last fil- 1934 (15 U.S.C. 521 et seq.). ing including, but not limited to, any (vi) List the obligations of members changes in cooperative membership. of a cooperative, governed by this sec- (2) Where must contracts or renewal let- tion, to ensure the full payment of all ters be filed? You must send a signed AFA fee liabilities that may be due. copy of your cooperative contract or (2) Additional required elements in all renewal letter and the required sup- fishery cooperatives that include AFA porting materials to the North Pacific catcher vessels. A cooperative contract Fishery Management Council, 605 West that includes catcher vessels must in- 4th Ave, Suite 306, Anchorage, AK clude adequate provisions to prevent 99501; and to the NMFS Alaska Region. each non-exempt member catcher ves- The mailing address for the NMFS sel from exceeding an individual vessel Alaska Region is P.O. Box 21668, Ju- sideboard limit for each BSAI or GOA neau, AK 99802. The street address for sideboard species or species group that delivery by private courier is 709 West is issued to the vessel by the coopera- 9th St., Suite 401, Juneau, AK 99801. tive in accordance with the following (3) What is the deadline for filing? The formula: contract or renewal letter and sup- (i) The aggregate individual vessel porting materials must be received by sideboard limits issued to all member NMFS and by the Council at least 30 vessels in a cooperative must not ex- days prior to the start of any fishing ceed the aggregate contributions of activity conducted under the terms of each member vessel towards the over- the contract. In addition, an inshore all groundfish sideboard amount as cal- cooperative that is also applying for an culated by NMFS under § 679.64(b) and allocation of BS subarea pollock under as announced to the cooperative by the § 679.62 must file its contract, any Regional Administrator, or amendments hereto, and supporting (ii) In the case of two or more co- materials no later than December 1 of operatives that have entered into an the year prior to the year in which inter-cooperative agreement, the ag- fishing under the contract will occur. gregate individual vessel sideboard (e) What are the required elements in a limits issued to all member vessels cooperative contract?—(1) Requirements subject to the inter-cooperative agree- for all fishery cooperatives. Any coopera- ment must not exceed the aggregate tive contract filed under this para- contributions of each member vessel graph (e) must: towards the overall groundfish (i) List parties to the contract. sideboard amount as calculated by (ii) List all vessels and processors NMFS under § 679.64(b) and as an- that will harvest and process pollock nounced by the Regional Adminis- harvested under the cooperative. trator. (iii) Specify the amount or percent- (f) Annual reporting requirement. Any age of pollock allocated to each party fishery cooperative governed by this to the contract. section must submit an annual written (iv) Specify a designated representa- report on fishing activity to the North tive and agent for service of process. Pacific Fishery Management Council, (v) Include a contract clause under 605 West 4th Avenue, Suite 306, Anchor- which the parties to the contract agree age, AK 99501. The Council will make to make payments to the State of Alas- copies of each report available to the ka for any pollock harvested in the di- public upon request. rected pollock fishery that are not (1) What is the submission deadline? landed in the State of Alaska, in The cooperative must submit the an- amounts which would otherwise accrue nual report by April 1 of each year. An- had the pollock been landed in the nual reports must be postmarked by State of Alaska subject to any landing the submission deadline or received by

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a private courier service by the submis- rected fishing for pollock once all over- sion deadline. due landing taxes are paid. (2) What information must be included? [67 FR 79734, Dec. 30, 2002, as amended at 68 The annual report must contain, at a FR 6836, Feb. 11, 2003; 70 FR 9868, Mar. 1, 2005; minimum: 72 FR 61076, Oct. 29, 2007; 73 FR 76166, Dec. 15, (i) The cooperative’s allocated catch 2008; 75 FR 53069, Aug. 30, 2010; 76 FR 12886, of pollock and sideboard species, and Mar. 9, 2011; 81 FR 168, Jan. 5, 2016] any sub-allocations of pollock and sideboard species made by the coopera- § 679.62 Inshore sector cooperative al- location program. tive to individual vessels on a vessel- by-vessel basis; (a) How will inshore sector cooperative (ii) The cooperative’s actual retained allocations be made? An inshore catcher and discarded catch of pollock, vessel cooperative that applies for and sideboard species, and PSC on an area- receives an AFA inshore cooperative by-area and vessel-by-vessel basis; fishing permit under § 679.4(l)(6) will re- ceive a sub-allocation of the annual BS (iii) A description of the method used subarea inshore sector directed fishing by the cooperative to monitor fisheries allowance. Each inshore cooperative’s in which cooperative vessels partici- annual allocation amount(s) will be de- pated; termined using the following proce- (iv) A description of any actions dure: taken by the cooperative in response to (1) Determination of individual vessel any vessels that exceed their allowed catch histories. The Regional Adminis- catch and bycatch in pollock and all trator will calculate an official AFA sideboard fisheries; and inshore cooperative catch history for (v) The total weight of pollock landed every inshore-sector endorsed AFA outside the State of Alaska on a vessel- catcher vessel according to the fol- by-vessel basis. lowing steps: (vi) The number of salmon taken by (i) Determination of annual landings. species and season, and list each ves- For each year from 1995 through 1997 sel’s number of appearances on the the Regional Administrator will deter- weekly ‘‘dirty 20’’ lists for non-Chinook mine each vessel’s total non-CDQ salmon. inshore pollock landings from the Ber- (3) What is the required format? You ing Sea Subarea and Aleutian Islands must submit at least one copy of each Subarea separately, except for the F/V annual report ready for duplication on PROVIDIAN (USCG documentation unbound single-sided 8.5- by-11-inch number 1062183). paper, or in an alternative format ap- (ii) Determination of annual landings proved in advance by the Council. for the F/V PROVIDIAN. For the F/V (g) Landing tax payment deadline. You PROVIDIAN, pursuant to Public Law must pay any landing tax owed to the 106–562, the Regional Administrator State of Alaska under section 210(f) of will substitute the 1992 through 1994 the AFA and paragraph (e)(1)(v) of this total Bering Sea subarea and Aleutian section before April 1 of the following Islands subarea pollock non-CDQ year, or the last day of the month fol- inshore landings made by the F/V lowing the date of publication of state- OCEAN SPRAY (USCG documentation number 517100 for the purpose of deter- wide average prices by the Alaska mining annual cooperative quota share State Department of Revenue, which- percentage. ever is later. All members of the coop- (iii) Offshore compensation. If a catch- erative are prohibited from harvesting er vessel made a total of 500 or more pollock in the BS subarea directed pol- mt of landings of non-CDQ Bering Sea lock fishery after the payment dead- Subarea pollock or Aleutian Islands line if any member vessel has failed to Subarea pollock to catcher/processors pay all required landing taxes from any or offshore motherships other than the landings made outside the State of EXCELLENCE (USCG documentation Alaska by the landing deadline. Mem- number 967502); GOLDEN ALASKA bers of the cooperative may resume di- (USCG documentation number 651041);

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or OCEAN PHOENIX (USCG docu- of the official AFA inshore cooperative mentation number 296779) over the 3- catch histories of all inshore-sector en- year period from 1995 through 1997, dorsed AFA catcher vessels. The co- then all non-CDQ offshore pollock land- operative’s quota share percentage will ings made by that vessel during from be listed on the cooperative’s AFA pol- 1995 through 1997 will be added to the lock cooperative permit. vessel’s inshore catch history by year (4) Conversion of quota share percent- and subarea. age to TAC allocations. (Effective April (iv) Best two out of three years. After 1, 2005) Each inshore pollock coopera- steps (a)(1)(i) and (ii) of this section are tive that receives a quota share per- completed, the 2 years with the highest centage for a fishing year will receive landings will be selected for each sub- an annual allocation of Bering Sea and/ area and added together to generate or Aleutian Islands pollock that is the vessel’s official AFA inshore coop- equal to the cooperative’s quota share erative catch history for each subarea. percentage for that subarea multiplied A vessel’s best 2 years may be different by the annual inshore pollock alloca- for the Bering Sea subarea and the tion for that subarea. Each coopera- Aleutian Islands Subarea. tive’s annual pollock TAC allocation (2) Determination of individual vessel may be published in the proposed and catch histories after approval of replace- final BSAI harvest specifications no- ment of catcher vessel and approval of re- tice. moval of catcher vessel from the AFA di- (b) What are the restrictions on fishing rected pollock fishery. (i) If NMFS ap- under a cooperative fishing permit? A co- proves the application of an owner of a operative that receives a cooperative catcher vessel that is a member of an fishing permit under § 679.4(l)(6) must inshore vessel cooperative to replace a comply with all of the fishing restric- catcher vessel pursuant to § 679.4(l)(7), tions set out in this subpart. The own- NMFS will assign the AFA inshore pol- ers and operators of all the member lock catch history of the replaced ves- vessels that are named on an inshore sel to the replacement vessel. cooperative fishing permit and the (ii) If NMFS approves the application owners and operators of any vessels of an owner of a catcher vessel that is under contract to the cooperative a member of an inshore vessel coopera- under paragraph (c) of this section are tive to remove a catcher vessel from jointly and severally responsible for the AFA directed pollock fishery pur- compliance with all of the require- suant to § 679.4(l)(7), NMFS will assign ments of a cooperative fishing permit the AFA inshore pollock catch history pursuant to § 679.4(l)(6). of the removed vessel to one or more (1) What vessels are eligible to fish vessels in the inshore vessel coopera- under an inshore cooperative fishing per- tive to which the removed vessel be- mit? Only catcher vessels listed on a co- longed as required by § 679.4(l)(7); operative’s AFA inshore cooperative NMFS will not assign the catch history fishing permit or vessels under con- for any non-pollock species of the re- tract to the cooperative under para- moved vessel to any other vessel, and graph (c) of this section are permitted NMFS will permanently extinguish any to harvest any portion of an inshore exemptions from sideboards that were cooperative’s annual pollock alloca- specified on the AFA permit of the re- tion. moved vessel. (2) What harvests accrue against an (3) Conversion of individual vessel catch inshore cooperative’s annual pollock allo- histories to annual cooperative quota cation? The following catches will ac- share percentages. Each inshore pollock crue against a cooperative’s annual cooperative that applies for and re- pollock allocation regardless of wheth- ceives an AFA inshore pollock coopera- er the pollock was retained or dis- tive fishing permit will receive an an- carded: nual quota share percentage of pollock (i) Member vessels. All pollock caught for the BS subarea that is equal to the by a member vessel while engaged in sum of each member vessel’s official directed fishing for pollock in the BS AFA inshore cooperative catch history subarea unless the vessel is under con- for the BS subarea divided by the sum tract to another cooperative and the

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pollock is assigned to another coopera- ative may conduct contract fishing on tive. behalf of another inshore cooperative. (ii) Contract vessels. All pollock con- (4) Who must be informed? A coopera- tracted for harvest and caught by a tive that has contracted with a non- vessel under contract to the coopera- member vessel to harvest a portion of tive under paragraph (c) of this section its inshore pollock allocation must in- while the vessel was engaged in di- form any AFA inshore processors to rected fishing for pollock in the BS whom the vessel will deliver pollock subarea. while under contract to the coopera- (c) Contract fishing by non-member ves- tive prior to the start of fishing under sels. A cooperative that wishes to con- the contract. tract with a non-member vessel to har- (5) How must contract fishing be re- vest a portion of the cooperative’s an- ported to NMFS? An AFA inshore proc- nual pollock allocation must comply essor that receives pollock harvested with the following procedures. by a vessel under contract to a cooper- (1) How does a cooperative contract ative must report the delivery to with a non-member vessel? A cooperative NMFS on the electronic delivery report that wishes to contract with a non- by using the co-op code for the con- member vessel must submit a com- tracting cooperative rather than the pleted contract fishing application to co-op code of the vessel’s home cooper- the Alaska Region, NMFS, in accord- ative. ance with the contract fishing applica- [67 FR 79734, Dec. 30, 2002, as amended at 68 tion instructions. FR 6836, Feb. 11, 2003; 69 FR 64688, Nov. 8, (2) What information must be included 2004; 70 FR 9868, Mar. 1, 2005; 79 FR 54602, on a contract fishing application? The Sept. 12, 2014; 84 FR 2728, Feb. 8, 2019] following information must be included on a contract fishing application: § 679.63 Catch weighing requirements (i) Co-op name(s). The names of the for vessels and processors. cooperative or cooperatives that wish (a) What are the requirements for listed to contract with a non-member vessel. AFA catcher/processors and AFA (ii) Designated representative(s). The motherships?—(1) Catch weighing. All names and signatures of the designated groundfish landed by listed AFA catch- representatives for the cooperatives er/processors or received by AFA that wish to contract with a non-mem- motherships must be weighed on a ber vessel and the vessel’s home coop- NMFS-certified scale and made avail- erative. able for sampling by a NMFS certified (iii) Vessel name. The name and AFA observer. The owner and operator of a permit number of the contracted ves- listed AFA catcher/processor or an sel. AFA mothership must ensure that the (iv) Vessel owner. The name and sig- vessel is in compliance with the scale nature of the owner of the contracted requirements described at § 679.28(b), vessel. that each groundfish haul is weighed (v) Harvest schedule. A completed har- separately, and that no sorting of vest schedule showing how all catch catch takes place prior to weighing. and any overages by the contracted (2) Observer sampling station. The vessel will be allocated between the owner and operator of a listed AFA contracting cooperative (or coopera- catcher/processor or AFA mothership tives) and the contract vessel’s home must provide an observer sampling sta- cooperative. In the event that multiple tion as described at § 679.28(d) and must cooperatives are jointly contracting ensure that the vessel operator com- with a non-member vessel, the harvest plies with the observer sampling sta- schedule must clearly specify how all tion requirements described at catch and any overages will be allo- § 679.28(d) at all times that the vessel cated among the various cooperatives. harvests groundfish or receives deliv- (3) What vessels are eligible to conduct eries of groundfish harvested in the contract fishing on behalf of an inshore BSAI or GOA. cooperative? Only AFA catcher vessels (b) What are the requirements for un- with an inshore fishing endorsement listed AFA catcher/processors? The owner that are members of an inshore cooper- or operator of an unlisted AFA catcher/

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processor must comply with the catch AFA catcher/processor permits be cal- weighing and observer sampling sta- culated? Except for Aleutian Islands tion requirements set out in paragraph pollock and BSAI Pacific cod, the Re- (a) of this section at all times the ves- gional Administrator will establish an- sel is engaged in directed fishing for nual AFA catcher/processor harvest pollock in the BSAI. limits for each groundfish species or (c) What are the requirements for AFA species group in which a TAC is speci- replacement vessels? The owner and op- fied for an area or subarea of the BSAI erator of an AFA replacement vessel as follows: are subject to the catch weighing re- (i) Aleutian Islands Pacific ocean quirements and the observer sampling perch. (A) The Aleutian Islands Pacific station requirements in paragraphs (a) ocean perch harvest limit will be equal and (b) of this section that applied to to the 1996 through 1997 aggregate re- the owner and operator of the replaced tained catch of Aleutian Islands Pa- vessel. cific ocean perch by catcher/processors (d) What are the requirements for AFA listed in Sections 208(e)(1) through (20) inshore processors?—(1) Catch weighing. and 209 of the AFA in non-pollock tar- All groundfish landed by AFA catcher get fisheries divided by the sum of the vessels engaged in directed fishing for Aleutian Islands Pacific ocean perch pollock in the BSAI must be sorted and catch in 1996 and 1997 multiplied by the weighed on a scale approved by the remainder of the Aleutian Islands Pa- State of Alaska as described in cific ocean perch TAC after the sub- § 679.28(c), and be made available for traction of the CDQ reserve under sampling by a NMFS certified ob- § 679.20(b)(1)(ii)(C) in the year in which server. The observer must be allowed the harvest limit will be in effect. to test any scale used to weigh ground- (B) If the amount of Pacific ocean fish in order to determine its accuracy. perch calculated under paragraph (2) The plant manager or plant liai- (a)(1)(i)(A) of this section is determined son must notify the observer of the off- by the Regional Administrator to be loading schedule for each delivery of insufficient to meet bycatch needs of BSAI pollock by an AFA catcher vessel AFA catcher/processors in other di- at least 1 hour prior to offloading. An rected fisheries for groundfish, the Re- observer must monitor each delivery of gional Administrator will prohibit di- BSAI pollock from an AFA catcher ves- rected fishing for Aleutian Islands Pa- sel and be on site the entire time the cific ocean perch by AFA catcher/proc- delivery is being weighed or sorted. essors and establish the sideboard [67 FR 79734, Dec. 30, 2002, as amended at 79 amount equal to the amount of Aleu- FR 54602, Sept. 12, 2014] tian Islands Pacific ocean perch caught by AFA catcher/processors incidental § 679.64 Harvesting sideboard limits in to directed fishing for other groundfish other fisheries. species. (a) Harvesting sideboards for listed AFA (ii) Atka mackerel. The Atka mackerel catcher/processors and catcher/processors harvest limit for each area and season designated on listed AFA catcher/proc- will be equal to: essor permits. The Regional Adminis- (A) Bering Sea subarea and Eastern trator will restrict the ability of listed Aleutian Islands, zero; and AFA catcher/processors and a catcher/ (B) Western Aleutian Islands, 20 per- processor designated on a listed AFA cent of the annual TAC specified for catcher/processor permit to engage in Atka mackerel. directed fishing for non-pollock (iii) Flathead sole, rock sole, and yel- groundfish species to protect partici- lowfin sole. The harvest limit for flat- pants in other groundfish fisheries head sole, rock sole, and yellowfin sole from adverse effects resulting from the will be equal to the 1995 through 1997 AFA and from fishery cooperatives in aggregate retained catch of that spe- the BS subarea directed pollock fish- cies by catcher/processors listed in Sec- ery. tions 208(e)(1) through (e)(20) and 209 of (1) How will groundfish sideboard limits the AFA in non-pollock target fisheries for AFA listed catcher/processors and divided by the sum of the catch of that catcher/processors designated on listed species in 1995 through 1997 multiplied

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by the remainder of the TAC of that (ii) Directed fishing for the BSAI species after the subtraction of the groundfish that have sideboard limits CDQ reserve under § 679.20(b)(1)(ii)(C) in listed in Table 54 of this part is prohib- the year in which the harvest limit will ited. be in effect. (b) Harvesting sideboards for AFA (iv) Remaining groundfish species. (A) catcher vessels. The Regional Adminis- Except as provided for in paragraphs trator will restrict the ability of AFA (a)(1)(i) through (a)(1)(iii) of this sec- catcher vessels to engage in directed tion, the harvest limit for each BSAI fishing for other groundfish species to groundfish species or species group will protect participants in other ground- be equal to the 1995 through 1997 aggre- fish fisheries from adverse effects re- gate retained catch of that species by sulting from the AFA and from fishery catcher/processors listed in Sections cooperatives in the BS subarea di- 208 (e)(1) through (e)(20) and 209 of the rected pollock fishery. AFA in non-pollock target fisheries di- (1) To whom do the catcher vessel vided by the sum of the catch of that sideboard limits apply? Catcher vessel species in 1995 through 1997 multiplied harvest limits and PSC bycatch limits by the TAC of that species available for apply to all AFA catcher vessels par- harvest by catcher/processors in the ticipating in all GOA groundfish fish- year in which the harvest limit will be eries and all non-pollock groundfish in effect. fisheries in the BSAI except vessels (B) If the amount of a species cal- qualifying for sideboard exemptions in culated under paragraph (a)(1)(iv)(A) of the specific fisheries identified in para- this section is determined by the Re- graph (b)(2) of this section. gional Administrator to be insufficient (2) Who is exempt from catcher vessel to meet bycatch needs for AFA catch- sideboards? (i) BSAI Pacific cod er/processors in other directed fisheries sideboard exemptions—(A) AFA catch- for groundfish, the Regional Adminis- er vessels less than 125 ft (38.1 m) LOA trator will prohibit directed fishing for that are determined by the Regional that species by AFA catcher/processors Administrator to have harvested a and establish the sideboard amount combined total of less than 5,100 mt of equal to the amount of that species BSAI pollock, and to have made 30 or caught by AFA catcher/processors inci- more legal landings of Pacific cod in dental to directed fishing for other the BSAI directed fishery for Pacific groundfish species. cod from 1995 through 1997 are exempt (v) Yellowfin sole sideboard limit exemp- from sideboard closures for BSAI Pa- tion. AFA catcher/processors will not cific cod. be subject to a harvest limit for yel- (B) AFA catcher vessels with lowfin sole in the BSAI during a cal- mothership endorsements are exempt endar year if the aggregate ITAC of from BSAI Pacific cod catcher vessel yellowfin sole assigned to the Amend- sideboard directed fishing closures ment 80 sector and BSAI trawl limited after March 1 of each fishing year. access sector is greater than or equal (ii) GOA groundfish sideboard exemp- to 125,000 metric tons. tions. AFA catcher vessels less than 125 (2) What are the halibut and crab PSC ft (38.1 m) LOA that are determined by sideboard limits? The halibut and crab the Regional Administrator to have PSC bycatch limits specified for catch- harvested less than 5,100 mt of BSAI er/processors in the BSAI are listed in pollock and to have made 40 or more Tables 40 and 41 to this part. landings of GOA groundfish from 1995 (3) How will AFA catcher/processor through 1997 are exempt from GOA sideboard limits be managed? (i) The Re- groundfish catcher vessel sideboard di- gional Administrator will manage rected fishing closures. groundfish harvest limits and PSC by- (iii) An AFA rebuilt catcher vessel catch limits for AFA catcher/proc- will have the same sideboard exemp- essors through directed fishing closures tions, if any, as the vessel before re- in fisheries established under para- building, irrespective of the length of graph (a)(1) of this section in accord- the AFA rebuilt catcher vessel. ance with the procedures set out in (iv) An AFA replacement vessel for §§ 679.20(d)(1)(iv) and 679.21(b)(4)(iii). an AFA catcher vessel will have the

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same sideboard exemptions, if any, as § 679.20(b)(1)(ii)(C) in the year or season the replaced AFA catcher vessel, irre- in which the harvest limit will be in ef- spective of the length of the AFA re- fect. placement vessel, except that if the re- (iv) GOA groundfish. The AFA catcher placement vessel was already des- vessel groundfish harvest limit for each ignated on an AFA permit as exempt GOA groundfish species or species from sideboard limits, the replacement group will be equal to the aggregate re- vessel will maintain the exemption tained catch of that groundfish species even if the replaced vessel was not ex- or species group from 1995 through 1997 empt from sideboard limits. by AFA catcher vessels not exempted (3) How will groundfish sideboard limits be calculated? Except for Aleutian Is- under paragraph (b)(2)(ii) of this sec- lands pollock, the Regional Adminis- tion; divided by the sum of the TACs of trator will establish annual AFA that species or species group available catcher vessel harvest limits for each to catcher vessels from 1995 through groundfish species or species group in 1997; multiplied by the TAC available which a TAC is specified for an area or to catcher vessels in the year or season subarea of the GOA and BSAI as fol- in which the harvest limit will be in ef- lows: fect. (i) BSAI groundfish other than Amend- (4) How will halibut and crab PSC limits ment 80 species. The AFA catcher vessel be calculated?—(i) BSAI. The halibut groundfish harvest limit for each BSAI and crab PSC bycatch limits specified groundfish species or species group for catcher vessels in the BSAI are list- other than BSAI Pacific cod will be ed in Tables 40 and 41 to this part. equal to the aggregate retained catch (ii) GOA. The AFA catcher vessel of that groundfish species or species PSC bycatch limit for halibut in the group from 1995 through 1997 by all AFA catcher vessels; divided by the GOA will be a portion of the PSC limit sum of the TACs available to catcher equal to the ratio of aggregate retained vessels for that species or species group groundfish catch by AFA catcher ves- from 1995 through 1997; multiplied by sels in each PSC target category from the TAC available to catcher vessels in 1995 through 1997 relative to the re- the year or season in which the harvest tained catch of all vessels in that fish- limit will be in effect. ery from 1995 through 1997. (ii) BSAI Pacific cod. The AFA catch- (5) How will catcher vessel sideboard er vessel groundfish harvest limit for limits be managed? (i) The Regional Ad- BSAI Pacific cod will be equal to the ministrator will manage groundfish retained catch of BSAI Pacific cod in harvest limits and PSC bycatch limits 1997 by AFA catcher vessels not ex- for AFA catcher vessels using directed empted under paragraph (b)(2)(i)(A) of fishing closures according to the proce- this section divided by the BSAI Pa- dures set out at §§ 679.20(d)(1)(iv) and cific cod TAC available to catcher ves- 679.21(d)(7) and (e)(3)(v). sels in 1997; multiplied by the BSAI Pa- (ii) Directed fishing for the BSAI cific cod TAC available to catcher ves- sels in the year or season in which the groundfish that have sideboard limits harvest limit will be in effect. listed in Table 55 of this part and the (iii) Amendment 80 species other than GOA groundfish that have sideboard Pacific cod. The AFA catcher vessel limits listed in Table 56 of this part is groundfish harvest limit for each prohibited. Amendment 80 species other than BSAI (6) Yellowfin sole sideboard limit exemp- Pacific cod will be equal to the aggre- tion. AFA catcher vessels will not be gate retained catch of that Amendment subject to a harvest limit for yellowfin 80 species from 1995 through 1997 by all sole in the BSAI during a calendar year AFA catcher vessels, divided by the if the aggregate ITAC of yellowfin sole sum of the TAC available to catcher assigned to the Amendment 80 sector vessels for that species or species group and BSAI trawl limited access sector is from 1995 through 1997, and multiplied by the remainder of the TAC after the subtraction of the CDQ reserve under

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greater than or equal to 125,000 metric (2) The Vessel Fuel Survey is avail- tons. able through the Internet on the NMFS Alaska Region Web site at http:// [67 FR 79734, Dec. 30, 2002, as amended at 70 FR 9868, Mar. 1, 2005; 72 FR 52725, Sept. 14, alaskafisheries.noaa.gov, or by con- 2007; 72 FR 50818, Sept. 4, 2007; 73 FR 27770, tacting NMFS at (206) 526–6414. May 14, 2008; 79 FR 54602, Sept. 12, 2014; 81 FR (3) The owner or leaseholder annually 24733, Apr. 27, 2016; 84 FR 2728, Feb. 8, 2019] must submit a completed Vessel Fuel Survey, electronically on or before § 679.65 Bering Sea Chinook Salmon 1700, A.l.t., on June 1, 2013, and each Bycatch Management Program Eco- year thereafter, following the instruc- nomic Data Report (Chinook salm- tions on the form. on EDR program). (d) Vessel Master Survey. (1) For any (a) Requirements. NMFS developed the AFA-permitted vessel used to harvest regulations under this section to im- pollock in the Bering Sea in the pre- plement the Chinook salmon EDR pro- vious year: gram. Additional regulations that im- (i) The vessel master must complete plement specific portions of the Chi- the Vessel Master Survey, and the Ves- nook salmon EDR program are set out sel Master certification following the under paragraphs (a)(1) through (4) of instructions on the form. this section: (ii) An owner or leaseholder must (1) Daily fishing logbook (DFL), catch- complete the Vessel owner certifi- er vessel trawl gear. See § 679.5(c)(4). cation following instructions on the (2) Electronic logbook (ELB), AFA and form. CDQ trawl catcher/processors. See (iii) An owner or leaseholder must § 679.5(f) in combination with eLandings submit all Vessel Master Surveys, and pursuant to § 679.5(e). each Vessel owner certification elec- (3) IPA Annual Report. See tronically on or before 1700, A.l.t., on § 679.21(f)(13). June 1, 2013, and each year thereafter, (4) AFA cooperative annual reporting following the instructions on the form. requirement. See § 679.61(f)(2). (2) The Vessel Master Survey is avail- (b) Chinook salmon PSC Compensated able through the Internet on the NMFS Transfer Report (CTR). (1) An owner or Alaska Region Web site at http:// leaseholder of an AFA-permitted vessel alaskafisheries.noaa.gov, or by con- and the representative of any entity tacting NMFS at (206) 526–6414. that received an allocation of Chinook (e) Chinook salmon EDR verification salmon PSC from NMFS must submit a and audit procedures. NMFS or the des- CTR, Part 1, each calendar year, for ignated data collection agent (DDCA) the previous calendar year. will conduct verification of Chinook (2) Any person who transferred Chi- salmon EDR information with the per- nook salmon PSC allocation after Jan- sons identified at § 679.65(b)(1), (b)(2), uary 20, and paid or received money for (c)(1), (d)(1)(i), and (d)(1)(ii). the transfer, must submit a completed (1) The persons identified at CTR (Part 1 and Part 2) for the pre- § 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and vious calendar year. (d)(1)(ii) must respond to inquiries by (3) The CTR is available through the NMFS and its DDCA for purposes of Internet on the NMFS Alaska Region the CTR, within 20 days of the date of Web site at http:// issuance of the inquiry. alaskafisheries.noaa.gov, or by con- (2) The persons identified at tacting NMFS at (206) 526–6414. § 679.65(b)(1) and (b)(2) must provide (4) Beginning in 2013, and each year copies of additional data to facilitate thereafter, the completed CTR must be verification by NMFS and its DDCA for submitted electronically on or before purposes of the CTR. These paper or 1700, A.l.t., on June 1, following the in- electronic copies may include, but are structions on the form. not limited to, previously audited or (c) Vessel Fuel Survey. (1) An owner or reviewed financial statements, work- leaseholder of an AFA-permitted vessel sheets, tax returns, invoices, receipts, must submit all completed Vessel Fuel and other original documents substan- Surveys for each vessel used to harvest pollock in the Bering Sea in a given tiating the data submitted. year. [77 FR 5395, Feb. 3, 2012]

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§ 679.66 AFA cost recovery. (iv) Payment method. Payment must (a) Cost recovery fee program for AFA— be made electronically in U.S. dollars (1) Who is responsible for submitting the by automated clearing house, credit fee? (i) The person designated on the card, or electronic check drawn on a AFA inshore cooperative permit as the U.S. bank account. designated representative at the time (b) AFA standard ex-vessel value deter- of a Bering Sea pollock landing. mination and use—(1) General. A des- (ii) The person designated as the rep- ignated representative must use the resentative of the entity representing AFA standard price determined by the AFA catcher/processor sector under NMFS under paragraph (b)(2) of this § 679.21(f)(8)(i)(C) at the time of a Ber- section. ing Sea pollock landing. (2) AFA standard price—(i) General. (iii) The person designated as the rep- Each year the Regional Administrator resentative of the AFA mothership co- will publish the AFA standard price in operative at the time of a Bering Sea the FEDERAL REGISTER by December 1 pollock landing. of the year in which the landings were (2) Responsibility. (i) Subsequent made. The AFA standard price will be transfer of AFA permits held by coop- described in U.S. dollars per AFA pol- erative members does not affect the lock equivalent pound for Bering Sea designated representative’s liability pollock landings made by AFA cooper- for noncompliance with this section. ative or AFA sector members during (ii) Changes in the membership in a the current calendar year. cooperative, such as members joining (ii) Effective duration. The AFA stand- or departing during the relevant year, ard price published by NMFS shall or changes in the holdings of AFA per- apply to all Bering Sea pollock land- mits of those members do not affect ings made by an AFA cooperative or the designated representative’s liabil- AFA sector member during the current ity for noncompliance with this sec- calendar year. tion. (iii) Determination. NMFS will cal- (3) Fee collection. Each designated culate the AFA standard price to re- representative (as identified under flect, as closely as possible, the stand- paragraph (a)(1) of this section) is re- ard price of Bering Sea pollock land- sponsible for submitting the cost re- ings based on information provided in covery payment for all Bering Sea pol- the COAR for the previous year, as de- lock landings debited against the AFA scribed in § 679.5(p). The Regional Ad- cooperative’s or AFA sector’s AFA pol- ministrator will base the AFA standard lock fishery allocation. price on the following information: (4) Payment—(i) Payment due date. (A) Landed pounds of Bering Sea pol- The designated representative (as iden- lock; tified under paragraph (a)(1) of this (B) Total ex-vessel value of Bering section) must submit all AFA fee pay- Sea pollock; and ment(s) to NMFS at the address pro- (C) Price adjustments, including ret- vided in paragraph (a)(4)(iii) of this sec- roactive payments. tion no later than December 31 of the (c) AFA fee percentages—(1) Estab- calendar year in which the Bering Sea lished percentages. The AFA fee percent- pollock landings were made. ages are the amounts as determined by (ii) Payment recipient. Make elec- the factors and methodology described tronic payment payable to NMFS. in paragraph (c)(2) of this section. (iii) Payment address. Submit pay- These amounts will be announced by ment and related documents as in- publication in the FEDERAL REGISTER structed on the fee submission form. in accordance with paragraph (c)(3) of Payments must be made electronically this section. These amounts must not through the NMFS Alaska Region Web exceed 3.0 percent pursuant to 16 U.S.C. site at http://alaskafisheries.noaa.gov. In- 1854(d)(2)(B). structions for electronic payment will (2) Calculating fee percentage value. be made available on both the payment Each year NMFS will calculate and Web site and a fee liability summary publish AFA fee percentages for AFA letter mailed to each designated rep- inshore cooperatives, the AFA catcher/ resentative. processor sector, and the AFA

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mothership cooperative according to (5) Fee liability determination. (i) Each the following factors and methodology: AFA inshore cooperative, the AFA (i) Factors. NMFS will use the fol- mothership cooperative, and the AFA lowing factors to determine the fee per- catcher/processor sector will be subject centages: to an AFA fee liability for any Bering (A) The catch to which the AFA pol- Sea pollock debited from its AFA pol- lock cost recovery fee will apply; lock fishery allocation during a cal- (B) The ex-vessel value of that catch; endar year. and (ii) The AFA fee liability assessed to (C) The costs directly related to the an AFA inshore cooperative will be management, data collection, and en- based on the proportion of the AFA fee forcement of the AFA directed pollock liability of Bering Sea pollock debited fisheries. from that AFA inshore cooperative’s (ii) Methodology. NMFS will use the AFA pollock fishery allocation relative following equations to determine the to all AFA inshore cooperatives during AFA fee percentage: 100 × DPC/V, a calendar year as determined by where: NMFS. (iii) The AFA fee liability assessed to (A) DPC = the direct program costs the AFA catcher/processor sector will for the directed AFA pollock fisheries be based on the standard ex-vessel for the most recent fiscal year (October value of Bering Sea pollock debited 1 through September 30) with any ad- from the sector’s AFA pollock fishery justments to the account from pay- allocation during a calendar year as de- ments received in the previous year. termined by NMFS. (B) V = total of the standard ex-ves- (iv) The AFA fee liability assessed to sel value of the catch subject to the the AFA mothership cooperative will AFA fee liability for the current year. be based on the proportion of the (iii) Direct program costs will be cal- standard ex-vessel value of Bering Sea culated separately for: pollock debited from the cooperative’s (A) AFA inshore cooperatives; AFA pollock fishery allocation during (B) The AFA catcher/processor sec- a calendar year as determined by tor; and NMFS. (C) The AFA mothership cooperative. (v) NMFS will provide a fee liability (3) Publication—(i) General. NMFS summary letter to each designated rep- will calculate and announce the AFA resentative by December 1 of each fee percentages in a FEDERAL REGISTER year. The summary will explain the notice by December 1 of the year in AFA fee liability determination includ- which the Bering Sea pollock landings ing the current fee percentage and de- were made. AFA fee percentages will be tails of Bering Sea pollock pounds deb- calculated separately for the AFA ited from the AFA pollock fishery allo- inshore cooperatives, the AFA catcher/ cation by permit, species, date, and processor sector, and the AFA prices. mothership cooperative. NMFS will (d) Underpayment of fee liability—(1) calculate the AFA fee percentages No AFA inshore cooperative will re- based on the calculations described in ceive its AFA pollock fishery alloca- paragraph (c)(2) of this section. tion until the cooperative’s designated (ii) Effective period. NMFS will apply representative submits full payment of the calculated AFA fee percentages to the cooperative’s AFA fee liability. all Bering Sea directed pollock land- (2) The AFA mothership cooperative ings made between January 1 and De- will not receive its AFA pollock fishery cember 31 of the current year. allocation until the cooperative’s des- (4) Applicable percentage. A designated ignated representative submits full representative must use the AFA fee payment of that cooperative’s AFA fee percentage applicable at the time a liability. Bering Sea directed pollock landing is (3) The AFA catcher/processor sector debited from an AFA pollock fishery will not receive its Bering Sea pollock allocation to calculate the AFA fee li- allocation until the entity’s designated ability for any retroactive payments representative defined at for that landing. § 679.21(f)(8)(i)(C) submits full payment

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of the AFA fee liability at the time of (g) Annual report. Each year, NMFS a Bering Sea pollock landing, except will publish a report describing the the Regional Administrator may re- AFA Cost Recovery Fee Program. lease to the AFA catcher/processor sec- [81 FR 168, Jan. 5, 2016] tor a portion of the AFA catcher/proc- essor sector’s Bering Sea pollock allo- § 679.67 Aleutian Islands pollock cost cation that is equal to the portion of recovery. the fee liability submitted by the enti- (a) Cost recovery fee program for Aleu- ty’s designated representative. tian Islands pollock—(1) Representative. (4) If the designated representative The person identified as the represent- fails to submit full payment for the ative, designated by the Aleut Corpora- AFA fee liability by the date described tion, at the time of an Aleutian Islands in paragraph (a)(4) of this section, the pollock landing is responsible for sub- Regional Administrator, at any time mitting all cost recovery fees. thereafter, may send an IAD to the des- (2) Fee collection. The designated rep- ignated representative stating that the resentative (as identified under para- estimated fee liability, based on the in- graph (a)(1) of this section) is respon- formation submitted by the designated sible for submitting the cost recovery representative, is the AFA fee liability payment for all Aleutian Islands pol- due from the designated representa- lock landings made under the author- tive. ity of Aleut Corporation. (5) If the designated representative (3) Payment. (i) Payment due date. The fails to submit full payment for the designated representative (as identified AFA fee liability by the date described under paragraph (a)(1) of this section) at paragraph (a)(4) of this section, the must submit all cost recovery fee pay- Regional Administrator will not issue ment(s) to NMFS at the address pro- a Bering Sea pollock allocation to that vided in paragraph (a)(3)(iii) of this sec- AFA cooperative or AFA sector for the tion no later than December 31 of the following calendar year, except as pro- calendar year in which the Aleutian Is- vided in paragraph (d)(3) of this sec- lands pollock landings were made. tion. (ii) Payment recipient. Make elec- tronic payment payable to NMFS. (6) Upon final agency action deter- (iii) Payment address. Submit pay- mining that the designated representa- ment and related documents as in- tive has not submitted the AFA fee li- structed on the fee submission form. ability payment, the Regional Admin- Payments must be made electronically istrator may continue to not issue a through the NMFS Alaska Region Web Bering Sea pollock allocation for that site at http://alaskafisheries.noaa.gov. In- AFA cooperative or AFA sector for any structions for electronic payment will subsequent calendar years until NMFS be made available on both the payment receives the unpaid fees. If payment is Web site and a fee liability summary not received by the 30th day after the letter mailed to the designated rep- final agency action, the agency may resentative of the Aleut Corporation. pursue collection of the unpaid fees. (iv) Payment method. Payment must (e) Over payment. Upon issuance of be made electronically in U.S. dollars final agency action, payment sub- by automated clearing house, credit mitted to NMFS in excess of the AFA card, or electronic check drawn on a fee liability determined to be due by U.S. bank account. the final agency action will be returned (b) Aleutian Islands pollock standard to the designated representative unless ex-vessel value determination and use—(1) the designated representative requests General. The designated representative the agency to credit the excess amount of the Aleut Corporation must use the against a cooperative’s or sector’s fu- Aleutian Islands pollock standard price ture AFA fee liability. determined by NMFS under paragraph (f) Appeals. The designated represent- (b)(2) of this section. ative who receives an IAD for incom- (2) Aleutian Islands pollock standard plete payment of an AFA fee liability price—(i) General. Each year the Re- may appeal under the appeals proce- gional Administrator will publish the dures set out at 15 CFR part 906. Aleutian Islands pollock standard price

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in the FEDERAL REGISTER by December (ii) Methodology. NMFS will use the 1 of the year in which the landings following equations to determine the were made. The Aleutian Islands pol- fee percentage: 100 × DPC/V, where: lock standard price will be described in (A) DPC = the direct program costs U.S. dollars per Aleutian Islands pol- for the Aleutian Islands directed pol- lock equivalent pound for Aleutian Is- lock fishery for the most recent fiscal lands pollock landings during the cur- year (October 1 through September 30) rent calendar year. with any adjustments to the account (ii) Effective duration. The Aleutian from payments received in the previous Islands pollock standard price pub- year. lished by NMFS shall apply to all Aleu- (B) V = total of the standard ex-ves- tian Islands pollock landings during sel value of the catch subject to the the current calendar year. Aleutian Islands pollock fee liability (iii) Determination. NMFS will cal- for the current year. culate the Aleutian Islands pollock (3) Publication—(i) General. NMFS standard price to reflect, as closely as will calculate and announce the fee possible, the standard price of Aleutian percentage in a FEDERAL REGISTER no- Islands pollock landings based on infor- tice by December 1 of the year in which mation provided in the COAR for the the Aleutian Islands pollock landings previous year, as described in § 679.5(p). were made. NMFS will calculate the The Regional Administrator will base Aleutian Islands pollock fee percentage Aleutian Islands pollock standard price based on the calculations described in on the following information: paragraph (c)(2) of this section. (A) Landed pounds of Aleutian Is- (ii) Effective period. NMFS will apply lands pollock; the calculated Aleutian Islands pollock (B) Total ex-vessel value of Aleutian fee percentage to all Aleutian Islands Islands pollock; and pollock landings made between Janu- (C) Price adjustments, including ret- ary 1 and December 31 of the current roactive payments. year. (c) Aleutian Islands pollock fee percent- (4) Applicable percentage. The des- age—(1) Established percentage. The ignated representative must use the Aleutian Islands pollock fee percentage Aleutian Islands pollock fee percentage is the amount as determined by the applicable at the time an Aleutian Is- factors and methodology described in lands pollock landing is debited from paragraph (c)(2) of this section. This the Aleutian Islands directed pollock fishery allocation to calculate the amount will be announced by publica- Aleutian Islands pollock fee liability tion in the FEDERAL REGISTER in ac- for any retroactive payments for that cordance with paragraph (c)(3) of this pollock. section. This amount must not exceed (5) Fee liability determination. (i) The 3.0 percent pursuant to 16 U.S.C. Aleut Corporation will be subject to a 1854(d)(2)(B). fee for any Aleutian Islands pollock (2) Calculating fee percentage value. debited from the Aleutian Islands di- Each year NMFS will calculate and rected pollock fishery allocation dur- publish the fee percentage according to ing a calendar year. the following factors and methodology: (ii) NMFS will provide a fee liability (i) Factors. NMFS will use the fol- summary letter to the Aleut Corpora- lowing factors to determine the fee per- tion by December 1 of each year. The centage: summary will explain the fee liability (A) The catch to which the Aleutian determination including the current Islands pollock cost recovery fee will fee percentage, and details of Aleutian apply; Islands pollock pounds debited from (B) The ex-vessel value of that catch; the Aleutian Islands directed pollock and fishery allocation by permit, species, (C) The costs directly related to the date, and prices. management, data collection, and en- (d) Underpayment of fee liability—(1) forcement of the Aleutian Islands di- The Aleut Corporation will not receive rected pollock fishery. its Aleutian Islands directed pollock

