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

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: Fishery Conservation and Management Background Act. Consolidation of Regulations National Oceanic and Atmospheric Related to the Domestic Fisheries Administration In March 1995, President Clinton Operating in the EEZ Off West Coast issued a directive to Federal agencies and Western Pacific States Into One CFR 15 CFR Part 902 regarding their responsibilities under Part (50 CFR part 660) his Regulatory Reinvention Initiative. Currently, regulations implementing 50 CFR Parts 660, 661, 663, 680, 681, This initiative is part of the National the six FMPs described above are 683, and 685 Performance Review and calls for contained in six separate parts of title 50 comprehensive regulatory reform. The of the CFR, in addition to general [Docket No. 960614176±6176±01; I.D. President directed all agencies to provisions for foreign fisheries 050796A] undertake a review of all their contained in part 600. NMFS, through regulations, with an emphasis on this rulemaking, removes the six parts eliminating or modifying those that are RIN 0648±AI18 (50 CFR parts 661, 663, 680, 681, 683, obsolete, duplicative, or otherwise in and 685) and consolidates the Fisheries off West Coast States and in need of reform. This final rule is regulations contained therein into one the Western Pacific intended to carry out the President’s new part (50 CFR part 660). This directive with respect to those consolidated regulation provides the AGENCY: National Marine Fisheries regulations implementing the Fishery public with a single reference source for Service (NMFS), National Oceanic and Management Plans (FMPs) for fisheries the Federal fisheries regulations specific Atmospheric Administration (NOAA), off West Coast and Western Pacific to the fisheries operating in the EEZ off Commerce. states. the West Coast (California, Oregon, and ACTION: Final rule. Domestic groundfish fisheries in the Washington) or in the Western Pacific EEZ off the West Coast are managed by (Hawaii, American Samoa, Guam, the SUMMARY: NMFS is consolidating six NMFS under the Fishery Management Northern Mariana Islands, and U.S. CFR parts into one new CFR part. The Plan for the Washington, Oregon, and island possessions in the Pacific). The new part contains regulations California Groundfish Fishery (Pacific restructuring of the six parts into a implementing management measures for Coast Groundfish Fishery Management single part results in one set of fisheries operating in the exclusive Plan), which is implemented by regulations that is more concise, clearer, economic zone (EEZ) off West Coast and regulations at 50 CFR part 663. The and easier to use than the six separate Western Pacific states. The domestic ocean salmon fisheries are managed parts. Many provisions in part 600 also fisheries for groundfish and ocean under the Fishery Management Plan for apply to the fisheries operating in the salmon off the West Coast and for Ocean Salmon Fisheries off the Coasts EEZ off West Coast and Western Pacific precious corals, crustaceans, bottomfish of Washington, Oregon, and California, States. and seamount groundfish, and Pelagics which is implemented by regulations at 50 CFR part 661. The Western Pacific Reorganization of Management of the Western Pacific will be managed Measures Within the Consolidated under this new part. This final rule does precious corals fisheries are managed under regulations at 50 CFR part 680, Regulations and Elimination of not make substantive changes to the Obsolete or Duplicative Provisions existing regulations; rather, it which implement the Fishery reorganizes management measures into Management Plan for Precious Coral In new part 660, NMFS has a more logical and cohesive order, Fisheries of the Western Pacific Region. reorganized the consolidated removes duplicative and outdated The lobster fishery of the Northwestern management measures in a more logical provisions, and makes editorial changes Hawaiian Islands (NWHI) is managed and cohesive order. Because portions of for readability, clarity, and to achieve under the Fishery Management Plan for the existing regulations contain uniformity in regulatory language. This Crustacean Fisheries of the Western identical or nearly identical provisions, final rule also amends references to Pacific Region, which is implemented similar measures have been combined Paperwork Reduction Act (PRA) by regulations at 50 CFR part 681. The and restructured. For example, certain information-collection requirements to NWHI fisheries