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fishery allocation until the Aleut Cor- Aleutian Islands Pollock Cost Recov- poration’s designated representative ery Fee Program. submits full payment of the Aleut Cor- poration’s cost recovery fee liability. [81 FR 170, Jan. 5, 2016] (2) If the Aleut Corporation’s des- ignated representative fails to submit Subpart G—Rockfish Program full payment for Aleutian Islands pol- lock fee liability by the date described SOURCE: 76 FR 81277, Dec. 27, 2011, unless in paragraph (a)(3) of this section, the otherwise noted. Regional Administrator may at any time thereafter send an IAD to the § 679.80 Allocation and transfer of Aleut Corporation’s designated rep- rockfish QS. resentative stating that the estimated Additional regulations that imple- fee liability, based on the information ment specific portions of the Rockfish submitted by the designated represent- Program are set out under: § 679.2 Defi- ative, is the Aleutian Islands pollock nitions, § 679.4 Permits, § 679.5 Record- fee liability due from the Aleut Cor- keeping and reporting, § 679.7 Prohibi- poration. tions, § 679.20 General limitations, (3) If the Aleut Corporation’s des- § 679.21 Prohibited species bycatch man- ignated representative fails to submit agement, § 679.28 Equipment and oper- full payment by the Aleutian Islands ational requirements, and § 679.50 pollock fee liability payment deadline Groundfish Observer Program. described at paragraph (a)(3) of this (a) Applicable areas and duration—(1) section, the Regional Administrator Applicable areas. The Rockfish Program will not issue the Aleutian Islands di- applies to Rockfish Program fisheries rected pollock fishery allocation to the in the Central GOA Regulatory Area. Aleut Corporation for that calendar (2) Duration. The Rockfish Program year. authorized under this part 679 expires (4) Upon final agency action deter- on December 31, 2021. mining that the Aleut Corporation has not paid its Aleutian Islands pollock (3) Seasons. The following fishing sea- fee liability, the Regional Adminis- sons apply to fishing under this subpart trator may continue to not issue the subject to other provisions of this part: Aleutian Islands directed pollock fish- (i) Rockfish entry level longline fishery. ery allocation for any subsequent cal- Fishing by vessels participating in the endar years until NMFS receives the rockfish entry level longline fishery is unpaid fees. If payment is not received authorized from 0001 hours, A.l.t., Jan- by the 30th day after the final agency uary 1 through 1200 hours, A.l.t., No- action, the agency may pursue collec- vember 15. tion of the unpaid fees. (ii) Rockfish cooperative. Fishing by (e) Over payment. Upon issuance of vessels participating in a rockfish co- final agency action, payment sub- operative is authorized from 1200 hours, mitted to NMFS in excess of the Aleu- A.l.t., May 1 through 1200 hours, A.l.t., tian Islands pollock fee liability deter- November 15. mined to be due by the final agency ac- (b) Rockfish legal landings—(1) Eligible tion will be returned to the Aleut Cor- LLP licenses. NMFS will assign rockfish poration unless its designated rep- legal landings to an LLP license only if resentative requests the agency to a vessel made those landings: credit the excess amount against the (i) Under the authority of a perma- cooperative’s future Aleutian Islands nent fully transferable LLP license en- pollock fee liability. dorsed for Central GOA groundfish (f) Appeals. A representative of the with a trawl gear designation during Aleut Corporation who receives an IAD the season dates for a rockfish primary for incomplete payment of an Aleutian species as established in Table 28a to Islands pollock fee may appeal under this part; the appeals procedures set out at 15 (ii) Under the authority of an interim CFR part 906. LLP license endorsed for Central GOA (g) Annual report. Each year, NMFS groundfish with a trawl gear designa- will publish a report describing the tion during the season dates for that

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rockfish primary species as established vested and processed onboard a vessel in Table 28a to this part; provided that: during the season dates for that rock- (A) NMFS has determined that an in- fish primary species as established in terim LLP license is ineligible to re- Table 28a to this part; and ceive a designation as a permanent (ii) The rockfish legal landings were LLP license endorsed for Central GOA made under the authority of an eligible groundfish with a trawl gear designa- LLP license that is endorsed for Cen- tion; and tral GOA groundfish fisheries with (B) A permanent fully transferable trawl gear with a catcher/processor LLP license endorsed for Central GOA designation. groundfish with a trawl gear designa- (4) Rockfish legal landings assigned to tion was assigned to the vessel that the catcher vessel sector. A rockfish legal made legal rockfish landings under the landing for a rockfish primary species authority of an interim LLP license is assigned to the catcher vessel sector endorsed for Central GOA groundfish if: prior to December 31, 2003, and was (i) The rockfish legal landings of that continuously assigned to that vessel through June 14, 2010; or rockfish primary species were har- (iii) Under the authority of a perma- vested and not processed onboard a ves- nent fully transferable LLP license en- sel during the season dates for that dorsed for Central GOA groundfish rockfish primary species as established with a trawl gear designation during under Table 28a or 28b to this part; and the season dates for the entry level (ii) The rockfish legal landings were trawl fishery in 2007, 2008, or 2009 for a made under the authority of an eligible rockfish primary species as established LLP license that is endorsed for Cen- in Table 28b to this part. tral GOA groundfish fisheries with (2) Assigning rockfish legal landings to trawl gear. an LLP license. (i) NMFS will assign (c) Rockfish Program official record rockfish legal landings to an LLP li- —(1) Use of the Rockfish Program official cense only if the holder of the LLP li- record. The Rockfish Program official cense with those landings submits a record will contain information used timely application for Rockfish QS, in by the Regional Administrator to de- paragraph (d) of this section, that is termine: approved by NMFS. (i) The amount of rockfish legal land- (ii) NMFS will assign rockfish legal ings assigned to an LLP license; landings made under the authority of (ii) The amount of rockfish QS re- an interim LLP license that meets the sulting from rockfish legal landings as- requirements in paragraph (b)(1)(ii) of signed to an LLP license held by a this section, to the permanent fully rockfish eligible harvester; transferable LLP license specified in (iii) Rockfish sideboard ratios as- paragraph (b)(1)(ii)(B) of this section. signed to an LLP license; NMFS will not assign any legal rock- (iv) Eligibility to participate in the fish landings made under the authority Rockfish Program and assign specific of the permanent fully transferable harvest privileges to Rockfish Program LLP license specified in paragraph (b)(1)(ii)(B) of this section prior to the participants. date that permanent fully transferable (2) Presumption of correctness. The LLP license was assigned to the vessel Rockfish Program official record is that made legal rockfish landings presumed to be correct. An applicant under the authority of an interim LLP to participate in the Rockfish Program license specified in paragraph (b)(1)(i) has the burden to prove otherwise. For of this section. the purposes of creating the Rockfish (3) Rockfish landings assigned to the Program official record, the Regional catcher/processor sector. A rockfish legal Administrator will presume the fol- landing for a rockfish primary species lowing: is assigned to the catcher/processor (i) An LLP license has been used on- sector if: board the same vessel from which that (i) The rockfish legal landings of that LLP license was derived during the cal- rockfish primary species were har- endar years 2000 and 2001, unless clear

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and unambiguous written documenta- the applicant and LLP license num- tion is provided that establishes other- bers, with all applicable fields accu- wise. rately filled-in and all required docu- (ii) If more than one person is claim- mentation attached. ing the same rockfish legal landing, (i) Additional documentation. (A) Ves- then each LLP license for which the sel names, ADF&G vessel registration rockfish legal landing is being claimed numbers, and USCG documentation will receive an equal division of credit numbers of all vessels that fished under for the landing unless the applicants the authority of each LLP license, in- can provide written documentation cluding dates when landings were made that establishes an alternative means under the authority of an LLP license for distributing the catch history to for 2000 and 2001; the LLP licenses. (B) Indicate (YES or NO) if the appli- (3) Documentation. Only rockfish legal cant is applying to participate in the landings, as defined in § 679.2, shall be Rockfish Program based on rockfish used to establish an allocation of rock- legal landings made during the rock- fish QS. fish entry level trawl fishery in 2007, (4) Non-severability of rockfish legal 2008, or 2009; and, landings. Rockfish legal landings are (C) For an applicant who holds an non-severable from the LLP license to LLP license that made rockfish legal which those rockfish legal landings are landings during the fishery seasons es- assigned according to the Rockfish tablished in Table 28a to this part and Program official record. during the entry level trawl fishery (d) Application for rockfish QS—(1) during 2007, 2008, or 2009 established in Submission of application for rockfish QS. Table 28b to this part, indicate whether A person who wishes to receive rock- you wish to receive rockfish QS based fish QS to participate in the Rockfish on rockfish legal landings during the Program as a rockfish eligible har- fishery seasons established in Table 28a vester must submit a timely and com- or Table 28b to this part. plete Application for Rockfish Quota (ii) Exclusion from Rockfish Program Share. This application may only be for LLP licenses with rockfish legal land- submitted to NMFS using the methods ings. A person who holds an LLP li- described on the application. cense that made rockfish legal land- (2) Forms. Forms are available ings during the fishery seasons estab- through the Internet on the NMFS lished in Table 28a to this part and dur- Alaska Region Web site at http:// ing the entry level trawl fishery during alaskafisheries.noaa.gov, or by con- 2007, 2008, or 2009 established in Table tacting NMFS at (800) 304–4846, Option 28b to this part may choose to be ex- 2. cluded from the Rockfish Program and (3) Deadline. (i) A completed Applica- not receive rockfish QS. A person must tion for Rockfish Quota Share must be submit an Application for Rockfish QS received by NMFS no later than 1700 affirming exclusion from the Rockfish hours, A.l.t., on January 17, 2012, or if Program and forgo all rockfish QS. sent by U.S. mail, postmarked by that (iii) Applicant signature and certifi- time. For applications delivered by cation. The applicant must sign and hand delivery or carrier only, the re- date the application certifying that all ceiving date of signature by NMFS information is true, correct, and com- staff is the date the application was re- plete to the best of his or her knowl- ceived. If the application is submitted edge and belief. If the application is by facsimile, the receiving date of the completed by a designated representa- application is the date stamped re- tive, then explicit authorization signed ceived by NMFS. by the applicant must accompany the (ii) Objective written evidence of application. timely application will be considered (5) Application evaluation. The Re- proof of a timely application. gional Administrator will evaluate ap- (4) Contents of application. A com- plications received as specified in para- pleted application must contain the in- graph (d)(4) of this section and compare formation specified on the Application all claims in an application with the for Rockfish Quota Share identifying information in the Rockfish Program

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official record. Application claims that QS that is approved by NMFS, and that are consistent with information in the qualifies for an allocation of QS based Rockfish Program official record will on rockfish legal landings from 2000 to be approved by the Regional Adminis- 2006 (and that is not assigned rockfish trator. Application claims that are in- QS under the entry level trawl fishery consistent with the Rockfish Program transition allocation under the provi- official record, unless verified by suffi- sions in paragraph (e)(3) of this sec- cient documentation, will not be ap- tion), according to the following proce- proved. An applicant who submits in- dure: consistent claims, or an applicant who (i) Sum the rockfish legal landings fails to submit the information speci- for each rockfish primary species ‘‘s’’ fied in paragraph (d)(4) of this section, for each eligible LLP license ‘‘l’’ for will be provided a single 30-day evi- each year during the fishery seasons dentiary period to submit the specified established in Table 28a to this part. information, submit evidence to verify For purposes of this calculation, the his or her inconsistent claims, or sub- mit a revised application with claims Regional Administrator will not assign consistent with information in the any amount of rockfish legal landings Rockfish Program official record. An to an LLP license that is assigned applicant who submits claims that are rockfish QS under the provisions in inconsistent with information in the paragraph (e)(3) of this section. This Rockfish Program official record has yields the Rockfish Total Catch for the burden of proving that the sub- each rockfish primary species for each mitted claims are correct. Any claims year. that remain inconsistent or that are (ii) For each rockfish primary spe- not accepted after the 30-day evi- cies, sum the highest 5 years of Rock- dentiary period will be denied, and the fish Total Catch for each eligible LLP applicant will be notified by an initial license described under paragraph administrative determination (IAD) of (e)(2)(i) of this section. This yields the his or her appeal rights under § 679.43. Highest 5 Yearsls. This amount is equal (6) Appeals. If an applicant is notified to the number of rockfish QS units for by an IAD that claims made by the ap- that LLP license for that rockfish pri- plicant have been denied, that appli- mary species. cant may appeal that IAD under the (iii) Sum the Highest 5 Yearsls in provisions in § 679.43. paragraph (e)(2)(ii) of this section of all (e) Assigning rockfish QS—(1) General. eligible LLP licenses for each rockfish The Regional Administrator will assign primary species. The result is the rockfish QS only to a person who sub- èHighest 5 Yearsls (or All Highest 5 mits a timely application for rockfish Years ). QS that is approved by NMFS based on: s (3) Calculation of rockfish QS allocation (i) The amount of rockfish legal land- for LLP licenses that receive rockfish QS ings assigned to an LLP license as es- tablished in paragraph (e)(2) of this sec- under the entry level trawl fishery transi- tion; or tion allocation. Based on the Rockfish (ii) The number of years during Program official record, the Regional which a person made a rockfish legal Administrator shall determine the ini- landing to an entry level processor tial allocation of rockfish QS for each under the authority of an LLP license rockfish primary species assigned to in the entry level trawl fishery during each LLP license indicated on a timely 2007, 2008, or 2009 as established in para- and complete Application for Rockfish graph (e)(3) of this section. QS that is approved by NMFS, that (2) Calculation of rockfish QS allocation qualifies for an allocation of QS based for LLP licenses. Based on the Rockfish on rockfish legal landings from 2007, Program official record, the Regional 2008, or 2009 under the entry level trawl Administrator shall determine the ini- fishery transition allocation (and that tial allocation of rockfish QS for each is not assigned rockfish QS under the rockfish primary species assigned to provisions in paragraph (e)(2) of this each LLP license indicated on a timely section), according to the following and complete Application for Rockfish procedure:

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(i) Assign one Rockfish Landing Unit (4) Rockfish initial QS pool. The rock- to an LLP license for each year a rock- fish initial QS pool for each rockfish fish legal landing of any rockfish pri- primary species, and for each sector, is mary species was made to an entry equal to the sum of all QS units as- level processor under the authority of signed to LLP licenses, and in each sec- an LLP license during the season dates tor, as calculated under paragraphs for the entry level trawl fishery in 2007, (e)(2) and (e)(3) of this section as of 2008, or 2009 as established in Table 28b February 14, 2012. to this part. This yields the Rockfish (5) Non-severability of rockfish QS from Landing Units.l For purposes of this an LLP license. Rockfish QS assigned to calculation, the Regional Adminis- an LLP license is non-severable from trator will not assign any Rockfish that LLP license, except as provided Landing Units to an LLP license that for under § 679.80(f)(2). is assigned rockfish QS under the pro- (f) Transfer of rockfish QS—(1) Trans- visions in paragraph (e)(2) of this sec- fer of rockfish QS. A person may trans- tion. fer an LLP license, and any rockfish (ii) Sum the Rockfish Landing Units QS assigned to that LLP license under of all eligible LLP licenses. the provisions in § 679.4(k)(7), provided (iii) Divide the Rockfish Landing that the LLP license is not assigned Unitsl in paragraph (e)(3)(i) of this sec- rockfish QS in excess of the use cap tion for an LLP license by the sum of specified in § 679.82(a)(2) at the time of all Rockfish Landing Unitsl of all eligi- transfer. ble LLP licenses in paragraph (e)(3)(ii) (2) Transfer of rockfish QS assigned to of this section. The result is the Per- LLP licenses that exceeds rockfish QS use centage of the Total Entry Level Trawl caps. (i) If an LLP license is assigned Fishery Transition Rockfish QS Pooll an initial allocation of aggregate rock- as presented in the following equation: fish QS that exceeds a use cap specified in § 679.82(a)(2), the LLP license holder Rockfish Landing Unitsl/S Rockfish may transfer rockfish QS in excess of Landing Unitsl = Percentage of the Total Entry Level Trawl Fishery the use cap specified in § 679.82(a)(2) separate from that LLP license and as- Transition Rockfish QS pooll. sign it to one or more LLP licenses. (iv) Determine the Total Entry Level However, a transfer may not be ap- Trawl Fishery Transition Rockfish QS proved by NMFS if that transfer would pool for each rockfish primary species cause the receiving LLP license to ex- ‘‘s’’ as presented in the following equa- ceed a use cap specified in § 679.82(a)(2). tion: (ii) Prior to the transfer of an LLP li- ¥ (S All Highest 5 Yearss/0.975) S All cense that is assigned an initial alloca- Highest 5 Yearss (as calculated in tion of aggregate rockfish QS that ex- paragraph (e)(2)(iii) of this section) ceeds a use cap specified in = Total Entry Level Trawl Fishery § 679.82(a)(2), the LLP license holder Transition Rockfish QS pools. must transfer the rockfish QS that is (v) Multiply the Percentage of the in excess of the use cap specified in Total Entry Level Trawl Fishery Tran- § 679.82(a)(2), separate from that LLP li- sition Rockfish QS pool for each LLP cense, and assign it to one or more license, as calculated in paragraph LLP licenses under paragraph (f)(2)(i) (e)(3)(iii) of this section, by the Total of this section. On completion of the Entry Level Trawl Fishery Transition transfer of QS, the LLP license that Rockfish QS pool for each rockfish pri- was initially allocated an amount of mary species, as calculated in para- aggregate rockfish QS in excess of the graph (e)(3)(iv) of this section. This use cap may not exceed the use cap yields the number of rockfish QS units specified in § 679.82(a)(2). for that LLP license for that rockfish (iii) Any rockfish QS associated with primary species. the LLP license that is in excess of the (vi) All rockfish QS units calculated use cap may be transferred only if in paragraph (e)(3)(v) of this section Block C of the Application for Transfer are assigned to the catcher vessel sec- License Limitation Program Ground- tor. fish/Crab License is filled out entirely.

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(iv) Rockfish QS may only be trans- licenses that receive rockfish QS in ferred to an LLP license that has been that sector divided by the rockfish QS assigned rockfish QS with the same pool for that rockfish primary species. sector designation as the rockfish QS Expressed algebraically for each rock- to be transferred. fish primary species ‘‘s’’ in paragraphs (v) Rockfish QS that is transferred (b)(1)(i) and (ii) of this section: from an LLP license that was initially (i) Catcher/Processor Sector TACs = allocated an amount of aggregate rock- [(Cooperative TACs) × (Rockfish QS fish QS in excess of the use cap speci- Units in the Catcher/Processor Sectors/ fied in § 679.82(a)(2) and assigned to an- Rockfish QS Pools)]. other LLP license may not be severed (ii) Catcher Vessel Sector TACs = from the receiving LLP license. [(Cooperative TACs) × (Rockfish QS Units in the Catcher Vessel Sector / [76 FR 81277, Dec. 27, 2011; 77 FR 38014, June s 26, 2012] Rockfish QS Pools)]. (2) Allocations of rockfish primary spe- § 679.81 Rockfish Program annual har- cies to rockfish cooperatives. TAC is as- vester privileges. signed to each rockfish cooperative (a) Sector and LLP license allocations based on the rockfish QS assigned to of rockfish primary species—(1) General. that fishery in each sector according to Each calendar year, the Regional Ad- the following procedures: ministrator will determine the tonnage (i) Catcher vessel sector rockfish co- of rockfish primary species that will be operatives. The amount of TACs for each assigned to participants in a rockfish rockfish primary species assigned to a cooperative. This amount will be as- catcher vessel rockfish cooperative is signed to rockfish cooperatives as de- equal to the amount of rockfish QS scribed in paragraph (b) of this section. units assigned to that rockfish cooper- (2) Calculation. (i) The amount of ative divided by the total rockfish QS rockfish primary species ‘‘s’’ allocated assigned to rockfish cooperatives in to the Rockfish Program is calculated the catcher vessel sector multiplied by by deducting the incidental catch al- the catcher vessel TACs. Once TACs for a rockfish primary species is assigned lowance the Regional Administrator to a catcher vessel rockfish coopera- determines is required on an annual tive, it is issued as CQ specific to that basis in other non-target fisheries from rockfish cooperative. The amount of the TAC. The remaining TAC for that CQ for each rockfish primary species rockfish primary species (TAC ) is as- s that is assigned to a rockfish coopera- signed for use by the rockfish entry tive is expressed algebraically as fol- level longline fishery and rockfish co- lows: operatives. CQ = [(Catcher Vessel Sector TAC ) × (ii) The allocation of TACs for each s s rockfish primary species to the rock- (Rockfish QS assigned to that rock- fish entry level longline fishery is es- fish cooperatives/Rockfish QS Units tablished in Table 28e to this part. assigned to all rockfish coopera- tives in the Catcher Vessel Sec- (iii) The allocation of TACs to rock- fish cooperatives is equal to the tors)]. amount remaining after allocation to (ii) Catcher/processor sector rockfish co- the rockfish entry level longline fish- operatives. The amount of TACs for each ery (cooperative TACs). rockfish primary species assigned to a (b) Allocations of rockfish primary spe- catcher/processor rockfish cooperative cies CQ to rockfish cooperatives—(1) is equal to the amount of rockfish QS Rockfish primary species TACs assigned to units assigned to that rockfish cooper- the catcher/processor and catcher vessel ative divided by the sum of the rock- sector. Cooperative TACs assigned for a fish QS units assigned to rockfish co- rockfish primary species will be di- operatives in the catcher/processor sec- vided between the catcher/processor tor multiplied by the catcher/processor sector and the catcher vessel sector. TACs. Once TAC for a rockfish primary Each sector will receive a percentage species is assigned to a catcher/proc- of cooperative TACs for each rockfish essor rockfish cooperative, it is issued primary species equal to the sum of the as CQ specific to that rockfish coopera- rockfish QS units assigned to all LLP tive.

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The amount of CQ for each rockfish Rockfish Program × (S Rockfish QS units primary species that is assigned to a for all rockfish primary species assigned rockfish cooperative is expressed alge- to that rockfish cooperative/S Rockfish braically as follows: QS units for all rockfish primary species assigned to all rockfish cooperatives in CQ = [(Catcher/Processor Sector TACs) the catcher/processor sector). × (Rockfish QS Units assigned to that rockfish cooperative/Rockfish (ii) CQ assigned to rockfish cooperatives QS Units assigned to all rockfish in the catcher vessel sector. The CQ for a cooperatives in the Catcher/Proc- rockfish secondary species that is as- essor Sector)]. signed to a catcher vessel rockfish co- operative is equal to the amount of (c) Allocations of rockfish secondary that rockfish secondary species allo- species CQ to rockfish cooperatives—(1) cated to the catcher vessel sector in General. Each calendar year, the Re- the Rockfish Program as specified in gional Administrator will determine the tonnage of rockfish secondary spe- Table 28c to this part, multiplied by cies that may be assigned to the rock- the sum of the rockfish QS units for all fish cooperatives as rockfish CQ. This rockfish primary species assigned to amount will be assigned to the rockfish that catcher vessel rockfish coopera- cooperatives in the catcher/processor tive divided by the sum of the rockfish sector and the catcher vessel sector. QS units assigned to rockfish coopera- (2) Amount of rockfish secondary spe- tives for all rockfish primary species in cies tonnage assigned. The amount of the catcher vessel sector. Expressed al- rockfish secondary species tonnage gebraically in the following equation: that may be assigned to the catcher/ CQ for that Secondary Species = Amount of processor sector and the catcher vessel that rockfish secondary species allocated sector is specified in Table 28c to this to the catcher vessel sector in the Rock- part. fish Program × (S Rockfish QS units for (3) Assignment of rockfish secondary all rockfish primary species assigned to species. Rockfish secondary species will that rockfish cooperative/S Rockfish QS be assigned only to rockfish coopera- units assigned to all rockfish coopera- tives for all rockfish primary species in tives. the catcher vessel sector). (4) Determining the amount of rockfish secondary species CQ assigned to a rock- (d) Allocations of rockfish halibut PSC fish cooperative. The amount of CQ for CQ to rockfish cooperatives—(1) General. each rockfish secondary species that is Each calendar year, the Regional Ad- assigned to each rockfish cooperative ministrator will determine the tonnage is determined according to the fol- of rockfish halibut PSC that will be as- lowing procedures: signed to the Rockfish Program. This (i) CQ assigned to rockfish cooperatives amount will be allocated appropriately in the catcher/processor sector. The CQ to the catcher/processor sector and the for a rockfish secondary species that is catcher vessel sector. The tonnage of assigned to a catcher/processor rock- rockfish halibut PSC assigned to a sec- fish cooperative is equal to the amount tor will be further assigned as CQ only of that rockfish secondary species allo- to rockfish cooperative(s) within that cated to the catcher/processor sector in sector. the Rockfish Program as specified in (2) Amount of halibut PSC that may be Table 28c to this part, multiplied by assigned. (i) The amount of halibut PSC the sum of the rockfish QS units for all that may be assigned to the catcher rockfish primary species assigned to vessel and catcher/processor sectors is that catcher/processor rockfish cooper- specified in Table 28d to this part. ative divided by the sum of the rock- (ii) The amount of halibut PSC that fish QS units assigned to rockfish co- is not assigned to the catcher vessel operatives for all rockfish primary spe- and catcher/processor sectors as speci- cies in the catcher/processor sector. fied in Table 28d to this part will not be Expressed algebraically in the fol- assigned for use as halibut PSC or as lowing equation: halibut IFQ. CQ for that Secondary Species = Amount of (3) Use of rockfish halibut PSC by a that rockfish secondary species allocated rockfish eligible harvester. (i) Rockfish to the catcher/processor sector in the halibut PSC assigned to a sector will

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be assigned only to rockfish coopera- fish cooperative/S Rockfish QS units as- tives within that sector. signed to all rockfish cooperatives in the (ii) Rockfish halibut PSC specified in catcher vessel sector). Table 28d is not assigned to rockfish (e) Assigning rockfish QS to a rockfish opt-out vessels. cooperative—(1) General. Each calendar (iii) Rockfish halibut PSC specified year, a person that is participating in in Table 28d is not assigned to the the Rockfish Program may assign an rockfish entry level longline fishery. LLP license and the rockfish QS as- (4) Determining the amount of rockfish signed to that LLP license to a Rock- halibut PSC CQ assigned to a rockfish co- fish cooperative. A rockfish eligible The amount of rockfish hal- operative. harvester assigns rockfish QS to a ibut PSC CQ that is assigned to each rockfish cooperative on a complete ap- rockfish cooperative is determined ac- plication for CQ that is approved by cording to the following procedures: NMFS and that meets the require- (i) CQ assigned to rockfish cooperatives ments of paragraph (f) of this section. in the catcher/processor sector. The CQ for halibut PSC that is assigned to a (i) An LLP license and rockfish QS catcher/processor rockfish cooperative may be assigned to a catcher vessel co- is equal to the amount of halibut PSC operative if that rockfish QS is derived allocated to the catcher/processor sec- from legal rockfish landings assigned tor in the Rockfish Program as speci- to the catcher vessel sector. fied in Table 28d to this part, multi- (ii) An LLP license and rockfish QS plied by the sum of the rockfish QS may be assigned to a catcher/processor units for all rockfish primary species cooperative if that rockfish QS is de- assigned to that catcher/processor rived from rockfish legal landings as- rockfish cooperative divided by the signed to the catcher/processor sector. sum of the rockfish QS units assigned (2) Catcher/Processor opt-out. Each cal- to rockfish cooperatives for all rock- endar year, a person holding an LLP li- fish primary species in the catcher/ cense assigned rockfish QS in the processor sector. This is expressed al- catcher/processor sector may opt-out of gebraically in the following equation: participating in a rockfish cooperative. CQ for rockfish halibut PSC = Amount hal- NMFS will presume a person has opted- ibut PSC allocated to the catcher/proc- out of participating in a rockfish coop- essor sector in the Rockfish Program × (S erative if that person and LLP license Rockfish QS units assigned to that rock- with rockfish QS is not named on a fish cooperative/S Rockfish QS units as- timely submitted Annual Application signed to all rockfish cooperatives in the for Cooperative Fishing Quota. A per- catcher/processor sector). son may not assign an LLP license as- (ii) CQ assigned to rockfish cooperatives signed rockfish QS in the catcher/proc- in the catcher vessel sector. The CQ for essor sector to both a rockfish coopera- halibut PSC that is assigned to a tive and opt-out of participating in a catcher vessel rockfish cooperative is rockfish cooperative. equal to the amount of halibut PSC al- (f) Annual Application for the Rockfish located to the catcher vessel sector in Program—(1) Application for Rockfish Co- the Rockfish Program as specified in operative Fishing Quota (CQ). If a des- Table 28d to this part, multiplied by ignated rockfish cooperative represent- the sum of the rockfish QS units for all ative submits a complete and timely rockfish primary species assigned to application that is approved by NMFS, that catcher vessel rockfish coopera- the cooperative will receive a CQ per- tive divided by the sum of the rockfish mit. The CQ permit will list the QS units assigned to rockfish coopera- amount of CQ, by rockfish primary spe- tives for all rockfish primary species in cies, rockfish secondary species, and the catcher vessel sector. This is ex- halibut PSC held by the rockfish coop- pressed algebraically in the following erative, the members of the rockfish equation: cooperative, LLP licenses assigned to CQ for rockfish halibut PSC = Amount hal- that rockfish cooperative, and the ves- ibut PSC allocated to the catcher vessel sels that are authorized to harvest fish sector in the Rockfish Program × (S under that CQ permit. This application Rockfish QS units assigned to that rock- may only be submitted to NMFS using

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the methods described on the applica- cooperative) that includes terms that tion. specify that: (2) Application forms. Application (1) Rockfish QS holders affiliated forms are available on the NMFS Alas- with rockfish processors cannot par- ka Region Web site at http:// ticipate in price setting negotiations alaskafisheries.noaa.gov, or by con- except as permitted by general anti- tacting NMFS at (800) 304–4846, Option trust law; 2. (2) The rockfish cooperative must es- (3) Deadline. (i) A completed applica- tablish a monitoring program suffi- tion must be received by NMFS no cient to ensure compliance with the later than 1700 hours, A.l.t., on March Rockfish Program; 15, 2012, for the first year of the pro- (3) The proposed fishing plan to be gram and March 1 for all subsequent used by members of the cooperative, years, or if sent by U.S. mail, the appli- including any proposed cooperative cation must be postmarked by that specific monitoring procedures and any time. For applications delivered by voluntary codes of conduct that apply hand delivery or carrier only, the re- to the members of the cooperative, if ceiving date of signature by NMFS applicable; and staff is the date the application was re- (4) Terms and conditions to specify ceived. If the application is submitted the obligations of rockfish QS holders by facsimile, the receiving date of the who are members of the rockfish coop- application is the date stamped re- erative to ensure the full payment of ceived by NMFS. rockfish cost recovery fees that may be (ii) Objective written evidence of due. timely application will be considered (ii) Applicant signature and certifi- as proof of a timely application. cation. The applicant, including the (4) Contents of the Application. A com- processor associate of the rockfish co- pleted application must contain the in- operative, must sign and date the ap- formation specified on the Application plication certifying that all informa- for Rockfish Cooperative Fishing tion is true, correct, and complete to Quota identifying the rockfish coopera- the best of his or her knowledge and tive, members of the cooperative, and belief. If the application is completed processor associate of a catcher vessel by a designated representative, then rockfish cooperative, with all applica- explicit authorization signed by the ap- ble fields accurately filled-in and all plicant must accompany the applica- required documentation attached. tion. (i) Additional documentation. For the (5) Issuance of CQ. NMFS will not cooperative application to be consid- issue a CQ permit if an application is ered complete, the following docu- not complete and approved by NMFS. ments must be attached to the applica- Issuance by NMFS of a CQ permit is tion: not a determination that the rockfish (A) A copy of the business license cooperative is formed or is operating in issued by the state in which the rock- compliance with antitrust law. fish cooperative is registered as a busi- (6) LLP licenses and rockfish QS not ness entity; designated on a timely and complete ap- (B) A copy of the articles of incorpo- plication for rockfish CQ. NMFS will ration or partnership agreement of the prohibit any LLP licenses with rock- rockfish cooperative; fish QS assigned to that LLP license (C) Provide the names of all persons, from fishing in the directed rockfish to the individual level, holding an own- primary fisheries in the Central GOA ership interest in the LLP license and for a calendar year if that LLP license the percentage ownership each person is not designated on a timely and com- and individual holds in the LLP li- plete application for CQ for that cal- cense; endar year that is approved by NMFS. (D) A copy of the rockfish coopera- Rockfish sideboard provisions de- tive agreement signed by the members scribed in § 679.82 shall apply to that of the rockfish cooperative (if different LLP license, as applicable. from the articles of incorporation or (g) Application for inter-cooperative partnership agreement of the rockfish transfer of cooperative quota (CQ)—(1)

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Completed application. NMFS will proc- (ii) Once the amount of shortraker ess an application for inter-cooperative rockfish harvested in the catcher ves- transfer of CQ provided that an elec- sel sector is equal to 9.72 percent of the tronic online transfer application is shortraker rockfish TAC in the Central completed by the transferor and trans- GOA regulatory area, then shortraker feree, with all applicable fields accu- rockfish may not be retained by any rately filled-in. participant in the catcher vessel sector (2) Certification of transferor. (i) The while fishing under the authority of a transferor’s designated representative CQ permit. must log into NMFS’ online system (5) Maximum retainable amount (MRA) and create a transfer request as indi- calculation and limits—catcher/processor cated on the computer screen. By using vessels. The MRA for groundfish species the transferor’s NMFS ID, password, not allocated as CQ (incidental catch and Transfer Key and submitting the species) for vessels fishing under the transfer request, the designated rep- authority of a CQ permit is calculated resentative certifies that all informa- as a proportion of the total allocated tion is true, correct, and complete. rockfish primary species and rockfish (ii) The transferee’s designated rep- secondary species on board the vessel resentative must log into the online in round weight equivalents using the system and accept the transfer request. retainable percentage in Table 30 to By using the transferee’s NMFS ID, this part as determined under password, and Transfer Key, the des- § 679.20(e)(3)(iv). ignated representative certifies that (i) Rockfish cooperative—(1) General. all information is true, correct, and This section governs the formation and complete. operation of rockfish cooperatives. The (h) Maximum retainable amount (MRA) regulations in this section apply only limits—(1) Rockfish cooperative. A vessel to rockfish cooperatives that have assigned to a rockfish cooperative and formed for the purpose of fishing with fishing under a CQ permit may harvest CQ issued annually by NMFS. groundfish species not allocated as CQ (i) Members of rockfish cooperatives up to the amounts of the MRAs for should consult legal counsel before those species as established in Table 30 commencing any activity if the mem- to this part. bers are uncertain about the legality (2) Opt-out vessels. A rockfish eligible under the antitrust laws of the rock- harvester who opted-out of partici- fish cooperative’s proposed conduct. pating in a rockfish cooperative is sub- (ii) Membership in a rockfish cooper- ject to MRAs for rockfish primary spe- ative is voluntary. No person may be cies and rockfish secondary species as required to join a rockfish cooperative. established in Table 10 to this part. (iii) Members may leave a rockfish (3) Rockfish entry level longline fishery. cooperative, but any CQ contributed by A person directed fishing in the rock- the rockfish QS held by that member fish entry level longline fishery may remains assigned to that rockfish coop- harvest groundfish species other than erative for the remainder of the cal- rockfish primary species up to amounts endar year. of the MRAs for those species as estab- (iv) An LLP license or vessel that has lished in Table 10 to this part. been assigned to a rockfish cooperative (4) Maximum retainable amount (MRA) and that leaves the rockfish coopera- calculation and limits—catcher vessels. (i) tive continues to be subject to the The MRA for groundfish species not al- sideboard provisions established for located as CQ (incidental catch species) that rockfish cooperative under for vessels fishing under the authority § 679.82(d) and (e), as applicable, for of a CQ permit is calculated as a pro- that calendar year. portion of the total allocated rockfish (v) If a person becomes the holder of primary species and rockfish secondary an LLP license that had been pre- species on board the vessel in round viously assigned to a rockfish coopera- weight equivalents using the retainable tive, then that person may join that percentage in Table 30 to this part; ex- rockfish cooperative upon receipt of cept that— that LLP license, but may not assign

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that LLP license to another rockfish tact point for NMFS for questions re- cooperative during that calendar year. garding the operation of the rockfish (2) Legal and organizational require- cooperative. The designated represent- ments. A rockfish cooperative must ative must be an individual, and may meet the following legal and organiza- be a member of the rockfish coopera- tional requirements before it is eligible tive, or some other individual des- to receive CQ: ignated by the rockfish cooperative; (i) Each rockfish cooperative must be (iii) Each rockfish cooperative must formed as a partnership, corporation, submit a complete and timely applica- or other legal business entity that is tion for CQ. registered under the laws of one of the 50 states or the District of Columbia; (3) General requirements. The fol- (ii) Each rockfish cooperative must lowing table describes the require- appoint an individual as designated ments to form a rockfish cooperative representative to act on the rockfish in the catcher vessel or catcher/proc- cooperative’s behalf and serve as con- essor sector.

Requirement Catcher vessel sector Catcher/processor sector

(i) Who may join a rockfish cooperative? .. Only persons who hold rockfish QS may join a rockfish cooperative. (ii) What is the minimum number of LLP No minimum requirement. licenses that must be assigned to form a rockfish cooperative?

(iii) Is an association with a rockfish proc- Yes, a rockfish QS holder may only be a No. essor required? member of a rockfish cooperative formed in association with a rockfish processor. The rockfish cooperative may not receive rockfish CQ unless a shoreside processor eligible to receive rockfish CQ has indicated that it may be willing to receive rockfish CQ from that cooperative in the application for CQ, as described under § 679.81, that is submitted by that cooperative.

(iv) Is a rockfish cooperative member re- No ...... N/A. quired to deliver catch to the rockfish processor with whom the rockfish coop- erative is associated?

(v) Is there a minimum amount of rockfish No ...... No. QS that must be assigned to a rockfish cooperative for it to be allowed to form?

(vi) What is allocated to the rockfish coop- CQ for rockfish primary species, rockfish secondary species, and rockfish halibut erative? PSC, based on the rockfish QS assigned to all of the LLP licenses that are as- signed to the cooperative.

(vii) Is this CQ an exclusive harvest privi- Yes, the members of the rockfish cooperative have an exclusive harvest privilege to lege?. collectively catch this CQ, or a cooperative may transfer all or a portion of this CQ to another rockfish cooperative.

(viii) Is there a season during which des- Yes, any vessel designated to catch CQ for a rockfish cooperative is limited to ignated vessels may catch CQ? catching CQ during the season beginning on 1200 hours, A.l.t., on May 1 through 1200 hours, A.l.t., on November 15.

(ix) Can any vessel catch a rockfish co- No, only vessels that are named on the application for CQ for that rockfish coopera- operative’s CQ? tive may catch the CQ assigned to that rockfish cooperative. A vessel may be as- signed to only one rockfish cooperative in a calendar year.

(x) Can a member of a rockfish coopera- No, only the rockfish cooperative’s designated representative, and not individual tive transfer CQ individually to another members, may transfer its CQ to another rockfish cooperative. Any such transfer rockfish cooperative without the ap- must be approved by NMFS as established under paragraph (i)(4)(ii) of this section. proval of the other members of the rockfish cooperative?

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Requirement Catcher vessel sector Catcher/processor sector

(xi) Can a rockfish cooperative in the N/A ...... No, a sideboard limit assigned to a rock- catcher/processor sector transfer its fish cooperative in the catcher/proc- sideboard limit? essor sector is a limit applicable to a specific rockfish cooperative, and may not be transferred between rockfish cooperatives.

(xii) Is there a hired master requirement? No, there is no hired master requirement.

(xiii) Can an LLP license be assigned to No, an LLP license may only be assigned to one rockfish cooperative in a calendar more than one rockfish cooperative in a year. A person holding multiple LLP licenses with associated rockfish QS may as- calendar year? sign different LLP licenses to different rockfish cooperatives subject to any other re- strictions that may apply.

(xiv) Can a rockfish processor be associ- Yes ...... N/A. ated with more than one rockfish coop- erative?

(xv) Can an LLP license be assigned to a N/A ...... No, each calendar year an LLP license rockfish cooperative and opt-out of par- must either be assigned to a rockfish ticipating in a rockfish cooperative? cooperative or opt-out.

(xvi) Which members may harvest the That is determined by the rockfish cooperative contract signed by its members. Any rockfish cooperative’s CQ? violations of this contract by one cooperative member may be subject to civil claims by other members of the rockfish cooperative.

(xvii) Does a rockfish cooperative need a Yes, a rockfish cooperative must have a membership agreement or contract that contract? specifies how the rockfish cooperative intends to harvest its CQ. A copy of this agreement or contract must be submitted to NMFS with the cooperative’s applica- tion for CQ.

(xviii) What happens if the rockfish coop- A rockfish cooperative is not authorized to catch fish in excess of its CQ and must erative exceeds its CQ amount? not exceed its CQ amount at the end of the calendar year. Exceeding a CQ is a vio- lation of the Rockfish Program regulations. Each member of the rockfish coopera- tive is jointly and severally liable for any violations of the Rockfish Program regula- tions while fishing under authority of a CQ permit. This liability extends to any per- sons who are hired to catch or receive CQ assigned to a rockfish cooperative. Each member of a rockfish cooperative is responsible for ensuring that all members of the rockfish cooperative comply with all regulations applicable to fishing under the Rockfish Program.

(xix) Is there a limit on how much CQ a Yes, see § 679.82(a) for the provisions that apply. rockfish cooperative may hold or use?

(xx) Is there a limit on how much CQ a Yes, see § 679.82(a) for the provisions that apply. vessel may harvest?

(xxi) Is there a requirement that a rockfish Yes, see § 679.85 for the provisions that apply. cooperative pay rockfish cost recovery fees?

(xxii) When does catch count against my Any vessel fishing checked-in (and therefore fishing under the authority of a CQ CQ permit? permit must count any catch of rockfish primary species, rockfish secondary spe- cies, or rockfish halibut PSC against that rockfish cooperative’s CQ from May 1 until November 15, or until the effective date of a rockfish cooperative termination of fish- ing declaration that has been approved by NMFS).

(xxiii) If my vessel is checked-out and No. If you are fishing in a directed flatfish fishery and checked-out of the Rockfish fishing in a directed flatfish fishery in Program fisheries, you are not fishing under the authority of a CQ permit. Ground- the Central GOA and I catch groundfish fish harvests would not be debited against the rockfish cooperative’s CQ permit. In and halibut PSC, does that count this case, any catch of halibut would be attributed to the halibut PSC limit for that di- against the rockfish cooperative’s CQ? rected target fishery and gear type and any applicable sideboard limit.

(xxiv) Can my rockfish cooperative nego- The rockfish cooperatives formed under the Rockfish Program are intended to con- tiate prices for me? duct and coordinate harvest activities for their members. Rockfish cooperatives formed under the Rockfish Program are subject to existing antitrust laws. Collective price negotiation by a rockfish cooperative must be conducted in accordance with existing antitrust laws.

(xxv) Are there any special reporting re- Yes, each year a rockfish cooperative must submit an annual rockfish cooperative quirements? report to NMFS by December 15 of that year. See § 679.5(r)(6) for the reporting re- quirements.

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Requirement Catcher vessel sector Catcher/processor sector

(xxvi) What is required in the annual rock- The annual rockfish cooperative report must include at a minimum: fish cooperative report? (A) The rockfish cooperative’s CQ, sideboard limit (if applicable), and any rockfish sideboard fishery harvests made by the vessels in the rockfish cooperative on a vessel-by-vessel basis; (B) The rockfish cooperative’s actual retained and discarded catch of CQ, and sideboard limit on an area-by-area and vessel-by-vessel basis; (C) A description of the method used by the rockfish cooperative to monitor fisheries in which rockfish cooperative vessels participated; and (D) A description of any civil actions taken by the rockfish cooperative in response to any members that exceeded their allowed catch.

(4) Additional requirements—(i) Restric- (G) A rockfish cooperative in the tions on fishing CQ assigned to a rockfish catcher/processor sector may not cooperative. A person fishing CQ as- transfer any sideboard limit assigned signed to a rockfish cooperative must to it; and maintain a copy of the CQ permit on- (H) After November 15 of the year for board any vessel that is being used to which the CQ permit is issued, or upon harvest any rockfish primary species, approval of a rockfish cooperative ter- or rockfish secondary species, or that mination of fishing declaration de- uses any rockfish halibut PSC CQ. scribed in § 679.4(n)(2): (ii) Transfer of CQ between rockfish co- (1) A cooperative may only use rock- operatives. Rockfish cooperatives may fish primary species and rockfish sec- transfer CQ during a calendar year ondary species CQ for transfer; with the following restrictions: ( ) A cooperative may not transfer (A) A rockfish cooperative may only 2 transfer CQ to another rockfish cooper- halibut PSC CQ; ative; (5) Use of CQ. (i) A rockfish coopera- (B) A rockfish cooperative may only tive in the catcher vessel sector may receive CQ from another rockfish coop- not use a rockfish primary species CQ erative; in excess of the amounts specified in (C) A rockfish cooperative may trans- § 679.82(a). fer or receive rockfish CQ only if that (ii) For purposes of CQ use cap cal- cooperative has been assigned at least culation, the total amount of CQ held two LLP licenses with rockfish QS as- or used by a person is equal to all tons signed to those LLP licenses; of CQ derived from the rockfish QS (D) A rockfish cooperative in the held by that person and assigned to the catcher vessel sector may not transfer rockfish cooperative and all tons of CQ any CQ to a rockfish cooperative in the assigned to that person by the rockfish catcher/processor sector; cooperative from approved transfers. (E) A rockfish cooperative in the (iii) The amount of rockfish QS held catcher/processor sector may not by a person, and CQ derived from that transfer any rougheye rockfish CQ or rockfish QS is calculated using the in- shortraker rockfish CQ to a rockfish dividual and collective use cap rule es- cooperative in the catcher vessel sec- tablished in § 679.82(a). tor. (6) Successors-in-interest. If a member (F) A rockfish cooperative receiving of a rockfish cooperative dies (in the rockfish primary species CQ by trans- case of an individual) or dissolves (in fer must assign that rockfish primary the case of a business entity), the LLP species CQ to a member(s) of the rock- fish cooperative for the purposes of ap- license(s) and associated rockfish QS plying the use caps established under held by that person will be transferred § 679.82(a). NMFS will not approve a to the legal successor-in-interest under transfer if that member would exceed the procedures described in the use cap as a result of the transfer. § 679.4(k)(6)(iv)(A). However, the CQ de- Rockfish secondary species or halibut rived from that rockfish QS and as- PSC CQ is not assigned to a specific signed to the rockfish cooperative for member of a rockfish cooperative; that year from that person remains

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under the control of the rockfish coop- during a calendar year that is greater erative for the duration of that cal- than an amount resulting from 30.0 endar year. Each rockfish cooperative percent of the aggregate rockfish pri- is free to establish its own internal mary species QS initially assigned to procedures for admitting a successor- the catcher vessel sector. in-interest during the fishing season to (4) Vessel use cap. (i) A catcher vessel reflect the transfer of an LLP license may not harvest an amount of rockfish and associated rockfish QS. primary species CQ greater than 8.0 [76 FR 81277, Dec. 27, 2011; 77 FR 2478, Jan. 18, percent of the aggregate rockfish pri- 2012, as amended at 80 FR 80703, Dec. 28, 2015] mary species CQ issued to the catcher vessel sector during a calendar year. § 679.82 Rockfish Program use caps (ii) A catcher/processor vessel may and sideboard limits. not harvest an amount of rockfish pri- (a) Use caps —(1) General. (i) Use caps mary species CQ greater than 60.0 per- limit the amount of rockfish QS that cent of the aggregate rockfish primary may be held or used by a rockfish eligi- species CQ issued to the catcher/proc- ble harvester and the amount of CQ essor sector during a calendar year. that may be held or used by a rockfish (5) Use cap for rockfish processors. (i) A cooperative, harvested by a vessel, or rockfish processor may not receive or received or processed by a rockfish process an amount of rockfish primary processor. species harvested with CQ assigned to (ii) Use caps do not apply to halibut the catcher vessel sector greater than PSC CQ. 30.0 percent of the aggregate rockfish (iii) Use caps may not be exceeded primary species CQ assigned to the unless the entity subject to the use cap catcher vessel sector during a calendar is specifically allowed to exceed a cap year. according to the criteria established (ii) A rockfish processor may not re- under this paragraph (a), or by an oper- ceive or process an amount of Pacific ation of law. cod harvested with CQ assigned to the (iv) All rockfish QS use caps are catcher vessel sector greater than 30.0 based on the aggregate rockfish pri- percent of Pacific cod CQ issued to the mary species initial rockfish QS pool catcher vessel sector during a calendar established by NMFS in Table 29 to this part. year. (v) Sablefish and Pacific cod CQ proc- (iii) A rockfish processor may not re- essing use caps are based on the ceive or process an amount of sablefish amount of CQ assigned to the catcher harvested with CQ assigned to the vessel sector during a calendar year. catcher vessel sector greater than 30.0 (2) Rockfish QS use cap. A person may percent of sablefish CQ issued to the not individually or collectively hold or catcher vessel sector during a calendar use more than: year. (i) Four (4.0) percent of the aggregate (iv) The amount of aggregate rock- rockfish primary species QS initially fish primary species, Pacific cod, or sa- assigned to the catcher vessel sector blefish CQ assigned to the catcher ves- and resulting CQ unless that rockfish sel sector that is received by a rockfish eligible harvester qualifies for an ex- processor is calculated based on the emption to this use cap under para- sum of all landings made with CQ re- graph (a)(6) of this section; ceived or processed by that rockfish (ii) Forty (40.0) percent of the aggre- processor and the CQ received or proc- gate rockfish primary species QS ini- essed by any person affiliated with that tially assigned to the catcher/processor rockfish processor as that term is de- sector and resulting CQ unless that fined in § 679.2. rockfish eligible harvester qualifies for (6) Use cap exemptions—(i) Rockfish an exemption to this use cap under QS. A rockfish QS holder may receive paragraph (a)(6) of this section. an initial allocation of aggregate rock- (3) Catcher vessel cooperative rockfish fish QS in excess of the use cap in that CQ use cap. A catcher vessel rockfish sector only if that rockfish QS is as- cooperative may not hold or use an signed to LLP license(s) held by that amount of rockfish primary species CQ rockfish eligible harvester prior to

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June 14, 2010, and continuously through a revised Federal Fisheries Permit and/ the time of application for rockfish QS. or LLP license that displays the (ii) Transfer limitations. A rockfish el- sideboard limitation(s) that may apply igible harvester that receives an initial to that FFP or LLP on its face. allocation of aggregate rockfish QS (3) Appeals. A vessel owner or LLP li- that exceeds the use cap listed in para- cense holder who believes that NMFS graph (a)(2) of this section shall not re- has incorrectly identified his or her ceive any rockfish QS by transfer (ex- vessel or LLP license as meeting the cept by operation of law) unless and criteria for a sideboard limitation, or until that harvester’s holdings of ag- who disagrees with the specific gregate rockfish QS in that sector are sideboard ratio assigned to that LLP reduced to an amount below the use license, may make a contrary claim cap specified in paragraph (a)(2) of this and provide evidence to NMFS. All section. claims must be submitted in writing (b) Opt-out. Any vessel named on an with any documentation or evidence LLP license that is not named on an supporting the request within 30 days approved Annual Application for Coop- of being notified by NMFS of the erative Fishing Quota, may not fish sideboard limitation. NMFS will pro- with any vessel named on the opted- vide instructions for submitting such out LLP license during that fishing claims with the sideboard notification. year in any directed fishery for any An applicant must submit any docu- rockfish primary species in the Central mentation or evidence supporting a GOA and waters adjacent to the Cen- claim within 30 days of being notified tral GOA when the rockfish primary by NMFS of the sideboard limitation. species caught by that vessel is de- If NMFS finds the claim is unsup- ducted from the Federal TAC specified ported, the claim will be denied in an under § 679.20. Initial Administrative Determination (c) Sideboard limitations—General. The (IAD). The affected persons may appeal regulations in this section restrict the this IAD using the procedures de- vessels and holders of LLP licenses scribed in § 679.43. with rockfish legal landings that could (4) Duration of sideboard limits. Unless generate rockfish QS from using the in- otherwise specified, all sideboard limi- creased flexibility provided by the tations established under paragraph (e) Rockfish Program to expand their level of this section only apply from July 1 of participation in other GOA ground- through July 31 of each year. fish fisheries. These limitations are (d) Sideboard provisions for catcher ves- commonly known as ‘‘sideboards.’’ sels—(1) Vessels subject to catcher vessel (1) Classes of sideboard restrictions. sideboard limits. Any vessel not speci- Three types of sideboard restrictions fied in paragraph (d)(2) of this section apply under the Rockfish Program: that NMFS has determined meets any (i) Catcher vessel sideboard restric- of the following criteria is subject to tions as described under paragraph (d) the provisions under this paragraph (d): of this section; (i) Any vessel whose rockfish legal (ii) Catcher/processor rockfish landings could be used to generate sideboard restrictions as described rockfish QS for the catcher vessel sec- under paragraph (e) of this section; tor; and, and, (ii) Any vessel named on an LLP li- (iii) Opt-out sideboard restrictions as cense under whose authority rockfish described under paragraphs (e) and (f) legal landings were made that could be of this section. used to generate rockfish QS for the (2) Notification of affected vessel owners catcher vessel sector. and LLP license holders. After NMFS de- (2) Applicability of sideboard provisions termines which vessels and LLP li- for specific catcher vessels. The following censes may be subject to sideboard lim- vessels are exempt from the sideboard itations as described in paragraphs (d) limits in paragraph (d) of this section: through (f) of this section, NMFS will (i) Any AFA catcher vessel that is inform each vessel owner and LLP li- not exempt from GOA groundfish cense holder in writing of the type of sideboards under the AFA as specified rockfish sideboard limitation and issue under § 679.64(b)(2)(ii);

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(ii) Any vessel that made rockfish rockfish QS for the catcher/processor legal landings during the fishery sea- sector in the Rockfish Program; or sons established in Table 28a to this (ii) Any vessel named on an LLP li- part and during the entry level trawl cense under whose authority rockfish fishery during 2007, 2008, or 2009 estab- legal landings were made that could be lished in Table 28b to this part and used to generate rockfish QS for the that is designated on an approved ap- catcher/processor sector in the Rock- plication for rockfish QS as being ex- fish Program. cluded from the Rockfish Program as (2) Prohibition for directed rockfish specified under § 679.80(d)(4)(ii); and fishing in the Western GOA and West (iii) Any vessel named on an LLP li- Yakutat District by non-Amendment 80 cense under whose authority rockfish vessels assigned to the catcher/processor legal landings were made during the sector. Any vessel that meets the cri- fishery seasons established in Table 28a teria established in paragraph (e)(1) of to this part and during the entry level this section and that is not an Amend- trawl fishery during 2007, 2008, or 2009 ment 80 vessel is prohibited from di- established in Table 28b to this part if rected fishing for northern rockfish, that LLP license is designated on an Pacific ocean perch, and pelagic shelf approved application for rockfish QS as rockfish in the Western GOA and West being excluded from the Rockfish Pro- Yakutat District (or in waters adjacent gram as specified under § 679.80(d)(4)(ii). to the Western GOA and West Yakutat (3) Prohibition for directed fishing in District when northern rockfish, Pa- the Western GOA and West Yakutat Dis- cific ocean perch, and pelagic shelf trict rockfish fishery during July. Vessels rockfish by that vessel is deducted subject to the provisions in this para- from the Federal TAC as specified graph (d) may not participate in di- under § 679.20) from July 1 through July rected fishing in the Western GOA and 31. West Yakutat District for northern (3) Calculation of rockfish and halibut rockfish, Pacific ocean perch, and pe- PSC sideboard limits assigned to each lagic shelf rockfish (or in waters adja- LLP license in the catcher/processor sec- cent to the Western GOA and West tor. NMFS will determine specific rock- Yakutat District when northern rock- fish sideboard ratios for each LLP li- fish, Pacific ocean perch, and pelagic cense assigned to the catcher/processor shelf rockfish by that vessel is de- sector that could generate rockfish QS. ducted from the Federal TAC as speci- These rockfish sideboard ratios will be fied under § 679.20) from July 1 through noted on the face of an LLP license and July 31. will be calculated as follows: (4) Prohibition for directed fishing in (i) For each rockfish sideboard fish- the specific GOA flatfish fisheries during ery, divide the retained catch of that July. Vessels subject to the provisions rockfish sideboard fishery from July 1 in this paragraph (d) may not partici- through July 31 in each year from 2000 pate in directed fishing for arrowtooth through 2006 made under the authority flounder, deep-water flatfish, and rex of that LLP license, by the total re- sole in the GOA (or in waters adjacent tained catch of that rockfish sideboard to the GOA when arrowtooth flounder, fishery from July 1 through July 31 in deep-water flatfish, and rex sole caught each year from 2000 through 2006 by by that vessel is deducted from the vessels operating under the authority Federal TAC as specified under § 679.20) of all eligible LLP licenses in the from July 1 through July 31. catcher/processor sector. (e) Rockfish and halibut PSC sideboard (ii) For the deep-water halibut PSC provisions for catcher/processor vessels— sideboard limit, divide the halibut PSC (1) Vessels subject to catcher/processor used in the deep-water complex, except sideboard limits. Any vessel that NMFS in the Central GOA rockfish fisheries, has determined meets any of the fol- from July 1 through July 31 in each lowing criteria is subject to the provi- year from 2000 through 2006 under the sions under this paragraph (e): authority of that LLP license, by the (i) Any vessel whose rockfish legal total deep-water halibut PSC used from landings could be used to generate July 1 through July 31 in each year

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from 2000 through 2006 by vessels oper- year from 2000 through 2006 by vessels ating under the authority of all LLP li- operating under the authority of all censes in the catcher/processor sector. LLP licenses in the catcher/processor (iii) For the shallow-water halibut sector. PSC sideboard limit, divide the halibut (4) Western GOA and West Yakutat Dis- PSC used in the shallow-water complex trict rockfish sideboard ratios. The rock- from July 1 through July 31 in each fish sideboard ratio for each rockfish year from 2000 through 2006 under the fishery in the Western GOA and West authority of that LLP license, by the Yakutat District is established in the total shallow-water halibut PSC used following table: from July 1 through July 31 in each

The sideboard limit for the catcher/ For the management area of the . . . In the directed fishery for . . . processor sector is . . .

West Yakutat District ...... Pelagic shelf rockfish ...... ** percent of the TAC. Pacific ocean perch ...... ** percent of the TAC. Western GOA ...... Pelagic shelf rockfish ...... 72.3 percent of the TAC. Pacific ocean perch ...... 50.6 percent of the TAC. Northern rockfish ...... 74.3 percent of the TAC.

(5) GOA halibut PSC sideboard ratios. graph (e)(3) of this section not assigned (i) The annual deep-water complex hal- to rockfish cooperatives. ibut PSC sideboard limit in the GOA is (8) Management of a rockfish opt-out 2.5 percent of the annual halibut mor- sideboard limit. (i) If the Regional Ad- tality limit. ministrator determines that an annual (ii) The annual shallow-water com- rockfish sideboard limit for opt-out plex halibut PSC sideboard limit in the vessels is sufficient to support directed GOA is 0.1 percent of the annual hal- fishing for that rockfish sideboard fish- ibut mortality limit. ery, the Regional Administrator may (6) Assigning a rockfish sideboard limit establish a directed fishing allowance to a rockfish cooperative. Each rockfish applicable to holders of catcher/proc- cooperative in the catcher/processor essor designated LLPs that have opted- sector will be assigned a portion of the out of participating in a rockfish coop- rockfish sideboard limit for each rock- erative. fish species established in paragraph (ii) If the Regional Administrator de- (e)(4) of this section according to the termines that a sideboard limit is in- following formula. sufficient to support a directed fishing (i) For each rockfish sideboard fish- allowance for that rockfish sideboard ery specified in paragraph (e)(4) of this fishery, then the Regional Adminis- section, sum the rockfish sideboard ra- trator may not allow directed fishing tios of all LLP licenses as calculated and set the allowance to zero for catch- under paragraph (e)(3) of this section er/processor opt-out vessels from July 1 assigned to that rockfish cooperative through July 31. and multiply this result by the amount (iii) Upon determining that a halibut of TAC (in metric tons) assigned to PSC sideboard limit is or will be that rockfish sideboard fishery. reached, the Regional Administrator (ii) Once assigned, a catcher/proc- will publish notification in the FED- essor rockfish cooperative may not ex- ERAL REGISTER prohibiting directed ceed any rockfish sideboard limit as- fishing for the rockfish sideboard fish- signed to that cooperative from July 1 ery in the regulatory area or district through July 31. for catcher/processor opt-out vessels (7) Assigning a rockfish sideboard limit that will be effective from July 1 to catcher/processors that opt-out of par- through July 31. ticipating in rockfish cooperatives. Hold- (9) Assigning deep-water and shallow- ers of catcher/processor designated water halibut PSC sideboard limits to a LLP licenses that opt-out of partici- rockfish cooperative. Each rockfish co- pating in a rockfish cooperative will operative in the catcher/processor sec- receive the portion of each rockfish tor will be assigned a percentage of the sideboard limit established in para- deep-water and shallow-water halibut

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PSC sideboard limits based on the fol- sures will be implemented if a halibut lowing calculation: PSC sideboard limit is reached: (i) Sum the deep-water ratios of all (A) If the shallow-water halibut PSC LLP licenses assigned to that rockfish sideboard limit for catcher/processor cooperative and multiply this result by opt-out vessels is or will be reached, the amount set out in paragraph then NMFS will close directed fishing (e)(5)(i) of this section; and in the GOA for: (ii) Sum the shallow-water ratios of (1) Flathead sole; and all LLP licenses assigned to that rock- (2) Shallow-water flatfish. fish cooperative and multiply this re- (B) If the deep-water halibut PSC sult by the amount set out in para- sideboard limit is or will be reached for graph (e)(5)(ii) of this section; and catcher/processor opt-out vessels, then (iii) A rockfish cooperative may not NMFS will close directed fishing in the exceed any deep-water or shallow- GOA for: water halibut PSC sideboard limit as- (1) Rex sole; signed to that cooperative. (2) Deep-water flatfish; and (3) Arrowtooth flounder. (10) Assigning a halibut PSC limit to (iv) Halibut PSC accounting. Any hal- catcher/processor opt-out vessels. Catch- ibut mortality occurring under a CQ er/processor opt-out vessels will receive permit from July 1 through July 31 will the portion of the deep-water and shal- not apply against the halibut PSC low-water halibut PSC sideboard limit sideboard limits established in para- not assigned to catcher/processor rock- graph (e)(5) of this section. fish cooperatives. (f) Sideboard provisions—catcher/proc- (11) Management of halibut PSC limits essor opt-out provisions—(1) Vessels sub- assigned to catcher/processor opt-out ves- ject to opt-out sideboard provisions. In sels. (i) If the Regional Administrator addition to the sideboards for opt-out determines that a halibut PSC vessels in paragraphs (e)(7) and (e)(10) sideboard limit for opt-out vessels is of this section, any catcher/processor sufficient to support a directed fishing opt-out vessel that NMFS has deter- allowance for groundfish in the deep- mined meets any of the following cri- water or shallow-water halibut PSC teria is subject to the provisions under complex, then the Regional Adminis- this paragraph (f): trator may establish a directed fishing (i) Any vessel whose legal rockfish allowance for that species or species landings could be used to generate group applicable to catcher/processor rockfish QS for the catcher/processor opt-out vessels. sector that is not assigned to a rock- (ii) If the Regional Administrator de- fish cooperative; or, termines that a sideboard limit is in- (ii) Any vessel named on an LLP li- sufficient to support a directed fishing cense under whose authority legal allowance for groundfish in the deep- rockfish landings were made that could water or shallow-water halibut PSC be used to generate rockfish QS for the complex, then the Regional Adminis- catcher/processor sector and that is not trator may not allow directed fishing assigned to a rockfish cooperative. and set the allowance to zero for the (2) Prohibitions on directed fishing in deep-water or shallow-water halibut GOA groundfish fisheries without pre- PSC complex for catcher/processor opt- vious participation. (i) Any vessel that is out vessels from July 1 through July subject to the opt-out sideboard re- 31. striction under paragraph (f) of this (iii) Upon determining that a halibut section is prohibited from directed PSC sideboard limit is or will be fishing in any groundfish fishery in the reached, the Regional Administrator GOA and waters adjacent to the GOA will publish notification in the FED- when groundfish caught by that vessel ERAL REGISTER prohibiting directed is deducted from the Federal TAC spec- fishing for the species or species in ified under § 679.20 (except sablefish that complex for catcher/processors harvested under the IFQ Program) opt-out vessels that will be effective from July 1 through July 14 of each from July 1 through July 31. The fol- year if that vessel has not participated lowing specific directed fishing clo- in that directed groundfish fishery in

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any 2 years from 2000 through 2006 dur- open the rockfish entry level longline ing the following time periods: fishery if he or she deems it appro- (A) July 9, 2000, through July 15, 2000; priate for conservation or other man- (B) July 1, 2001, through July 7, 2001; agement measures. Factors such as the (C) June 30, 2002, through July 6, 2002; total allocation, anticipated harvest (D) June 29, 2003, through July 5, 2003; rates, and number of participants will (E) July 4, 2004, through July 10, 2004; be considered in making any such deci- (F) July 3, 2005, through July 9, 2005; sion. and (b) [Reserved] (G) July 2, 2006, through July 8, 2006. (ii) For purposes of determining par- § 679.84 Rockfish Program record- ticipation in a directed groundfish fish- keeping, permits, monitoring, and ery for paragraph (f)(2)(i) of this sec- catch accounting. tion, a vessel may participate: (a) Recordkeeping and reporting. See (A) In the flathead sole and shallow- § 679.5(r). water flatfish fisheries if that vessel (b) Permits. See § 679.4(n). participated in a directed groundfish (c) Catch monitoring requirements for fishery for either of these two fisheries catcher/processors assigned to a rockfish during any 2 years during the 2000 cooperative. The requirements under through 2006 qualifying period defined paragraphs (c)(1) through (10) of this in paragraph (f)(2)(i) of this section; section apply to any catcher/processor and vessel assigned to a rockfish coopera- (B) In the arrowtooth flounder, deep- tive at all times when that vessel has water flatfish, and rex sole fisheries if groundfish onboard that were har- that vessel participated in a directed vested under a CQ permit, or that were groundfish fishery for any of these harvested by a vessel subject to a rock- three fisheries during any 2 years dur- fish sideboard limit as described under ing the 2000 through 2006 qualifying pe- § 679.82(c) through (f), as applicable. riod defined in paragraph (f)(2)(i) of The vessel owner or operator must en- this section. sure that: (1) Catch weighing. All catch is § 679.83 Rockfish Program entry level weighed on a NMFS-approved scale in longline fishery. compliance with the scale require- (a) Rockfish entry level longline fish- ments at § 679.28(b). Each haul must be ery—(1) Rockfish primary species alloca- weighed separately and all catch must tions. Vessels participating in the rock- be made available for sampling by an fish entry level longline fishery may observer. collectively harvest an amount not (2) Observer sampling station. An ob- greater than the total allocation to the server sampling station meeting the re- rockfish entry level longline fishery as quirements at § 679.28(d) is available at described in Table 28e to this part. all times. (2) Participation. Catcher vessels fish- (3) Observer coverage requirements. The ing under a CQ permit must first be vessel is in compliance with the ob- checked-out of the Rockfish Program server coverage requirements described by the catcher vessel cooperative’s des- at § 679.51(a)(2). ignated representative to participate (4) Operational line. The vessel has no in the entry level longline fishery (see more than one operational line or § 679.5(r)(8)(i)(B) for check-out proce- other conveyance for the mechanized dures). movement of catch between the scale (3) Rockfish secondary species alloca- used to weigh total catch and the loca- tions. Rockfish secondary species shall tion where the observer collects species not be allocated to the rockfish entry composition samples. level longline fishery. Rockfish sec- (5) Fish on deck. No fish are allowed ondary species shall be managed based to remain on deck unless an observer is on an MRA for the target species as de- present, except for fish inside the scribed in Table 10 to this part. codend and fish spilled from the codend (4) Opening of the rockfish entry level during hauling and dumping. Fish longline fishery. The Regional Adminis- spilled from the codend must be moved trator maintains the authority to not to the fish bin.

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(6) Sample storage. The vessel owner § 679.51(a)(2) at all times the vessel is or operator provides sufficient space to participating in a rockfish cooperative. accommodate a minimum of 10 ob- (f) Catch monitoring requirements for server sampling baskets. This space shoreside processors—(1) Catch moni- must be within or adjacent to the ob- toring and control plan (CMCP). The server sample station. owner or operator of a shoreside proc- (7) Pre-cruise meeting. The Observer essor receiving deliveries from a catch- Program is notified by phone at 1 (907) er vessel described in § 679.51(a)(2) must 481–1770 (Kodiak, AK) at least 24 hours ensure the shoreside processor com- prior to departure when the vessel will plies with the CMCP requirements de- be carrying an observer who has not scribed in § 679.28(g). previously been deployed on that vessel (2) Catch weighing. All groundfish within the last 12 months. Subsequent landed by catcher vessels described in to the vessel’s departure notification, § 679.51(a)(2) must be sorted, weighed on but prior to departure, NMFS may con- a scale approved by the State of Alaska tact the vessel to arrange for a pre- as described in § 679.28(c), and be made cruise meeting. The pre-cruise meeting available for sampling by an observer, must minimally include the vessel op- NMFS staff, or any individual author- erator or manager and any observers ized by NMFS. Any of these persons assigned to the vessel. must be allowed to test any scale used (8) Belt and flow operations. The vessel to weigh groundfish to determine its operator stops the flow of fish and accuracy. clears all belts between the bin doors (g) Catch accounting—(1) Rockfish pri- and the area where the observer col- mary species and rockfish secondary spe- lects samples of unsorted catch when cies. All rockfish primary species and requested to do so by the observer. rockfish secondary species harvests (including harvests of those species in (9) Vessel crew in tanks or bins. The waters adjacent to the Central GOA vessel owner or operator must comply that are deducted from the Federal with the bin monitoring standards TAC as specified under § 679.20) of a ves- specified in § 679.28(i). sel, that is named on an LLP license (10) Catch from an in- Mixing of hauls. that is assigned to a rockfish coopera- dividual haul is not mixed with catch tive and fishing under a CQ permit, will from another haul prior to sampling by be debited against the CQ for that a NMFS-certified observer; rockfish cooperative from May 1: (d) Catch monitoring requirements for (i) Until November 15; or catcher/processors opt-out vessels. The re- (ii) Until that rockfish cooperative quirements under paragraphs (c)(1) has submitted a rockfish cooperative through (9) of this section apply to any termination of fishing declaration that catcher/processor opt-out vessels at all has been approved by NMFS. times when that vessel has groundfish (2) Rockfish halibut PSC. All halibut onboard that were harvested by a ves- PSC in the Central GOA (including hal- sel subject to a sideboard limit as de- ibut PSC in the waters adjacent to the scribed under § 679.82(f), as applicable. Central GOA when rockfish primary The vessel owner or operator must en- species and rockfish secondary species sure that: caught by that vessel are deducted (1) Catch from an individual haul is from the Federal TAC specified under not mixed with catch from another § 679.20) used by a vessel, that is named haul prior to sampling by an observer; on an LLP license that is assigned to a (2) All catch be made available for rockfish cooperative and fishing under sampling by an observer; and a CQ permit, will be debited against (3) The requirements in paragraphs the CQ for that rockfish cooperative (c)(3), (c)(4), (c)(5), (c)(8), and (c)(9) of from May 1, this section are met. (i) Until November 15; or (e) Catch monitoring requirements for (ii) Until the designated representa- catcher vessels. The owner or operator tive of that rockfish cooperative has of a catcher vessel must ensure the ves- submitted a rockfish cooperative ter- sel complies with the observer cov- mination of fishing declaration that erage requirements described in has been approved by NMFS.

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(3) Groundfish sideboard limits. All sponsible for submitting the cost re- groundfish harvests (including harvests covery payment for all rockfish CQ of those species in waters adjacent to landings made under the authority of the Central GOA that are deducted their rockfish CQ permit. from the Federal TAC as specified (3) Payment—(i) Payment due date. A under § 679.20) of a catcher/processor rockfish CQ permit holder must submit vessel that is subject to a sideboard any rockfish cost recovery fee liability limit for that groundfish species as de- payment(s) to NMFS at the address scribed under § 679.82(e), except ground- provided in paragraph (a)(3)(iii) of this fish harvested by a vessel fishing under section no later than February 15 of a CQ permit in the Central GOA, will the year following the calendar year in be debited against the sideboard limit which the rockfish CQ landings were established for that sector or rockfish made. cooperative, as applicable. (ii) Payment recipient. Make elec- (4) Halibut sideboard limits. All halibut tronic payment payable to NMFS. PSC in the GOA (including halibut PSC (iii) Payment address. Submit pay- in the waters adjacent to the GOA ment and related documents as in- when rockfish primary species and structed on the fee submission form. rockfish secondary species caught by Payments must be made electronically that vessel are deducted from the Fed- through the NMFS Alaska Region Web eral TAC specified under § 679.20) used site at http://alaskafisheries.noaa.gov. In- by a catcher/processor vessel, except structions for electronic payment will halibut PSC used by a vessel fishing be made available on both the payment under a CQ permit in the Central GOA, Web site and a fee liability summary will be debited against the sideboard letter mailed to the CQ permit holder. limit established for the rockfish coop- (iv) Payment method. Payment must erative or catcher/processor opt-out be made electronically in U.S. dollars vessel, as applicable from July 1 until by automated clearing house, credit July 31. card, or electronic check drawn on a [67 FR 79734, Dec. 30, 2002, as amended at 77 U.S. bank account. FR 6502, Feb. 8, 2012; 81 FR 67118, Sept. 30, (b) Rockfish standard ex-vessel value 2016; 83 FR 30533, June 29, 2018] determination and use—(1) General. A CQ permit holder must use the rockfish § 679.85 Cost recovery. standard ex-vessel value determined by (a) Cost recovery fees—(1) Responsi- NMFS under paragraph (b)(2) of this bility. The person documented on the section. rockfish CQ permit as the permit hold- (2) Rockfish standard ex-vessel value— er at the time of a rockfish CQ landing (i) General. Each year the Regional Ad- must comply with the requirements of ministrator will publish rockfish this section. standard ex-vessel values in the FED- (i) Subsequent transfer of rockfish ERAL REGISTER during the first quarter CQ or rockfish QS held by rockfish co- of each calendar year. The standard operative members does not affect the prices will be described in U.S. dollars rockfish CQ permit holder’s liability per equivalent pound, for rockfish pri- for noncompliance with this section. mary species and rockfish secondary (ii) Non-renewal of a rockfish CQ per- species landings made by rockfish CQ mit does not affect the CQ permit hold- holders during the previous calendar er’s liability for noncompliance with year. this section. (ii) Effective duration. The rockfish (iii) Changes in the membership in a standard ex-vessel value published by rockfish cooperative, such as members NMFS shall apply to all rockfish pri- joining or departing during the rel- mary species and rockfish secondary evant year, or changes in the amount species landings made by a rockfish CQ of rockfish QS holdings of those mem- holder during the previous calendar bers does not affect the rockfish CQ year. permit holder’s liability for noncompli- (iii) Determination. NMFS will cal- ance with this section. culate the rockfish standard ex-vessel (2) Fee collection. All rockfish CQ value to reflect, as closely as possible holders who receive rockfish CQ are re- by month, the variations in the actual

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ex-vessel values of landings based on based on the calculations described in information provided in the Rockfish paragraph (c)(2) of this section. Ex-vessel Volume and Value Report as (ii) Effective period. The calculated described in § 679.5(r)(10). The Regional rockfish fee percentage is applied to Administrator will base rockfish stand- rockfish CQ landings made in the pre- ard ex-vessel values on the following vious calendar year. types of information: (4) Applicable percentage. The CQ per- (A) Landed pounds by rockfish pri- mit holder must use the rockfish fee mary species and rockfish secondary percentage applicable at the time a species landings and month; rockfish primary species and rockfish (B) Total ex-vessel value by rockfish secondary species landing is debited primary species and rockfish secondary from a rockfish CQ allocation to cal- species landings and month; and culate the rockfish cost recovery fee li- (C) Price adjustments, including ret- ability for any retroactive payments roactive payments. for that rockfish primary species and (c) Rockfish fee percentage—(1) Estab- rockfish secondary species. lished percentage. The rockfish fee per- (5) Fee liability determination for a centage is the amount as determined rockfish CQ holder. (i) All rockfish CQ by the factors and methodology de- holders will be subject to a fee liability scribed in paragraph (c)(2) of this sec- for any rockfish primary species and tion. This amount will be announced rockfish secondary species CQ debited by publication in the FEDERAL REG- from a rockfish CQ allocation during a ISTER in accordance with paragraph calendar year. (c)(3) of this section. This amount must (ii) The rockfish fee liability assessed not exceed 3.0 percent pursuant to 16 to a rockfish CQ holder will be based on U.S.C. 1854(d)(2)(B). the proportion of the standard ex-ves- (2) Calculating fee percentage value. sel value of rockfish primary species Each year NMFS shall calculate and and rockfish secondary species debited publish the fee percentage according to from a rockfish CQ holder relative to the following factors and methodology: all rockfish CQ holders during a cal- (i) Factors. NMFS must use the fol- endar year as determined by NMFS. lowing factors to determine the fee per- (iii) NMFS will provide a fee liability centage: summary letter to all CQ permit hold- ers during the first quarter of the year (A) The catch to which the rockfish following the calendar year in which cost recovery fee will apply; the rockfish CQ landings were made. (B) The ex-vessel value of that catch; The summary will explain the fee li- and ability determination including the (C) The costs directly related to the current fee percentage, details of rock- management, data collection, and en- fish primary species and rockfish sec- forcement of the Rockfish Program. ondary species CQ pounds debited from (ii) Methodology. NMFS must use the rockfish CQ allocations by permit, spe- following equations to determine the cies, date, and prices. fee percentage: (d) Underpayment of fee liability. (1) 100 × DPC/V Pursuant to § 679.81(f), no rockfish CQ where: holder will receive any rockfish CQ DPC = the direct program costs for the until the rockfish CQ holder submits a Rockfish Program for the previous cal- complete application. A complete ap- endar year with any adjustments to the plication shall include full payment of account from payments received in the an applicant’s complete rockfish cost previous year. recovery fee liability. V = total of the standard ex-vessel value of (2) If a rockfish CQ holder fails to the catch subject to the rockfish cost re- submit full payment for rockfish cost covery fee liability for the current year. recovery fee liability by the date de- (3) Publication—(i) General. During scribed in paragraph (a)(3) of this sec- the first quarter of the year following tion, the Regional Administrator may: the calendar year in which the rockfish (i) At any time thereafter send an CQ landings were made, NMFS shall IAD to the CQ permit holder stating calculate the rockfish fee percentage that the CQ permit holder’s estimated

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fee liability, as indicated by his or her § 679.90 Allocation, use, and transfer of own submitted information, is the Amendment 80 QS permits. rockfish cost recovery fee liability due Regulations under this subpart were from the CQ permit holder. developed by NMFS to implement the (ii) Disapprove any application to Amendment 80 Program. Additional transfer rockfish CQ to or from the CQ regulations that implement specific permit holder in accordance with portions of the Amendment 80 Program § 679.81(g). are set out at § 679.2 Definitions, § 679.4 (3) If a rockfish CQ holder fails to Permits, § 679.5 Recordkeeping and re- submit full payment by the rockfish porting (R&R), § 679.7 Prohibitions, cost recovery fee liability payment § 679.20 General limitations, § 679.21 Pro- deadline described at paragraph (a)(3) hibited species bycatch management, of this section: § 679.27 Improved Retention/Improved Utilization Program, § 679.28 Equip- (i) No CQ permit will be issued to ment and operational requirements, that rockfish CQ holder for that cal- § 679.31 CDQ and PSQ reserves, § 679.50 endar year; and Groundfish Observer Program applica- (ii) No rockfish CQ will be issued ble through December 31, 2007, and based on the rockfish QS held by the § 679.64 Harvesting sideboard limits in members of that rockfish cooperative other fisheries. to any other CQ permit for that cal- (a) Issuance of Amendment 80 QS per- endar year. mits—(1) General. NMFS will issue an (4) Upon final agency action deter- Amendment 80 QS permit to a person mining that a CQ permit holder has not who is eligible to receive Amendment paid his or her rockfish cost recovery 80 QS units as described in paragraph fee liability, the Regional Adminis- (a)(2) of this section and based on: trator may continue to prohibit (i) The information contained in an issuance of a CQ permit for any subse- approved application for Amendment quent calendar years until NMFS re- 80 QS as described in paragraph (b) of ceives the unpaid fees. If payment is this section; not received by the 30th day after the (ii) The information contained in the final agency action, the agency may Amendment 80 official record as de- pursue collection of the unpaid fees. scribed in paragraph (c) of this section; (iii) The Amendment 80 QS permit al- (e) Over payment. Upon issuance of location procedures as described in final agency action, payment sub- paragraph (d) of this section; and mitted to NMFS in excess of the rock- (iv) In consideration of any use caps fish cost recovery fee liability deter- as described in § 679.92(a). mined to be due by the final agency ac- (2) Eligibility to receive an Amendment tion will be returned to the CQ permit 80 QS permit—(i) Owner of an Amend- holder unless the permit holder re- ment 80 vessel. A person may receive an quests the agency to credit the excess Amendment 80 QS permit based on the amount against the permit holder’s fu- legal landings of an Amendment 80 ves- ture rockfish cost recovery fee liabil- sel if: ity. Payment processing fees may be (A) That person owns that Amend- deducted from any fees returned to the ment 80 vessel at the time of applica- CQ permit holder. tion for Amendment 80 QS as dem- (f) Appeals. A CQ permit holder who onstrated on an abstract of title or receives an IAD for incomplete pay- USCG documentation; ment of a rockfish fee liability may ap- (B) That person holds an Amendment peal the IAD pursuant to 50 CFR 679.43. 80 LLP license at the time of applica- tion for Amendment 80 QS; (C) That person is a U.S. citizen; Subpart H—Amendment 80 (D) That person submits a timely ap- Program plication for Amendment 80 QS that is approved by NMFS as described in SOURCE: 72 FR 52726, Sept. 14, 2007, unless paragraph (b) of this section; and otherwise noted. (E) A person is not eligible to receive an Amendment 80 QS permit based on

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the legal landings of that Amendment (iii) Hand delivery or carrier: NMFS, 80 vessel under the provisions of para- Room 713, 709 West 9th Street, Juneau, graph (a)(2)(ii) of this section. AK 99801. (ii) Holder of an Amendment 80 LLP li- (2) Application forms. Application cense. A person may receive an Amend- forms are available through the inter- ment 80 QS permit based on the legal net on the NMFS Alaska Region Web landings of an Amendment 80 vessel if: site at http://alaskafisheries.noaa.gov, or (A) At the time of application for by contacting NMFS at 800–304–4846, Amendment 80 QS that person holds Option 2. the LLP license originally assigned to (3) Deadline. A completed application that Amendment 80 vessel and that for Amendment 80 QS must be received Amendment 80 vessel has suffered an by NMFS no later than 1700 hours A.l.t. actual total loss, constructive total on October 15 of the year prior to the loss, or is permanently ineligible to re- fishing year for which the applicant is ceive a fishery endorsement under 46 applying, or if sent by U.S. mail, post- U.S.C. 12108; marked by that time. Applications re- (B) The actual total loss, construc- ceived or postmarked after the dead- tive total loss, or permanent ineligi- line will not be eligible to receive an bility of that Amendment 80 vessel to Amendment 80 QS permit for the up- receive a fishery endorsement under 46 coming fishing year. U.S.C. 12108 has been clearly and unam- (4) Contents of application. A com- biguously established and documented pleted application must contain the in written form in the application for following information: Amendment 80 QS and that documenta- (i) Applicant identification. (A) The ap- tion is accepted by NMFS; plicant’s name, NMFS person ID (if ap- (C) The express terms of a written plicable), tax ID number, permanent contract clearly and unambiguously business mailing address, business tele- provide that the owner(s) of that phone number, business fax number, Amendment 80 vessel transferred all and e-mail (if available); rights and privileges to use the Amend- (B) Indicate (YES or NO) if the appli- ment 80 legal landings from that cant is a U.S. citizen; if YES, enter his Amendment 80 vessel to the person or her date of birth; holding the LLP license originally as- (C) Indicate (YES or NO) if the appli- signed to that Amendment 80 vessel; cant is a U.S. corporation, partnership, (D) That person is a U.S. citizen; and association, or other business entity; if (E) That person has submitted a YES, enter the date of incorporation; timely application for Amendment 80 (D) Indicate (YES or NO) if the appli- QS that is approved by NMFS as de- cant is a successor-in-interest to a de- scribed in paragraph (b) of this section. ceased individual or to a non-indi- (b) Application for Amendment 80 QS— vidual no longer in existence, if YES (1) Submission. A person who wishes to attach evidence of death or dissolution; receive an Amendment 80 QS permit (E) Indicate whether the applicant is must submit a timely and complete ap- applying as the owner of an Amend- plication for Amendment 80 QS. Once a ment 80 vessel or the holder of an LLP person submits a timely and complete license originally assigned to an application for Amendment 80 QS that Amendment 80 vessel; is approved by NMFS, an application (F) For an applicant claiming for Amendment 80 QS is not required to Amendment 80 legal landings associ- be resubmitted. An application for ated with an Amendment 80 vessel, Amendment 80 QS may only be sub- enter the following information for mitted to NMFS using any one of the each Amendment 80 vessel: USCG docu- following methods: mentation number of vessel on which (i) Mail: Regional Administrator, c/o Amendment 80 legal landings were Restricted Access Management Pro- caught and processed, vessel name, gram, NMFS, P.O. Box 21668, Juneau, ADF&G vessel registration number, AK 99802–1668; and LLP license held by that person at (ii) Fax: 907–586–7354; or the time of application;

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(G) If an Amendment 80 vessel has his or her inconsistent claims, or sub- suffered an actual total loss, construc- mit a revised application with claims tive total loss, or is permanently ineli- consistent with information in the gible to receive a fishery endorsement Amendment 80 official record. An ap- under 46 U.S.C. 12108, provide clear and plicant who submits claims that are in- unambiguous documentation in writ- consistent with information in the ten form that the Amendment 80 vessel Amendment 80 official record has the has suffered an actual total loss, con- burden of proving that the submitted structive total loss, or is permanently claims are correct. Any claims that re- ineligible to receive a fishery endorse- main inconsistent or that are not ac- ment under 46 U.S.C. 12108; and cepted after the 30-day evidentiary pe- (H) If applicable, a copy of the ex- riod will be denied, and the applicant press terms of a written contract held will be notified by an IAD of his or her by the applicant that clearly and un- appeal rights under § 679.43. ambiguously indicates that the owner (6) Appeals. If an applicant is notified of the Amendment 80 vessel that has by an IAD that inconsistent claims suffered has an actual total loss, con- made by the applicant have been de- structive total loss, or is permanently nied, that applicant may appeal that ineligible to receive a fishery endorse- IAD under the provisions described at ment under 46 U.S.C. 12108 has trans- § 679.43. ferred all rights and privileges to use (c) Amendment 80 official record—(1) Amendment 80 legal landings and any Use of the Amendment 80 official record. resulting Amendment 80 QS or exclu- The Amendment 80 official record will sive harvest privilege from that contain all information used by the Re- Amendment 80 vessel to the person gional Administrator to determine eli- holding the LLP license originally as- gibility to participate in the Amend- signed to that Amendment 80 vessel. ment 80 Program, assign QS, and any (ii) Applicant signature and certifi- other privileges or limits for the cation. The applicant must sign and Amendment 80 Program. date the application certifying that all (2) Amendment 80 official record pre- information is true, correct, and com- sumed to be correct. The Amendment 80 plete to the best of his or her knowl- official record is presumed to be cor- edge and belief. If the application is rect. An applicant to participate in the completed by a designated representa- Amendment 80 Program has the burden tive, then explicit authorization for the to prove otherwise. designated representative signed by the (3) Documentation is used to establish applicant must accompany the applica- the amount of Amendment 80 legal land- tion. ings. Only Amendment 80 legal landings (5) Application evaluation. The Re- as defined in § 679.2 will be used to as- gional Administrator will evaluate ap- sign Amendment 80 QS units to an plications received as specified in this Amendment 80 QS permit unless an paragraph (b)(5) of this section and Amendment 80 vessel has no Amend- compare all claims in an application ment 80 legal landings, in which case with the information in the Amend- Amendment 80 QS units will be allo- ment 80 official record. Application cated to the Amendment 80 QS permit claims that are consistent with infor- derived from that Amendment 80 vessel mation in the Amendment 80 official according to the procedures established record will be approved by the Regional under paragraphs (d)(1)(iii) and (iv) of Administrator. Application claims that this section. are inconsistent with the Amendment (4) Assignment of Amendment 80 legal 80 official record, unless verified by landings. An Amendment 80 legal land- documentation, will not be approved. ing is assigned only to the Amendment An applicant who submits inconsistent 80 vessel that was used to make that claims, or an applicant who fails to Amendment 80 legal landing. submit the information specified in (d) Assigning an Amendment 80 QS per- paragraph (b)(4) of this section, will be mit to an Amendment 80 QS holder—(1) provided a single 30-day evidentiary pe- Amendment 80 QS units derived from riod in which to submit the specified an Amendment 80 vessel and issued to information, submit evidence to verify an Amendment 80 QS holder. NMFS