for bottomfish and definitions, prohibitions, and reflect the consolidation. The purpose of seamount groundfish are managed by requirements that were common to the this final rule is to make the regulations NMFS through regulations at 50 CFR current regulations for all the fisheries, more concise, better organized, and part 683, which implement the Fishery but located in different parts, were thereby easier for the public to use. This Management Plan for Bottomfish and placed in a general subpart so they action is part of the President’s Seamount Groundfish Fisheries of the would only appear once. For provisions Regulatory Reinvention Initiative. Western Pacific Region. The fisheries for common to all Western Pacific fisheries, Pacific pelagic species are managed a separate subpart is established. EFFECTIVE DATE: These regulations are under regulations at 50 CFR part 685, Paragraph headings have been added effective on July 1, 1996, with the which implement the Fishery where appropriate for ease in exception of 50 CFR 660.404 and Management Plan for Pelagic Fisheries identifying measures, and regulatory 660.408, which will become effective of the Western Pacific Region. General language has been revised to improve when OMB has approved collection-of- regulations that also pertain to these clarity and consistency. information requirements for those fisheries appear in 50 CFR part 600. The As a result of the consolidation effort, sections and that approval has been Groundfish and Salmon FMPs were NMFS also identified duplicative and published in the Federal Register, and prepared by the Pacific Fishery obsolete provisions and removed those 50 CFR 600.53 which will become Management Council, and the Precious measures from the regulations. For effective August 4, 1996. Corals, Crustaceans, Bottomfish and example, obsolete provisions dealing FOR FURTHER INFORMATION CONTACT: Bill Seamount Groundfish, and Pelagics with initial issuance of permits under Robinson, NMFS, 206–526–6140; Rod FMPs were prepared by the Western limited entry programs for Western McInnis, NMFS, 310–980–4030; or Pacific Fishery Management Council, Pacific bottomfish, crustacean, and Alvin Katekaru, NMFS, 808–973–2985. under the authority of the Magnuson longline fisheries and for West Coast Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34571 groundfish fisheries were removed. In display a current control number a. Approved under 0648–0204—(1) addition, changes to part 661 (salmon) assigned by the Director, Office of Southwest Region Federal Fishing include correcting the scientific name Management and Budget (OMB), for Permits, estimated at 0.55 hours per for steelhead (rainbow trout) to each agency information collection. permit action; (2) experimental fishing Oncorhynchus mykiss, updating Section 902.1(b) identifies the location permits, estimated at 2 hours per escapement goals for consistency with of NOAA regulations for which OMB application (§§ 660.13, 660.17, and revised management procedures of the approval numbers have been issued. 660.21(k)). Pacific Fishery Management Council, Because this final rule codifies many b. Approved under 0648–0214— and removing the appendix by recordkeeping and reporting Southwest Logbook Family of Forms: (1) incorporation of relevant portions into requirements, 15 CFR 902.1(b) is revised Catch-and-effort logbooks, estimated at the numbered sections and deletion of to reference correctly the new sections 5 minutes per response; (2) pre-trip any repetitive or unnecessary resulting from the consolidation. notifications, estimated at 5 minutes per information. This rule also makes a technical notice; (3) post-landing notices, Changes to part 663 (Pacific Coast correction to the regulations estimated at 5 minutes per response; (4) groundfish) include removing the establishing a longline fishing observer placement meetings, estimated appendix of standards and procedures prohibited area around Guam. The final at 1 hour per response; (5) protected and, instead, referencing appropriate rule technical amendment published species interaction reports, estimated at sections in the Pacific Coast Groundfish September 13, 1994 (59 FR 46933) 3 minutes per response; (6) pre-landing Fishery Management Plan, removing contained an error, and the correct notices, estimated at 5 minutes per obsolete requirements for applications coordinates have been specified in response; (7) experimental fishing for limited entry permits, consolidating § 660.26(d). reports, estimated at 4 hours per report; definitions in one section that Under NOAA