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will assign a specific amount of 32 to this part. This yields the number Amendment 80 QS units to each of Amendment 80 QS units for that Amendment 80 QS permit based on the Amendment 80 vessel for Aleutian Is- Amendment 80 legal landings of each lands Pacific ocean perch and BSAI Pa- Amendment 80 vessel for each Amend- cific cod Pacific cod. ment 80 species in each management (iii) BSAI rock sole and BSAI yellowfin area for that Amendment 80 species as sole. (A) If an Amendment 80 vessel did listed in Table 32 to this part, using in- not have any Amendment 80 legal land- formation from the Amendment 80 offi- ings during 1998 through 2004, that cial record according to the following Amendment 80 vessel will receive 0.5 procedures: percent of the Percentage of the Total (i) All Amendment 80 species. (A) For for BSAI rock sole and BSAI yellowfin each Amendment 80 species, sum the sole as calculated in paragraph Amendment 80 legal landings for each (d)(1)(i)(D) of this section. Amendment 80 vessel in all manage- (B) All Amendment 80 vessels that ment areas for that Amendment 80 spe- did have Amendment 80 legal landings cies listed in Table 32 to this part for will have the Percentage of the Total each calendar year from 1998 through assigned to that Amendment 80 vessel 2004. as calculated in paragraph (d)(1)(i)(D) (B) Select the five calendar years of this section adjusted to account for that yield the highest amount of the assignment of the Percentage of Amendment 80 legal landings of that the Total to Amendment 80 vessels Amendment 80 species in all manage- under paragraph (d)(1)(iii)(A) of this ment areas for that Amendment 80 spe- section for BSAI rock sole and BSAI cies listed in Table 32 to this part, in- yellowfin sole as presented in the fol- cluding zero metric tons if necessary. lowing equation: (C) Sum the Amendment 80 legal Percentage of the Total for that landings of the highest five years for × an Amendment 80 species. This yields Amendment 80 vessel (100-S Per- the Highest Five Years for that centage of the Total assigned to all Amendment 80 species. Amendment 80 vessels under para- (D) Divide the Highest Five Years for graph (d)(1)(iii)(A) of this section) = an Amendment 80 species in paragraph Adjusted Percentage of the Total (d)(1)(i)(C) of this section for an for that Amendment 80 vessel. Amendment 80 vessel by the sum of all (C) Multiply the Adjusted Percentage Highest Five Years for all Amendment of the Total for that Amendment 80 80 vessels for that Amendment 80 spe- vessel by the Amendment 80 initial QS cies based on the Amendment 80 offi- pool for BSAI rock sole and BSAI yel- cial record for that Amendment 80 spe- lowfin sole as set forth in Table 32 to cies as presented in the following equa- this part. This yields the number of tion: Amendment 80 QS units for that Amendment 80 vessel for BSAI rock Highest Five Years/S All Highest Five Years × 100 = Percentage of the sole or BSAI yellowfin sole. Total. (iv) BSAI flathead sole. (A) If an Amendment 80 vessel did not have any The result (quotient) of this equation Amendment 80 legal landings during is the Percentage of the Total for that 1998 through 2004, that Amendment 80 Amendment 80 vessel for that Amend- vessel will receive 0.1 percent of the ment 80 species. Percentage of the Total for BSAI flat- (ii) Aleutian Islands Pacific ocean head sole as calculated in paragraph perch and BSAI Pacific cod. Multiply (d)(1)(i)(D) of this section. the Percentage of the Total for that (B) All Amendment 80 vessels that Amendment 80 vessel for Aleutian Is- did have Amendment 80 legal landings lands Pacific ocean perch and BSAI Pa- during 1998 through 2004 will have the cific cod as calculated in paragraph Percentage of the Total assigned to (d)(1)(i)(D) of this section by the that Amendment 80 vessel as cal- Amendment 80 initial QS pool for Aleu- culated in paragraph (d)(1)(i)(D) of this tian Islands Pacific ocean perch and section adjusted to account for the as- BSAI Pacific cod as set forth in Table signment of the Percentage of the

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Total to Amendment 80 vessels under NMFS will assign that amount of paragraph (d)(1)(iv)(A) of this section Amendment 80 QS units for each for BSAI flathead sole as presented in Amendment 80 species as an Amend- the following equation: ment 80 QS permit to the Amendment 80 QS holder as follows: Percentage of the Total for that (i) Amendment 80 vessel owner. NMFS Amendment 80 vessel × (100-S Per- will issue an Amendment 80 QS permit centage of the Total assigned to all for each Amendment 80 vessel to the Amendment 80 vessels under para- owner of that Amendment 80 vessel if graph (d)(1)(iv)(A) of this section) = that person submitted a timely and Adjusted Percentage of the Total complete Application for Amendment for that Amendment 80 vessel. 80 QS that was approved by NMFS (C) Multiply the Adjusted Percentage under paragraph (a)(2)(i) of this sec- of the Total for that Amendment 80 tion; or vessel by the Amendment 80 initial QS (ii) Amendment 80 LLP/QS license. pool for BSAI flathead sole as set forth NMFS will issue an Amendment 80 QS in Table 32 to this part. This yields the permit as an endorsement on an number of Amendment 80 QS units for Amendment 80 LLP license to the hold- that Amendment 80 vessel for BSAI er of an LLP license originally as- flathead sole. signed to an Amendment 80 vessel list- (v) BSAI Atka mackerel. (A) Multiply ed in Column A of Table 31 to this part, the Percentage of the Total for that under the provisions of § 679.4(k)(7), if Amendment 80 vessel as calculated in that person submitted a timely and paragraph (d)(1)(i)(D) of this section by complete Application for Amendment the Amendment 80 initial QS pool for 80 QS that was approved by NMFS BSAI Atka mackerel as set forth in under paragraph (a)(2)(ii) of this sec- Table 32 to this part. This yields the tion. number of Amendment 80 QS units for (e) Transfers of Amendment 80 QS per- that Amendment 80 vessel for BSAI mits—(1) Non-severability of Amendment Atka mackerel. 80 QS permits. (i) An Amendment 80 QS (B) If an Amendment 80 vessel is an holder may not transfer an Amend- Amendment 80 non-mackerel vessel, ment 80 QS permit to another person determine the percentage of the unless all Amendment 80 QS units for Amendment 80 QS pool that is assigned all Amendment 80 species on that to each Atka mackerel management Amendment 80 QS permit are trans- area listed in Table 32 to this part in ferred in their entirety to the same each year from 1998 through 2004 for person at the same time; and that Amendment 80 non-mackerel ves- (ii) If an Amendment 80 QS permit is sel based on the percentage of Amend- assigned to an Amendment 80 LLP li- ment 80 legal landings in that Atka cense originally assigned to an Amend- mackerel management area from 1998 ment 80 vessel, that Amendment 80 through 2004 for that Amendment 80 LLP license is designated as an Amend- non-mackerel vessel. ment 80 LLP/QS license. A person may (C) The sum of the Amendment 80 QS not separate the Amendment 80 QS per- units allocated to all Amendment 80 mit from that Amendment 80 LLP/QS non-mackerel vessels is the Total license. Amendment 80 non-mackerel QS pool. (2) Transfer of an Amendment 80 LLP/ (D) The sum of the Amendment 80 QS QS license. A person holding an Amend- units allocated to all Amendment 80 ment 80 LLP/QS license may transfer mackerel vessels is the Total Amend- that Amendment 80 LLP/QS license to ment 80 mackerel QS pool. another person only under the provi- (2) Assigning Amendment 80 QS units to sions of § 679.4(k)(7). an Amendment 80 permit. Once the Re- (3) Transfers of Amendment 80 QS per- gional Administrator determines the mits. (i) A person holding an Amend- amount of Amendment 80 QS units to ment 80 QS permit assigned to an be issued for an Amendment 80 species Amendment 80 vessel may transfer derived from an Amendment 80 vessel that Amendment 80 QS permit to an- based on the criteria described in para- other person, to the LLP license origi- graphs (b) through (d) of this section, nally assigned to an Amendment 80

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vessel, or to a vessel approved by § 679.91 Amendment 80 Program an- NMFS as an Amendment 80 replace- nual harvester privileges. ment vessel in accordance with (a) Assigning an Amendment 80 QS per- § 679.4(o)(4) by submitting an Applica- mit to an Amendment 80 cooperative or tion to Transfer an Amendment 80 QS Amendment 80 limited access fishery—(1) permit that is approved by NMFS General. (i) Each calendar year, each under the provisions of paragraph (f) of Amendment 80 QS permit, associated this section. Amendment 80 vessel, and Amendment (ii) A person holding an Amendment 80 LLP license must be assigned to an 80 LLP license that is designated as an Amendment 80 cooperative or the Amendment 80 LLP/QS license may Amendment 80 limited access fishery designate a vessel approved as an in order to use that Amendment 80 QS Amendment 80 replacement vessel by permit, associated Amendment 80 ves- submitting an Application For Trans- sel, and Amendment 80 LLP license to fer License Limitation Program catch, process, or receive Amendment Groundfish/Crab License that is ap- 80 species, crab PSC, or halibut PSC as- proved by NMFS under the provisions signed to the Amendment 80 sector. of paragraph (f) of this section. (ii) NMFS will assign an Amendment (4) Assigning an Amendment 80 QS per- 80 QS permit(s), associated Amendment mit to an Amendment 80 LLP license. An 80 vessel(s), and Amendment 80 LLP li- Amendment 80 vessel owner holding an cense(s) held by an Amendment 80 QS Amendment 80 QS permit assigned to holder to an Amendment 80 cooperative an Amendment 80 vessel may transfer if that Amendment 80 QS permit(s), as- that Amendment 80 QS permit to the sociated Amendment 80 vessel(s), and LLP license originally assigned to that Amendment 80 LLP license(s) is des- Amendment 80 vessel only by submit- ignated on an application for CQ that ting an application to transfer an is approved by the Regional Adminis- Amendment 80 QS permit that is ap- trator as described under paragraph (b) proved by NMFS under the provisions of this section. of paragraph (f) of this section. (iii) NMFS will assign an Amend- (f) Application to Transfer Amendment ment 80 QS permit(s), associated 80 QS. A person holding an Amendment Amendment 80 vessel(s), and Amend- 80 QS permit who wishes to transfer ment 80 LLP license(s) held by an Amendment 80 QS holder to the the Amendment 80 QS permit to the Amendment 80 limited access fishery if LLP license originally assigned to the that Amendment 80 QS permit(s), asso- Amendment 80 vessel, or transfer the ciated Amendment 80 vessel(s), and Amendment 80 QS permit to another Amendment 80 LLP license(s) is as- person, or transfer the Amendment 80 signed to the Amendment 80 limited QS permit to an Amendment 80 re- access fishery. placement vessel must submit to (2) Amendment 80 QS permits issued NMFS a complete Application to after issuance of CQ or ITAC. Any Transfer an Amendment 80 QS permit. Amendment 80 QS permits, or Amend- The holder of an Amendment 80 LLP/ ment 80 QS units on an Amendment 80 QS license may designate the replace- QS permit, assigned to an Amendment ment vessel on the LLP license by 80 QS holder after NMFS has issued CQ using the Application for Transfer Li- or ITAC to the Amendment 80 sector cense Limitation Program Groundfish/ for a calendar year will not result in Crab License. An application must con- any additional: tain the information specified on the (i) CQ being issued to an Amendment form, with all required fields accu- 80 cooperative if that Amendment 80 rately completed and all required docu- QS holder has assigned his Amendment mentation attached. This application 80 QS permit(s) to an Amendment 80 must be submitted to NMFS using the cooperative for that calendar year; or methods described on the application. (ii) ITAC being issued to the Amend- [72 FR 52726, Sept. 14, 2007, as amended at 76 ment 80 limited access fishery if that FR 40633, July 11, 2011; 77 FR 59871, Oct. 1, Amendment 80 QS holder has assigned 2012] his Amendment 80 QS permit(s) to the

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Amendment 80 limited access fishery the year prior to the calendar year for for that calendar year. which the applicant is applying, or if (3) Failure to submit an application for sent by U.S. mail, the application must an Amendment 80 fishery. (i) If an be postmarked by that time. Amendment 80 QS permit is not des- (4) Application for CQ—(i) Amendment ignated on a timely and complete ap- 80 cooperative identification. The Amend- plication for CQ that is approved by ment 80 cooperative’s legal name; tax the Regional Administrator as de- ID number, the type of business entity scribed under paragraph (b) of this sec- under which the Amendment 80 cooper- tion, the Regional Administrator will ative is organized; the state in which not assign that Amendment 80 QS per- the Amendment 80 cooperative is le- mit, associated Amendment 80 vessel, gally registered as a business entity; or Amendment 80 LLP license to an permanent business address; business Amendment 80 cooperative for the ap- telephone number; business fax num- plicable calendar year. ber; e-mail address (if available); and (ii) The Regional Administrator will printed name of the Amendment 80 co- assign an Amendment 80 QS permit, as- operative’s designated representative. sociated Amendment 80 vessel, or (ii) Identification of Amendment 80 QS Amendment 80 LLP license to the permit holders and ownership documenta- Amendment 80 limited access fishery tion. Full name of each Amendment 80 for the applicable calendar year if that cooperative member; NMFS person ID Amendment 80 QS permit, associated of each member; Amendment 80 QS per- Amendment 80 vessel, or Amendment mit number(s), the names of all per- 80 LLP license is designated on a time- sons, to the individual level, holding an ly and complete application for an ownership interest in the Amendment Amendment 80 limited access fishery, 80 QS permit(s) assigned to the Amend- or if that Amendment 80 QS permit, as- ment 80 cooperative and the percentage sociated Amendment 80 vessel, or ownership each person and individual Amendment 80 LLP license is not des- holds in the Amendment 80 QS per- ignated on a timely and complete ap- mit(s). plication for CQ that is approved by the Regional Administrator as de- (iii) Identification of Amendment 80 co- scribed under paragraph (b) of this sec- operative member vessels and Amendment tion. 80 LLP licenses. Vessel name; ADF&G (b) Application for CQ and Application vessel registration number; USCG doc- for the Amendment 80 limited access fish- umentation number; and Amendment ery—(1) General. An application for CQ 80 LLP license number. or an application for the Amendment (iv) Identification of vessels on which 80 limited access fishery may only be the CQ issued to the Amendment 80 coop- submitted to NMFS using any one of erative will be used. Vessel name, the following methods: ADF&G vessel registration number, (i) Mail: Regional Administrator, c/o and USCG documentation number. Restricted Access Management Pro- (v) EDR submission. For 2009 and gram, NMFS, P.O. Box 21668, Juneau, thereafter, indicate (YES or NO) AK 99802–1668; whether each member of the Amend- (ii) Fax: 907–586–7354; or ment 80 cooperative has submitted a (iii) Hand delivery or carrier: NMFS, timely and complete EDR for each Room 713, 709 West 9th Street, Juneau, Amendment 80 QS permit held by that AK 99801. person as required under § 679.94. (iv) Electronic: http:// (vi) Certification of cooperative author- alaskafisheries.noaa.gov. ized representative. The cooperative’s (2) Application forms. Application authorized representative must sign forms are available on the NMFS Alas- and date the application certifying ka Region website at http:// that all information is true, correct, alaskafisheries.noaa.gov, or by con- and complete to the best of his or her tacting NMFS at 800–304–4846, Option 2. knowledge and belief. Explicit author- (3) Deadline. A completed application ization to complete the application on must be received by NMFS no later behalf of the members of the coopera- than 1700 hours A.l.t. on November 1 of tive must accompany the application.

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(vii) Copy of membership agreement or BSAI trawl limited access sector and contract. Attach a copy of the member- the Amendment 80 sector. For partici- ship agreement or contract that in- pants in the Amendment 80 sector, the cludes terms that list: tonnage of fish will be further assigned (A) How the Amendment 80 coopera- between Amendment 80 cooperatives tive intends to catch its CQ; and and the Amendment 80 limited access (B) The obligations of Amendment 80 fishery. QS holders who are members of an (2) Calculation—(i) Determination of Amendment 80 cooperative to ensure TAC and ITAC. NMFS will determine the full payment of Amendment 80 fee the TAC and ITAC for each Amend- liabilities that may be due. ment 80 species in a calendar year in (5) Application for the Amendment 80 the annual harvest specification proc- limited access fishery—(i) Applicant iden- ess in § 679.20. tification. The applicant’s name, NMFS (ii) Annual apportionment of ITAC. Person ID (if applicable), tax ID num- The annual apportionment of ITAC for ber (required), permanent business each Amendment 80 species between mailing address, business telephone the Amendment 80 sector and the BSAI number, fax number, and e-mail (if trawl limited access sector in a given available). calendar year is established in Tables (ii) Amendment 80 vessel identification. 33 and 34 to this part. The name, ADF&G vessel registration (3) Allocation of CQ to Amendment 80 number(s), and USCG documentation cooperatives—(i) General. The amount of number(s) of the Amendment 80 ves- ITAC for each Amendment 80 species sel(s) owned by the applicant. assigned to an Amendment 80 coopera- (iii) Amendment 80 LLP identification. tive is equal to the amount of Amend- The Amendment 80 LLP license num- ment 80 QS units assigned to that ber(s) held by the applicant. Amendment 80 cooperative by Amend- (iv) Amendment 80 QS permit informa- ment 80 QS holders divided by the total tion. The Amendment 80 QS permit Amendment 80 QS pool multiplied by number(s) held by the applicant. the Amendment 80 sector ITAC for that (v) Amendment 80 QS ownership docu- Amendment 80 species in that manage- mentation. The names of all persons, to ment area. Once ITAC for an Amend- the individual person level, holding an ment 80 species in a management area ownership interest in the Amendment is assigned to an Amendment 80 coop- 80 QS permit(s) held by the applicant erative, it is issued as CQ specific to and the percentage ownership each per- that Amendment 80 cooperative. son and individual holds in the Amend- (ii) CQ allocation for Amendment 80 ment 80 QS permit(s). species except BSAI Atka mackerel. The (vi) EDR submission. For 2009 and amount of CQ for each Amendment 80 thereafter, indicate (YES or NO) species except BSAI Atka mackerel whether the applicant has submitted a that is assigned to a Amendment 80 co- timely and complete EDR for each operative is expressed algebraically as Amendment 80 QS permit held by that follows: person as required under § 679.94. CQ in a management area = [(Amend- (vii) Applicant signature and certifi- ment 80 sector ITAC in a manage- cation. The applicant must sign and ment area) × (Amendment 80 QS date the application certifying that all units assigned to that Amendment information is true, correct, and com- 80 cooperative/Amendment 80 QS plete to the best of his or her knowl- pool)]. edge and belief. If the application is completed by a designated representa- (iii) CQ allocation for BSAI Atka mack- tive, then explicit authorization signed erel. The amount of CQ for BSAI Atka by the applicant must accompany the mackerel that is assigned to each application. Amendment 80 cooperative in each (c) Allocations of Amendment 80 spe- management area is determined by the cies—(1) General. Each calendar year, following procedure: the Regional Administrator will deter- (A) Determine the amount of non- mine the tonnage of Amendment 80 mackerel ITAC in each management species that will be assigned to the area using the following equation:

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Non-mackerel ITAC in a management 80 sector for each calendar year is spec- area = (Amendment 80 non-mack- ified in Table 35 to this part. That hal- erel QS units designated for that ibut PSC is then assigned to Amend- management area/Total Atka ment 80 cooperatives and the Amend- mackerel QS pool) × Amendment 80 ment 80 limited access fishery pursuant sector ITAC in all management to paragraphs (d)(2) and (3) of this sec- areas. tion. If one or more Amendment 80 ves- (B) Determine the amount of mack- sels participate in the Amendment 80 erel ITAC in each management area limited access fishery, the halibut PSC using the following equation: limit assigned to the Amendment 80 sector will be reduced pursuant to Mackerel ITAC in a management area paragraph (d)(3) of this section. = Amendment 80 sector ITAC in (2) Amount of Amendment 80 halibut ¥ that management area Non- PSC assigned to an Amendment 80 cooper- mackerel ITAC in that manage- ative. For each calendar year, the ment area. amount of Amendment 80 halibut PSC (C) Determine the amount of non- assigned as CQ to an Amendment 80 co- mackerel CQ assigned to the Amend- operative is determined by the fol- ment 80 cooperative using the fol- lowing procedure: lowing equation: (i) Multiply the amount of halibut Non-mackerel CQ assigned to that PSC established in Table 35 to this part Amendment 80 cooperative = by the percentage of the Amendment 80 (Amendment 80 non-mackerel QS halibut PSC apportioned to each units designated for that manage- Amendment 80 species as established in ment area assigned to that Amend- Table 36 to this part. This yields the ment 80 cooperative/Amendment 80 halibut PSC apportionment for that non-mackerel QS pool in that man- Amendment 80 species. agement area) × Non-mackerel (ii) For each Amendment 80 species, ITAC for that management area. divide the amount of Amendment 80 QS units assigned to an Amendment 80 co- (D) Determine the amount of mack- operative by the Amendment 80 QS erel CQ assigned to the Amendment 80 pool. This yields the percentage of cooperative using the following equa- Amendment 80 QS units held by that tion: Amendment 80 cooperative. Mackerel CQ in a management area = (iii) For each Amendment 80 species, (Mackerel QS units assigned to multiply the halibut PSC apportion- that Amendment 80 cooperative/ ment for that Amendment 80 species Mackerel QS pool) × Mackerel established in paragraph (d)(2)(i) of this ITAC in that management area. section by the percentage of the (E) The total amount of Atka mack- Amendment 80 QS pool assigned to an erel CQ assigned to an Amendment 80 Amendment 80 cooperative for that cooperative for a management area is Amendment 80 species established in equal to the sum of paragraphs paragraph (d)(2)(ii) of this section. This (c)(3)(iii)(C) and (D) of this section. yields the amount of halibut PSC ap- (4) Amendment 80 limited access fishery. portioned to that cooperative for that The amount of ITAC in a management Amendment 80 species. area for each Amendment 80 species as- (iv) For each Amendment 80 coopera- signed to the Amendment 80 limited tive, sum the results of paragraph access fishery is equal to the Amend- (d)(2)(iii) of this section for all Amend- ment 80 sector ITAC remaining after ment 80 species. This yields the subtracting all CQ issued to all Amend- amount of Amendment 80 halibut PSC ment 80 cooperatives for that Amend- assigned to that Amendment 80 cooper- ment 80 species in that management ative as CQ. area. (3) Amount of Amendment 80 halibut (d) Allocations of halibut PSC—(1) PSC assigned to the Amendment 80 limited Amount of Amendment 80 halibut PSC for access fishery. The amount of Amend- the Amendment 80 sector. The amount of ment 80 halibut PSC assigned to the halibut PSC limit for the Amendment Amendment 80 limited access fishery is

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equal to the amount of halibut PSC as- is subject to seasonal apportionment signed to the Amendment 80 sector, as under § 679.21. specified in Table 35 to this part, sub- (e) Allocations of crab PSC—(1) Amount tracting the amount of Amendment 80 of Amendment 80 crab PSC assigned to the halibut PSC assigned as CQ to all Amendment 80 sector. The amount of Amendment 80 cooperatives as deter- Amendment 80 crab PSC assigned to mined in paragraph (d)(2)(iv) of this the Amendment 80 sector for each section, multiplied by 80 percent. Amendment 80 crab PSC in a calendar (4) Use of Amendment 80 halibut PSC in year is specified in Table 35 to this the Amendment 80 sector—(i) Amendment part. That amount of Amendment 80 80 halibut PSC assigned to a Amendment crab PSC is then assigned to Amend- 80 cooperative. An amount of Amend- ment 80 cooperatives and the Amend- ment 80 halibut PSC is assigned to the ment 80 limited access fishery. CQ permit issued to an Amendment 80 (2) Amount of Amendment 80 crab PSC cooperative for use while fishing for all assigned to an Amendment 80 cooperative. groundfish species in the BSAI or adja- For each calendar year, for each cent waters open by the State of Alas- Amendment 80 crab PSC, the amount ka for which it adopts a Federal fishing assigned as CQ to an Amendment 80 co- season. Any halibut PSC used by an operative is determined by the fol- Amendment 80 cooperative must be de- lowing procedure: ducted from the amount of halibut PSC (i) Multiply the amount of an Amend- CQ on its CQ permit. Amendment 80 ment 80 crab PSC established in Table halibut PSC on a CQ permit may only 35 to this part by the percentage of the be used by the members of the Amend- Amendment 80 crab PSC apportioned ment 80 cooperative to which it is as- to each Amendment 80 species as estab- signed. Halibut PSC assigned as CQ is lished in Table 36 to this part. This not subject to seasonal apportionment yields the Amendment 80 crab PSC ap- under § 679.21. portionment for that Amendment 80 (ii) Amendment 80 halibut PSC assigned species. to the Amendment 80 limited access fish- ery. An amount of Amendment 80 hal- (ii) For each Amendment 80 species, ibut PSC is assigned to the Amend- divide the amount of Amendment 80 QS ment 80 limited access fishery for use units assigned to an Amendment 80 co- by all Amendment 80 vessels in the operative by the Amendment 80 QS Amendment 80 limited access fishery pool. This yields the percentage of while fishing for all groundfish species Amendment 80 QS units held by that in the BSAI or adjacent waters open by Amendment 80 cooperative. the State of Alaska for which it adopts (iii) For each Amendment 80 species, a Federal fishing season. Any halibut multiply the Amendment 80 crab PSC PSC used by Amendment 80 vessels as- apportionment to that Amendment 80 signed to the Amendment 80 limited species established in paragraph access fishery must be deducted from (e)(2)(i) of this section by the percent- the amount of halibut PSC assigned to age of the Amendment 80 QS pool held the Amendment 80 limited access fish- by an Amendment 80 cooperative as es- ery. Amendment 80 halibut PSC as- tablished in paragraph (e)(2)(ii) of this signed to the Amendment 80 limited section. This yields the amount of access fishery is subject to seasonal ap- Amendment 80 crab PSC apportioned portionment under § 679.21. to that Amendment 80 cooperative for (5) Halibut PSC assigned to the BSAI that Amendment 80 species. trawl limited access sector. Halibut PSC (iv) For each Amendment 80 crab assigned to the BSAI trawl limited ac- PSC, sum the results of paragraph cess sector for groundfish fishing in the (e)(2)(iii) for all Amendment 80 species. BSAI may only be used by the mem- This yields the amount of that Amend- bers of the BSAI trawl limited access ment 80 crab PSC assigned to that sector unless modified by reallocation Amendment 80 cooperative. to Amendment 80 cooperatives accord- (3) Amount of Amendment 80 crab PSC ing to the procedures in paragraph (f) assigned to the Amendment 80 limited ac- of this section. Halibut PSC assigned cess fishery. The amount of each to the BSAI trawl limited access sector Amendment 80 crab PSC assigned to

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the Amendment 80 limited access fish- ment 80 cooperatives according to the ery is equal to the amount of that procedures in paragraph (f) of this sec- Amendment 80 crab PSC assigned to tion. Amendment 80 crab PSC assigned the Amendment 80 sector specified in to the BSAI trawl limited access sector Table 35 to this part subtracting the is subject to seasonal apportionment amount of that crab PSC that has been under § 679.21. assigned as CQ to all Amendment 80 co- (f) Rollover—Annual reallocation of an operatives as determined in paragraph Amendment 80 species ICA or ITAC, crab (e)(2)(iv) of this section. PSC, and halibut PSC from the BSAI (4) Use of Amendment 80 crab PSC in trawl limited access sector to Amendment the Amendment 80 sector—(i) Amendment 80 cooperatives—(1) General. The Re- 80 crab PSC assigned to an Amendment 80 gional Administrator may reallocate a cooperative. An amount of Amendment portion of an ICA or ITAC of an 80 crab PSC is assigned to the CQ per- Amendment 80 species, crab PSC, or mit issued to an Amendment 80 cooper- halibut PSC amount assigned to the ative for use while fishing for all BSAI trawl limited access sector to groundfish species in the BSAI or adja- Amendment 80 cooperatives if the cent waters open by the State of Alas- amount assigned to the BSAI trawl ka for which it adopts a Federal fishing limited access sector is projected not season. Any Amendment 80 crab PSC to be harvested or used. Any realloca- used by an Amendment 80 cooperative tion will result in an amended CQ per- must be deducted from the amount of mit for each Amendment 80 coopera- Amendment 80 crab PSC CQ on its CQ tive. The timing of a reallocation will permit. Amendment 80 crab PSC on a be at the discretion of the Regional Ad- CQ permit may only be used by the ministrator. members of the Amendment 80 cooper- (2) Factors considered. The Regional ative to which it is assigned. Amend- Administrator may consider the fol- ment 80 crab PSC assigned as CQ is not lowing factors when reallocating an subject to seasonal apportionment ICA, a directed fishing allowance of an under § 679.21. Amendment 80 species, or crab PSC, or (ii) Amendment 80 halibut PSC assigned halibut PSC amounts from the BSAI to the Amendment 80 limited access fish- trawl limited access sector to Amend- ery. An amount of Amendment 80 crab ment 80 cooperatives: PSC is assigned to the Amendment 80 (i) The risk of biological harm to a limited access fishery for use by all groundfish species or species group; Amendment 80 vessels in the Amend- (ii) The risk of socioeconomic harm ment 80 limited access fishery while to other domestic fishery participants; fishing for all groundfish species in the (iii) The impact that the allocation BSAI or adjacent waters open by the might have on the socioeconomic well- State of Alaska for which it adopts a being of Amendment 80 cooperatives; Federal fishing season. Any Amend- (iv) Current catch and PSC use in the ment 80 crab PSC used by Amendment BSAI trawl limited access sector; 80 vessels assigned to the Amendment (v) Historic catch and PSC use in the 80 limited access fishery must be de- BSAI trawl limited access sector; ducted from the amount of Amendment (vi) Harvest capacity and any stated 80 crab PSC assigned to the Amend- intent on the future harvesting pat- ment 80 limited access fishery. Amend- terns of vessels in the BSAI trawl lim- ment 80 crab PSC assigned to the ited access sector; Amendment 80 limited access fishery is (vii) Administrative requirements to subject to seasonal apportionment reissue CQ permits; and under § 679.21. (viii) Any other relevant biological, (5) Amendment 80 crab PSC assigned to socioeconomic, or administrative fac- the BSAI trawl limited access sector. tors. Amendment 80 crab PSC assigned to (3) Rollover of Amendment 80 species. If, the BSAI trawl limited access sector during a fishing year, the Regional Ad- for groundfish fishing in the BSAI may ministrator determines that a realloca- only be used by the members of the tion of a portion of the ITAC or ICA of BSAI trawl limited access sector unless an Amendment 80 species assigned to modified by reallocation to Amend- the BSAI trawl limited access sector to

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Amendment 80 cooperatives is appro- Amendment 80 cooperative according priate, the Regional Administrator will to the following formula: issue a revised CQ permit to reallocate Amount of CQ issued to an Amendment that amount of Amendment 80 species 80 cooperative = Amount of that to each Amendment 80 cooperative ac- crab PSC available for allocation cording to the following formula: to Amendment 80 cooperatives × Amount of additional CQ issued to an (Amount of that crab PSC CQ ini- Amendment 80 cooperative = tially assigned to that Amendment Amount of Amendment 80 species 80 cooperative / S that crab PSC CQ available for reallocation to initially assigned to all Amend- Amendment 80 cooperatives × ment 80 cooperatives). (Amount of CQ for that Amend- (g) Application for inter-cooperative ment 80 species initially assigned transfer of Amendment 80 CQ—(1) Com- to that Amendment 80 cooperative / pleted application. NMFS will process S CQ for that Amendment 80 species an application for inter-cooperative initially assigned to all Amend- transfer of Amendment 80 cooperative ment 80 cooperatives). quota (CQ) provided that a paper or (4) Rollover of halibut PSC. If, during a electronic application is completed by fishing year, the Regional Adminis- the transferor and transferee, with all trator determines that a reallocation applicable fields accurately filled in, of a portion of the halibut PSC as- and all required additional documenta- signed to the BSAI trawl limited access tion is attached. sector to Amendment 80 cooperatives is (2) Amendment 80 species CQ assign- appropriate, the Regional Adminis- ment. Amendment 80 species CQ must trator will issue a revised CQ permit to be assigned to a member of the Amend- reallocate that amount of halibut PSC ment 80 cooperative receiving the CQ to each Amendment 80 cooperative ac- for purposes of use cap calculations. No cording to the following procedure: member of an Amendment 80 coopera- (i) Multiply the amount of the hal- tive may exceed the CQ use cap appli- ibut PSC limit to be reallocated by 95 cable to that member. percent (0.95). This yields the max- (3) Total amount of Amendment 80 spe- imum amount of halibut PSC available cies CQ. For purposes of Amendment 80 for allocation to Amendment 80 co- species CQ use cap calculations, the operatives; and total amount of Amendment 80 species (ii) Determine the halibut PSC CQ CQ held or used by a person is equal to issued to each Amendment 80 coopera- all metric tons of Amendment 80 spe- tive according to the following for- cies CQ derived from all Amendment 80 mula: QS units on all Amendment 80 QS per- mits held by that person and assigned Amount of additional CQ issued to an to the Amendment 80 cooperative and Amendment 80 cooperative = Max- all metric tons of Amendment 80 spe- imum amount of halibut PSC avail- cies CQ assigned to that person by the able for reallocation to Amendment Amendment 80 cooperative from ap- × 80 cooperatives (Amount of hal- proved transfers. ibut PSC CQ initially assigned to (4) Amendment 80 QS units. The that Amendment 80 cooperative / S amount of Amendment 80 QS units held halibut PSC CQ initially assigned by a person, and CQ derived from those to all Amendment 80 cooperatives). Amendment 80 QS units, is calculated (5) Rollover of crab PSC. If, during a using the individual and collective use fishing year, the Regional Adminis- cap rule established in § 679.92(a). trator determines that a reallocation (5) Certification of transferor—(i) Non- of a portion of a crab PSC assigned to electronic submittal. The transferor’s the BSAI trawl limited access sector to designated representative must sign Amendment 80 cooperatives is appro- and date the application certifying priate, the Regional Administrator will that all information is true, correct, issue a revised CQ permit to reallocate and complete. The transferor’s des- that amount of crab PSC to each ignated representative must submit

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the paper application as indicated on signed to an Amendment 80 coopera- the application. tive, then that person may join that (ii) Electronic submittal. The trans- Amendment 80 cooperative as a mem- feror’s designated representative must ber upon receipt of that Amendment 80 log into the system and create a trans- vessel or Amendment 80 LLP/QS li- fer request as indicated on the com- cense. Members may leave an Amend- puter screen. By using the transferor’s ment 80 cooperative, but any CQ con- NMFS ID, password, and Transfer Key tributed by the Amendment 80 QS per- and submitting the transfer request, mit(s) held by that member will re- the designated representative certifies main with that Amendment 80 coopera- that all information is true, correct, tive for the duration of the calendar and complete. year. (6) Certification of transferee—(i) Non- (2) Legal and organizational require- electronic submittal. The transferee’s ments. An Amendment 80 cooperative designated representative must sign must meet the following legal and or- and date the application certifying ganizational requirements before it is that all information is true, correct, eligible to receive CQ: and complete. (i) Each Amendment 80 cooperative (ii) Electronic submittal. The trans- must be formed as a partnership, cor- feree’s designated representative must poration, or other legal business entity log into the system and accept the that is registered under the laws of one transfer request as indicated on the of the 50 states or the District of Co- computer screen. By using the trans- lumbia; feree’s NMFS ID, password and Trans- fer Key, the designated representative (ii) Each Amendment 80 cooperative certifies that all information is true, must appoint an individual as the des- correct, and complete. ignated representative to act on the (h) Amendment 80 cooperative—(1) Gen- Amendment 80 cooperative’s behalf and eral. This section governs the forma- to serve as a contact point for NMFS tion and operation of Amendment 80 for questions regarding the operation cooperatives. The regulations in this of the Amendment 80 cooperative. The section apply only to Amendment 80 designated representative may be a cooperatives that have formed for the member of the Amendment 80 coopera- purpose of applying for and fishing tive, or some other individual des- with CQ issued annually by NMFS. ignated by the Amendment 80 coopera- Members of Amendment 80 coopera- tive to act on its behalf; tives should consult legal counsel be- (iii) Each Amendment 80 cooperative fore commencing any activity if the must submit a timely and complete ap- members are uncertain about the legal- plication for CQ; and ity under the antitrust laws of the (iv) Each Amendment 80 cooperative Amendment 80 cooperative’s proposed must meet the mandatory require- conduct. Membership in an Amend- ments established in paragraphs (h)(3) ment 80 cooperative is voluntary. No and (4) of this section applicable to person may be required to join an that Amendment 80 cooperative. Amendment 80 cooperative. If a person (3) Mandatory requirements. The fol- becomes the owner of an Amendment lowing table describes the require- 80 vessel or a holder of an Amendment ments to form an Amendment 80 coop- 80 LLP/QS license that has been as- erative:

(i) Who may join an Amendment 80 cooperative? ...... Any Amendment 80 QS holder named on a timely and com- plete application for CQ for that calendar year that is ap- proved by NMFS. Individuals who are not Amendment 80 QS holders may be employed by, or serve as the designated representative of an Amendment 80 cooperative, but are not members of the Amendment 80 cooperative. (ii) What is the minimum number of Amendment 80 QS permits Any combination of at least seven Amendment 80 QS permits that must be assigned to an Amendment 80 cooperative to which would include Amendment 80 LLP/QS licenses. allow it to form? (iii) How many Amendment 80 QS holders are required to form At least two Amendment 80 QS holders each of whom may an Amendment 80 cooperative? not have a ten percent or greater direct or indirect ownership interest in any of the other Amendment 80 QS holders.

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(iv) Is there a minimum amount of Amendment 80 QS units No. that must be assigned to an Amendment 80 cooperative for it to be allowed to form? (v) What is allocated to the Amendment 80 cooperative? CQ for each Amendment 80 species, crab PSC, and halibut PSC, based on the amount of Amendment 80 QS units as- signed to the cooperative. (vi) Is this CQ an exclusive catch and use privilege? Yes, the members of the Amendment 80 cooperative have an exclusive privilege to collectively catch and use this CQ, or an Amendment 80 cooperative can transfer all or a portion of this CQ to another Amendment 80 cooperative. (vii) Is there a period in a calendar year during which des- Yes, any Amendment 80 vessel designated to catch CQ for an ignated vessels must catch CQ? Amendment 80 cooperative is prohibited from catching CQ during the season closure for trawl gear in the BSAI speci- fied at § 679.23(c) unless regulations at § 679.23 applicable to an Amendment 80 species in the BSAI are more restric- tive than those established in § 679.23(c), in which case the more restrictive regulations will apply. (viii) Can any vessel catch an Amendment 80 cooperative’s No, only Amendment 80 vessels that are assigned to that CQ?. Amendment 80 cooperative for that calendar year in the ap- plication for CQ may catch and process the CQ assigned to that Amendment 80 cooperative. (ix) Can a member of an Amendment 80 cooperative transfer No, only the designated representative of the Amendment 80 CQ individually without the approval of the other members of cooperative, and not individual members, may transfer its the Amendment 80 cooperative? CQ to another Amendment 80 cooperative; and only if that transfer is approved by NMFS as established under para- graph (g) of this section. (x) Are GOA sideboard limits assigned to specific persons or No, GOA sideboard limits are not assigned to specific persons Amendment 80 cooperatives? or Amendment 80 cooperatives. GOA sideboard limits are assigned to the Amendment 80 sector. (xi) Can an Amendment 80 QS permit, Amendment 80 LLP li- No, an Amendment 80 QS permit, Amendment 80 LLP license, cense, or Amendment 80 vessel be assigned to more than or Amendment 80 vessel may be assigned to only one one Amendment 80 cooperative in a calendar year? Amendment 80 cooperative in a calendar year. A person holding multiple Amendment 80 QS permits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels is not required to assign all Amendment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80 cooperative or the Amendment 80 limited access fishery. (xii) Can an Amendment 80 QS permit, Amendment 80 LLP li- No, an Amendment 80 QS permit, Amendment 80 LLP license, cense, or Amendment 80 vessel be assigned to an Amend- or Amendment 80 vessel assigned to an Amendment 80 co- ment 80 cooperative and the Amendment 80 limited access operative may not be assigned to the Amendment 80 limited fishery?. access fishery for that calendar year. Prior to the 2014 fish- ing year, a person holding multiple Amendment 80 QS per- mits, Amendment 80 LLP licenses, or owning multiple Amendment 80 vessels is not required to assign all Amend- ment 80 QS permits, Amendment 80 LLP licenses, or Amendment 80 vessels to the same Amendment 80 cooper- ative or the Amendment 80 limited access fishery. Starting with the 2014 fishing year and thereafter, a person holding multiple Amendment 80 QS permits, Amendment 80 LLP li- censes, or owning multiple Amendment 80 vessels must as- sign all Amendment 80 QS permits, Amendment 80 LLP li- censes, or Amendment 80 vessels to either one or more Amendment 80 cooperatives, or the Amendment 80 limited access fishery. (xiii) Which members may catch the Amendment 80 coopera- Use of a cooperative’s CQ permit is determined by the Amend- tive’s CQ? ment 80 cooperative contract signed by its members. Any violations of this contract by a cooperative member may be subject to civil claims by other members of the Amendment 80 cooperative. (xiv) Does an Amendment 80 cooperative need a membership Yes, an Amendment 80 cooperative must have a membership agreement or contract? agreement or contract. A copy of this agreement or contract must be submitted to NMFS with the application for CQ. The membership agreement or contract must specify: (A) How the Amendment 80 cooperative intends to catch its CQ; and (B) The obligations of Amendment 80 QS holders, who are members of an Amendment 80 cooperative, to ensure the full payment of Amendment 80 fee liabilities that may be due. (xv) What happens if the Amendment 80 cooperative member- A copy of the amended Amendment 80 membership agree- ship agreement or contract is modified during the fishing ment or contract must be sent to NMFS in accordance with year? § 679.4(a)(4).

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(xvi) What happens if the Amendment 80 cooperative exceeds An Amendment 80 cooperative is not authorized to catch its CQ amount? Amendment 80 species or use crab PSC or halibut PSC in excess of the amount on its CQ permit. Exceeding a CQ permit is a violation of the regulations. Each member of the Amendment 80 cooperative is jointly and severally liable for any violations of the Amendment 80 Program regulations while fishing under the authority of a CQ permit. This liability extends to any persons who are hired to catch or receive CQ assigned to an Amendment 80 cooperative. Each mem- ber of an Amendment 80 cooperative is responsible for en- suring that all members of the cooperative comply with all regulations applicable to fishing under the Amendment 80 Program. (xvii) Is there a limit on how much CQ an Amendment 80 co- No, but each Amendment 80 QS holder is subject to use caps, operative may hold or use? and an Amendment 80 vessel may be subject to vessel use caps. See § 679.92(a). (xviii) Is there a limit on how much CQ a vessel may catch? .... Yes, an Amendment 80 vessel may not catch more than 20 percent of the aggregate Amendment 80 species ITAC as- signed to the Amendment 80 sector for that calendar year. See § 679.92(a) for use cap provisions. (xix) Are there any special reporting requirements? ...... Yes, the designated representative of the Amendment 80 co- operative must submit an annual Amendment 80 cooperative report as described under § 679.5(s). In addition, each mem- ber of an Amendment 80 cooperative must submit a timely and complete EDR as described under § 679.94. (xx) Is there a requirement that an Amendment 80 cooperative Yes, see § 679.95 for the provisions that apply. pay Amendment 80 cost recovery fees?.

(4) Successors-in-interest. If a member of that species assigned to that Amend- of an Amendment 80 cooperative dies ment 80 cooperative by Amendment 80 (in the case of an individual) or dis- QS holders divided by the total Amend- solves (in the case of a business entity), ment 80 QS pool for that species multi- the CQ derived from the Amendment 80 plied by the Amendment 80 ABC re- QS permits assigned to the Amendment serve for that species. 80 cooperative for that year from that (3) Accessing Amendment 80 ABC re- person remains under the control of serves. An Amendment 80 cooperative the Amendment 80 cooperative for the may request that NMFS approve a duration of that calendar year as speci- Flatfish Exchange to add flathead sole, fied in the Amendment 80 cooperative rock sole, or yellowfin sole CQ to its contract. Each Amendment 80 coopera- Amendment 80 CQ account in exchange tive is free to establish its own internal for reducing its Amendment 80 CQ by procedures for admitting a successor- an equal amount of flathead sole, rock in-interest during the fishing season sole, or yellowfin sole. An Amendment due to the death or dissolution of an 80 cooperative may request Flatfish Amendment 80 cooperative member. Exchanges by submitting a completed (i) Amendment 80 ABC reserves. (1) Flatfish Exchange Application as de- General. The Regional Administrator scribed in § 679.4(p). will determine the Amendment 80 ABC reserves for flathead sole, rock sole, [72 FR 52726, Sept. 14, 2007, as amended at 74 and yellowfin sole that will be assigned FR 51518, Oct. 7, 2009; 76 FR 68357, Nov. 4, to the Amendment 80 sector as part of 2011; 79 FR 56681, Sept. 23, 2014; 81 FR 171, the annual harvest specifications de- Jan. 5, 2016; 81 FR 24733, Apr. 27, 2016] scribed at § 679.20(c). Amendment 80 ABC reserves will be further allocated § 679.92 Amendment 80 Program use caps and sideboard limits. to Amendment 80 cooperative(s), as de- scribed in paragraph (i)(2) of this sec- (a) Use caps—(1) General. Use caps tion. limit the amount of Amendment 80 QS (2) Allocation of Amendment 80 ABC re- units and Amendment 80 species CQ serves to Amendment 80 cooperatives. The that may be held or used by an Amend- amount of Amendment 80 ABC reserve ment 80 QS holder or Amendment 80 for each species of flathead sole, rock vessel. Use caps may not be exceeded sole, and yellowfin sole assigned to an unless the Amendment 80 QS holder or Amendment 80 cooperative is equal to Amendment 80 vessel subject to the use the amount of Amendment 80 QS units cap is specifically allowed to exceed a

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cap according to the criteria estab- fer if the amount of aggregate Amend- lished under this paragraph (a) or by an ment 80 QS units continues to exceed operation of law. There are two types the use cap, or the amount equal to the of use caps: Person use caps and vessel Amendment 80 QS unit use cap estab- use caps. All Amendment 80 QS unit lished in paragraph (a)(2)(i) of this sec- use caps are based on the aggregate tion. Amendment 80 species Amendment 80 (C) An Amendment 80 QS holder that initial QS pool set forth in Table 32 to receives an initial allocation of aggre- this part. The use caps apply as fol- gate Amendment 80 QS units on his or lows: her Amendment 80 QS permits that ex- (2) Amendment 80 QS holder use cap— ceeds the use cap listed in paragraph (i) QS and CQ use cap. A person may (a)(2)(i) of this section is prohibited not individually or collectively hold or from having any CQ assigned to that use more than thirty (30.0) percent of Amendment 80 QS holder in an applica- the aggregate Amendment 80 QS units tion for CQ transfer unless and until initially assigned to the Amendment 80 that Amendment 80 QS holder’s hold- sector and resulting CQ unless that ings of aggregate Amendment 80 QS person receives those Amendment 80 units are reduced to an amount below QS units on an Amendment 80 per- the use cap specified in paragraph mit(s) based on Amendment 80 legal (a)(2)(i) of this section. landings assigned to Amendment 80 (3) ITAC use cap for an Amendment 80 vessel(s) or Amendment 80 LLP li- vessel. An Amendment 80 vessel may cense(s) held by that Amendment 80 QS not be used to catch an amount of holder: Amendment 80 species greater than (A) Prior to June 9, 2006; and twenty (20.0) percent of the aggregate (B) At the time of application for Amendment 80 species ITACs assigned Amendment 80 QS. to the Amendment 80 sector. This (ii) CQ use cap calculation. For pur- amount includes ITAC that is assigned poses of calculating and applying the as CQ or to the Amendment 80 limited CQ use cap, a person is assigned CQ access fishery. based on: (b) GOA sideboard limits—(1) GOA (A) The amount of CQ derived from groundfish sideboard limits. Amendment the Amendment 80 QS units held by 80 vessels may not be used to catch that person; and more than the amounts of groundfish (B) Any CQ assigned to that person in in the management areas specified in an Application for CQ transfer. Table 37 to this part from January 1 (iii) Transfer limitations. (A) An through December 31 of each year, ex- Amendment 80 QS holder that receives cept that GOA groundfish sideboard an initial allocation of aggregate limits specified in Table 37 to this part Amendment 80 QS units that exceeds do not apply when an Amendment 80 the use cap listed in paragraph (a)(2)(i) vessel is using dredge gear while di- of this section cannot receive any rected fishing for scallops in the GOA. Amendment 80 QS permit by transfer (2) GOA halibut PSC sideboard limits. unless and until that person’s holdings All Amendment 80 vessels, other than of aggregate Amendment 80 QS units the fishing vessel GOLDEN FLEECE as are reduced to an amount below the specified in paragraph (d) of this sec- use cap specified in paragraph (a)(2)(i) tion, may not use halibut PSC in the of this section. fishery categories and management (B) If an Amendment 80 QS holder areas, greater than the amounts speci- that received an initial allocation of fied in Table 38 to this part during Jan- aggregate Amendment 80 QS units on uary 1 through December 31 of each his or her Amendment 80 QS permits year. Any residual amount of a sea- that exceeds the use cap listed in para- sonal sideboard halibut PSC limit may graph (a)(2)(i) of this section transfers carry forward to the next season limit. an Amendment 80 QS permit to an- This restriction on halibut PSC usage other person, the transferor may not does not apply to the following two ex- hold more than the greater of either ceptions: the amount of Amendment 80 QS units (i) An Amendment 80 vessel that uses held by the transferor after the trans- halibut PSC CQ in the Central GOA

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subject to the regulations established (ii) Is not subject to halibut PSC in the Rockfish Program under subpart sideboard limits as described in para- G to this part is not subject to the hal- graph (b)(2) of this section in the GOA ibut PSC sideboard limits in Table 38 or adjacent waters open by the State of to this part while fishing under a Rock- Alaska for which it adopts a Federal fish CQ permit; and fishing season. (ii) Halibut PSC sideboard limits in (2) Sideboard restrictions applicable to Table 38 to this part do not apply when any vessel replacing the GOLDEN an Amendment 80 vessel is using FLEECE. (i) If the vessel replacing the dredge gear while directed fishing for GOLDEN FLEECE is of an LOA less scallops in the GOA. than or equal to 124 ft. (38.1 m) (the (c) Sideboard restrictions applicable to MLOA of the LLP license that was Amendment 80 vessels directed fishing for originally assigned to the GOLDEN flatfish in the GOA—(1) Originally Quali- FLEECE, LLG 2524), then the sideboard fying Amendment 80 Vessels. An Amend- provisions at § 679.92(c) and (d)(1) apply. ment 80 vessel listed in column A of (ii) If the vessel replacing the GOLD- Table 39 to this part may be used to EN FLEECE is greater than 124 ft. (38.1 fish in the directed arrowtooth floun- m) (the MLOA of the LLP license that der, deep-water flatfish, flathead sole, was originally assigned to the GOLD- rex sole, and shallow-water flatfish EN FLEECE, LLG 2524), then the fisheries in the GOA and in adjacent sideboard provisions at § 679.92(b) and waters open by the State of Alaska for (c) apply. which it adopts a Federal fishing sea- (e) Sideboard restrictions applicable to son. Amendment 80 vessel not assigned an Amendment 80 QS permit, Amendment 80 (2) Amendment 80 Replacement Vessels. LLP license, or Amendment 80 LLP/QS li- (i) Any vessel that NMFS approves to cense. All Amendment 80 vessels not replace an Amendment 80 vessel listed designated on: in column A of Table 39 to this part (1) An Amendment 80 QS permit and may be used to fish in the directed an Amendment 80 LLP license; or arrowtooth flounder, deep-water flat- (2) An Amendment 80 LLP/QS license fish, flathead sole, rex sole, and shal- will be allocated a catch limit of 0 mt low-water flatfish fisheries in the GOA in the BSAI and GOA. and in adjacent waters open by the State of Alaska for which it adopts a [72 FR 52726, Sept. 14, 2007, as amended at 77 Federal fishing season. FR 59871, Oct. 1, 2012; 79 FR 9641, Feb. 20, 2014] (ii) Any vessel that NMFS subse- quently approves to replace an Amend- § 679.93 Amendment 80 Program rec- ment 80 replacement vessel that re- ordkeeping, permits, monitoring, placed an Amendment 80 vessel listed and catch accounting. in column A of Table 39 to this part (a) Recordkeeping and reporting. See may be used to fish in the directed § 679.5(s). arrowtooth flounder, deep-water flat- (b) Permits. See § 679.4(o). fish, flathead sole, rex sole, and shal- (c) Catch monitoring requirements for low-water flatfish fisheries in the GOA Amendment 80 vessels and catcher/proc- and in adjacent waters open by the essors not listed in § 679.4(l)(2)(i) using State of Alaska for which it adopts a trawl gear and fishing in the BSAI. The Federal fishing season. requirements under paragraphs (c)(1) (d) Sideboard restrictions applicable to through (9) of this section apply to all the fishing vessel GOLDEN FLEECE. (1) Amendment 80 vessels except Amend- The fishing vessel GOLDEN FLEECE ment 80 vessels using dredge gear while (USCG documentation number 609951): directed fishing for scallops, and any (i) May not be used for directed other catcher/processor not listed in groundfish fishing for northern rock- § 679.4(l)(2)(i) using trawl gear and fish- fish, pelagic shelf rockfish, pollock, Pa- ing or receiving fish in the BSAI and in cific cod, or Pacific ocean perch in the adjacent waters open by the State of GOA and in adjacent waters open by Alaska for which it adopts a Federal the State of Alaska for which it adopts fishing season. Except when using a Federal fishing season; and dredge gear while directed fishing for

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scallops, at all times when an Amend- (8) Belt and flow operations. The vessel ment 80 vessel or a catcher/processor operator stops the flow of fish and not listed in § 679.4(l)(2)(i) using trawl clears all belts between the bin doors gear has BSAI groundfish onboard the and the area where the observer col- vessel, the vessel owner or operator lects samples of unsorted catch when must ensure that: requested to do so by the observer. (1) Catch weighing. All catch are (9) Vessel crew in tanks or bins. The weighed on a NMFS-approved scale in vessel owner or operator must comply compliance with the scale require- with the bin monitoring standards ments at § 679.28(b). Each haul must be specified in § 679.28(i)(1). weighed separately, all catch must be (d) Catch monitoring requirements for made available for sampling by a Amendment 80 vessels fishing in the GOA. NMFS-certified observer, and no sort- The requirements under this section ing of catch may take place prior to apply to any Amendment 80 vessel fish- weighing. ing in the GOA and in adjacent waters (2) Observer sampling station. An ob- open by the State of Alaska for which server sampling station meeting the re- it adopts a Federal fishing season ex- quirements at § 679.28(d) is available at cept Amendment 80 vessels using all times. dredge gear while directed fishing for (3) Observer coverage requirements. The scallops. At all times when an Amend- vessel is in compliance with the ob- ment 80 vessel is not using dredge gear server coverage requirements described while directed fishing for scallops and at § 679.51(a)(2). has GOA groundfish onboard the vessel (4) Operational line. The vessel has no owner or operator must ensure that: more than one operational line or (1) Catch from an individual haul is other conveyance for the mechanized not mixed with catch from another movement of catch between the scale haul prior to sampling by an observer, used to weigh total catch and the loca- and all catch is made available for tion where the observer collects species sampling by an observer; composition samples. (2) The vessel is in compliance with (5) Fish on deck. No fish are allowed the observer coverage requirements de- to remain on deck unless an observer is scribed at § 679.51(a)(2); present, except for fish inside the (3) Operational Line. The vessel has no codend and fish accidentally spilled more than one operational line or from the codend during hauling and other conveyance for the mechanized dumping. Fish accidentally spilled movement of catch at the location from the codend must be moved to the where the observer collects species fish bin. composition samples; and (6) Sample storage. There is sufficient (4) The requirements in § 679.93(c)(5), space to accommodate a minimum of (8), and (9) are met. 10 observer sampling baskets. This (e) Catch accounting—(1) Amendment space must be within or adjacent to the 80 species—(i) Amendment 80 cooperative. observer sampling station. All Amendment 80 species caught in (7) Pre-cruise meeting. The Observer the BSAI, including catch in adjacent Program is notified by phone at 1 (907) waters open by the State of Alaska for 581–2060 (Dutch Harbor, AK) or 1 (907) which it adopts a Federal fishing sea- 481–1770 (Kodiak, AK) at least 24 hours son, by an Amendment 80 vessel as- prior to departure when the vessel will signed to an Amendment 80 cooperative be carrying an observer who has not will be debited from the CQ permit for previously been deployed on that vessel that Amendment 80 cooperative for within the last 12 months. Subsequent that calendar year unless that Amend- to the vessel’s departure notification, ment 80 vessel is using dredge gear but prior to departure, NMFS may con- while directed fishing for scallops. tact the vessel to arrange for a pre- (ii) Amendment 80 limited access fish- cruise meeting. The pre-cruise meeting ery. All Amendment 80 species caught must minimally include the vessel op- in the BSAI, including catch in adja- erator or manager and any observers cent waters open by the State of Alas- assigned to the vessel. ka for which it adopts a Federal fishing

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season, by an Amendment 80 vessel as- (i) Halibut PSC CQ used by the catch- signed to the Amendment 80 limited er/processor sector in the Rockfish Pro- access fishery will be debited against gram in the Central GOA; the ITAC for that Amendment 80 spe- (ii) Halibut PSC used by the fishing cies in the Amendment 80 limited ac- vessel GOLDEN FLEECE (USCG Docu- cess fishery for that calendar year un- mentation number 609951); and less that Amendment 80 vessel is using (iii) Halibut PSC used by an Amend- dredge gear while directed fishing for ment 80 vessel using dredge gear while scallops. directed fishing for scallops. (2) Crab PSC and halibut PSC—(i) Amendment 80 cooperative. All crab PSC [72 FR 52726, Sept. 14, 2007, as amended at 75 or halibut PSC used by an Amendment FR 53069, Aug. 30, 2010; 78 FR 12632, Feb. 25, 80 vessel assigned to an Amendment 80 2013; 81 FR 67118, Sept. 30, 2016; 83 FR 30533, cooperative in the BSAI, including crab June 29, 2018] PSC or halibut PSC used in the adja- cent waters open by the State of Alas- § 679.94 Economic data report (EDR) for the Amendment 80 sector and ka for which it adopts a Federal fishing Gulf of Alaska Trawl Catcher/Proc- season, will be debited against the CQ essors. permit for that Amendment 80 coopera- tive for that calendar year unless that (a) Annual Trawl Catcher/Processor Amendment 80 vessel is using dredge Economic Data Report (EDR)—(1) Re- gear while directed fishing for scallops. quirement to submit an EDR. A person (ii) Amendment 80 limited access fish- who held an Amendment 80 QS permit ery. All crab PSC or halibut PSC used during a calendar year, or an owner or by an Amendment 80 vessel assigned to leaseholder of a vessel that was named the Amendment 80 limited access fish- on a Limited License Program (LLP) ery in the BSAI, including crab PSC or groundfish license that authorizes a halibut PSC used in the adjacent wa- Catcher/Processor using trawl gear to ters open by the State of Alaska for harvest and process LLP groundfish which it adopts a Federal fishing sea- species in the GOA must submit a com- son, will be debited against the crab plete Annual Trawl Catcher/Processor PSC or halibut PSC limit assigned to EDR for that calendar year by fol- the Amendment 80 limited access fish- lowing the instructions on the Annual ery for that calendar year, unless that Trawl Catcher/Processor EDR form. Amendment 80 vessels is using dredge (2) Deadline. A completed EDR or gear while directed fishing for scallops. EDR certification pages must be sub- (3) GOA groundfish sideboard limits. mitted as required on the form to All Amendment 80 sideboard species NMFS for each calendar year on or be- defined in Table 37 to this part caught fore 1700 hours, A.l.t., June 1 of the fol- in the GOA, including catch in adja- lowing year. cent waters open by the State of Alas- (3) Information required. The Annual ka for which it adopts a Federal fishing Trawl Catcher/Processor EDR form is season, by an Amendment 80 vessel will available on the NMFS Alaska Region be debited against the Amendment 80 sideboard limit for that Amendment 80 Web site at sideboard species for that calendar www.alaskafisheries.noaa.gov, or by con- year except Amendment 80 sideboard tacting NMFS at 1–800–304–4846. species caught by Amendment 80 vessel (4) EDR certification pages. Any person using dredge gear while directed fish- required to submit an EDR under para- ing for scallops. graph (a)(1) of this section, or their (4) GOA halibut sideboard limits. All designated representative, if applica- halibut PSC used by all Amendment 80 ble, must submit the EDR certification vessels in the GOA, including halibut statement as either: PSC used in the adjacent waters open (i) Part of the entire EDR. A person by the State of Alaska for which it submitting the completed EDR must adopts a Federal fishing season, will be attest to the accuracy and completion debited against the sideboard limit es- of the EDR by signing and dating the tablished for the Amendment 80 sector, certification portion of the EDR form; except: or

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(ii) EDR certification only. A person (iii) Changes in the membership in an submitting a completed EDR certifi- Amendment 80 cooperative, such as cation only must attest that they meet members joining or departing during the conditions exempting them from the relevant year, or changes in the submitting the entire EDR as described amount of Amendment 80 QS holdings in the certification portion of the An- of those members. nual Trawl Catcher/Processor EDR (2) Fee collection. Each Amendment 80 form and sign and date the certifi- cooperative representative is respon- cation portion of the EDR form. sible for submitting the cost recovery (b) Verification of EDR data. (1) payment for Amendment 80 CQ land- NMFS, the DCA, or the DDCA will con- ings made under the authority of its duct verification of information with a Amendment 80 CQ permit. person required to submit the Annual (3) Payment—(i) Payment due date. An Trawl Catcher/Processor EDR, or if ap- Amendment 80 cooperative representa- plicable, that person’s designated rep- tive must submit all Amendment 80 fee resentative. liability payment(s) to NMFS at the (2) A person required to submit the address provided in paragraph (a)(3)(iii) Annual Trawl Catcher/Processor EDR of this section no later than December or designated representative, if appli- 31 of the calendar year in which the cable, must respond to inquiries by Amendment 80 CQ landings were made. NMFS, the designated DCA, or the (ii) Payment recipient. Make elec- DDCA within 20 days of the date of tronic payment payable to NMFS. issuance of the inquiry. (iii) Payment address. Submit pay- (3) A person required to submit the ment and related documents as in- Annual Trawl Catcher/Processor EDR structed on the fee submission form. or designated representative, if appli- Payments must be made electronically cable, must provide copies of addi- through the NMFS Alaska Region Web tional data to facilitate data site at http://alaskafisheries.noaa.gov. In- verification. NMFS, the DCA, or the structions for electronic payment will DDCA may review and request copies be made available on both the payment of additional data provided by the per- Web site and a fee liability summary son required to submit the Annual letter mailed to the Amendment 80 CQ Trawl Catcher/Processor EDR form or permit holder. designated representative, if applica- (iv) Payment method. Payment must ble, including but not limited to, pre- be made electronically in U.S. dollars viously audited or reviewed financial by automated clearing house, credit statements, worksheets, tax returns, card, or electronic check drawn on a invoices, receipts, and other original U.S. bank account. documents substantiating the data (b) Amendment 80 standard ex-vessel submitted in an Annual Trawl Catcher/ value determination and use—(1) General. Processor EDR form. An Amendment 80 cooperative rep- resentative must use the Amendment [79 FR 71318, Dec. 2, 2014] 80 standard prices determined by NMFS under paragraph (b)(2) of this § 679.95 Amendment 80 Program cost section. recovery. (2) Amendment 80 standard prices—(i) (a) Cost recovery fee program for General. Each year the Regional Ad- Amendment 80—(1) Who is responsible? ministrator will publish Amendment 80 The person designated as the Amend- standard prices in the FEDERAL REG- ment 80 cooperative representative at ISTER by December 1 of the year in the time of an Amendment 80 CQ land- which the Amendment 80 species land- ing must comply with the require- ings were made. The standard prices ments of this section, notwithstanding: will be described in U.S. dollars per (i) Subsequent transfer of Amend- Amendment 80 equivalent pound for ment 80 CQ or Amendment 80 QS held Amendment 80 species landings made by Amendment 80 cooperative mem- by Amendment 80 CQ permit holders bers; during the current calendar year. (ii) Non-renewal of an Amendment 80 (ii) Effective duration. The Amend- CQ permit; or ment 80 standard prices published by

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NMFS will apply to all Amendment 80 (B) The ex-vessel value of that catch; species landings made by an Amend- and ment 80 CQ permit holder during that (C) The costs directly related to the calendar year. management, data collection, and en- (iii) Determination. NMFS will cal- forcement of the Amendment 80 Pro- culate the Amendment 80 standard gram. prices for Amendment 80 species based (ii) Methodology. NMFS will use the on the following information: following equations to determine the (A) Pacific cod. NMFS will use the fee percentage: 100 × DPC/V, where: standard prices calculated for Pacific (A) DPC = the direct program costs cod based on information provided in for the Amendment 80 Program for the the Pacific Cod Ex-vessel Volume and most recent fiscal year (October 1 Value Report described at § 679.5(u)(1). through September 30) with any adjust- (B) Amendment 80 species other than ments to the account from payments Pacific cod. (1) The Regional Adminis- received in the previous year. trator will base Amendment 80 stand- (B) V = total of the standard ex-ves- ard prices for all Amendment 80 species sel value of the landings subject to the other than Pacific cod on the First Amendment 80 fee liability for the cur- Wholesale Volume and Value reports rent year. specified in § 679.5(u)(2). (3) Publication—(i) General. NMFS (2) The Regional Administrator will will calculate and announce the establish Amendment 80 standard Amendment 80 fee percentage in a FED- prices for all Amendment 80 species ERAL REGISTER notice by December 1 of other than Pacific cod on an annual the year in which the Amendment 80 basis; except the Regional Adminis- landings were made. NMFS will cal- trator will establish a first Amendment culate the Amendment 80 fee percent- 80 standard price for rock sole for all age based on the calculations described landings from January 1 through in paragraph (c)(2) of this section. March 31, and a second Amendment 80 (ii) Effective period. NMFS will apply standard price for rock sole for all the calculated Amendment 80 fee per- landings from April 1 through Decem- centage to Amendment 80 CQ landings ber 31. made between January 1 and December (3) The average first wholesale prod- 31 of the same year. uct prices reported on the First Whole- (4) Applicable percentage. The Amend- sale Volume and Value reports, speci- ment 80 CQ permit holder must use the fied in § 679.5(u)(2), will be multiplied Amendment 80 fee percentage applica- by 0.4 to obtain a proxy for the ex-ves- ble at the time an Amendment 80 spe- sel prices of Amendment 80 species cies landing is debited from an Amend- other than Pacific cod. ment 80 CQ allocation to calculate the (c) Amendment 80 fee percentage—(1) Amendment 80 fee liability for any ret- Established percentage. The Amendment roactive payments for that Amend- 80 fee percentage is the amount as de- ment 80 species. termined by the factors and method- (5) Fee liability determination for an ology described in paragraph (c)(2) of Amendment 80 CQ permit holder. (i) Each this section. This amount will be an- Amendment 80 CQ permit holder will nounced by publication in the FEDERAL be subject to a fee liability for any REGISTER in accordance with paragraph Amendment 80 species CQ debited from (c)(3) of this section. This amount must an Amendment 80 CQ allocation be- not exceed 3.0 percent pursuant to 16 tween January 1 and December 31 of U.S.C. 1854(d)(2)(B). the current year. (2) Calculating fee percentage value. (ii) The Amendment 80 fee liability Each year NMFS will calculate and assessed to an Amendment 80 CQ per- publish the fee percentage according to mit holder will be based on the propor- the following factors and methodology: tion of the standard ex-vessel value of (i) Factors. NMFS will use the fol- Amendment 80 species debited from an lowing factors to determine the fee per- Amendment 80 CQ permit holder rel- centage: ative to all Amendment 80 CQ permit (A) The catch to which the Amend- holders during a calendar year as de- ment 80 cost recovery fee will apply; termined by NMFS.

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(iii) NMFS will provide a fee liability final agency action, the agency may summary letter to each Amendment 80 pursue collection of the unpaid fees. CQ permit holder by December 1 of (e) Over payment. Upon issuance of each year. The summary will explain final agency action, payment sub- the fee liability determination includ- mitted to NMFS in excess of the ing the current fee percentage, and de- Amendment 80 fee determined to be tails of Amendment 80 species CQ due by the final agency action will be pounds debited from Amendment 80 CQ returned to the Amendment 80 coopera- allocations by permit, species, date, tive unless the Amendment 80 coopera- and prices. tive’s representative requests the agen- (d) Underpayment of fee liability—(1) cy to credit the excess amount against No Amendment 80 cooperative will re- the Amendment 80 CQ permit holder’s ceive its Amendment 80 CQ until the future Amendment 80 fee. Amendment 80 CQ permit holder sub- (f) Appeals. An Amendment 80 cooper- mits full payment of an applicant’s ative representative who receives an complete Amendment 80 fee liability. IAD for incomplete payment of an (2) If an Amendment 80 CQ permit Amendment 80 fee may appeal under holder fails to submit full payment for the appeals procedures set out a 15 CFR its Amendment 80 fee by the date de- part 906. scribed in paragraph (a)(3) of this sec- (g) Annual report. Each year, NMFS tion, the Regional Administrator may: will publish a report describing the (i) At any time thereafter send an Amendment 80 Cost Recovery Fee Pro- IAD to the Amendment 80 coopera- gram. tive’s representative stating that the [81 FR 171, Jan. 5, 2016] Amendment 80 CQ permit holder’s esti- mated fee liability, based on informa- tion submitted by the Amendment 80 Subpart I—Equipment and Oper- cooperative’s representative, is the ational Requirements for the Amendment 80 fee liability due from Longline Catcher/Processor the Amendment 80 CQ permit holder. Subsector (ii) Disapprove any application to transfer Amendment 80 CQ to or from § 679.100 Applicability. the Amendment 80 CQ permit holder in The owner and operator of a vessel accordance with § 679.91(g). named on an LLP license with a Pa- (3) If an Amendment 80 cooperative cific cod catcher-processor hook-and- representative fails to submit full pay- line endorsement for the Bering Sea, ment by the Amendment 80 fee pay- Aleutian Islands or both the Bering ment deadline described at paragraph Sea and Aleutian Islands must comply (a)(3) of this section: with the requirements of this subpart. (i) The Regional Administrator will (a) Opt out selection. Each year, the not issue a Amendment 80 CQ permit to owner of a vessel subject to this sub- that Amendment 80 cooperative for the part who does not intend to directed following calendar year; and fish for Pacific cod in the BSAI or con- (ii) The Regional Administrator will duct groundfish CDQ fishing at any not issue Amendment 80 CQ based on time during a year may, by November the Amendment 80 QS held by the 1 of the year prior to fishing, submit to members of that Amendment 80 cooper- NMFS a completed notification form ative to any other CQ permit for that to opt out of directed fishing for Pa- calendar year. cific cod in the BSAI and groundfish (4) Upon final agency action deter- CDQ fishing in the upcoming year. The mining that an Amendment 80 CQ per- notification form is available on the mit holder has not paid his or her NMFS Alaska Region Web site (http:// Amendment 80 fee, the Regional Ad- alaskafisheries.noaa.gov/). Once the ves- ministrator may continue to not issue sel owner has selected to opt out, the an Amendment 80 CQ permit for any owner must ensure that the vessel is subsequent calendar years until NMFS not used as a catcher/processor to con- receives the unpaid fees. If payment is duct directed fishing for Pacific cod not received by the 30th day after the with hook-and-line gear in the BSAI or

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to conduct groundfish CDQ fishing dur- (A) The vessel is in compliance with ing the specified year. observer coverage requirements de- (b) Monitoring option selection. The scribed at § 679.51(a)(2)(vi)(E)(2). owner of a vessel subject to this sub- (B) All Pacific cod brought onboard part that does not opt out under para- the vessel is weighed on a NMFS-ap- graph (a) of this section must submit a proved scale in compliance with the completed notification form for one of scale requirements at § 679.28(b), and two monitoring options to NMFS. The that each set is weighed and recorded notification form is available on the separately. NMFS Alaska Region Web site (http:// (C) An observer sampling station alaskafisheries.noaa.gov/). The vessel meeting the requirements at § 679.28(d) owner must comply with the selected is available at all times, unless other- monitoring option at all times when wise approved by NMFS. the vessel is operating in either the (D) The vessel is in compliance with BSAI or GOA groundfish fisheries when the video monitoring requirements de- directed fishing for Pacific cod is open scribed at § 679.28(k). in the BSAI, or while the vessel is (E) The Observer Program is notified groundfish CDQ fishing. If NMFS does by phone at 1 (907) 581–2060 (Dutch Har- not receive a notification to opt out or bor, AK) or 1 (907) 481–1770 (Kodiak, AK) a notification for one of the two moni- at least 24 hours prior to departure toring options, NMFS will assign that when the vessel will be carrying an ob- vessel to the increased observer cov- server who has not previously been de- erage option under paragraph (b)(1) of ployed on that vessel within the last 12 this section until the notification form months. Subsequent to the vessel’s de- has been received by NMFS. parture notification, but prior to de- (1) Increased observer coverage option. parture, NMFS may contact the vessel Under this option, the vessel owner and to arrange for a pre-cruise meeting. operator must ensure that— The pre-cruise meeting must mini- (i) The vessel is in compliance with mally include the vessel operator or observer coverage requirements de- manager and any observers assigned to scribed at § 679.51(a)(2)(vi)(E)(1). the vessel. (ii) The vessel is in compliance with (ii) NMFS will use the weight of all observer workload requirements de- catch that passes over the scale for the scribed at § 679.51(a)(2)(iii). purposes of accounting for Pacific cod (iii) An observer sampling station catch. meeting the requirements at § 679.28(d) (iii) At the time NMFS approves the is available at all times, unless other- scale used to weigh Pacific cod, NMFS wise approved by NMFS. will provide the vessel owner or oper- (iv) All sets are made available for ator with one of the following designa- sampling by an observer. tions on the scale inspection report (v) The Observer Program is notified that will be used for catch accounting by phone at 1 (907) 581–2060 (Dutch Har- of Pacific cod for the duration of the bor, AK) or 1 (907) 481–1770 (Kodiak, AK) approval period: at least 24 hours prior to departure (A) Scale prior to bleeding. If the scale when the vessel will be carrying an ob- is located before the location where server who has not previously been de- Pacific cod are bled, a PRR of 1.00 will ployed on that vessel within the last 12 be applied to all catch weighed on the months. Subsequent to the vessel’s de- motion-compensated scale. parture notification, but prior to de- (B) Scale between bleeding and holding parture, NMFS may contact the vessel area. If Pacific cod are bled before to arrange for a pre-cruise meeting. being weighed and prior to the bleeding The pre-cruise meeting must mini- holding area, a PRR of 0.99 will be ap- mally include the vessel operator or plied to all catch weighed on the scale. manager and any observers assigned to (C) Scale after holding area. If Pacific the vessel. cod are bled and placed in a bleeding (2) Scales option. Under this option— holding area before being weighed, a (i) The vessel owner and operator PRR of 0.98 will be applied to all catch must ensure that— weighed on the scale.

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(c) Electronic logbooks. The operator (2) The Annual Trawl Catcher/Proc- of a vessel subject to paragraph (b) of essor EDR must be submitted to NMFS this section at any time during a year as required at § 679.94(a)(2). must comply with the requirements for (c) Information required. The Annual electronic logbooks at § 679.5(f) at all Trawl Catcher Vessel EDR, Annual times during that year. Shoreside Processor EDR, and Annual Trawl Catcher/Processor EDR forms [77 FR 59061, Sept. 26, 2012, as amended at 77 FR 70103, Nov. 21, 2012; 79 FR 68616, Nov. 18, are available on the NMFS Alaska Re- 2014; 83 FR 30533, June 29, 2018] gion Web site at www.alaskafisheries.noaa.gov, or by con- tacting NMFS at 1–800–304–4846. Subpart J—Gulf of Alaska Trawl (d) EDR certification. A person re- Economic Data quired to submit an EDR under para- graph (a) of this section, or the des- § 679.110 Gulf of Alaska Trawl Eco- nomic Data Reports (EDRs). ignated representative, if applicable, must submit the EDR certification (a) Requirements to submit an EDR—(1) statement as either: GOA Trawl Catcher Vessels. The owner (1) Part of the entire EDR. A person or leaseholder of any vessel who is submitting the applicable EDR form named on a Limited License Program must attest to the accuracy and com- (LLP) groundfish license that author- pletion of the EDR by signing and dat- izes a catcher vessel using trawl gear ing the certification portion of the ap- to harvest LLP groundfish species in plicable EDR form; or the GOA must submit a complete An- (2) EDR certification only. A person nual Trawl Catcher Vessel Economic submitting a completed EDR certifi- Data Report (EDR) for that calendar cation only must attest that they meet year by following the instructions on the conditions exempting them from the Annual Trawl Catcher Vessel EDR submitting the entire EDR as described form. in the certification portion of the ap- (2) GOA Shoreside Processors and Sta- plicable EDR form and sign and date tionary Floating Processors. The owner the certification portion of the form. or leaseholder of a shoreside processor (e) Verification of EDR data. (1) or stationary floating processor with a NMFS, the DCA, or the DDCA will con- Federal Processor Permit (FPP) that duct verification of information with a processes groundfish caught by vessels person required to submit the applica- fishing with trawl gear in the GOA ble EDR, or if applicable, that person’s must submit a complete Annual Shore- designated representative. side Processor Economic Data Report (2) The person required to submit the (EDR) for that calendar year by fol- applicable EDR or designated rep- lowing the instructions on the Annual resentative, if applicable, must respond Shoreside Processor EDR form. to inquiries by NMFS, the designated (3) Annual Trawl Catcher/Processor DCA, or the DDCA within 20 days of Economic Data Report (EDR). The owner the date of issuance of the inquiry. or leaseholder of a vessel that is named (3) The person required to submit the on a Limited License Program (LLP) applicable EDR or designated rep- groundfish license that authorizes a resentative, if applicable, must provide Catcher/Processor using trawl gear to copies of additional data to facilitate harvest and process LLP groundfish in data verification. NMFS, the DCA, or the GOA must submit an Annual Trawl the DDCA may review and request cop- Catcher/Processor EDR as described at ies of additional data provided by the § 679.94 for that calendar year. person required to submit the applica- (b) Deadline. A completed EDR or ble EDR form or designated representa- EDR certification page for: tive, if applicable, including but not (1) The Annual Trawl Catcher Vessel limited to, previously audited or re- EDR or the Annual Shoreside Proc- viewed financial statements, work- essor EDR must be submitted to the sheets, tax returns, invoices, receipts, DCA for each calendar year on or be- and other original documents substan- fore 1700 hours, A.l.t., June 1 of the fol- tiating the data submitted in an EDR lowing year, or form.

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(f) DCA authorization. Except for EDR 2.4.3.1 Zero-Load Tests data submitted as required under 2.4.3.2 Material Tests § 679.94(a), the DCA is authorized to re- 3. Automatic Hopper Scales 3.1 Applicability lease unaggregated EDR data to au- 3.2 Performance Requirements thorized data users in blind data for- 3.2.1 Maximum Permissible Errors mat only. 3.2.1.1 Laboratory Tests 3.2.1.2 Increasing and Decreasing Load [79 FR 71318, Dec. 2, 2014] Tests 3.2.2 Minimum Weighment (Smin) 3.2.3 Minimum Totalized Load (Lot) 3.2.4 Influence Quantities APPENDIX A TO PART 679—PERFORM- 3.2.4.1 Temperature ANCE AND TECHNICAL REQUIREMENTS 3.2.4.1.1 Operating Temperature FOR SCALES USED TO WEIGH CATCH 3.2.4.2 Power Supply AT SEA IN THE GROUNDFISH FISH- 3.3 Technical Requirements 3.3.1 Indicators and Printers ERIES OFF ALASKA 3.3.1.1 General TABLE OF CONTENTS 3.3.1.2 Values Defined 3.3.1.3 Units 1. Introduction 3.3.1.4 Value of the Scale Division 2. Belt Scales 3.3.1.5 Weighing Sequence 2.1 Applicability 3.3.1.6 Printing Sequence 2.2 Performance Requirements 3.3.1.7 Printed Information 2.2.1 Maximum Permissible Errors 3.3.1.8 Permanence of Markings 2.2.1.1 Laboratory Tests 3.3.1.9 Range of Indication 2.2.1.2 Zero Load Tests 3.3.1.10 Non-resettable Values 2.2.1.3 Material Tests 3.3.1.11 Power Loss 2.2.2 Minimum Flow Rate (Smin) 3.3.1.12 Adjustable Components 2.2.3 Minimum Totalized Load (Smin) 3.3.1.13 Audit Trail 2.2.4 Influence Quantities 3.3.1.14 Zero-Load Adjustment 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

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4.3.1.2 Values Defined catch at sea are required to comply with four 4.3.1.3 Units categories of performance and technical re- 4.3.1.4 Value of the Scale Division quirements: (1) Type evaluation; (2) initial 4.3.1.5 Printed Information inspection after installation while the vessel 4.3.1.6 Permanence of Markings is tied up at a dock and is not under power 4.3.1.7 Power Loss at sea; (3) annual reinspection while the ves- 4.3.1.8 Adjustable Components sel is tied up at a dock and is not under 4.3.1.9 Zero-Load Adjustment power at sea; and (4) daily at-sea tests of the 4.3.1.9.1 Manual scale’s accuracy. This appendix contains 4.3.1.9.2 Semi-automatic only the performance and technical require- 4.3.1.10 Damping Means ments for type evaluation and initial and an- 4.3.2 Weighing Elements nual reinspections by an authorized scale in- 4.3.2.1 Overload Protection spector. 4.3.2.2 Adjustable Components 4.3.2.3 Motion Compensation 2. Belt Scales 4.3.3 Installation Conditions 4.3.4 Marking 2.1 Applicability. The requirements in this 4.3.4.1 Presentation section apply to a scale or scale system that 4.4 Tests employs a conveyor belt in contact with a 4.4.1 Standards weighing element to determine the weight of 4.4.2 Laboratory Tests a bulk commodity being conveyed across the 4.4.2.1 Influence Quantities and Disturb- scale. ance Tests 2.2 Performance Requirements—2.2.1 Max- 4.4.2.2 Performance Tests imum Permissible Errors. For laboratory tests 4.4.3 Annual Scale Inspections of a scale and initial inspections and annual 5. Definitions reinspections of an installed scale when the vessel is tied up at a dock and is not under ANNEX A OF APPENDIX A TO PART 679— power at sea, the following maximum per- INFLUENCE QUANTITY AND DISTURBANCE TESTS missible errors (MPEs) are specified: A.1 General 2.2.1.1 Laboratory Tests. See annex A to A.2 Test considerations this appendix A for procedures for disturb- A.3 Tests ance tests and influence factors. A.3.1 Static Temperatures a. Disturbances. ±0.18 percent of the weight A.3.2 Damp Heat, Steady State of the load totalized. A.3.3 Power Voltage Variation b. Influence Factors. ±0.25 percent of the A.3.4 Short Time Power Reduction weight of the load totalized. A.3.5 Bursts c. Temperature Effect at Zero Flow Rate. The A.3.6 Electrostatic Discharge difference between the values obtained at A.3.7 Electromagnetic Susceptibility zero flow rate taken at temperatures that A.4 Bibliography differ by 10 °C ±0.2 °C must not be greater than 0.035 percent of the weight of the load 1. Introduction totalized at the maximum flow-rate for the (a) This appendix to part 679 contains 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 (Smin). 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;

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b. The load obtained at the maximum flow or visual signal when the rate of flow is less rate in 1 revolution of the belt; or than the minimum flow rate or greater than c. A load equal to 800 scale divisions (d). 98 percent of the maximum flow rate. 2.2.4 Influence Quantities. The following 2.3.1.8 Printed Information. The informa- requirements apply to influence factor tests tion printed must include— conducted in the laboratory. a. For catch weight: 2.2.4.1 Temperature. A belt scale must i. The vessel name; comply with the performance and technical ii. The Federal fisheries or processor per- requirements at a range of temperatures mit number of the vessel; from ¥10 °C to + 40 °C. However, for special iii. The haul or set number; applications the temperature range may be iv. The total weight of catch in each haul different, but the range must not be less or set; ° than 30 C and must be so specified on the v. The total cumulative weight of all fish scale’s descriptive markings. or other material weighed on the scale; and 2.2.4.2 Power Supply. A belt scale must vi. The date and time the information is comply with the performance and technical printed. requirements when operated within a range b. For the audit trail: of ¥15 percent to + 10 percent of the power i. The vessel name; supply specified on the scale’s descriptive ii. The Federal fisheries or processor per- markings. mit number of the vessel; 2.3.1 Technical Requirements. 2.3.1 Indicators and Printers. iii. The date and time (to the nearest 2.3.1.1 General. A belt scale must be minute) that the adjustment was made; equipped with an indicator capable of dis- iv. The name or type of adjustment being playing both the weight of fish in each haul made; and or set and the cumulative weight of all fish v. The initial and final values of the pa- or other material weighed on the scale be- rameter being changed. tween annual inspections (‘‘the cumulative 2.3.1.9 Permanence of Markings. All re- weight’’), a rate of flow indicator, and a quired indications, markings, and instruc- printer. The indications and printed rep- tions must be distinct and easily readable resentations must be clear, definite, accu- and must be of such character that they will rate, and easily read under all conditions of not tend to become obliterated or illegible. normal operation of the belt scale. 2.3.1.10 Power Loss. In the event of a power 2.3.1.2 Values Defined. If indications or failure, means must be provided to retain in printed representations are intended to have a memory the weight of fish in each haul or specific values, these must be defined by a set for which a printed record has not yet sufficient number of figures, words, or sym- been made, the cumulative weight, and the bols, uniformly placed with reference to the information on the audit trail. indications or printed representations and as 2.3.1.11 Adjustable Components. An adjust- close as practicable to the indications or able component that when adjusted affects printed representations but not so positioned the performance or accuracy of the scale as to interfere with the accuracy of reading. must be held securely in position and must 2.3.1.3 Units. The weight of each haul or not be capable of adjustment without break- set must be indicated in kilograms, and the ing a security means unless a record of the cumulative weight must be indicated in ei- adjustment is made on the audit trail de- ther kilograms or metric tons and decimal scribed in 2.3.1.12. subdivisions. 2.3.1.12 Audit Trail. An audit trail in the 2.3.1.4 Value of the Scale Division. The form of an event logger must be provided to value of the scale division (d) expressed in a document changes made using adjustable unit of weight must be equal to 1, 2, or 5, or components. The following information must a decimal multiple or sub-multiple of 1, 2, or be provided in an electronic form that can- 5. not be changed or erased by the scale oper- 2.3.1.5 Range of Indication. The range of ator, can be printed at any time, and can be the weight indications and printed values for cleared by the scale manufacturer’s rep- each haul or set must be from 0 kg to 999,999 resentative upon direction by NMFS or by an kg and for the cumulative weight must be authorized scale inspector: from 0 to 99,999 metric tons. a. The date and time (to the nearest 2.3.1.6 Resettable and Non-resettable Values. minute) of the change; The means to indicate the weight of fish in b. The name or type of adjustment being each haul or set must be resettable to zero. made; and The means to indicate the cumulative c. The initial and final values of the pa- weight must not be resettable to zero with- rameter being changed. out breaking a security means and must be 2.3.1.13 Adjustments to Scale Weights. The reset only upon direction of NMFS or an au- indicators and printer must be designed so thorized scale inspector. that the scale operator cannot change or ad- 2.3.1.7 Rate of Flow Indicator. Permanent just the indicated and printed weight values. means must be provided to produce an audio 2.3.2 Weighing Elements.