Administrative Order (8) report on gear left at sea, estimated previously were scattered throughout 205–11, 7.01, dated December 17, 1990, at 5 minutes per response; (9) sales and part 663, removing those definitions and the Under Secretary for Oceans and transshipment reports, estimated at 5 regulations that either appear elsewhere Atmosphere has delegated to the minutes per response; (10) precious in part 660 or are no longer relevant Assistant Administrator for Fisheries, corals sales report, estimated at 15 after the appendix was removed, and NOAA, the authority to sign material for minutes per response; (11) pelagics making technical and editorial publication in the Federal Register. transshipment logbooks, estimated at 5 clarifications. minutes per response; (12) claims for Classification A limited entry program was reimbursement for lost fishing time, implemented in the Pacific Coast This action has been determined to be estimated at 4 hours per response; and groundfish fishery in 1994. The window not significant for purposes of E.O. (13) request for pelagics area closure of time for initial permit issuance is 12866. exemption, estimated at 1 hour per over, so the standards and procedures Because this rule makes only response (§§ 660.14, 660.23, 660.24, for initial permit issuance have been nonsubstantive changes to existing 660.28, 660.43, and 660.48). removed from the regulations because regulations originally issued after prior c. Approved under 0648–0203— they are no longer necessary. There are notice and an opportunity for public Northwest Federal Fisheries Permits: (1) still some appeals from permits denials comment, the Assistant Administrator Experimental fishing permits, estimated pending before the agency and Federal for Fisheries, NOAA, under 5 U.S.C. at 32 minutes per response; (2) limited courts. The regulatory provisions that 533(b)(B), for good cause finds that entry permits, estimated at 20 minutes were in effect at the time of permit providing such procedures for this per response; and (3) at-sea processing denial will still be used in these rulemaking is unnecessary. Because this permits, estimated at 20 minutes per proceedings, even though they are being rule is not substantive, it is not subject response (§ 660.333). removed from codification. There are to a 30-day delay in effective date under d. Approved under 0648–0243— two extremely limited circumstances in 5 U.S.C. 553(d). Survey of intent and capacity to harvest which fishermen may obtain new initial Notwithstanding any other provision and process fish and shellfish, estimated permits, but it is highly unlikely that of law, no person is required to respond at 5 minutes per response (§ 660.323). anyone will qualify for a permit under to nor shall a person be subject to a e. Approved under 0648–0271— these provisions. Therefore, the details penalty for failure to comply with a Northwest Region Logbook Family of governing these permits are removed collection of information subject to the Forms: (1) Weekly production report, from codification. The standards and requirements of the Paperwork estimated at 30 minutes per response; procedures covering issuance of these Reduction Act unless that collection of (2) transfer logs, estimated at 15 minutes permits, and the privileges information displays a currently valid per response; (3) cumulative production accompanying these permits, are OMB Control Number. logs, estimated at 13–26 minutes per described in the FMP, and the relevant OMB approval for the West Coast response, depending on the type of sections are cited in these regulations. Salmon Fisheries PRA collection-of- fishing operation; and (4) start/stop The provisions governing information requirements has expired. reports, estimated at 5 minutes per administration and transfer of existing NMFS is in the process of obtaining response (§ 660.305). permits remain in the codified OMB approval for these requirements. f. Approved under 0648–0305—Gear regulations. The collection of information identification requirements, estimated at No substantive changes were made to requirements of 50 CFR 660.404 and 30 minutes per response (§§ 660.24, the regulations by this reorganization or 660.408 are suspended until such time 660.48, and 660.322). by the removal of duplicative and as OMB approves the collection and g. Approved under 0648–0306— obsolete provisions. notification of the approval is published Vessel identification requirements, in the Federal Register. estimated at 35 minutes per response Revisions to Paperwork Reduction Act The following collection-of- (§§ 