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2.3.2.1 Speed Measurement. A belt scale 2.4.2.1 Influence Quantity and Disturbance must be equipped with means to accurately Tests. Tests must be conducted according to sense the belt travel and/or speed whether annex A and the results of these tests must the belt is loaded or empty. be within the values specified in section 2.3.2.2 Conveyer Belt. The weight per unit 2.2.1.1. length of the conveyor belt must be prac- 2.4.2.2 Zero-Load Tests. A zero-load test tically constant. Belt joints must be such must be conducted for a time equal to that that there are no significant effects on the required to deliver the minimum totalized weighing results. load (‘‘min). At least two zero-load tests 2.3.2.3 Overload Protection. The load re- must be conducted prior to a material test. ceiver must be equipped with means so that The results of these tests must be within the an overload of 150 percent or more of the ca- values specified in section 2.2.1.2. pacity does not affect the metrological char- 2.4.2.3 Material Tests. At least one mate- acteristics of the scale. rial test must be conducted with the weight 2.3.2.4 Speed Control. The speed of the belt of the material or simulated material equal must not vary by more than 5 percent of the to or greater than the minimum test load. nominal speed. The results of these tests must be within the 2.3.2.5 Adjustable Components. An adjust- values specified in section 2.2.1.3. able component that can affect the perform- 2.4.3 Annual Inspections. ance of the belt scale must be held securely 2.4.3.1 Zero-Load Tests. A zero-load test in position and must not be capable of ad- must be conducted for a time equal to that justment without breaking a security means. required to deliver the minimum totalized 2.3.2.6 Motion Compensation. A belt scale load (Smin). At least one zero-load test must must be equipped with automatic means to be conducted prior to each material test. The compensate for the motion of a vessel at sea results of this test must be within the values so that the weight values indicated are with- specified in section 2.2.1.2. in the MPEs. Such means shall be a ref- 2.4.3.2 Material Tests. At least one mate- erence load cell and a reference mass weight rial or simulated material test must be con- or other equally effective means. When ducted with the weight of the material or equivalent means are utilized, the manufac- simulated material equal to or greater than turer must provide NMFS with information the minimum test load. The results of these demonstrating that the scale can weigh ac- tests must be within the values specified in curately at sea. section 2.2.1.3. 2.3.3 Installation Conditions. A belt scale must be rigidly installed in a level condition. 3. Automatic Hopper Scales 2.3.4 Marking. A belt scale must be 3.1 Applicability. The requirements in this marked with the— section apply to a scale or scale system that a. Name, initials, or trademark of the man- is designed for automatic weighing of a bulk ufacturer or distributer; commodity in predetermined amounts. b. Model designation; 3.2 Performance Requirements. c. Non-repetitive serial number; 3.2.1 Maximum Permissible Errors. For lab- d. Maximum flow rate (Qmax); oratory tests of a scale and initial inspection e. Minimum flow rate (Qmin); and annual reinspections of an installed f. Minimum totalized load (Smin); scale when the vessel is tied up at a dock and is not under power at sea, the following g. Value of a scale division (d); MPEs are specified: h. Belt speed; 3.2.1.1 Laboratory Tests. See annex A to ap- i. Weigh length; pendix A for procedures for disturbance test j. Maximum capacity (Max); and influence factors. k. Temperature range (if applicable); and a. Disturbances. Significant fault (sf) l. Mains voltage. (±scale division). 2.3.4.1 Presentation. The markings must be b. Influence Factors. ±1 percent of test load. reasonably permanent and of such size, 3.2.1.2 Increasing and Decreasing Load shape, and clarity to provide easy reading in Tests. For increasing and decreasing load normal conditions of use. They must be tests conducted in a laboratory or on a scale grouped together in a place visible to the op- installed on a vessel tied up at a dock and erator. not under power at sea, ±1.0 percent of the 2.4 Tests. test load. 2.4.1 Minimum Test Load. The minimum 3.2.2 Minimum Weighment (Smin). The min- test load must be the greater of— imum weighment must not be less than 20 a. 2 percent of the load totalized in 1 hour percent of the weighing capacity, or a load at the maximum flow rate; equal to 100 scale intervals (d), except for the b. The load obtained at maximum flow rate final weighment of a lot. in one revolution of the belt; or 3.2.3 Minimum Totalized Load (Lot). The c. A load equal to 800 scale divisions. minimum totalized load must not be less 2.4.2 Laboratory Tests. than 4 weighments.

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3.2.4 Influence Quantities. The following reference value must be determined and requirements apply to influence factor tests printed only at the beginning of each weigh- conducted in the laboratory: ing cycle. For hopper scales used to deliver 3.2.4.1 Temperature. A hopper scale must (weigh out), the no-load reference value must comply with the metrological and technical be determined and printed only after the requirements at temperatures from ¥10 °C to gross-load weight value for each weighing + 40 °C. However, for special applications the cycle has been indicated and printed. temperature range may be different, but the 3.3.1.6 Printing Sequence. Provision must range must not be less than 30 °C and must be made so that all weight values are indi- be so specified on the scale’s descriptive cated until the completion of the printing of markings. the indicated values. 3.2.4.1.1 Operating Temperature. A hopper 3.3.1.7 Printed Information. The informa- scale must not display or print any usable tion printed must include— weight values until the operating tempera- a. For catch weight: ture necessary for accurate weighing and a i. The vessel name; stable zero-balance condition have been at- ii. The Federal fisheries or processor per- tained. mit number of the vessel; 3.2.4.2 Power Supply. A hopper scale must iii. The haul or set number; comply with the performance and technical iv. The total weight of catch in each haul requirements when operated within ¥15 per- or set; cent to + 10 percent of the power supply spec- v. The total cumulative weight of all fish ified on the scale’s descriptive markings. or other material weighed on the scale; and 3.3 Technical Requirements. vi. The date and time the information is 3.3.1 Indicators and Printers. printed. 3.3.1.1 General. a. A hopper scale must be b. For the audit trail: equipped with an indicator and printer that i. The vessel name; indicates and prints the weight of each load ii. The Federal fisheries or processor per- and a no-load reference value; and a printer mit number of the vessel; that prints the total weight of fish in each iii. The date and time (to the nearest haul or set and the total cumulative weight minute) of the change; of all fish and other material weighed on the iv. The name or type of adjustment being scale between annual inspections (‘‘the cu- made; and mulative weight’’). The indications and v. The initial and final values of the pa- printed information must be clear, definite, rameter being changed. accurate, and easily read under all condi- 3.3.1.8 Permanence of Markings. All re- tions of normal operation of the hopper quired indications, markings, and instruc- scale. tions must be distinct and easily readable b. A no-load reference value may be a posi- and must be of such character that they will tive or negative value in terms of scale divi- not tend to become obliterated or illegible. sions or zero. When the no-load reference 3.3.1.9 Range of Indication. The range of value is zero, the scale must return to a zero the weight indications and printed values for indication (within ±0.5 scale division) when each haul or set must be from 0 kg to 999,999 the load receptor (hopper) is empty following kg and for the cumulative weight must be the discharge of all loads, without the inter- from 0 to 99,999 metric tons. vention of either automatic or manual 3.3.1.10 Non-Resettable Values. The cumu- means. lative weight must not be resettable to zero 3.3.1.2 Values Defined. If indications or without breaking a security means and must printed representations are intended to have be reset only upon direction by NMFS or by specific values, these must be defined by a an authorized scale inspector. sufficient number of figures, words, or sym- 3.3.1.11 Power Loss. In the event of a power bols, uniformly placed with reference to the failure, means must be provided to retain in indications or printed representations and as a memory the weight of fish in each haul or close as practicable to the indications or set for which a printed record has not yet printed representations but not so positioned been made, the cumulative weight, and the as to interfere with the accuracy of reading. information on the audit trail described in 3.3.1.3 Units. The weight of each haul or 3.3.1.13. set must be indicated in kilograms, and the 3.3.1.12 Adjustable Components. An adjust- cumulative weight must be indicated in ei- able component that, when adjusted, affects ther kilograms or metric tons and decimal the performance or accuracy of the scale subdivisions. must not be capable of adjustment without 3.3.1.4 Value of the Scale Division. The breaking a security means, unless a record of value of the scale division (d) expressed in a the adjustment is made on the audit trail de- unit of weight must be equal to 1, 2, or 5, or scribed in 3.3.1.13. a decimal multiple or sub-multiple of 1, 2, or 3.3.1.13 Audit Trail. An audit trail in the 5. form of an event logger must be provided to 3.3.1.5 Weighing Sequence. For hopper document changes made using adjustable scales used to receive (weigh in), the no-load components. The following information must

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be provided in an electronic form that can- curely in position and must not be capable of not be changed or erased by the scale oper- adjustment without breaking a security ator, can be printed at any time, and can be means. cleared by the scale manufacturer’s rep- 3.3.4.3 Motion Compensation. A hopper resentative upon direction of NMFS or by an scale must be equipped with automatic authorized scale inspector: means to compensate for the motion of a a. The date and time (to the nearest vessel at sea so that the weight values indi- minute) of the change; cated are within the MPEs. Such means shall b. The name or type of adjustment being be a reference load cell and a reference mass made; and weight or other equally effective means. c. The initial and final values of the pa- When equivalent means are utilized, the rameter being changed. manufacturer must provide NMFS with in- 3.3.1.14 Zero-Load Adjustment. A hopper formation demonstrating that the scale can scale must be equipped with a manual or weigh accurately at sea. semi-automatic means that can be used to 3.3.5 Installation Conditions. A hopper scale adjust the zero-load balance or no-load ref- must be rigidly installed in a level condition. erence value. 3.3.6 Marking. A hopper scale must be 3.3.1.14.1 Manual. A manual means must marked with the following: be operable or accessible only by a tool out- a. Name, initials, or trademark of the man- side of, or entirely separate from, this mech- ufacturer or distributer; anism or enclosed in a cabinet. b. Model designation; 3.3.1.14.2 Semi-Automatic. A semi-auto- c. Non-repetitive serial number; matic means must be operable only when the d. Maximum capacity (Max); indication is stable within ±1 scale division e. Minimum capacity (min); and cannot be operated during a weighing f. Minimum totalized load (Smin); cycle (operation). g. Minimum weighment; 3.3.1.15 Damping Means. A hopper scale h. Value of the scale division (d); must be equipped with effective automatic i. Temperature range (if applicable); and means to bring the indications quickly to a j. Mains voltage. readable stable equilibrium. Effective auto- 3.3.6.1 Presentation. Descriptive markings matic means must also be provided to permit must be reasonably permanent and grouped the recording of weight values only when the together in a place visible to the operator. indication is stable within plus or minus one 3.4 Tests. scale division. 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- 4. Platform Scales and Hanging Scales ity of the hopper does not affect the 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

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determine the known weight of fish for a ma- 4.2.4.1.1 Operating Temperature. A scale terial test of another scale are not required must not display or print any usable weight to have a printer under sections 4.3.1 and values until the operating temperature nec- 4.3.1.5 or an audit trail under section 4.3.1.8. essary for accurate weighing and a stable 4.2 Performance Requirements. zero-balance condition have been attained. 4.2.1 Maximum Permissible Errors. For lab- 4.2.4.2 Power Supply. A scale must comply oratory tests of a scale and initial inspection with the performance and technical require- and annual reinspections of an installed ments when operated within ¥15 percent to scale while the vessel is tied up at a dock + 10 percent of the power supply specified on and is not under power at sea, the following the scale’s descriptive markings. MPEs are specified: 4.3 Technical Requirements. 4.2.1.1 Laboratory Tests. See annex A to 4.3.1 Indicators and Printers. this appendix A for procedures for disturb- 4.3.1.1 General. A scale must be equipped ance tests and influence factors. with an indicator and a printer. The indica- a. Disturbances. Significant fault (±1 scale tions and printed information must be clear, division); and definite, accurate, and easily read under all b. Influence Factors. See Table 1 in section conditions of normal operation of the scale. 4.2.1.2. 4.3.1.2 Values Defined. If indications or 4.2.1.2 Increasing and Decreasing Load and printed representations are intended to have Shift Tests. Increasing and decreasing load specific values, these must be defined by a and shift tests conducted in a laboratory or sufficient number of figures, words, or sym- on a scale installed on a vessel while the ves- bols, uniformly placed with reference to the sel is tied up at a dock and is not under indications or printed representations and as power at sea, see Table 1 as follows: close as practicable to the indications or printed representations but not so positioned TABLE 1—INFLUENCE FACTORS as to interfere with the accuracy of reading. 4.3.1.3 Units. The weight units indicated Test load in scale divisions (d) Maximum must be in terms of kilograms and decimal permis- subdivisions. 1 sible error Class III Class IIII (d) 4.3.1.4 Value of the Scale Division. The value of the scale division (d) expressed in a 0

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b. An audit trail in the form of an event a. Name, initials, or trademark of the man- logger must be provided to document ufacturer or distributor; changes made using adjustable components. b. Model designation; The following information must be provided c. Non-repetitive serial number; in an electronic form that cannot be changed d. Accuracy class (III or IIII); or erased by the scale operator, can be print- e. Maximum capacity (Max); ed at any time, and can be cleared by the f. Minimum capacity (min); scale manufacturer’s representative upon di- g. Value of a scale division (d); rection of NMFS or an authorized scale in- h. Temperature range (if applicable); and spector: i. Mains voltage. i. The date and time (to the nearest 4.3.4.1 Presentation. Descriptive markings minute) of the change; must be reasonably permanent and grouped ii. The name or type of adjustment being together in a place visible to the operator. made; and 4.4 Tests. iii. The initial and final values of the pa- 4.4.1 Standards. The error of the standards rameter being changed. used must not exceed 25 percent of the MPE 4.3.1.9 Zero-Load Adjustment. A scale must applied. be equipped with a manual or semi-auto- 4.4.2 Laboratory Tests. matic means that can be used to adjust the 4.4.2.1 Influence Quantities and Disturbance zero-load balance or no-load reference value. Tests. Tests must be conducted according to 4.3.1.9.1 Manual. A manual means must be annex A to this appendix A, and the results operable or accessible only by a tool outside of these tests must be within the values of or entirely separate from this mechanism specified in section 4.2.1.1. or enclosed in a cabinet. 4.4.2.2 Performance Tests. Performance 4.3.1.9.2 Semi-automatic. A semi-automatic tests must be conducted as follows: means must meet the provisions of 4.3.1.8 or a. Increasing load test. At least five increas- must be operable only when the indication is ing load tests must be conducted with test stable within ±1 scale division and cannot be loads at the minimum load, at a load near operated during a weighing cycle (oper- capacity, and at 2 or more critical points in ation). between. 4.3.1.10 Damping Means. A scale must be equipped with effective automatic means to b. Shift test (platform scales only). A shift bring the indications quickly to a readable test must be conducted during the increasing stable equilibrium. Effective automatic load test at one-third capacity test load cen- means must also be provided to permit the tered in each quadrant of the platform. recording of weight values only when the in- c. Decreasing load test. A decreasing load dication is stable within plus or minus one test must be conducted with a test load ap- scale division. proximately equal to one-half capacity when 4.3.2 Weighing Elements. removing the test loads of an increasing load 4.3.2.1 Overload Protection. The scale must test. be so designed that an overload of 150 per- 4.4.3 Annual Scale Inspections. cent or more of the capacity does not affect At least two increasing load tests, shift the metrological characteristics of the scale. tests, and decreasing load tests must be con- 4.3.2.2 Adjustable Components. An adjust- ducted as specified in section 4.4.2.2. Addi- able component that can affect the perform- tionally tests must be conducted with test ance of the scale must be held securely in po- loads approximately equal to the weight of sition and must not be capable of adjustment loads at which the scale is normally used. without breaking a security means. The results of all tests must be as specified 4.3.2.3 Motion Compensation. A platform in Table 1 in section 4.2.1.2. scale must be equipped with automatic 5. Definitions means to compensate for the motion of a vessel at sea so that the weight values indi- Adjustable component—Any component cated are within the MPEs. Such means shall that, when adjusted, affects the performance be a reference load cell and a reference mass or accuracy of the scale, e.g., span adjust- weight or other equally effective means. ment or automatic zero-setting means. Man- When equivalent means are utilized, the ual or semi-automatic zero-setting means manufacturer must provide NMFS with in- are not considered adjustable components. formation demonstrating that the scale can Audit trail—An electronic count and/or in- weigh accurately at sea. formation record of the changes to the val- 4.3.3 Installation Conditions. A platform ues of the calibration or configuration pa- scale must be rigidly installed in a level con- rameters of a scale. dition. When in use, a hanging scale must be Automatic hopper scale—A hopper scale freely suspended from a fixed support or a adapted to the automatic weighing of a bulk crane. commodity (fish) in predetermined amounts. 4.3.4 Marking. A scale must be marked Capacities vary from 20 kg to 50 mt. It is with the following: generally equipped with a control panel,

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with functions to be set by an operator, in- influences the measurement obtained within cluding the start of an automatic operation. the rated operating conditions of the scale. (See definition of hopper scale). Influence quantity and disturbance tests— Belt scale—A scale that employs a conveyor Tests conducted in a laboratory to determine belt in contact with a weighing element to the capability of the scale under test to per- determine the weight of a bulk commodity form correctly in the environmental influ- being conveyed. It is generally a part of a ences in which they are used and when sub- system consisting of an input conveyor, the jected to certain disturbances that may flow scale, and an output conveyor. The con- occur during the use of the scale. veyor belt may be constructed of various ma- Initial verification—The first evaluation (in- terials, including vulcanized rubber, canvas, spection and test) of a production model of a and plastic. The capacity is generally speci- weighing instrument that has been type fied in terms of the amount of weight that evaluated to determine that the production can be determined in a specified time, and model is consistent with the model that had can vary from, for example, 1 ton per hour to been submitted for type evaluation. 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. Material test—A test using a material that Disturbances—An influence that may occur is the same or similar to the material that is during the use of a scale but is not within usually weighed, the weight of which has the rated operating conditions of the scale. been determined by a scale other than the Event logger—A form of audit trail con- scale under test. taining a series of records where each record Maximum flow-rate—The maximum flow- contains the identification of the parameter rate of material specified by the manufac- that was changed, the time and date when turer at which a belt scale can perform cor- the parameter was changed, and the new rectly. value of the parameter. Minimum flow-rate—The minimum flow- Final weighment—The last partial load rate specified by the manufacturer at which weighed on a hopper scale that is part of the a belt scale can perform correctly. weight of many loads. Minimum load—The smallest weight load Hanging scale—A scale that is designed to that can be determined by the scale that is weigh a load that is freely suspended from an considered to be metrologically acceptable. overhead crane or it may be permanently in- Minimum totalized load—The smallest stalled in an overhead position. The load re- weight load that can be determined by a belt ceiver may be a part of the scale such as a scale that is considered to be metrologically pan suspended on chains, or simply a hook acceptable. that is used to ‘‘pick-up’’ the container of Minimum weighment—The smallest weight the commodity to be weighed. The tech- that can be determined by a hopper scale nology employed may be mechanical, that is considered to be metrologically ac- electro-mechanical, or electronic. The loads ceptable. can be applied either manually or by such Motion compensation—The means used to means as a crane. compensate for the motion of the vessel at Hopper scale—A scale designed for weighing sea. individual loads of a bulk commodity (fish). No-load reference value—A weight value ob- The load receiver is a cylindrical or rectan- tained by a hopper scale when the load re- gular container mounted on a weighing ele- ceiver (hopper) is empty of the product that ment. The weighing element may be me- was or is to be weighed. chanical levers, a combination of levers and Non-repeatable weighment—A process where a load cell, or all load cells. The capacity can the product after being weighed is disposed vary from less than 20 kg to greater than 50 of in such a manner that it cannot be re- mt. The loads are applied from a bulk source trieved to be reweighed. by such means as a conveyor or storage hop- Number of scale divisions (n)—The number of per. Each step of the weighing process, that scale divisions of a scale in normal oper- is the loading and unloading of the weigh ation. It is the quotient of the scale capacity hopper, is controlled by an operator. divided by the value of the scale division. n Indicator—That part of a scale that indi- = Max/d cates the quantity that is being weighed. Performance requirements—A part of the Influence factor—A value of an influence regulations or standards that applies to the quantity, e.g., 10°, that specifies the limits of weighing performance of a scale, e.g., MPEs. the rated operating conditions of the scale. Performance test—A test conducted to de- Influence quantity—A quantity that is not termine that the scale is performing within the subject of the measurement but which the MPE applicable.

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Periodic verification—A verification of a Subsequent verification—Any evaluation of a weighing instrument at an interval that is weighing instrument following the initial specified by regulation or administrative verification. ruling. Suitability for use—A judgement that must Platform scale—A scale by the nature of its be made that certain scales by nature of physical size, arrangement of parts, and rel- their design are appropriate for given weigh- atively small capacity (generally 220 kg or ing applications. less) that is adapted for use on a bench or Technical requirements—A part of the regu- counter or on the floor. A platform scale can lations or standards that applies to the oper- be self contained, that is, the indicator and ational functions and characteristics of a load receiver and weighing elements are all scale, e.g., capacity, scale division, tare. comprised of a single unit, or the indicator Testing laboratory—A facility for con- can be connected by cable to a separate load ducting type evaluation examinations of a receiver and weighing element. The tech- scale that can establish its competency and nology used may be mechanical, electro-me- proficiency by such means as ISO Guide 25, chanical, or electronic. Loads are applied ISO 9000, EN 45011, NVLAP, NTEP. manually. Type evaluation—A process for evaluating Rated capacity—The maximum flow-rate in the compliance of a weighing instrument terms of weight per unit time specified by with the appropriate standard or regulation. the manufacturer at which a belt scale can User requirements—A part of the regula- perform correctly. tions or standards that applies to the oper- ator/owner of the scale. Scale division (d)—The smallest digital sub- Weighment—A single complete weighing op- division in units of mass that is indicated by eration. the weighing instrument in normal oper- ation. ANNEX A OF APPENDIX A TO PART 679— Sealing—A method used to prevent the ad- INFLUENCE QUANTITY AND DISTURBANCE TESTS justment of certain operational characteris- tics or to indicate that adjustments have A.1 General—Included in this annex are been made to those operational characteris- tests that are intended to ensure that elec- tics. tronic scales can perform and function as in- tended in the environment and under the Security seals or means—A physical seal conditions specified. Each test indicates, such as a lead and wire seal that must be where appropriate, the reference condition broken in order to change the operating or under which the intrinsic error is deter- performance characteristics of the scale, or a mined. number generated by the scale whenever a A.2 Test Considerations change is made to an adjustable component. A.2.1 All electronic scales of the same The number must be sequential and it must category must be subjected to the same per- not be possible for the scale operator to alter formance test program. it. The number must be displayed whenever A.2.2 Tests must be carried out on fully the scale is turned on. operational equipment in its normal oper- Significant fault—An error greater than the ational state. When equipment is connected value specified for a particular scale. For a in other than a normal configuration, the belt scale: A fault greater than 0.18 percent procedure must be mutually agreed to by of the weight value equal to the minimum NMFS and the applicant. totalized load. For all other scales: 1 scale A.2.3 When the effect of one factor is division (d). A significant fault does not in- being evaluated, all other factors must be clude faults that result from simultaneous held relatively constant, at a value close to and mutually independent causes in the belt normal. The temperature is deemed to be scale; faults that imply the impossibility of relatively constant when the difference be- performing any measurement; transitory tween the extreme temperatures noted dur- faults that are momentary variations in the ing the test does not exceed 5 °C and the var- indications that cannot be interpreted, iation over time does not exceed 5 °C per memorized, or transmitted as a measure- hour. ment result; faults so serious that they will A.2.4 Before the start of a test, the equip- inevitably be noticed by those interested in ment under test (EUT) must be energized for the measurement. a period of time at least equal to the warm- Simulated material test—A test in which the up time specified by the manufacturer. The load applied is test material simulating the EUT must remain energized throughout the weight of the material that is usually duration of the test. weighed. A.3 Tests Simulated test—A test in which the weight indications are developed by means other Characteristics Condi- than weight, e.g., a load cell simulator. Test tions under test applied Stationary installation—An installation of a scale in a facility on land or a vessel that is A.3.1 Static temperatures ...... Influence factor MPE tied-up to a dock or in dry dock. A.3.2 Damp heat, steady state ... Influence factor MPE

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Condi- to a zero indication as practicable prior to Test Characteristics tions the test. under test applied Test Sequence: A.3.3 Power voltage variation ..... Influence factor MPE A.3.4 Short time power reduction Disturbance .... sf a. Stabilize the EUT in the chamber at a A.3.5 Bursts ...... Disturbance .... sf reference temperature of 20 °C. Conduct the A.3.6 Electrostatic discharge ...... Disturbance .... sf tests as specified in the test procedure in A.3.7 Electromagnetic suscepti- Disturbance .... sf brief and record the following data: bility. i. Date and time, ii. Temperature, 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- peat the tests and record the test data indi- temperatures specified in section 2.2.4.1 for cated in this A.3.1 Test Sequence section. belt scales, section 3.2.4.1 for automatic hop- c. Reduce the temperature in the chamber per scales, and section 4.2.3.1 for platform as per the IEC procedures to the specified scales and hanging scales, under ‘‘free air’’ low temperature. After temperature sta- condition for a 2-hour period after the EUT bilization, allow the EUT to soak for 2 hours. has reached temperature stability. The EUT Following the 2 hours, repeat the tests and must be tested during a weighing operation record the test data as indicated in this A.3.1 consisting of: Test Sequence section. For belt scales—the totalization of the Smin, d. Raise the temperature in the chamber as 2 times each at approximately the minimum per the IEC procedures to 5 °C. After tem- flow rate, an intermediate flow rate, and the perature stabilization, allow the EUT to maximum flow rate. soak for 2 hours. Following the 2 hours, re- For platform, hanging, and automatic hopper peat the tests and record the test data as in- scales—tested with at least five different test dicated in this A.3.1 Test Sequence section. loads or simulated loads under the following conditions: NOTE: This test relates to a ¥10 °C to + 40 a. At a reference temperature of 20 °C fol- °C range. For special ranges, it may not be lowing conditioning. necessary. 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. For belt scales—the totalization of the Smin, Supplementary information to the IEC test 2 times each at approximately the minimum procedures. flow rate, an intermediate flow rate, and the Preconditioning: 16 hours. maximum flow rate. Condition of EUT: Normal power supplied For platform, hanging, and automatic hopper and ‘‘on’’ for a time period equal to or great- scales—tested with at least five different test er than the warm-up time specified by the loads or simulated loads at a reference tem- manufacturer. Power is to be ‘‘on’’ for the perature of 20 °C and a relative humidity of duration of the test. Adjust the EUT as close 50 percent following conditioning, and at the

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upper limit temperature and a relative hu- Test procedure in brief: The test consists of midity of 85 percent 2 days following tem- subjecting the EUT to AC mains power dur- perature and humidity stabilization. ing a weighing operation consisting of the following: Test severities: For belt scales—while totalizing the Smin at Temperature: upper limit. the maximum flow rate. Humidity: 85 percent (non-condensing). For platform, hanging, and automatic hopper Duration: 2 days. scales—at no load and a test load between 50 Number of test cycles: At least one test. percent and 100 percent of weighing capacity. Test severities: Mains voltage: Maximum Allowable Variations: Upper limit U (nom) + 10 percent. Lower limit U (nom) ¥15 percent. a. All functions must operate as designed. Number of test cycles: At least one cycle. 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 procedures. Conduct of the test: Preconditioning: None required. Preconditioning: None required. Condition of EUT: Test equipment: a. Normal power supplied and ‘‘on’’ for a time period equal to or greater than the a. Variable power source, warm-up time specified by the manufacturer. b. Calibrated voltmeter, and Power is to be ‘‘on’’ for the duration of the c. Load cell simulator, if applicable. test. Condition of EUT: b. The handling of the EUT must be such that no condensation of water occurs on the a. Normal power supplied and ‘‘on’’ for a EUT. time period equal to or greater than the c. Adjust the EUT as close to a zero indica- warm-up time specified by the manufacturer. tion as practicable prior to the test. b. Adjust the EUT as close to a zero indica- tion as practicable prior to the test. Test Sequence: Test sequence: a. Allow 3 hours for stabilization of the EUT at a reference temperature of 20 °C and a. Stabilize the power supply at nominal a relative humidity of 50 percent. Following voltage ±2 percent. stabilization, conduct the tests as specified b. Conduct the tests specified in the test in the test procedures in brief and record the procedure in brief and record the following following data: 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 per- c. Allow full recovery of the EUT before cent 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

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phase successively. Frequency variation ap- ii. Temperature, plies to all phases simultaneously. iii. Relative humidity, A.3.3.2 DC Power Supply iv. Power supply voltage, Under consideration. v. Test load, A.3.4 Short Time Power Reduction vi. Indications, Test method: Short time interruptions and vii. Errors, and reductions in mains voltage. viii. Functions performance. Object of the test: To verify compliance with c. Interrupt the power supply to zero volt- the applicable significant fault under condi- age for a period equal to 8-10 ms. During tions of short time mains voltage interrup- interruption observe the effect on the EUT tions and reductions. and record, as appropriate. 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 ten times with a time interval of at least 10 f. Repeat the steps four times in this A.3.4 seconds. This test is conducted during a Test Sequence section, making sure that weighing operation consisting of the fol- there is a 10 second interval between repeti- lowing: tions. Observe the effect on the EUT. For belt scales—while totalizing at the max- A.3.5 Bursts Test method: Electrical bursts. imum flow rate at least the Smin (or a time sufficient to complete the test). Object of the test: To verify compliance with For platform, hanging, and automatic hopper the provisions in this manual under condi- scales—tested with one small test load or tions where electrical bursts are super- simulated load. imposed on the mains voltage. 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 equal to 16-20 ms. Test Procedure in brief: 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- Conduct of the Test: lowing: For belt scales—while totalizing at the max- Preconditioning: None required. imum flow rate at least the Smin (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:

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Test equipment: Contact Discharge: up to and including 6 kV. A burst generator having an output imped- Number of test cycles: At least 10 discharges ance of 50 ohms. must be applied at intervals of at least 10 Test conditions: seconds between discharges. The burst generator must be adjusted be- Maximum allowable variations: fore connecting the EUT. The bursts must be The difference between the indication due coupled to the EUT both on common mode to the disturbance and the indication with- and differential mode interference. out the disturbance either must not exceed Condition of EUT: the values indicated in sections 2.2.1.1 b., 3.2.1.1 b., and 4.2.1.1 b. of this appendix, or a. Normal power supplied and ‘‘on’’ for a the EUT must detect and act upon a signifi- time period equal to or greater than the cant fault. 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. a. Stabilize all factors at nominal ref- Preconditioning: None required. 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 Test sequence: as indicated in this A.3.5 Test Sequence sec- 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 Test Sequence section and record the— the provisions of this manual under condi- i. Date and time, tions of electrostatic discharges. ii. Temperature, Reference to standard: See section A.4 Bibli- iii. Relative humidity, ography (f) iv. Power supply voltage, v. Test load, Test procedure in brief: vi. Indication, vii. Errors, and A capacitor of 150 pF is charged by a suit- viii. Functions performance. able DC voltage source. The capacitor is then c. Approach the EUT with the discharge discharged through the EUT by connecting electrode until discharge occurs and then re- one terminal to ground (chassis) and the move it before the next discharge. Observe other via 150 ohms to surfaces which are nor- the effect of the discharge on the EUT and mally accessible to the operator. This test is record, as appropriate. conducted during a weighing operation con- d. Repeat the above step at least nine sisting of the following: times, making sure to wait at least 10 sec- For belt scales—while totalizing at the max- onds between successive discharges. Observe imum flow rate at least the Smin (or a time the effect on the EUT and record as appro- sufficient to complete the test). priate. For platform, hanging, and automatic hopper e. Stabilize all factors at nominal ref- scales—test with one small test load or simu- erence conditions. lated load. f. Repeat the test and record the test data as indicated in this A.3.6 Test Sequence sec- Test severities tion. Air Discharge: up to and including 8 kV. A.3.7 Electromagnetic Susceptibility

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Test method: Electromagnetic fields (radi- sure by stretching them horizontally from ated). the EUT. b. The field strength must be generated in Object of the Test: two orthogonal polarizations and the fre- To verify compliance with the provisions quency range scanned slowly. If antennas in this manual under conditions of electro- with circular polarization, i.e., log-spiral or magnetic fields. helical antennas, are used to generate the Reference to standard: See section A.4 Bibli- electromagnetic field, a change in the posi- ography (g). tion of the antennas is not required. When the test is carried out in a shielded enclosure Test procedure in brief: to comply with international laws prohib- a. The EUT is placed in an EMI chamber iting interference to radio communications, and tested under normal atmospheric condi- care needs to be taken to handle reflections tions. This test is first conducted at one load from the walls. Anechoic shielding might be in a static mode, and the frequencies at necessary. 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. imum flow rate at least the Smin (or a time Power is to be ‘‘on’’ for the duration of the 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. For platform, hanging, and automatic hopper Test sequence: scales—tested with one small test load. b. The field strength can be generated in a. Stabilize all factors at nominal ref- various ways: erence conditions. i. The strip line is used at low frequencies b. Conduct the test as indicated in this (below 30 MHz or in some cases 150 MHz) for A.3.7 Test Sequence section and record the— small EUT’s; i. Date and time, ii. The long wire is used at low frequencies ii. Temperature, (below 30 MHz) for larger EUT’s; iii. Relative humidity, iii. Dipole antennas or antennas with cir- iv. Test load, cular polarization placed 1 m from the EUT v. Indication, are used at high frequencies. vi. Errors, and c. Under exposure to electromagnetic fields vii. Functions performance. the EUT is again tested as indicated above. c. Following the IEC test procedures, ex- Test severities: Frequency range: 26-1000 pose the EUT at zero load to the specified MHz. field strengths while slowly scanning the Field strength: 3 V/m. Modulation: 80 percent AM, 1 kHz sine three indicated frequency ranges. wave. d. Observe and record the effect on the Number of test cycles: Conduct test by con- EUT. tinuously scanning the specified frequency e. Repeat the test and observe and record range while maintaining the field strength. the effect. Maximum allowable variations: The dif- f. Stabilize all factors at nominal reference ference between the indication due to the conditions. disturbance and the indication without the g. Repeat the test and record the test data. disturbance either must not exceed the val- A.4 Bibliography ues given in this manual, or the EUT must Below are references to Publications of the detect and act upon a significant fault. International Electrotechnical Commission Conduct of the test: Refer to the IEC Publi- (IEC), where mention is made in the tests in cation referenced in section A.4 Bibliography annex A to appendix A of this part. (g) for detailed information on test proce- a. IEC Publication 68–2–1 (1974): Basic envi- dures. ronmental testing procedures. Part 2: Tests, Supplementary information to the IEC test Test Ad: Cold, for heat dissipating equip- procedures. ment under test (EUT), with gradual change of temperature. Test conditions: IEC Publication 68–2–2 (1974): Basic envi- a. The specified field strength must be es- ronmental testing procedures, Part 2: Tests, tablished prior to the actual testing (without Test Bd: Dry heat, for heat dissipating equip- the EUT in the field). At least 1 m of all ex- ment under test (EUT) with gradual change ternal cables must be included in the expo- of temperature.

858

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IEC Publication 68–3–1 (1974): Background Section 8.2.1 (Execution of the test-voltage information, Section 1: Cold and dry heat dips and short interruptions) of the max- tests. imum transit speed and the range of oper- b. IEC Publication 68–2–56 (1988): Environ- ating speeds. mental testing, Part 2: Tests, Test Cb: Damp e. IEC Publication 1000–4–4 (1995): Electro- heat, steady state. Primarily for equipment. magnetic compatibility (EMC) Part 4: Test- IEC Publication 68–2–28 (1980): Guidance for ing and measurement techniques—Section 4: damp heat tests. Electrical fast transient/burst immunity c. IEC Publication 1000–4–11 (1994): Electro- test. Basic EMC publication. magnetic compatibility (EMC) Part 4: Test- f. IEC Publication 1000–4–2 (1995): Electro- ing and measurement techniques, Section 11. magnetic compatibility (EMC) Part 4: Test- Voltage dips, short interruptions and voltage ing and measurement techniques—Section 2: variations immunity tests. Section 5.2 (Test Electrostatic discharge immunity test. Basic levels—Voltage variation). Section 8.2.2 EMC Publication. (Execution of the test-voltage variation). g. IEC Publication 1000–4–3 (1995): Electro- magnetic compatibility (EMC) Part 4: Test- d. IEC Publication 1000–4–11 (1994): Electro- ing and measurement techniques—Section 3: magnetic compatibility (EMC) Part 4: Test- Radiated, radio-frequency electromagnetic ing and measurement techniques, Section 11: field immunity test. Voltage dips, short interruptions and voltage variations immunity tests. Section 5.1 (Test [63 FR 5845, Feb. 4, 1998, as amended at 65 FR levels—Voltage dips and short interruptions. 33783, May 25, 2000]

859

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FIGURE 1 TO PART 679—BERING SEA AND ALEUTIAN ISLANDS STATISTICAL AND REPORTING AREAS

860

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b. Coordinates

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 is- lands connecting the following coordinates in the order listed: 52°49.18′ N, 169°40.47′ W, 52°49.24′ N, 169°07.10′ W, 53°23.13′ N, 167°50.50′ W, 53°18.95′ N, 167°51.06′ W. 519 South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 53°58.97′ N, 166°16.50′ W, 54°02.69′ N, 166°02.93′ W, 54°07.69′ N, 165°39.74′ W, 54°08.40′ N, 165°38.29′ W, 54°11.71′ N, 165°23.09′ W, 54°23.74′ N, 164°44.73′ W. 521 The area bounded by straight lines connecting the following coordinates in the order listed: 55°46′ N, 170°00′ W, 59°25′ N, 179°20′ W, 60°00′ N, 179°20′ W, 60°00′ N, 171°00′ W, 58°00′ N, 171°00′ W, 58°00′ N, 170°00′ W, 55°46′ N, 170°00′ W. 523 The area bounded by straight lines connecting the following coordinates in the order listed: 59°25′ N, 179°20′ W, 55°46′ N, 170°00′ W, 55°00′ N, 170°00′ W, 55°00′ N, 180°00′ W, and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 524 The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed: 58°00′ N, 170°00′ W, 58°00′ N, 171°00′ W, 60°00′ N, 171°00′ W, 60°00′ N, 179°20′ W, 59°25′ N, 179°20′ W, and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 530 The area north of 55°00 N lat and west of 180°00 W long to the limits of the US EEZ as described in the current edi- tion 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 Ber- ing 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 Ber- ing Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 543 Western Aleutian District. The area south of 55°00′ N lat and west of 177°00′ E long, and bounded on the south and west by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 550 Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as de- picted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Note: A statistical area is the part of a reporting area contained in the EEZ.

[64 FR 61983, Nov. 15, 1999; 65 FR 25290, May 1, 2000]

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FIGURE 2 TO PART 679—BSAI CATCHER VESSEL OPERATIONAL AREA

[64 FR 61985, Nov. 15, 1999]

862

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FIGURE 3 TO PART 679—GULF OF ALASKA REPORTING AREAS

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b. Coordinates

Code Description

610 Western GOA Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands, including those wa- ters south of Nichols Point (54°51′30″ N lat) near False Pass, and straight lines between the islands and the Alas- ka Peninsula connecting the following coordinates in the order listed: 52°49.18′ N, 169°40.47′ W; 52°49.24′ N, 169°07.10′ W; 53°23.13′ N, 167°50.50′ W; 53°18.95′ N, 167°51.06′ W; 53°58.97′ N, 166°16.50′ W; 54°02.69′ N, 166°02.93′ W; 54°07.69′ N, 165°39.74′ W; 54°08.40′ N, 165°38.29′ W; 54°11.71′ N, 165°23.09′ W; 54°23.74′ N, 164°44.73′ 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 GOA 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) except that all waters of the Alitak/Olga/ Deadman’s/Portage Bay complex of Kodiak Island are included in this area. 630 Central GOA 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 all waters of the Alitak/Olga/ Deadman’s/Portage Bay complex of Kodiak Island and Area 649. 640 Eastern GOA 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 GOA 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 Eastern GOA Regulatory Area, Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105 (a)(1) and (2). 690 GOA 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). NOTE: A statistical area is the part of a reporting area contained in the EEZ.

[64 FR 61987, Nov. 15, 1999; 65 FR 25291, May 1, 2000, as amended at 67 FR 4134, Jan. 28, 2002; 69 FR 21977, Apr. 23, 2004; 73 FR 76168, Dec. 15, 2008; 74 FR 18158, Apr. 21, 2009]

864

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FIGURE 4 TO PART 679—BSAI HERRING SAVINGS AREAS

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b. Coordinates

Name Description and effective date

Summer Herring Savings Area That part of the Bering Sea subarea that is south of 57° N lat and between 162° and 164° W 1. long from 1200 hours, A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing year. Summer Herring Savings Area That part of the Bering Sea subarea that is south of 56°30′′ N lat and between 164° and 167° 2. W long from 1200 hours, A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing year. Winter Herring Savings Area .... That part of the Bering Sea subarea that is between 58° and 60° N lat and between 172° and 175° W long from 1200 hours, A.l.t. September 1 of the current fishing year through 1200 hours, A.l.t. March 1 of the succeeding fishing year.

[64 FR 61989, Nov. 15, 1999]

866

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FIGURE 5 TO PART 679—KODIAK ISLAND TYPE 1, 2, AND 3 NONPELAGIC TRAWL CLOSURE STATUS AND MARMOT BAY TANNER CRAB PROTECTION AREA

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[79 FR 2801, Jan. 16, 2014]

868

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FIGURE 6 TO PART 679—LENGTH OVERALL OF VESSEL

[68 FR 23925, May 6, 2003]

869

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FIGURE 7 TO PART 679—LOCATION OF TRAWL GEAR TEST AREAS IN THE GOA AND THE BSAI

[73 FR 76170, Dec. 15, 2008]

870

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FIGURE 8 TO PART 679—ALEUTIAN ISLANDS CHINOOK SALMON SAVINGS AREA

[75 FR 53069, Aug. 30, 2010]

871

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FIGURE 9 TO PART 679—CHUM SAVINGS AREA (CSSA) OF THE CVOA

872

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b. Coordinates 56°00′ N. lat. 165°00′ W. long. 55°30′ N. lat. 165°00′ W. long. The CSSA is an area defined as that por- 55°30′ N. lat. 164°00′ W. long. tion of the Bering Sea Subarea described by 55°00′ N. lat. 164°00′ W. long. straight lines connecting the following co- 55°00′ N. lat. 167°00′ W. long. ordinates in the order listed: 56°00′ N. lat. 167°00′ W. long. 56°00′ N. lat. 167°00′ W. long. [64 FR 61995, Nov. 15, 1999]

[79 FR 71348, Dec. 2, 2014]

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FIGURE 11 TO PART 679—RED KING CRAB SAVINGS AREA (RKCSA)

[64 FR 61998, Nov. 15, 1999]

874

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FIGURE 12 TO PART 679—BRISTOL BAY TRAWL CLOSURE AREA

[74 FR 62509, Nov. 30, 2009]

875

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FIGURE 13 TO PART 679—BSAI C. OPILIO TANNER CRAB BYCATCH LIMITATIONS ZONE

876

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b. Coordinates 58°00′ N. lat., 165°00′ W. long. ° ′ ° ′ The COBLZ is an area defined as that por- 59 30 N. lat., 170 00 W. long. tion of the Bering Sea Subarea north of 56°30′ and north along 170°00′ W. long. to its inter- N. lat. that is west of a line connecting the section with the U.S.-Russia Boundary. following coordinates in the order listed: [64 FR 62000, Nov. 15, 2000] 56°30′ N. lat., 165°00′ W. long.

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FIGURE 14 TO PART 679—SABLEFISH REGULATORY AREAS

[64 FR 62002, Nov. 15, 2000]

878

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FIGURE 15 TO PART 679—REGULATORY AREAS FOR THE PACIFIC HALIBUT FISHERY

b. Coordinates Area 2B includes all waters off British Co- lumbia; Area 2A includes all waters off the states of Area 2C includes all waters off Alaska that California, Oregon, and Washington; are east of a line running 340° true from Cape

879

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Spencer Light (58°11′57″ N. lat., 136°38′18″ W. W. long., south of 58°00′00″ N. lat., and west of long.) and south and east of a line running 168°00′00″ W. long.; 205° true from said light; Area 4D includes all waters in the Bering Area 3A includes all waters between Area Sea north of Areas 4A and 4B, north and west 2C and a line extending from the most north- of Area 4C, and west of 168°00′00″ W. long.; ° ′ ″ erly point on Cape Aklek (57 41 15 N. lat., Area 4E includes all waters in the Bering ° ′ ″ ° ′ ″ 155 35 00 W. long.) to Cape Ikolik (57 17 17 N. Sea north and east of the closed area defined lat., 154°47′18″ W. long.), then along the Ko- below, east of 168°00′00″ W. long., and south of diak Island coastline to Cape Trinity 65°34′00″ N. lat. (56°44′50″ N. lat., 154°08′44″ W. long.), then 140° true; Closed areas Area 3B includes all waters between Area 3A and a line extending 150° true from Cape All waters in the Bering Sea north of Lutke (54°29′00″ N. lat., 164°20′00″ W. long.) 54°49′00″ N. lat. in Isanotski Strait that are and south of 54°49′00″ N. lat. in Isanotski enclosed by a line from Cape Sarichef Light Strait; (54°36′00″ N. lat., 164°55′42″ W. long.) to a point Area 4A includes all waters in the GOA at 56°20′00″ N. lat., 168°30′00 W. long.; thence west of Area 3B and in the Bering Sea west to a point at 58°21′25″ N. lat., 163°00′00″ W. of the closed area defined below that are east long.; thence to Strogonof Point (56°53′18″ N. of 172°00′00″ W. long. and south of 56°20′00″ N. lat., 158°50′37″ W. long.); and then along the lat.; northern coasts of the Alaska Peninsula and Area 4B includes all waters in the Bering Unimak Island to the point of origin at Cape Sea and the GOA west of Area 4A and south Sarichef Light. ° ′ ″ of 56 20 00 N. lat.; In Area 2A, all waters north of Point - 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″ [64 FR 62003, Nov. 15, 1999]

880

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FIGURE 16 TO PART 679—BERING SEA HABITAT CONSERVATION AREA

[73 FR 43371, July 25, 2008]

881

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FIGURE 17 TO PART 679—NORTHERN BERING SEA RESEARCH AREA AND SAINT LAWRENCE ISLAND HABITAT CONSERVATION AREA (HCA)

[75 FR 61648, Oct. 6, 2010]

882

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FIGURE 18 TO PART 679—SITKA PINNACLES MARINE RESERVE

b. Coordinates necting the following points in a counter- clockwise manner: An area totaling 2.5 square nm off Cape 56°55.5′ N lat., 135°54.0′ W long; Edgecumbe, defined by straight lines con-

883

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56°57.0′ N lat., 135°54.0′ W long; 56°55.5′ N lat., 135°57.0′ W long. ° ′ ° ′ 56 57.0 N lat., 135 57.0 W long; [65 FR 67308, Nov. 9, 2000]

884

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FIGURE 19 TO PART 679—SHELIKOF STRAIT CONSERVATION AREA

[74 FR 62511, Nov. 30, 2009]

885

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FIGURE 20 TO PART 679—STELLER SEA LION CONSERVATION AREA (SCA) OF THE BERING SEA

[67 FR 4134, Jan. 28, 2002]

886

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FIGURE 21 TO PART 679—NUNIVAK ISLAND, ETOLIN STRAIT, AND KUSKOKWIM BAY HABITAT CONSERVATION AREA

[73 FR 43372, July 25, 2008]

887

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FIGURE 22 TO PART 679 [RESERVED]

FIGURE 23 TO PART 679—SALMON MANAGEMENT AREA (SEE § 679.2)

[77 FR 75587, Dec. 21, 2012]

888

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[74 FR 56746, Nov. 3, 2009]

889

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FIGURE 25 TO PART 679—ELEVATING DEVICE CLEARANCE MEASUREMENT LOCATIONS FOR MODIFIED NONPELAGIC TRAWL GEAR

[75 FR 61649, Oct. 6, 2010]

890

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FIGURE 26 TO PART 679—MODIFIED NONPELAGIC TRAWL GEAR

This figure shows the location of elevating devices in the elevated section of modified non- pelagic trawl gear, as specified under § 679.24(f). The top image shows the location of the end elevating devices in the elevated section for gear with net bridles no greater than 185 feet in length. The bottom image shows the location of the beginning elevating devices near the doors and the end elevating devices near the net for gear with net bridles no greater than 185 feet in length.

[79 FR 2803, Jan. 16, 2014]

FIGURE 27 TO PART 679—LOCATIONS FOR MEASURING MAXIMUM CROSS SECTIONS OF LINE MATERIAL (SHOWN AS A) AND SUPPORTING MATERIAL (SHOWN AS B) FOR MODIFIED NONPELAGIC TRAWL GEAR

NOTE: The location for measurement of maximum line material cross section does not in- clude any devices or braided or doubled material used for section termination. [75 FR 61651, Oct. 6, 2010]

891

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TABLE 1a TO PART 679—DELIVERY CONDITION* AND PRODUCT CODES [General Use Codes]

Description Code

Belly flaps. Flesh in region of pelvic and pectoral fins and behind head (ancillary only) ...... 19 Bled only. Throat, or isthmus, slit to allow blood to drain ...... 03 Bled fish destined for fish meal (includes offsite production) DO NOT RECORD ON PTR ...... 42 Bones (if meal, report as 32) (ancillary only) ...... 39 Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached ...... 37 Cheeks. Muscles on sides of head (ancillary only) ...... 17 Chins. Lower jaw (mandible), muscles, and flesh (ancillary only) ...... 18 Fillets, deep-skin. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, resulting in thin fillets ...... 24 Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail ...... 23 Fillets with ribs, no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail ...... 22 Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail ...... 20 Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail ...... 21 Fish meal. Meal from whole fish or fish parts; includes bone meal ...... 32 Fish oil. Rendered oil from whole fish or fish parts. Record only oil destined for sale and not oil stored or burned for fuel onboard ...... 33 Gutted, head on. Belly slit and viscera removed ...... 04 Gutted, head off. Belly slit and viscera removed (May be used for halibut personal use) ...... 05 Head and gutted, with roe ...... 06 Headed and gutted, Western cut. Head removed just in front of the collar bone, and viscera removed ...... 07 Headed and gutted, Eastern cut. Head removed just behind the collar bone, and viscera removed ...... 08 Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed ...... 10 Heads. Heads only, regardless where severed from body (ancillary only) ...... 16 Kirimi (Steak). Head removed either in front or behind the collar bone, viscera removed, and tail removed by cuts perpendicular to the spine, resulting in a steak ...... 11 Mantles, octopus or squid. Flesh after removal of viscera and arms ...... 36 Milt. In sacs, or testes (ancillary only) ...... 34 Minced. Ground flesh ...... 31 Other retained product. If product is not listed on this table, enter code 97 and write a description with product re- covery rate next to it in parentheses ...... 97 Pectoral girdle. Collar bone and associated bones, cartilage and flesh ...... 15 Roe. Eggs, either loose or in sacs, or skeins (ancillary only) ...... 14 Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted ...... 12 Stomachs. Includes all internal organs (ancillary only) ...... 35 Surimi. Paste from fish flesh and additives ...... 30 Whole fish/ or shellfish/food fish ...... 01 Wings. On skates, side fins are cut off next to body ...... 13 SHELLFISH ONLY Soft shell crab ...... 75 Bitter crab ...... 76 Deadloss ...... 79 Sections ...... 80 Meat ...... 81 Note: When using whole fish code, record round weights rather than product weights, even if the whole fish is not used. * Delivery condition code: Condition of the fish or shellfish at the point it is weighed and recorded on the ADF&G fish ticket.

[76 FR 40634, July 11, 2011]

TABLE 1b TO PART 679—DISCARD AND DISPOSITION CODES1

Description Code

Confiscation or seized ...... 63 Deadloss (crab only) ...... 79 Overage ...... 62 Retained for future sale ...... 87 Tagged IFQ Fish (Exempt from debit) ...... 64 Whole fish/bait, not sold. Used as bait onboard vessel ...... 92 Whole fish/bait, sold ...... 61 Whole fish/discard at sea. Whole groundfish and prohibited species discarded by catcher vessels, catcher/proc- essors, motherships, or tenders. DO NOT RECORD ON PTR ...... 98 Whole fish/discard, damaged. Whole fish damaged by observer’s sampling procedures ...... 93 Whole fish/discard, decomposed. Decomposed or previously discarded fish ...... 89 Whole fish/discard, infested. Flea-infested fish, parasite-infested fish ...... 88 Whole fish/discard, onshore. Discard after delivery and before processing by shoreside processors, stationary floating processors, buying stations, and tender vessels and in-plant discard of whole groundfish and prohibited species during processing. DO NOT RECORD ON PTR ...... 99 Whole fish/donated prohibited species. Number of Pacific salmon or Pacific halibut, otherwise required to be dis- carded, that is donated to charity under a NMFS-authorized program ...... 86

892

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Description Code

Whole fish/fish meal. Whole fish destined for meal (includes offsite production.) DO NOT RECORD ON PTR ...... 41 Whole fish/personal use, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. Not sold or utilized as bait ...... 95 Whole fish/sold, for human consumption ...... 60 Note: When using whole fish codes, record round weights rather than product weights, even if the whole fish is not used. 1 Disposition Code: The intended use or disposal of the fish or shellfish.

[76 FR 40634, July 11, 2011, as amended at 81 FR 70607, Oct. 13, 2016]

TABLE 1c TO PART 679—PRODUCT TYPE CODES

Description Code

Ancillary product. A A product, such as meal, heads, internal organs, pectoral girdles, or any other product that may be made from the same fish as the primary product.

Primary product. P A product, such as fillets, made from each fish, with the highest recovery rate.

Reprocessed or rehandled product. R A product, such as meal, that results from processing a previously reported product or from rehandling a previously re- ported product.

[73 FR 76172, Dec. 15, 2008]

TABLE 2a TO PART 679—SPECIES CODES: FMP GROUNDFISH

Species description Code

Atka mackerel (greenling) ...... 193 Flatfish, miscellaneous (flatfish species without separate codes) ...... 120 FLOUNDER: Alaska plaice ...... 133 Arrowtooth ...... 121 Bering ...... 116 Kamchatka ...... 117 Starry ...... 129 Octopuses ...... 870 Pacific cod ...... 110 Pollock ...... 270 ROCKFISH: Aurora (Sebastes aurora) ...... 185 Black (BSAI) (S. melanops) ...... 142 Blackgill (S. melanostomus) ...... 177 Blue (BSAI) (S. mystinus) ...... 167 Bocaccio (S. paucispinis) ...... 137 Canary (S. pinniger) ...... 146 Chilipepper (S. goodei) ...... 178 China (S. nebulosus) ...... 149 Copper (S. caurinus) ...... 138 Darkblotched (S. crameri) ...... 159 Dusky (S. variabilis) ...... 172 Greenstriped (S. elongatus) ...... 135 Harlequin (S. variegatus) ...... 176 Northern (S. polyspinis) ...... 136 Pacific Ocean Perch (S. alutus) ...... 141 Pygmy (S. wilsoni) ...... 179 Quillback (S. maliger) ...... 147 Redbanded (S. babcocki) ...... 153 Redstripe (S. proriger) ...... 158 Rosethorn (S. helvomaculatus) ...... 150 Rougheye (S. aleutianus) ...... 151 Sharpchin (S. zacentrus) ...... 166 Shortbelly (S. jordani) ...... 181 Shortraker (S. borealis) ...... 152 Silvergray (S. brevispinis) ...... 157 Splitnose (S. diploproa) ...... 182 Stripetail (S. saxicola) ...... 183 Thornyhead (all Sebastolobus species) ...... 143 Tiger (S. nigrocinctus) ...... 148 Vermilion (S. miniatus) ...... 184

893

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Species description Code

Widow (S. entomelas) ...... 156 Yelloweye (S. ruberrimus) ...... 145 Yellowmouth (S. reedi) ...... 175 Yellowtail (S. flavidus) ...... 155 Sablefish (blackcod) ...... 710 Sculpins ...... 160 SHARKS: Other (if salmon, spiny dogfish or Pacific sleeper shark—use specific species code) ...... 689 Pacific sleeper ...... 692 Salmon ...... 690 Spiny dogfish ...... 691 SKATES: Alaska (Bathyraja parmifera) ...... 703 Aleutian (B. aleutica) ...... 704 Whiteblotched (B. maculate) ...... 705 Big (Raja binoculata) ...... 702 Longnose (R. rhina) ...... 701 Other (if Alaska, Aleutian, whiteblotched, big, or longnose skate—use specific species code) ...... 700 SOLE: Butter ...... 126 Dover ...... 124 English ...... 128 Flathead ...... 122 Petrale ...... 131 Rex ...... 125 Rock ...... 123 Sand ...... 132 Yellowfin ...... 127 Turbot, Greenland ...... 134

[83 FR 31465, July 6, 2018]

TABLE 2b TO PART 679—SPECIES CODES: FMP PROHIBITED SPECIES AND CR CRAB

Species Description Code CR Crab Groundfish PSC

CRAB

Box ...... Lopholithodes mandtii ...... 900 ✓

Dungeness ...... Cancer magister ...... 910 ✓

King, blue ...... Paralithodes platypus ...... 922 ✓ ✓

King, golden (brown) ...... Lithodes aequispinus ...... 923 ✓ ✓

King, red ...... Paralithodes camtshaticus ... 921 ✓ ✓

King, scarlet (deepsea) ...... Lithodes couesi ...... 924 ✓

Korean horsehair crab ...... Erimacrus isenbeckii ...... 940 ✓

Multispinus crab ...... Paralomis multispinus ...... 951 ✓

Tanner, Bairdi ...... Chionoecetes bairdi ...... 931 ✓ ✓

Tanner, grooved ...... Chionoecetes tanneri ...... 933 ✓

Tanner, snow ...... Chionoecetes opilio ...... 932 ✓ ✓

Tanner, triangle ...... Chionoecetes angulatus ...... 934 ✓

Verrilli crab ...... Paralomis verrilli ...... 953 ✓

PACIFIC HALIBUT Hippoglossus stenolepis ...... 200 ✓

PACIFIC HERRING Family Clupeidae ...... 235 ✓

SALMON

894

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Chinook (king) ...... Oncorhynchus tshawytscha 410 ✓

Chum (dog) ...... Oncorhynchus keta ...... 450 ✓

Coho (silver) ...... Oncorhynchus kisutch ...... 430 ✓

Pink (humpback) ...... Oncorhynchus gorbuscha .... 440 ✓

Sockeye (red) ...... Oncorhynchus nerka ...... 420 ✓

STEELHEAD TROUT Oncorhynchus mykiss ...... 540 ✓

[73 FR 76172, Dec. 15, 2008]

TABLE 2c TO PART 679—SPECIES CODES: FMP FORAGE FISH SPECIES (ALL SPECIES OF THE FOLLOWING FAMILIES), GRENADIER SPECIES, AND SQUIDS.

Species identification Code

FORAGE FISH: Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae) ...... 209 Capelin smelt (family Osmeridae) ...... 516 Deep-sea smelts (family Bathylagidae) ...... 773 Eulachon smelt (family Osmeridae) ...... 511 Gunnels (family Pholidae) ...... 207 Krill (order Euphausiacea) ...... 800 Lanternfishes (family Myctophidae) ...... 772 Pacific Sand fish (family Trichodontidae) ...... 206 Pacific Sand lance (family Ammodytidae) ...... 774 Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family Stichaeidae) ...... 208 Surf smelt (family Osmeridae) ...... 515 GRENADIERS: Giant Grenadiers (Albatrossia pectoralis) ...... 214 Other Grenadiers ...... 213 SQUID: Squids ...... 875

[83 FR 31466, July 6, 2018]

TABLE 2d TO PART 679—SPECIES CODES: NON-FMP SPECIES

Species description Code

GENERAL USE

Arctic char, anadromous ...... 521 Dolly varden, anadromous ...... 531 Eels or eel-like fish ...... 210 Eel, wolf ...... 217 GREENLING: Kelp ...... 194 Rock ...... 191 Whitespot ...... 192 Jellyfish (unspecified) ...... 625 Lamprey, pacific ...... 600 Lingcod ...... 130 Lumpsucker ...... 216 Pacific flatnose ...... 260 Pacific hagfish ...... 212 Pacific hake ...... 112 Pacific lamprey ...... 600 Pacific saury ...... 220 Pacific tomcod ...... 250 Poacher (Family Algonidae) ...... 219 Prowfish ...... 215 Ratfish ...... 714 Rockfish, black (GOA) ...... 142 Rockfish, blue (GOA) ...... 167 Rockfish, dark ...... 173 Sardine, Pacific (pilchard) ...... 170 Sea cucumber, red ...... 895 Shad ...... 180 Skilfish ...... 715 Snailfish, general (genus Liparis and genus Careproctus) ...... 218

895

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Species description Code

Sturgeon, general ...... 680 Wrymouths ...... 211 Shellfish: Abalone, northern (pinto) ...... 860 Clams: Arctic surf ...... 812 Cockle ...... 820 Eastern softshell ...... 842 Pacific geoduck ...... 815 Pacific littleneck ...... 840 Pacific razor ...... 830 Washington butter ...... 810 Coral ...... 899 Mussel, blue ...... 855 Oyster, Pacific ...... 880 Scallop, weathervane ...... 850 Scallop, pink (or calico) ...... 851 SHRIMP: Coonstripe ...... 864 Humpy ...... 963 Northern (pink) ...... 961 Sidestripe ...... 962 Spot ...... 965 Snails ...... 890 Urchin, green sea ...... 893 Urchin, red sea ...... 892

[80 FR 11909, Mar. 5, 2015]

896

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TABLE 3 TO PART 679—PRODUCT RECOVERY RATES FOR GROUNDFISH SPECIES AND CONVERSION RATES FOR PACIFIC HALIBUT

897

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898

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[80 FR 11910, Mar. 5, 2015]

899

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TABLE 4 TO PART 679—STELLER SEA LION PROTECTION AREAS POLLOCK FISHERIES RESTRICTIONS

900

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901

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902

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903

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904

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905

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906

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907

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908

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[79 FR 70312, Nov. 25, 2014]

909

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TABLE 5 TO PART 679—STELLER SEA LION PROTECTION AREAS PACIFIC COD FISHERIES RESTRICTIONS

910

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911

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912

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913

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914

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920

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[79 FR 70322, Nov. 25, 2014]

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TABLE 6 TO PART 679—STELLER SEA LION PROTECTION AREAS ATKA MACKEREL FISHERIES RESTRICTIONS

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[79 FR 70334, Nov. 25, 2014]

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TABLE 7 TO PART 679—COMMUNITY DE- Teller VELOPMENT QUOTA GROUPS AND Unalakleet COMMUNITIES ELIGIBLE TO PARTICI- Wales White Mountain PATE IN THE CDQ PROGRAM Yukon Delta Fisheries Development Association: Alakanuk Aleutian Pribilof Island Community Development As- Emmonak sociation: Grayling Akutan Kotlik Atka Mountain Village False Pass Nunam Iqua Nelson Lagoon Nikolski Saint George [77 FR 6502, Feb. 8, 2012] Bristol Bay Economic Development Corporation: Aleknagik TABLE 8 TO PART 679—HARVEST ZONE Clark’s Point CODES FOR USE WITH VESSEL ACTIV- Dillingham ITY REPORTS Egegik Ekuk Harvest Description Ekwok Zone King Salmon/Savonoski A1 BSAI EEZ off Alaska Levelock A2 GOA EEZ off Alaska Manokotak B State waters of Alaska Naknek C State waters other than Alaska Pilot Point D Donut Hole Port Heiden F Foreign Waters Other than Russia Portage Creek I International Waters other than Donut Hole and Seamounts South Naknek R Russian waters Togiak S Seamounts in International waters Twin Hills U U.S. EEZ other than Alaska Ugashik Central Bering Sea Fishermen’s Association: Saint Paul [67 FR 4137, Jan. 28, 2002] Coastal Villages Region Fund: Chefornak TABLE 9 TO PART 679—GROUNDFISH LLP Chevak LICENSES ELIGIBLE FOR USE IN THE Eek BSAI LONGLINE CATCHER/PROC- Goodnews Bay ESSOR SUBSECTOR, COLUMN A. X IN- Hooper Bay DICATES WHETHER COLUMN B OR Kipnuk COLUMN C APPLIES. Kongiganak Kwigillingok Column A Column B Column C Mekoryuk Is eligible to re- Napakiak Is eligible under 50 CFR quest that NMFS Napaskiak The Holder of 679.4(k)(3)(i)(D)(1) permanently as- Newtok sign a 220-foot Groundfish License to be assigned a (67 m) MLOA on Nightmute Number . . . 220-foot (67 m) MLOA on that LLP that LLP License Oscarville license under 50 CFR Platinum 679.4(k)(3)(i)(D)(2) Quinhagak LLG 4508 ...... X Scammon Bay LLG 1785 ...... X Toksook Bay LLG 3681 ...... X Tuntutuliak LLG 3676 ...... X Tununak LLG 3609 ...... X Norton Sound Economic Development Corporation: LLG 1400 ...... X Brevig Mission LLG 1401 ...... X LLG 3617 ...... X Diomede LLG 1916 ...... X Elim LLG 1917 ...... X Gambell LLG 1989 ...... X Golovin LLG 1127 ...... X Koyuk LLG 1128 ...... X Nome LLG 1125 ...... X LLG 4823 ...... X Saint Michael LLG 2783 ...... X Savoonga LLG 1988 ...... X Shaktoolik LLG 2238 ...... X Stebbins LLG 2958 ...... X

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Column A Column B Column C Column A Column B Column C Is eligible to re- Is eligible to re- Is eligible under quest that NMFS Is eligible under quest that NMFS 50 CFR permanently as- 50 CFR permanently as- The Holder of 679.4(k)(3)(i)(D)(1) sign a 220-foot The Holder of 679.4(k)(3)(i)(D)(1) sign a 220-foot Groundfish License to be assigned a (67 m) MLOA on Groundfish License to be assigned a (67 m) MLOA on Number . . . 220-foot (67 m) that LLP License Number . . . 220-foot (67 m) that LLP License MLOA on that LLP under 50 CFR MLOA on that LLP under 50 CFR license 679.4(k)(3)(i)(D)(2) license 679.4(k)(3)(i)(D)(2)

LLG 3973 ...... X LLG 3847 ...... X LLG 3637 ...... X LLG 3602 ...... X LLG 2421 ...... X LLG 2081 ...... X LLG 1713 ...... X LLG 4008 ...... X LLG 3616 ...... X LLG 3090 ...... X LLG 2892 ...... X LLG 1576 ...... X LLG 2112 ...... X LLG 2959 ...... X LLG 5222 ...... X LLG 1578 ...... X LLG 2026 ...... X [78 FR 607, Jan. 6, 2014]

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TABLE 10 TO PART 679—GULF OF ALASKA RETAINABLE PERCENTAGES

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[83 FR 31466, July 6, 2018]

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TABLE 11 TO PART 679—BSAI RETAINABLE PERCENTAGES

[83 FR 31469, July 6, 2018]

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TABLE 12 TO PART 679—STELLER SEA LION PROTECTION AREAS, 3NM NO GROUNDFISH FISHING SITES

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[75 FR 81922, Dec. 29, 2010]

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TABLE 13 TO PART 679—TRANSFER FORM SUMMARY

Dockside And has . . . Fish And is involved in this Trans- Departure Landing If participant type is . . . VAR 1 PTR 2 sales product onboard activity ship 3 report 4 receipt 6 receipt 5

Catcher vessel Only non-IFQ Vessel leaving or X greater than 60 ft groundfish. entering Alaska. LOA, mothership, or catcher/proc- essor. Catcher vessel Only IFQ sablefish, Vessel leaving Alas- ...... X greater than 60 ft IFQ halibut, CDQ ka. LOA, mothership, halibut, or CR or catcher/proc- crab. essor. Catcher vessel Combination of IFQ Vessel leaving Alas- X ...... X greater than 60 ft sablefish, IFQ ka. LOA, mothership, halibut, CDQ hal- or catcher/proc- ibut, or CR crab essor. and non-IFQ groundfish. Mothership, catcher/ Non-IFQ groundfish Shipment of ground- ...... X processor, shore- fish product. side processor, or SFP. Mothership, catcher/ Donated PSC ...... Shipment of donated ...... X processor, shore- PSC. side processor, or SFP. Registered Buyer ..... IFQ sablefish, IFQ Transfer of product ...... X halibut, or CDQ halibut. A person holding a IFQ sablefish, IFQ Transfer of product ...... XXX valid IFQ permit, halibut, or CDQ IFQ hired master halibut. permit, or Reg- istered Buyer per- mit. Registered Buyer ..... IFQ sablefish, IFQ Transfer from land- ...... XX halibut, or CDQ ing site to Reg- halibut. istered Buyer’s processing facility. Vessel operator ...... Processed IFQ sa- Transshipment be- ...... XXXX blefish, IFQ hal- tween vessels. ibut, CDQ hal- ibut, or CR crab. Registered Crab Re- CR crab ...... Transfer of product ...... X ceiver. Registered Crab Re- CR crab ...... Transfer from land- ...... XX ceiver. ing site to RCR’s processing facility. 1 A vessel activity report (VAR) is described at § 679.5(k). 2 A product transfer report (PTR) is described at § 679.5(g). 3 An IFQ transshipment authorization is described at § 679.5(l)(3). 4 An IFQ departure report is described at § 679.5(l)(4). 5 An IFQ dockside sales receipt is described at § 679.5(g)(2)(iv). 6 A landing receipt is described at § 679.5(e)(8)(vii). X indicates under what circumstances each report is submitted. XX indicates that the document must accompany the transfer of IFQ species from landing site to processor. XXX indicates receipt must be issued to each receiver in a dockside sale. XXXX indicates authorization must be obtained 24 hours in advance.

[81 FR 70606, Oct. 13, 2016]

TABLE 14a TO PART 679—PORT OF Port Name NMFS Code ADF&G Code LANDING CODES 1, ALASKA Alitak 103 ALI

Port Name NMFS Code ADF&G Code Anchorage 105 ANC

Adak 186 ADA Angoon 106 ANG

Akutan, Akutan 101 AKU Aniak 300 ANI Bay Anvik 301 ANV

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Port Name NMFS Code ADF&G Code Port Name NMFS Code ADF&G Code

Atka 107 ATK Kipnuk 144 KIP

Auke Bay 136 JNU Klawock 145 KLA

Beaver Inlet 119 DUT Kodiak 146 KOD

Bethel 302 BET Kotzebue 311 KOT

Captains Bay 119 DUT Larsen Bay 327 LRB

Chefornak 189 CHF Mekoryuk 147 MEK

Chignik 113 CHG Metlakatla 148 MET

Cordova 115 COR Moser Bay 312 MOS

Craig 116 CRG Naknek 149 NAK

Dillingham 117 DIL Nenana 313 NEN

Douglas 136 JNU Nikiski (or 150 NIK Nikishka) Dutch Harbor/Un- 119 DUT alaska Ninilchik 151 NIN

Egegik 122 EGE Nome 152 NOM

Ekuk 303 EKU Nunivak Island 314 NUN

Elfin Cove 123 ELF Old Harbor 153 OLD

Emmonak 304 EMM Other Alaska 1 499 OAK

Excursion Inlet 124 XIP Pelican 155 PEL

False Pass 125 FSP Petersburg 156 PBG

Fairbanks 305 FBK Port Alexander 158 PAL

Galena 306 GAL Port Armstrong 315 PTA

Glacier Bay 307 GLB Port Bailey 159 PTB

Glennallen 308 GLN Port Graham 160 GRM

Gustavus 127 GUS Port Lions 316 LIO

Haines 128 HNS Port Moller 317 MOL

Homer 132 HOM Port Protection 161 PRO

Hoonah 133 HNH Quinhagak 187 QUK

Hydaburg 309 HYD Sand Point 164 SPT

Hyder 134 HDR Savoonga 165 SAV

Juneau 136 JNU Selawik 326 SWK

Kake 137 KAK Seldovia 166 SEL

Kaltag 310 KAL Seward 167 SEW

Kasilof 138 KAS Sitka 168 SIT

Kenai 139 KEN Skagway 169 SKG

Kenai River 139 KEN Soldotna 318 SOL

Ketchikan 141 KTN St. George 170 STG

King Cove 142 KCO St. Mary 319 STM

King Salmon 143 KNG St. Paul 172 STP

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Port Name NMFS Code ADF&G Code Port Name NMFS Code ADF&G Code

Tee Harbor 136 JNU Valdez 181 VAL

Tenakee Springs 174 TEN Wasilla 322 WAS

Togiak 176 TOG Whittier 183 WHT

Toksook Bay 177 TOB Wrangell 184 WRN Yakutat 185 YAK Tununak 178 TUN 1 To report a landing at an Alaska location not currently as- Ugashik 320 UGA signed a location code number, use ‘‘Other Alaska’’ code ‘‘499’’ or ‘‘OAK.’’ Unalakleet 321 UNA [73 FR 76186, Dec. 15, 2008]

TABLE 14b TO PART 679—PORT OF LANDING CODES: NON-ALASKA (California, Canada, Oregon, and Washington)

Port State or Country Port Name NMFS Code ADF&G Code

CALIFORNIA Eureka 500 EUR

Other California 1 599 OCA

CANADA Other Canada 1 899 OCN

Port Edward, B.C. 802 PRU

Prince Rupert, B.C. 802 PRU

Vancouver, B.C. 803 VAN

OREGON Astoria 600 AST

Newport 603 NPT

Other Oregon 1 699 OOR

Portland 323 POR

Warrenton 604 WAR

WASHINGTON Anacortes 700 ANA

Bellingham 702 BEL

Blaine 717 BLA

Everett 704 EVT

La Conner 708 LAC

Olympia 324 OLY

Other Washington 1 799 OWA

Seattle 715 SEA

Tacoma 325 TAC 1 To report a landing at a location not currently assigned a location code number, use the code for ‘‘Other California’’, ‘‘Other Oregon’’, ‘‘Other Washington’’, or ‘‘Other Canada’’ at which the landing occurs.

[73 FR 76186, Dec. 15, 2008]

TABLE 14c TO PART 679—AT-SEA OPERATION TYPE CODES TO BE USED AS PORT CODES FOR VESSELS MATCHING THIS TYPE OF OPERATION

Description of code Code NMFS Alaska region ADF&G

FCP ...... Catcher/processor ...... Floating catcher processor.

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Description of code Code NMFS Alaska region ADF&G

FLD ...... Mothership ...... Floating domestic mothership. IFP ...... Stationary Floating Processor ...... Inshore floating processor—processing in State of Alaska waters only.

[70 FR 10238, Mar. 2, 2005]

TABLE 15 TO PART 679—GEAR CODES, DESCRIPTIONS, AND USE

GEAR CODES, DESCRIPTIONS, AND USE (X indicates where this code is used)

Use alphabetic code to complete the following: Use numeric code to complete the following: Name of gear Electronic Alpha gear NMFS logbooks check-in/ Numeric IERS eLandings ADF&G COAR code check-out gear code

NMFS AND ADF&G GEAR CODES

Hook-and-line HAL X X 61 X X

Jig, mechanical JIG X X 26 X X

Pot (includes POT X X 91 X X longline pot and pot-and-line)

Trawl, nonpelagic/ NPT X X 07 X X bottom

Trawl, pelagic/ PTR X X 47 X X midwater

Troll, dinglebar TROLL X X 25 X X

Troll, hand TROLL X X 05 X X

Troll, power gurdy TROLL X X 15 X X

All other gear types OTH X X

ADF&G GEAR CODES

Diving 11 X X

Dredge 22 X X

Dredge, hydro/me- 23 X X chanical

Fish ladder/race- 77 X X way

Fish wheel 08 X X

Gillnet, drift 03 X X

Gillnet, herring 34 X X

Gillnet, set 04 X X

Gillnet, sunken 41 X X

Handpicked 12 X X

Net, dip 13 X X

Net, ring 10 X X

Other/specify 99 X X

Pound 21 X X

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GEAR CODES, DESCRIPTIONS, AND USE—Continued (X indicates where this code is used)

Use alphabetic code to complete the following: Use numeric code to complete the following: Name of gear Electronic Alpha gear NMFS logbooks check-in/ Numeric IERS eLandings ADF&G COAR code check-out gear code

Seine, purse 01 X X

Seine, beach 02 X X

Shovel 18 X X

Trap 90 X X

Trawl, beam 17 X X

Trawl, double otter 27 X

Trawl, pair 37 X X

Weir 14 X X

FIXED GEAR

Authorized gear for All longline gear (hook-and-line, jig, troll, and handline) and longline pot gear. For purposes of deter- sablefish harvested mining initial IFQ allocation, all pot gear used to make a legal landing. from any GOA re- porting area

Authorized gear for All hook-and-line gear and all pot gear. sablefish harvested from any BSAI re- porting area

Authorized gear for All fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and halibut harvested anchored lines with hooks attached and longline pot gear. from any IFQ regu- latory area in the GOA Authorized gear for All fishing gear composed of lines with hooks attached, including one or more stationary, buoyed, and halibut harvested anchored lines with hooks attached. from any IFQ regu- latory area in the BSAI

[73 FR 76187, Dec. 15, 2008, as amended at 81 FR 95457, Dec. 28, 2016]

TABLE 16 TO PART 679—AREA CODES AND DESCRIPTIONS FOR USE WITH STATE OF ALASKA ADF&G COMMERCIAL OPERATOR’S ANNUAL REPORT (COAR)

ADF&G Fisheries Area Description COAR: Name (Code) Species Manage- in ADF&G ment Areas Regulations

Alaska Peninsula King Crab: ...... M 5 AAC 34.500 South Peninsula (MS) AK Peninsula/Aleutian Islands Salmon ...... M 5 AAC 12.100 North Peninsula (MN) M (Aleutians) 5 AAC 09.100 (AK Peninsula) Herring ...... M 5 AAC 27.600 Bering Sea: Bering Sea King Crab ...... Q 5 AAC 34.900 Pribilof Island (Q1) Bering Sea/Kotzebue Herring ...... Q 5 AAC 27.900 St. Matthew Island Q2) St. Lawrence Island (Q4) Bristol Bay (T) King Crab ...... T 5 AAC 34.800 Salmon ...... T 5 AAC 06.100 Herring ...... T 5 AAC 27.800 Chignik (L) Groundfish ...... L 5 AAC 28.500 Herring ...... L 5 AAC 27.550 Salmon ...... L 5 AAC 15.100

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ADF&G Fisheries Area Description COAR: Name (Code) Species Manage- in ADF&G ment Areas Regulations

Cook Inlet: Groundfish ...... H 5 AAC 28.300 Lower Cook Inlet (HL) Herring ...... H 5 AA 27.400 Upper Cook Inlet (HU) Cook Inlet Shrimp ...... H 5 AAC 31.300 Outer Cook Inlet Shrimp ...... H 5 AA 31.400 Dungeness Crab ...... H 5 AA 32.300 King Crab ...... H 5 AA 34.300 Tanner Crab ...... H 5 AA 35.400 Miscellaneous Shellfish ...... H 5 AA 38.300 Salmon ...... H 5 AA 21.100 Dutch Harbor (O) Aleutian Islands King Crab ...... O 5 AA 34.600 EEZ (Federal waters of BSAI (FB) Groundfish ...... n/a n/a GOA (FG) Atka-Amlia Islands Salmon ...... n/a 5 AAC 11.1010 Kodiak (western GOA) (K) Groundfish ...... K 5 AAC 28.400 Herring ...... K 5 AAC 27.500 King Crab ...... K 5 AAC 34.400 Salmon ...... K 5 AAC 18.100 Shrimp ...... J 5 AAC 31.500 Dungeness Crab ...... J 5 AAC 32.400 Tanner Crab ...... J 5 AAC 35.500 Miscellaneous Shellfish ...... J 5 AAC 38.400 Kotzebue (X) Salmon ...... X 5 AAC 03.100 Kuskokwim: Salmon ...... W 5 AAC 07.100 Kuskokwim River/Bay (W1) Herring ...... W 5AAC 27.870 Security Cove (W2) Goodnews Bay (W3) Nelson Island (W4) Ninivak Island (W5) Cape Avinof (W6) Norton Sound (Z) Norton Sound-Port Clarence Salmon ...... Z 5 AAC 04.100 Norton Sound-Port Clarence King Crab ...... Prince William Sound (E) Groundfish ...... E 5 AAC 28.200 Herring ...... E 5 AAC 27.300 Shrimp ...... E 5 AAC 31.200 Dungeness Crab ...... E 5 AAC 32.200 King Crab ...... E 5 AAC 34.200 Tanner Crab ...... E 5 AAC 35.300 Miscellaneous Shellfish ...... E 5 AAC 38.200 Salmon ...... E 5 AAC 24.100 Southeast: Groundfish ...... A 5 AAC 28.100 Juneau/Haines (A1) Southeast (w/o Yakutat) Herring ...... A 5 AAC 27.100 Yakutat (A2) Yakutat Herring ...... D 5 AAC 27.200 Ketchikan/Craig (B) Southeast (w/o Yakutat) Shrimp ...... A 5 AAC 31.100 Petersburg/Wrangell (C) Yakutat Shrimp ...... D 5 AAC 31.150 Sitka/Pelican (D) Southeast (w/o Yakutat) Dungeness Crab ...... A 5 AAC 32.100 Yakutat Dungeness Crab ...... D 5 AAC 32.155 Southeast (w/o Yakutat) Dungeness, King Crab ...... A 5 AAC 34.100 Yakutat King Crab ...... D 5 AAC 34.160 Southeast (w/o Yakutat) Tanner Crab ...... A 5 AAC 35.100 Yakutat Tanner Crab ...... D 5 AAC 35.160 Southeast (w/o Yakutat) Miscellaneous Shellfish ...... A 5 AAC 38.100 Yakutat Miscellaneous Shellfish ...... D 5 AAC 38.160 Southeast (w/o Yakutat) Salmon ...... A 5 AAC 33.100 Yakutat Salmon ...... D 5 AAC 29.010 5 AAC 30.100 Yukon River: Yukon-Northern Salmon ...... Y 5 AAC 05.100 Lower Yukon (YL) Upper Yukon ()

[66 FR 55126, Nov. 1, 2001]

TABLE 17 TO PART 679—PROCESS CODES FOR USE WITH STATE OF ALASKA COMMERCIAL OPERATOR’S ANNUAL REPORT (COAR)

Codes Process Codes and Description

Prefix Codes 1–Fresh 2–Frozen 3–Salted/brined 4–Smoked 5–Canned

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Codes Process Codes and Description

6–Cooked 7–Live 8–Dry 9–Pickled 11–Minced Suffix Codes 0–General 1–Canned Conv. 2–Canned smoked 8–Vacuum packed B-Block I-Individual quick frozen (IQF) pack S-Shatter pack

[66 FR 43527, Aug. 20, 2001]

TABLE 18 TO PART 679—REQUIRED BUYING AND PRODUCTION FORMS FOR USE WITH STATE OF ALASKA COMMERCIAL OPERATOR’S ANNUAL REPORT (COAR)

Fishery Form Number and Name

Salmon Salmon Buying (A)(1) Seine gear (A)(1) Gillnet gear (A)(2) Troll gear (A)(2) Hatchery (A)(3) Miscellaneous gear King Salmon Production (B)(1) Production (B)(1) Canned Production Sockeye Salmon Production: (B)(2)(i) Production (B)(2)(ii) Canned Production Coho Salmon Production (B)(3)(i) Production (B)(3)(ii) Canned Production Pink Salmon Production (B)(4)(i) Production (B)(4)(ii) Canned Production Chum Salmon Production (B)(5)(i) Production (B)(5)(ii) Canned Production Salmon Roe & Byproduct Production (B)(6)(i) Roe (B)(6)(ii) Byproduct Production Herring Herring Buying (C)(1)(i) Seine gear (C)(1)(ii) Gillnet gear (C)(2)(i) Gillnet gear (C)(2)(ii) Pound gear (C)(2)(iii) Hand-pick gear Herring Production (D)(1)(i) Production (D)(1)(ii) Byproduct Production Crab (E)Crab Buying (F) Crab Production Shrimp/Miscellaneous Shellfish (G)Shrimp/Misc.Shellfish Buying (G)(1)(i) Trawl gear (G)(1)(ii) Pot gear (G)(1)(iii) Diving/picked gear (G)(1)(iv) Other gear (specify) (H) Shrimp/Misc. Shellfish/Finfish Production Groundfish (I)(1) Groundfish Buying (I)(2) Groundfish Buying (J)(1) Groundfish Production (J)(2) Groundfish Production Halibut (K) Halibut Buying & Production Custom Production Custom Production (L)(1) Associated Processors (L)(1)(i) Custom Fresh/Frozen (L)(1)(ii) Misc. production (L)(1)(iii) Custom Canned Production (L)(2) (additional sheet)

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Fishery Form Number and Name

PRICES NOT FINAL (M)(1) Fish Buying Retro Payments (M)(2) Post-season Adjustments

[66 FR 55128, Nov. 1, 2001]

TABLE 19 TO PART 679—SEABIRD AVOIDANCE GEAR CODES

VESSEL LOGBOOK CODE SEABIRD AVOIDANCE GEAR OR METHOD.

1 Paired Streamer Lines: Used during deployment of hook-and-line gear to prevent birds from taking hooks. Two streamer lines used, one on each side of the main groundline. Each streamer line consists of three components: a length of line, streamers attached along a portion of the length and one or more float devices at the terminal end. See performance and material standards at § 679.24(e)(4)(iii).

2 Single Streamer Line: Used during deployment of hook-and-line gear to prevent birds from taking hooks. The streamer line consists of three components: a length of line, streamers attached along a portion of the length and one or more float devices at the terminal end. See performance and material standards at § 679.24(e)(4)(ii).

3 Single Streamer Line, used with Snap Gear: Used during the deployment of snap gear to prevent birds from taking hooks. The streamer line consists of three components: a length of line, streamers attached along a portion of the length and one or more float devices at the terminal end. See performance and material standards at § 679.24(e)(4)(iv).

4 Buoy Bag Line: Used during the deployment of hook-and-line gear to prevent birds from taking hooks. A buoy bag line consists of two components: a length of line (without streamers attached) and one or more float devices at the terminal end. See performance and material standards at § 679.24(e)(4)(i).

Other Device used in conjunction with Single Streamer Line or Buoy Bag Line

5 Add weights to groundline: Applying weights to the groundline for the purpose of sinking the hook-and-line gear more quickly and preventing seabirds from accessing the baited hooks.

6 Additional Buoy Bag Line or Single Streamer Line: Using a second buoy bag line or streamer line for the purpose of enhancing the effectiveness of these deterrent devices at preventing seabirds from accessing baited hooks.

7 Strategic Offal Discharge: Discharging fish, fish parts (i.e., offal) or spent bait for the purpose of distracting seabirds away from the main groundline while setting gear.

Additional Device Used

8 Night Fishing: Setting hook-and-line gear during dark (night time hours).

Line Shooter: A hydraulic device designed to deploy hook-and-line gear at a speed slightly faster than the vessel’s speed during setting.

Lining Tube: A device used to deploy hook-and-line gear through an underwater-setting device.

Other (Describe)

9 No Deterrent Used Due to Weather. [See weather exceptions at § 679.24(e)(4)(i), (e)(4)(ii)(B), (e)(4)(iii)(B), (e)(4)(iv)(B), and (e)(4)(v).]

0 No Deterrent Used.

[74 FR 13358, Mar. 27, 2009]

TABLE 20 TO PART 679—SEABIRD AVOIDANCE GEAR REQUIREMENTS FOR VESSELS, BASED ON AREA, GEAR, AND VESSEL TYPE. (SEE § 679.24(e) FOR COMPLETE SEABIRD AVOIDANCE PROGRAM REQUIREMENTS; SEE 679.24(e)(1) FOR APPLICABLE FISHERIES)

If you operate a vessel deploying hook-and-line gear, then you must use this seabird avoidance gear in con- other than snap gear, in waters specified at junction with requirements at § 679.24(e)... § 679.24(e)(3), and your vessel is...

>26 ft to 55 ft LOA and without masts, poles, or rigging minimum of one buoy bag line

>26 ft to 55 ft LOA and with masts, poles, or rigging minimum of a single streamer line of a standard specified at § 679.24(e)(4)(ii)

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>55 ft LOA minimum of paired streamer lines of a standard specified at § 679.24(e)(4)(iii)

If you operate a vessel deploying hook-and-line gear and then you must use this seabird avoidance gear in con- use snap gear in waters specified at § 679.24(e)(3), and junction with requirements at § 679.24(e)... your vessel is...

>26 ft to 55 ft LOA and without masts, poles, or rigging minimum of one buoy bag line

>26 ft to 55 ft LOA and with masts, poles, or rigging minimum of a single streamer line of a standard specified at § 679.24(e)(4)(iv)

>55 ft LOA minimum of a single streamer line of a standard specified at § 679.24(e)(4)(iv)

If you operate any of the following hook-and-line ves- then... sels...

<32 ft LOA in the State waters of IPHC Area 4E you are exempt from seabird avoidance measures.

in NMFS Reporting Area 649 (Prince William Sound)

in State waters of Cook Inlet

in NMFS Reporting Area 659 (Eastern GOA Regulatory Area, Southeast Inside District), but not including waters in the areas south of a straight line at 56°17.25 N. lat. between Point Harris and Port Armstrong in Chatham Strait, State statistical areas 325431 and 325401, and west of a straight line at 136°21.17 E. long. from Point Wimbledon extending south through the Inian Islands to Point Lavinia

≤55 ft LOA in IPHC Area 4E but not including waters south of 60°00.00 N. lat. and west of 160°00.00 W. long.

[74 FR 13358, Mar. 27, 2009]

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TABLE 21 TO PART 679—ELIGIBLE COMMUNITIES, HALIBUT IFQ REGULATORY AREA LOCATION, COMMUNITY GOVERNING BODY THAT RECOMMENDS THE CQE, AND THE FISHING PROGRAMS AND ASSOCIATED AREAS WHERE A CQE REPRESENTING AN ELIGIBLE COMMUNITY MAY BE PERMITTED TO PARTICIPATE

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[79 FR 66332, Nov. 7, 2014]

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TABLE 22 TO PART 679— ALASKA SEAMOUNT HABITAT PROTECTION AREAS

Area No. Name Latitude Longitude

1 ...... Dickins Seamount ...... 54 39.00 N 136 48.00 W 54 39.00 N 137 9.00 W 54 27.00 N 137 9.00 W 54 27.00 N 136 48.00 W

2 ...... Denson Seamount ...... 54 13.20 N 137 6.00 W 54 13.20 N 137 36.00 W 53 57.00 N 137 36.00 W 53 57.00 N 137 6.00 W

3 ...... Brown Seamount ...... 55 0.00 N 138 24.00 W 55 0.00 N 138 48.00 W 54 48.00 N 138 48.00 W 54 48.00 N 138 24.00 W

4 ...... Welker Seamount ...... 55 13.80 N 140 9.60 W 55 13.80 N 140 33.00 W 55 1.80 N 140 33.00 W 55 1.80 N 140 9.60 W

5 ...... Dall Seamount ...... 58 18.00 N 144 54.00 W 58 18.00 N 145 48.00 W 57 45.00 N 145 48.00 W 57 45.00 N 144 54.00 W

6 ...... Quinn Seamount ...... 56 27.00 N 145 0.00 W 56 27.00 N 145 24.00 W 56 12.00 N 145 24.00 W 56 12.00 N 145 0.00 W

7 ...... Giacomini Seamount ...... 56 37.20 N 146 7.20 W 56 37.20 N 146 31.80 W 56 25.20 N 146 31.80 W 56 25.20 N 146 7.20 W

8 ...... Kodiak Seamount ...... 57 0.00 N 149 6.00 W 57 0.00 N 149 30.00 W 56 48.00 N 149 30.00 W 56 48.00 N 149 6.00 W

9 ...... Odessey Seamount ...... 54 42.00 N 149 30.00 W 54 42.00 N 150 0.00 W 54 30.00 N 150 0.00 W 54 30.00 N 149 30.00 W

10 ...... Patton Seamount ...... 54 43.20 N 150 18.00 W 54 43.20 N 150 36.00 W 54 34.20 N 150 36.00 W 54 34.20 N 150 18.00 W

11 ...... Chirikof & Marchand Seamounts ...... 55 6.00 N 151 0.00 W 55 6.00 N 153 42.00 W 54 42.00 N 153 42.00 W 54 42.00 N 151 0.00 W

12 ...... Sirius Seamount ...... 52 6.00 N 160 36.00 W 52 6.00 N 161 6.00 W 51 57.00 N 161 6.00 W 51 57.00 N 160 36.00 W

13 ...... Derickson Seamount ...... 53 0.00 N 161 0.00 W 53 0.00 N 161 30.00 W 52 48.00 N 161 30.00 W 52 48.00 N 161 0.00 W

14 ...... Unimak Seamount ...... 53 48.00 N 162 18.00 W 53 48.00 N 162 42.00 W 53 39.00 N 162 42.00 W 53 39.00 N 162 18.00 W

15 ...... Bowers Seamount ...... 54 9.00 N 174 52.20 E 54 9.00 N 174 42.00 E 54 4.20 N 174 42.00 E

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Area No. Name Latitude Longitude

54 4.20 N 174 52.20 E

NOTE: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North Amer- ican Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 23 TO PART 679—ALEUTIAN ISLANDS CORAL HABITAT PROTECTION AREAS

Area No. Name Latitude Longitude

1 ...... Great Sitkin I ...... 52 9.56 N 176 6.14 W 52 9.56 N 176 12.44 W 52 4.69 N 176 12.44 W 52 6.59 N 176 6.12 W

2 ...... Cape Moffett I ...... 52 0.11 N 176 46.65 W 52 0.10 N 176 53.00 W 51 55.69 N 176 53.00 W 51 55.69 N 176 48.59 W 51 57.96 N 176 46.52 W

3 ...... Adak Canyon ...... 51 39.00 N 177 0.00 W 51 39.00 N 177 3.00 W 51 30.00 N 177 3.00 W 51 30.00 N 177 0.00 W

4 ...... Bobrof I ...... 51 57.35 N 177 19.94 W 51 57.36 N 177 29.11 W 51 51.65 N 177 29.11 W 51 51.71 N 177 19.93 W

5 ...... Ulak I ...... 51 25.85 N 178 59.00 W 51 25.69 N 179 6.00 W 51 22.28 N 179 6.00 W 51 22.28 N 178 58.95 W

6 ...... Semisopochnoi I ...... 51 53.10 N 179 53.11 E 51 53.10 N 179 46.55 E 51 48.84 N 179 46.55 E 51 48.89 N 179 53.11 E

NOTE: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North Amer- ican Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

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TABLE 24 TO PART 679—EXCEPT AS NOTED, LOCATIONS IN THE ALEUTIAN ISLANDS HABITAT CONSERVATION AREA OPEN TO NONPELAGIC TRAWL FISHING

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[73 FR9037, Feb. 19, 2008]

TABLE 25 TO PART 679—BOWERS RIDGE HABITAT CONSERVATION ZONE

Area number Name Latitude Longitude

1 ...... Bowers Ridge ...... 55 10.50 N 178 27.25 E 54 54.50 N 177 55.75 E 54 5.83 N 179 20.75 E 52 40.50 N 179 55.00 W 52 44.50 N 179 26.50 W 54 15.50 N 179 54.00 W

2 ...... Ulm Plateau ...... 55 5.00 N 177 15.00 E 55 5.00 N 175 60.00 E 54 34.00 N 175 60.00 E 54 34.00 N 177 15.00 E Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North Amer- ican Datum 1983, Albers.

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[71 FR 36703, June 28, 2006]

TABLE 26 TO PART 679—GULF OF ALASKA CORAL HABITAT PROTECTION AREAS

Area number Name Latitude Longitude

1 ...... Cape Ommaney 1 ...... 56 10.85 N 135 5.83 W 56 11.18 N 135 7.17 W 56 9.53 N 135 7.68 W 56 9.52 N 135 7.20 W

2 ...... Fairweather FS2 ...... 58 15.00 N 138 52.58 W 58 15.00 N 138 54.08 W 58 13.92 N 138 54.08 W 58 13.92 N 138 52.58 W

3 ...... Fairweather FS1 ...... 58 16.00 N 138 59.25 W 58 16.00 N 139 9.75 W 58 13.17 N 138 59.25 W

4 ...... Fairweather FN2 ...... 58 24.10 N 139 14.58 W 58 24.10 N 139 18.50 W 58 22.55 N 139 18.50 W 58 22.55 N 139 14.58 W

5 ...... Fairweather FN1 ...... 58 27.42 N 139 17.75 W 58 27.42 N 139 19.08 W 58 26.32 N 139 19.08 W 58 26.32 N 139 17.75 W Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North Amer- ican Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 27 TO PART 679—GULF OF ALASKA SLOPE HABITAT CONSERVATION AREAS

Area number Name Latitude Longitude

1 ...... Yakutat ...... 58 47.00 N 139 55.00 W 58 47.00 N 140 32.00 W 58 37.00 N 140 32.00 W 58 36.97 N 139 54.99 W

2 ...... Cape Suckling ...... 59 50.00 N 143 20.00 W 59 50.00 N 143 30.00 W 59 40.00 N 143 30.00 W 59 40.00 N 143 20.00 W

3 ...... Kayak I...... 59 35.00 N 144 0.00 W 59 40.00 N 144 25.00 W 59 30.00 N 144 50.00 W 59 25.00 N 144 50.00 W 59 25.00 N 144 2.00 W

4 ...... Middleton I. east ...... 59 32.31 N 145 29.09 W 59 32.13 N 145 51.14 W 59 20.00 N 145 51.00 W 59 18.85 N 145 29.39 W

5 ...... Middleton I. west ...... 59 14.64 N 146 29.63 W 59 15.00 N 147 0.00 W 59 10.00 N 147 0.00 W 59 8.74 N 146 30.16 W

6 ...... Cable ...... 58 40.00 N 148 0.00 W 59 6.28 N 149 0.28 W 59 0.00 N 149 0.00 W 58 34.91 N 147 59.85 W

7 ...... Albatross Bank ...... 56 16.00 N 152 40.00 W 56 16.00 N 153 20.00 W 56 11.00 N 153 20.00 W 56 10.00 N 152 40.00 W

8 ...... Shumagin I...... 54 51.49 N 157 42.52 W

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Area number Name Latitude Longitude

54 40.00 N 158 10.00 W 54 35.00 N 158 10.00 W 54 36.00 N 157 42.00 W

9 ...... Sanak I...... 54 12.86 N 162 13.54 W 54 0.00 N 163 15.00 W 53 53.00 N 163 15.00 W 54 5.00 N 162 12.00 W

10 ...... Unalaska I...... 53 26.05 N 165 55.55 W 53 6.92 N 167 19.40 W 52 55.71 N 167 18.20 W 53 13.05 N 165 55.55 W Note: Each area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for the area by a straight line. Projected coordinate system is North Amer- ican Datum 1983, Albers.

[71 FR 36703, June 28, 2006]

TABLE 28a TO PART 679—QUALIFYING SEASON DATES FOR CENTRAL GOA ROCKFISH PRIMARY SPECIES

A Legal Rockfish Landing Year includes 2000 2001 2002 2003 2004 2005 2006

Northern rockfish that July 4–July July 1–July June 30– June 29– July 4–July July 5–July July 1–July were harvested in the 26. 23. July 21. July 29. 25. 24. 21. Central GOA be- and Oct. 1– tween. . . Oct. 21. and landed by ...... Aug. 2 ...... July 30 and July 28 ...... Aug. 5 ...... Aug. 1 ...... July 31 ...... July 28. Oct. 28, respec- tively. Pelagic shelf rockfish that July 4–July July 1–July June 30– June 29– July 4–July July 5–July July 1–July were harvested in the 26. 23 and July 21. July 31. 25. 24, Sept. 21 and Central GOA be- Oct. 1– 1–Sept 4, Oct. 2– tween. . . Oct. 21. and Sept. Oct. 8. 8–Sept. 10. and landed by ...... Aug. 2 ...... July 30 and July 28 ...... Aug. 7 ...... Aug. 1 ...... July 31, July 28 and Oct. 28, Sept. 11, Oct. 15, respec- and Sept. respec- tively. 17, re- tively. spectively. Pacific ocean perch that July 4–July July 1–July June 30– June 29– July 4–July July 5–July July 1–July were harvested in the 15. 12. July 8. July 8. 12. 14. 6. Central GOA be- tween. . . and landed by ...... July 22 ...... July 19 ...... July 15 ...... July 15 ...... July 19 ...... July 21 ...... July 13.

[76 FR 81290, Dec. 27, 2011]

TABLE 28b TO PART 679—QUALIFYING SEASON DATES FOR CENTRAL GOA ROCKFISH PRIMARY SPECIES

A Rockfish Legal Landing includes . . . 2007 2008 2009

Northern rockfish that were harvested by vessels au- Sept. 1–Nov. 8 ...... Sept. 1–Nov. 15 ...... Sept. 1–Nov. 15. thorized to fish in the rockfish entry level trawl fish- ery between. . . and landed by ...... Nov. 15 ...... Nov. 22 ...... Nov. 22. Pelagic shelf rockfish that were harvested by vessels Sept. 1–Nov. 15 ...... Sept. 1–Nov. 15 ...... Sept. 1–Nov. 15. authorized to fish in the rockfish entry level trawl fishery between. . . and landed by ...... Nov. 22 ...... Nov. 22 ...... Nov. 22. Pacific ocean perch that were harvested by vessels May 1–May 17; July July 1–July 27 ...... July 1–Nov. 15. authorized to fish in the rockfish entry level trawl 1–Aug. 1. fishery between. . . and landed by ...... Aug. 8 ...... Aug. 3 ...... Nov. 22.

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[76 FR 81290, Dec. 27, 2011]

TABLE 28c TO PART 679—ALLOCATION OF ROCKFISH SECONDARY SPECIES

The following percentage of the Central GOA TAC is allocated to rockfish cooperatives as CQ . . . For the following rockfish secondary species . . . For the catcher/processor sector For the catcher vessel sector ......

Pacific cod ...... 3.81% ...... N/A Sablefish ...... 6.78% ...... 3.51% Rougheye rockfish ...... N/A ...... 58.87% Shortraker rockfish ...... N/A ...... 40.00% Thornyhead rockfish ...... 7.84% ...... 26.50%

[76 FR 81290, Dec. 27, 2011]

TABLE 28d TO PART 679—ALLOCATION OF HALIBUT PSC UNDER THE CENTRAL GOA ROCKFISH PROGRAM

To yield the fol- The following lowing amount of The following amount of halibut is not as- For the following rock- amount of halibut Is multiplied by halibut PSC as- signed as rockfish CQ, halibut PSC, or hal- fish sectors ...... signed as rock- ibut IFQ for use by any person . . . fish CQ...

Catcher vessel sector 134.1 mt ...... 0.875 117.3 mt ...... 27.4 mt (16.8 mt from the catcher vessel sector and 10.6 mt from the catcher/proc- essor sector). Catcher/processor sec- 84.7 mt ...... 74.1 mt. tor.

[76 FR 81290, Dec. 27, 2011]

TABLE 28e TO PART 679—ROCKFISH ENTRY LEVEL LONGLINE FISHERY ALLOCATIONS

If the catch of a rockfish primary Except that the maximum species during a calendar year amount of the TAC assigned to The allocation to the rockfish exceeds 90 percent of the allo- the Rockfish Program (after de- entry level longline fishery for the cation for that rockfish primary ducting the incidental catch al- following rockfish primary species For 2012 will be . . . species then the allocation of lowance) that may be allocated ... that rockfish primary species in to the rockfish entry level non- the following calendar year will trawl fishery for each rockfish increase by . . . primary species is . . .

Northern rockfish ...... 5 mt ...... 5 mt ...... 2 percent. Pacific ocean perch ...... 5 mt ...... 5 mt ...... 1 percent. Pelagic shelf rockfish ...... 30 mt ...... 20 mt ...... 5 percent.

[76 FR 81290, Dec. 27, 2011]

TABLE 29 TO PART 679—INITIAL ROCKFISH QS POOLS

Aggregate Primary Spe- Initial Rockfish QS Pool Northern Rockfish Pelagic Shelf Rockfish Pacific Ocean Perch cies Initial Rockfish QS Pool

Initial Rockfish QS Pool ...... Based on the Rockfish Program official record on February 14, 2012. Initial Rockfish QS Pool for the Catcher/Processor Sector. Initial Rockfish QS Pool for the Catcher Vessel Sector.

[76 FR 81292, Dec. 27, 2011]

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TABLE 30 TO PART 679—ROCKFISH PROGRAM RETAINABLE PERCENTAGES [In round wt. equivalent]

MRA as a percentage of total retained Fishery Incidental catch species 1 Sector rockfish primary species and rockfish sec- ondary species

Rockfish Cooperative Pacific cod ...... Catcher/Processor ...... 4.0 Vessels fishing under a Shortraker/Rougheye ag- Catcher Vessel ...... 2.0 CQ permit. gregate catch.

See rockfish non-allocated species for ‘‘other species’’

Rockfish non-allocated Pollock ...... Catcher/Processor and Catcher Vessel ...... 20.0 Species for Rockfish Deep-water flatfish ...... Catcher/Processor and Catcher Vessel ...... 20.0 Cooperative vessels Rex sole ...... Catcher/Processor and Catcher Vessel ...... 20.0 fishing under a Rock- Flathead sole ...... Catcher/Processor and Catcher Vessel ...... 20.0 fish CQ permit. Shallow-water flatfish ...... Catcher/Processor and Catcher Vessel ...... 20.0 Arrowtooth flounder ...... Catcher/Processor and Catcher Vessel ...... 35.0 Other rockfish ...... Catcher/Processor and Catcher Vessel ...... 15.0 Atka mackerel ...... Catcher/Processor and Catcher Vessel ...... 20.0 Aggregated forage fish .... Catcher/Processor and Catcher Vessel ...... 2.0 Skates ...... Catcher/Processor and Catcher Vessel ...... 5.0 Other species ...... Catcher/Processor and Catcher Vessel ...... 20.0 Grenadiers ...... Catcher/Processor and Catcher Vessel ...... 8.0

Longline gear Rockfish Use Table 10 to this part. Entry Level Fishery.

Opt-out vessels ...... Use Table 10 to this part.

Rockfish Cooperative Use Table 10 to this part. Vessels not fishing under a CQ permit. 1 See Notes to Table 10 to Part 679 for descriptions of species groups.

[80 FR 80708, Dec. 28, 2015]

TABLE 31 TO PART 679— LIST OF AMENDMENT 80 VESSELS AND LLP LICENSES ORIGINALLY ASSIGNED TO AN AMENDMENT 80 VESSEL

Column C: Column B: LLP license Column A: USCG number originally Name of amendment 80 vessel Documentation assigned to the No. Amendment 80 vessel

ALASKA JURIS ...... 569276 LLG 2082 ALASKA RANGER ...... 550138 LLG 2118 ALASKA SPIRIT ...... 554913 LLG 3043 ALASKA VOYAGER ...... 536484 LLG 2084 ALASKA VICTORY ...... 569752 LLG 2080 ALASKA WARRIOR ...... 590350 LLG 2083 ALLIANCE ...... 622750 LLG 2905 AMERICAN NO I ...... 610654 LLG 2028 ARCTIC ROSE ...... 931446 LLG 3895 ARICA ...... 550139 LLG 2429 BERING ENTERPRISE ...... 610869 LLG 3744 CAPE HORN ...... 653806 LLG 2432 CONSTELLATION ...... 640364 LLG 1147 DEFENDER ...... 665983 LLG 3217 ENTERPRISE ...... 657383 1 LLG 4831 GOLDEN FLEECE ...... 609951 LLG 2524 HARVESTER ENTERPRISE ...... 584902 LLG 3741 LEGACY ...... 664882 LLG 3714 OCEAN ALASKA ...... 623210 LLG 4360 OCEAN PEACE ...... 677399 LLG 2138 PROSPERITY ...... 615485 LLG 1802 REBECCA IRENE ...... 697637 LLG 3958 SEAFISHER ...... 575587 LLG 2014

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Column C: Column B: LLP license Column A: USCG number originally Name of amendment 80 vessel Documentation assigned to the No. Amendment 80 vessel

SEAFREEZE ALASKA ...... 517242 LLG 4692 TREMONT ...... 529154 LLG 2785 U.S. INTREPID ...... 604439 LLG 3662 UNIMAK ...... 637693 LLG 3957 VAERDAL ...... 611225 LLG 1402 1 LLG 4831 is the LLP license originally assigned to the F/V ENTERPRISE, USCG Documentation Number 657383 for all rel- evant purposes of this part.

[72 FR 52739, Sept. 14, 2007]

TABLE 32 TO PART 679— AMENDMENT 80 INITIAL QS POOL

Amendment 80 species Management area Amendment 80 initial QS pool in units

Atka mackerel ...... BS/541 ...... S Highest Five Years in metric tons in the 542 ...... Amendment 80 official record as of Decem- 543 ...... ber 31, 2007, for that Amendment 80 spe- cies in that management area.

AI Pacific ocean perch ...... 541 ...... 542 ...... 543.

Flathead sole ...... BSAI. Pacific cod ...... BSAI. Rock sole ...... BSAI. Yellowfin sole ...... BSAI.

[72 FR 52739, Sept. 14, 2007]

TABLE 33 TO PART 679— ANNUAL APPORTION OF AMENDMENT 80 SPECIES ITAC BE- TWEEN THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS (EXCEPT YELLOWFIN SOLE)

Percentage of Percentage of ITAC Management ITAC allocated allocated to the BSAI Fishery area Year to the Amend- trawl limited access ment 80 sector sector

Atka Mackerel ...... 543 ...... All years ...... 100 0

542 ...... 2008 ...... 98 2 2009 ...... 96 4 2010 ...... 94 6 2011 ...... 93 8 2012 and all future years 90 10

541/EBS ...... 2008 ...... 98 2 2009 ...... 96 4 2010 ...... 94 6 2011 ...... 92 8 2012 and all future years 90 10

Aleutian Islands Pacific ocean perch 543 ...... All years ...... 98 2

542 ...... 2008 ...... 95 5 2009 and all future years 90 10

541 ...... 2008 ...... 95 5 2009 and all future years 90 10

Pacific cod ...... BSAI ...... All years ...... 13.4 N/A

Rock sole ...... BSAI ...... All years ...... 100 0

Flathead sole ...... BSAI ...... All years ...... 100 0

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[72 FR 52739, Sept. 14, 2007; 72 FR 61214, Oct. 29, 2007]

TABLE 34 TO PART 679— ANNUAL APPORTIONMENT OF BSAI YELLOWFIN SOLE BETWEEN THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS

then the yel- lowfin sole If the yellowfin ITAC rate and the amount of yellowfin sole and the amount of yel- Row No. sole ITAC is be- and . . . for the ITAC allocated to Amendment lowfin sole ITAC allocated tween . . . Amendment 80 Sector is . . . to the BSAI trawl limited 80 sector is access sector is ......

Column A Column B Column C Column D Column E

Row 1 ...... 0 mt ...... 87,499 mt ...... 0 .93 ITAC × Row 1, Column C ...... ITAC—Row 1, Column E.

Row 2 ...... 87,500 mt ...... 94,999 mt ...... 0 .875 (Amount of ITAC greater than ITAC—Row 2, Column D. 87,499 mt and less than 95,000 mt × Row 2, Column C) + Row 1, Column D.

Row 3 ...... 95,000 mt ...... 102,499 mt ...... 0 .82 (Amount of ITAC greater than ITAC—Row 3, Column D. 94,999 mt and less than 102,500 mt × Row 3, Column C) + Column D, Row 2.

Row 4 ...... 102,500 mt ...... 109,999 mt ...... 0.765 (Amount of ITAC greater than ITAC—Row 4, Column D. 102,499 mt and less than 110,000 mt × Row 4, Column C) + Column D, Row 3.

Row 5 ...... 110,000 mt ...... 117,499 mt ...... 0.71 (Amount of ITAC greater than ITAC—Row 5, Column D. 109,999 mt and less than 117,500 mt × Row 5, Column C) + Column D, Row 4.

Row 6 ...... 117,500 mt ...... 124,999 mt ...... 0.655 (Amount of ITAC greater than ITAC—Row 6, Column D. 117,499 mt and less than 125,000 mt × Row 6, Column C) + Column D, Row 5).

Row 7 ...... 125,000 mt and greater 0 .6 (Amount of ITAC greater than ITAC—Row 7, Column D. 124,999 mt × Row 7, Column C) + Column D, Row 6.

[72 FR 52739, Sept. 14, 2007]

TABLE 35 TO PART 679—APPORTIONMENT OF CRAB PSC AND HALIBUT PSC BETWEEN THE AMENDMENT 80 AND BSAI TRAWL LIMITED ACCESS SECTORS

Halibut PSC limit in the Zone 1 Red king C. opilio crab PSC Zone 1 C. bairdi Zone 2 C. bairdi Fishery BSAI crab PSC limit . . . limit (COBLZ) . . . crab PSC limit . . . crab PSC limit . . . (mt)

as a percentage of the total BSAI trawl PSC limit after allocation as PSQ.

Amendment 80 sec- 1,745 49.98 ...... 49.15 ...... 42.11 ...... 23.67 tor. BSAI trawl limited 745 30.58 ...... 32.14 ...... 46.99 ...... 46.81 access.

[81 FR 24733, Apr. 27, 2016]

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TABLE 36 TO PART 679— PERCENTAGE OF CRAB AND HALIBUT PSC LIMIT ASSIGNED TO EACH AMENDMENT 80 SPECIES

The percentage of the Amendment 80 sector PSC limit assigned to each Amendment 80 For the following PSC species is . . . species . . . AI Pacific Atka mackerel ocean perch Pacific cod Flathead sole Rock sole Yellowfin sole

Halibut ...... 3.96 1.87 24.79 13.47 24.19 31.72 Zone 1 Red king crab ...... 0.14% 0.56% 6.88% 0.48% 61.79% 30.16% C. opilio crab (COBLZ)...... 0% 0.06% 6.28% 17.91% 9.84% 65.91% Zone 1 C. bairdi crab ...... 0% 0% 17.01% 3.13% 56.15% 23.71% Zone 2 C. bairdi crab ...... 0.01% 0.03% 7.92% 37.31% 7.03% 47.70%

[72 FR 52739, Sept. 14, 2007]

TABLE 37 TO PART 679— GOA AMENDMENT 80 SIDEBOARD LIMIT FOR GROUNDFISH FOR THE AMENDMENT 80 SECTOR

In the following management areas in the GOA and in adjacent waters open by the State of Alaska for which it adopts a Fed- The sideboard limit for . . . Is . . . eral fishing season . . .

Area 610 ...... Pollock ...... 0.3% of the TAC.

Area 620 ...... Pollock ...... 0.2% of the TAC.

Area 630 ...... Pollock ...... 0.2% of the TAC.

Area 640 ...... Pollock ...... 0.2% of the TAC.

West Yakutat District ...... Pacific cod ...... 3.4% of the TAC.

Pacific ocean perch ...... 96.1% of the TAC.

Pelagic shelf rockfish ...... 89.6% of the TAC.

Central GOA ...... Pacific cod ...... 4.4% of the TAC.

Pacific ocean perch ...... Subject to regulations in subpart G to this part.

Pelagic shelf rockfish ...... Subject to regulations in subpart G to this part.

Northern rockfish ...... Subject to regulations in subpart G to this part.

Western GOA ...... Pacific cod ...... 2.0% of the TAC.

Pacific ocean perch ...... 99.4% of the TAC.

Pelagic shelf rockfish ...... 76.4% of the TAC.

Northern rockfish ...... 100% of the TAC.

[72 FR 52739, Sept. 14, 2007]

TABLE 38 TO PART 679— GOA AMENDMENT 80 SIDEBOARD LIMIT FOR HALIBUT PSC FOR THE AMENDMENT 80 SECTOR

The maximum percentage of the total GOA halibut PSC limit that may be used by all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit as In the . . . those seasons1 are established in the annual harvest specifications is . . . Season 1 Season 2 Season 3 Season 4 Season 5

Shallow-water species fishery as defined in § 679.21(d)(3)(iii)(A) in the GOA or adjacent waters open by the State of Alaska for which it adopts a Federal fishing season...... 0.48 1.89 1.46 0.74 2.27

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The maximum percentage of the total GOA halibut PSC limit that may be used by all Amendment 80 qualified vessels subject to the halibut PSC sideboard limit as In the . . . those seasons1 are established in the annual harvest specifications is . . . Season 1 Season 2 Season 3 Season 4 Season 5

Deep-water species fishery as defined in § 679.21(d)(3)(iii)(B) in the GOA or ad- jacent waters open by the State of Alaska for which it adopts a Federal fishing season...... 1.15 10.72 5.21 0.14 3.71 1 Any residual amount of a seasonal sideboard halibut PSC limit may carry forward to the next season limit (see § 679.92(b)(2)).

[79 FR 9641, Feb. 20, 2014]

TABLE 39 TO PART 679— AMENDMENT 80 VESSELS THAT MAY BE USED TO DIRECTED FISH FOR FLATFISH IN THE GOA

Column B: Column A: USCG Name of Amendment 80 vessel Documentation No.

ALLIANCE ...... 622750 AMERICAN NO I ...... 610654 DEFENDER ...... 665983 GOLDEN FLEECE ...... 609951 LEGACY ...... 664882 OCEAN ALASKA ...... 623210 OCEAN PEACE ...... 677399 SEAFREEZE ALASKA ...... 517242 U.S. INTREPID ...... 604439 UNIMAK ...... 637693 VAERDAL ...... 611225

[72 FR 52739, Sept. 14, 2007]

TABLE 40 TO PART 679—BSAI HALIBUT PSC SIDEBOARD LIMITS FOR AFA CATCHER/ PROCESSORS AND AFA CATCHER VESSELS

The AFA The AFA catcher/ catcher processor vessel halibut PSC halibut PSC In the following target species categories as defined in § 679.21(b)(1)(iii) and (e)(3)(iv) . . . sideboard sideboard limit in limit in metric tons metric tons is . . . is . . .

All target species categories ...... 286 N/A Pacific cod trawl ...... N/A 887 Pacific cod hook-and-line or pot ...... N/A 2 Yellowfin sole ...... N/A 101 Rock sole/flathead sole/‘‘other flatfish’’ 1 ...... N/A 228 Turbot/Arrowtooth/Sablefish ...... N/A 0 Rockfish 2 ...... N/A 2 Pollock/Atka mackerel/‘‘other species’’ ...... N/A 5 1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland turbot, rock sole, flathead sole, yellowfin sole, and arrowtooth flounder. 2 Applicable from July 1 through December 31.

[81 FR 24734, Apr. 27, 2016]

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TABLE 41 TO PART 679—BSAI CRAB PSC SIDEBOARD LIMITS FOR AFA CATCHER/ PROCESSORS AND AFA CATCHER VESSELS

The AFA catcher/processor For the following crab species in crab PSC sideboard limit is The AFA catcher vessel crab the following areas . . . equal to the following PSC sideboard limit is equal to Multiplied by . . . ratio . . . the following ratio . . .

Red king crab Zone 1 ...... 0.007 0.299 The PSC amount in num- ber of animals available to trawl vessels in the BSAI after allocation of PSQ established in the annual harvest speci- fications for that cal- endar year.

C. opilio crab (COBLZ) ...... 0.153 0.168

Zone 1C. bairdi crab ...... 0.14 0.33

Zone 2C. bairdi crab ...... 0.05 0.186

[72 FR 52739, Sept. 14, 2007]

TABLE 42 TO PART 679—BERING SEA Longitude Latitude HABITAT CONSERVATION AREA 173 59.70E 56 16.96N Longitude Latitude Note: The area is delineated by connecting the coordinates in the order listed by straight lines. The last set of coordinates 179 19.95W 59 25.15N for each area is connected to the first set of coordinates for the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. 177 51.76W 58 28.85N

175 36.52W 58 11.78N [73 FR 43370, July 25, 2008]

174 32.36W 58 8.37N TABLE 43 TO PART 679—NORTHERN BERING SEA RESEARCH AREA 174 26.33W 57 31.31N

174 0.82W 56 52.83N Longitude Latitude

173 0.71W 56 24.05N 168 ...... 7.41 W 65 ...... *37.91 N 165 ...... 1.54 W 60 ...... 45.54 N 170 40.32W 56 1.97N 167 ...... 59.98 W 60 ...... 45.55 N 169 ...... 00.00 W 60 ...... 35.50 N 168 56.63W 55 19.30N 169 ...... 00.00 W 61 ...... 00.00 N 171 ...... 45.00 W 61 ...... 00.00 N 168 0.08W 54 5.95N 171 ...... 45.00 W 60 ...... 54.00 N 174 ...... 1.24 W 60 ...... 54.00 N 170 0.00W 53 18.24N 176 ...... 13.51 W 62 ...... 6.56 N 170 0.00W 55 0.00N 172 ...... 24.00 W 63 ...... 57.03 N 172 ...... 24.00 W 62 ...... 42.00 N 178 46.69E 55 0.00N 168 ...... 24.00 W 62 ...... 42.00 N 168 ...... 24.00 W 64 ...... 0.00 N 178 27.25E 55 10.50N 172 ...... 17.42 W 64 ...... 0.01 N 168 ...... 58.62 W 65 ...... 30.00 N 178 6.48E 55 0.00N 168 ...... 58.62 W 65 ...... **49.81 N 177 15.00E 55 0.00N Note: The area is delineated by connecting the coordi- nates in the order listed by straight lines except as noted by 177 15.00E 55 5.00N * below. The last set of coordinates for the area is con- nected to the first set of coordinates for the area by a straight line. The projected coordinate system is North Amer- 176 0.00E 55 5.00N ican Datum 1983, Albers. * This boundary extends in a clockwise direction from this 176 0.00E 55 0.00N set of geographic coordinates along the shoreline at mean lower-low tide line to the next set of coordinates. ** Intersection of the 1990 United States/Russia maritime 172 6.35E 55 0.00N boundary line and a line from Cape Prince of Wales to Cape Dezhneva (Russia) that defines the boundary between the Chukchi and Bering Seas, Area 400 and Area 514, respectively.

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[75 FR 61652, Oct. 6, 2010] Longitude Latitude

TABLE 44 TO PART 679—NUNIVAK ISLAND, 168 24.00W 62 42.00N ETOLIN STRAIT, AND KUSKOKWIM 172 24.00W 62 42.00N BAY HABITAT CONSERVATION AREA 172 24.00W 63 57.03N Longitude Latitude 172 17.42W 64 0.01N 165 1.54W 60 45.54N* Note: The area is delineated by connecting the coordinates 162 7.01W 58 38.27N in the order listed by straight lines. The last set of coordinates for each area is connected to the first set of coordinates for 162 10.51W 58 38.35N the area by a straight line. The projected coordinate system is North American Datum 1983, Albers. 162 34.31W 58 38.36N [73 FR 43370, July 25, 2008] 162 34.32W 58 39.16N

162 34.23W 58 40.48N TABLE 46 TO PART 679—ST. MATTHEW IS- LAND HABITAT CONSERVATION AREA 162 34.09W 58 41.79N

162 33.91W 58 43.08N Longitude Latitude

162 33.63W 58 44.41N 171 ...... 45.00 W 60 ...... 54.00 N 162 33.32W 58 45.62N 171 ...... 45.00 W 60 ...... 6.15 N 174 ...... 0.50 W 59 ...... 42.26 N 162 32.93W 58 46.80N 174 ...... 24.98 W 60 ...... 9.98 N 162 32.44W 58 48.11N 174 ...... 1.24 W 60 ...... 54.00 N Note: The area is delineated by connecting the coordi- 162 31.95W 58 49.22N nates in the order listed by straight lines. The last set of co- ordinates for the area is connected to the first set of coordi- 162 31.33W 58 50.43N nates for the area by a straight line. The projected coordi- nate system is North American Datum 1983, Albers. 162 30.83W 58 51.42N [75 FR 61652, Oct. 6, 2010] 162 30.57W 58 51.97N

163 17.72W 59 20.16N TABLES 47–48 TO PART 679 [RESERVED]

164 11.01W 59 34.15N TABLE 49 TO PART 679—GROUNDFISH LI- 164 42.00W 59 41.80N CENSES QUALIFYING FOR HOOK-AND- LINE CATCHER/PROCESSOR ENDORSE- 165 0.00W 59 42.60N MENT EXEMPTION 165 1.45W 59 37.39N Shall receive a Pacific cod endorse- 167 40.20W 59 24.47N Groundfish ment with a catcher/processor and a license * * * hook-and-line designation in the fol- lowing regulatory area(s) * * * 168 0.00W 59 49.13N LLG 1400 ...... Central Gulf of Alaska. 167 59.98W 60 45.55N LLG 1713 ...... Central Gulf of Alaska. Note: The area is delineated by connecting the coordinates LLG 1785 ...... Central Gulf of Alaska. in the order listed by straight lines, except as noted by * below. The last set of coordinates for each area is connected LLG 1916 ...... Central Gulf of Alaska. to the first set of coordinates for the area by a straight line. LLG 2112 ...... Central Gulf of Alaska and Western The projected coordinate system is North American Datum Gulf of Alaska. 1983, Albers. LLG 2783 ...... Central Gulf of Alaska. * This boundary extends in a clockwise direction from this set of geographic coordinates along the shoreline at mean LLG 2892 ...... Central Gulf of Alaska. lower-low tide line to the next set of coordinates. LLG 2958 ...... Central Gulf of Alaska. LLG 3616 ...... Central Gulf of Alaska. [73 FR 43370, July 25, 2008] LLG 3617 ...... Central Gulf of Alaska. LLG 3676 ...... Central Gulf of Alaska. TABLE 45 TO PART 679—ST. LAWRENCE LLG 4823 ...... Central Gulf of Alaska. ISLAND HABITAT CONSERVATION LLG 2081 ...... Western Gulf of Alaska. AREA LLG 3090 ...... Western Gulf of Alaska.

Longitude Latitude [76 FR 15840, Mar. 22, 2011] 168 24.00W 64 0.00N

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TABLE 50 TO PART 679 [RESERVED] TABLE 54 TO PART 679—BSAI SPECIES AND SPECIES GROUPS FOR WHICH DI- TABLE 51 TO PART 679—MODIFIED GEAR RECTED FISHING FOR SIDEBOARD TRAWL ZONE LIMITS BY LISTED AFA CATCHER/ PROCESSORS AND CATCHER/PROC- Longitude Latitude ESSORS DESIGNATED ON LISTED AFA CATCHER/PROCESSOR PERMITS IS 171 ...... 45.00 W 61 ...... 00.00 N PROHIBITED 169 ...... 00.00 W 61 ...... 00.00 N 169 ...... 00.00 W 60 ...... 35.48 N Species or species group Management area or subarea 171 ...... 45.00 W 60 ...... 06.15 N Sablefish, trawl gear ...... Bering Sea (BS) subarea of Note: The area is delineated by connecting the coordi- the BSAI. nates in the order listed by straight lines. The last set of co- Aleutian Islands (AI). ordinates for the area is connected to the first set of coordi- nates for the area by a straight line. The projected coordi- Atka mackerel ...... BS/Eastern Aleutian District. nate system is North American Datum 1983, Albers. Western Aleutian District. Rock sole ...... BSAI. [75 FR 61652, Oct. 6, 2010] Greenland turbot ...... Bering Sea subarea of the BSAI. AI. TABLE 52 TO PART 679—GROUNDFISH Arrowtooth flounder ...... BSAI. LLP LICENSES ELIGIBLE FOR A BSAI Kamchatka flounder ...... BSAI. TRAWL LIMITED ACCESS SECTOR Flathead sole ...... BSAI. Alaska plaice ...... BSAI. YELLOWFIN SOLE DIRECTED FISHERY Other flatfish ...... BSAI. ENDORSEMENT Pacific ocean perch ...... Bering Sea subarea of the [X indicates that Column A applies] BSAI. Eastern Aleutian District. Central Aleutian District. Column A Column B Western Aleutian District. The Holder of Groundfish Li- Is eligible under 50 CFR Northern rockfish ...... BSAI. cense Number . . . 679.4(k)(14)(ii) to be as- Shortraker rockfish ...... BSAI. Blackspotted and Rougheye Bering Sea subarea of the signed an Endorsement rockfish. BSAI/Eastern Aleutian Dis- for the BSAI Trawl Lim- trict. ited Access Sector Yel- Central Aleutian District/ lowfin Sole Fishery. Western Aleutian District. LLG 3944 ...... X. Other rockfish ...... BS. LLG 2913 ...... X. AI. LLG 1667 ...... X. Skates ...... BSAI. LLG 3714 ...... X. Sculpins ...... BSAI. LLG 1820 ...... X. Sharks ...... BSAI. LLG 3741 ...... X. Octopuses ...... BSAI.

[83 FR 50002, Oct. 4, 2018] [84 FR 2729, Feb. 8, 2019]

TABLE 53 TO PART 679—GROUNDFISH TABLE 55 TO PART 679—BSAI SPECIES LLP LICENSES THAT REQUIRE AND SPECIES GROUPS FOR WHICH DI- QUALIFIED LANDINGS ASSIGNMENT RECTED FISHING FOR SIDEBOARD TO BE ELIGIBLE FOR A BSAI TRAWL LIMITS BY NON-EXEMPT AFA CATCH- LIMITED ACCESS SECTOR YELLOWFIN ER VESSELS IS PROHIBITED SOLE DIRECTED FISHERY ENDORSE- MENT Species or species Management area group or subarea Gear type [X indicates that Column A applies] Pacific cod ...... BSAI ...... Jig. Column A Column B ...... Hook-and-line catcher vessel ≥ A single vessel was des- The owner of the vessel des- 60 ft. ignated on the following ignated on the pair of LLP ...... Hook-and-line pairs of groundfish LLP li- licenses in Column A must catcher vessel ≤ censes during the quali- notify NMFS which LLP li- 60 ft. fying period identified in 50 cense from each pair in ...... Pot. CFR 679.4(k)(14)(ii)(A)(1) Column A is to be credited Sablefish, trawl Bering Sea sub- All. ... with qualifying landing(s) gear. area of the BSAI. under 50 CFR AI ...... All. 679.4(k)(14)(vi)(B)(2). Atka mackerel ...... BSAI ...... All. LLG 3838 and LLG 2702 X. Rock sole ...... BSAI ...... All. LLG 3902 and LLG 3826 X. Greenland turbot .. BS ...... All. AI ...... All. Arrowtooth floun- BSAI ...... All. [83 FR 50002, Oct. 4, 2018] der.

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Species or species Management area Management or regulatory group or subarea Gear type Species or species group area and processing compo- nent (if applicable) Kamchatka floun- BSAI ...... All. der. Central GOA. Alaska plaice ...... BSAI ...... All. Eastern GOA. Other flatfish ...... BSAI ...... All. Other rockfish ...... Central GOA. Flathead sole ...... BSAI ...... All. Eastern GOA. Pacific ocean BS ...... All. Atka mackerel ...... GOA. perch. Big skate ...... Western GOA. Eastern Aleutian All. Central GOA. District. Eastern GOA. Central Aleutian All. Longnose skate ...... Western GOA. District. Central GOA. Western Aleutian All. Eastern GOA. District. Other skates ...... GOA. Northern rockfish .. BSAI ...... All. Sculpins ...... GOA. Shortraker rockfish BSAI ...... All. Sharks ...... GOA. Blackspotted and Bering Sea sub- All. Octopuses ...... GOA. Rougheye rock- area of the fish. BSAI/Eastern Aleutian District. [84 FR 2730, Feb. 8, 2019] Central Aleutian All. District/Western Aleutian District. PART 680—SHELLFISH FISHERIES OF Other rockfish ...... Bering Sea sub- All. THE EXCLUSIVE ECONOMIC area of the BSAI. ZONE OFF ALASKA AI ...... All. Skates ...... BSAI ...... All. Sculpins ...... BSAI ...... All. Subpart A—General Sharks ...... BSAI ...... All. Octopuses ...... BSAI ...... All. Sec. 680.1 Purpose and scope. 680.2 Definitions. [84 FR 2729, Feb. 8, 2019] 680.3 Relation to other laws. 680.4 Permits. TABLE 56 TO PART 679—GOA SPECIES 680.5 Recordkeeping and reporting (R&R). AND SPECIES GROUPS FOR WHICH DI- 680.6 Crab economic data report (EDR). RECTED FISHING FOR SIDEBOARD 680.7 Prohibitions. LIMITS BY NON-EXEMPT AFA CATCH- 680.8 Facilitation of enforcement. ER VESSELS IS PROHIBITED 680.9 Penalties.

Management or regulatory Subpart B—Management Measures Species or species group area and processing compo- nent (if applicable) 680.20 Arbitration System. Pacific cod ...... Eastern GOA, inshore com- 680.21 Crab harvesting cooperatives. ponent. 680.22 Sideboard protections for GOA Eastern GOA, offshore com- groundfish fisheries. ponent. 680.23 Equipment and operational require- Sablefish ...... Western GOA. ments. Central GOA. 680.30 [Reserved] Eastern GOA. Shallow-water flatfish ...... Eastern GOA. Deep-water flatfish ...... Western GOA. Subpart C—Quota Management Measures Rex sole ...... Western GOA. 680.40 Crab Quota Share (QS), Processor QS Eastern GOA. Arrowtooth flounder ...... Western GOA. (PQS), Individual Fishing Quota (IFQ), Eastern GOA. and Individual Processor Quota (IPQ) Flathead sole ...... Western GOA. Issuance. Eastern GOA. 680.41 Transfer of QS, PQS, IFQ and IPQ. Pacific ocean perch ...... Western GOA. 680.42 Limitations on use of QS, PQS, IFQ, Northern rockfish ...... Western GOA. and IPQ. Shortraker rockfish ...... Western GOA. 680.43 Revocation of CVC and CPC QS. Central GOA. Eastern GOA. 680.44 Cost recovery. Dusky rockfish ...... Western GOA. TABLE 1 TO PART 680—CRAB RATIONALIZATION Central GOA. (CR) FISHERIES Eastern GOA. TABLE 3a TO PART 680—CRAB DELIVERY CON- Rougheye and blackspotted Western GOA. DITION CODES rockfish. Central GOA. TABLE 3b TO PART 680—CRAB DISPOSITION OR Eastern GOA. PRODUCT CODES Demersal shelf rockfish ...... Southeast Outside District. TABLE 7 TO PART 680—INITIAL ISSUANCE OF Thornyhead rockfish ...... Western GOA. CRAB QS BY CRAB QS FISHERY

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