660.16 and 660.305). References in 15 CFR 902.1(b) information requirements have already h. Approved under 0648–0307— Section 3507(c)(B)(i) of the PRA been approved by OMB for U.S. fishing Arrangements for placing and adjusting requires that agencies inventory and activities: vessel monitoring system units, 34572 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations estimated at 1 hour per response following entries and corresponding Subpart CÐWestern Pacific Pelagic (§ 660.25). OMB Numbers are removed: ‘‘680.4’’, Fisheries Because this rule makes only ‘‘680.5’’, ‘‘680.6’’, ‘‘680.10’’, ‘‘681.4’’, 660.21 Permits. nonsubstantive changes to existing ‘‘681.5’’, ‘‘681.6’’, ‘‘681.10’’, ‘‘681.24’’, 660.22 Prohibitions. regulations, no useful purpose would be ‘‘681.25’’, ‘‘681.30’’, ‘‘683.4’’, ‘‘683.9’’, 660.23 Notifications. served by providing advance notice and ‘‘683.21’’, ‘‘683.25’’, ‘‘683.27’’, ‘‘683.29’’, 660.24 Gear identification. opportunity for public comment. 660.25 Vessel monitoring system. ‘‘685.4’’, ‘‘685.9’’, ‘‘685.10’’, ‘‘685.11’’, 660.26 Longline fishing prohibited area Accordingly, the Assistant ‘‘685.12’’, ‘‘685.13’’, ‘‘685.14’’, ‘‘685.15’’, management. Administrator for Fisheries, NOAA, ‘‘685.16’’, and ‘‘685.24’’. The following 660.27 Exemptions for longline fishing under 5 U.S.C. 553(b)(B), for good cause new entries are added to the table: prohibited areas; procedures. finds that providing notice and 660.28 Conditions for at-sea observer opportunity for public comment is § 902.1 OMB control numbers assigned coverage. unnecessary. Because this rule is not pursuant to the Paperwork Reduction Act. 660.29 Port privileges and transiting for substantive, it is not subject to a 30-day * * * * * unpermitted U.S. longline vessels. delay in effective date under 5 U.S.C. (b) * * * 660.30 Prohibition of drift gillnetting. 660.31 Framework adjustments to 553(d). Current OMB management measures. List of Subjects CFR part or section where the control num- Subpart DÐWestern Pacific Crustacean information collection require- ber (all num- 15 CFR Part 902 ment is located bers begin Fisheries with 0648±) 660.41 Permits. Reporting and recordkeeping 660.42 Prohibitions. requirements. 660.43 Notifications. 50 CFR Part 661 ***** 660.44 Lobster size and condition 50 CFR restrictions. Fisheries, Fishing, Indians, Reporting 660.45 Closed seasons. and recordkeeping requirements. ***** 660.46 Closed areas. § 660.13 ...... ±0204 660.47 Gear identification. 50 CFR Part 663 § 660.14 ...... ±0214 660.48 Gear restrictions. Fisheries, Fishing, Reporting and § 660.16 ...... ±0306 660.49 At-sea observer coverage. recordkeeping requirements. § 660.17 ...... ±0204 660.50 Harvest limitation program. § 660.21(k) ...... ±0204 660.51 Monk seal protective measures. 50 CFR Part 680 § 660.23 ...... ±0214 660.52 Monk seal emergency protective measures. Fisheries, Fishing, Reporting and § 660.24 ...... ±0305 § 660.25 ...... ±0307 660.53 Framework procedures. recordkeeping requirements. § 660.27 ...... ±0214 660.54 Five-year review. 50 CFR Part 681 § 660.28 ...... ±0214 Subpart EÐBottomfish And Seamount § 660.43 ...... ±0214 Groundfish Fisheries Fisheries, Reporting and § 660.48 ...... 1 ±0214 recordkeeping requirements. § 660.303 ...... ±0271 660.61 Permits. 660.62 Prohibitions. 50 CFR Part 681 § 660.305 ...... ±0306 § 660.322 ...... ±0305 660.63 Notification. Administrative practice and § 660.323 ...... ±0243 660.64 Gear restrictions. procedure, Fisheries, Reporting and § 660.333 ...... ±0203 660.65 At-sea observer coverage. 660.66 Protected species conservation. recordkeeping requirements. 1 And ±0305. 660.67 Framework for regulatory 50 CFR Part 685 adjustments. * * * * * 660.68 Fishing moratorium on Hancock American Samoa, Fisheries, Fishing, 50 CFR CHAPTER VI Seamount. Guam, Hawaiian Natives, Northern 660.69 Management Subareas. Mariana Islands, Reporting and PART 660ÐFISHERIES OFF WEST Subpart FÐPrecious Corals Fisheries recordkeeping requirements. COAST STATES AND IN THE 660.81 Permits. Dated: June 20, 1996. WESTERN PACIFIC 660.82 Prohibitions. Gary Matlock, 3. Part 660 is added to read as follows: 660.83 Seasons. Program Management Officer, National 660.84 Quotas. Marine Fisheries Service. PART 660ÐFISHERIES OFF WEST 660.85 Closures. 660.86 Size restrictions. For the reasons set out in the COAST AND WESTERN PACIFIC 660.87 Area restrictions. preamble, 15 CFR chapter IX and 50 STATES 660.88 Gear restrictions. CFR chapter VI are amended as follows: Subpart AÐGeneral Subpart GÐWest Coast Groundfish 15 CFR CHAPTER IX Sec. 660.301 Purpose and scope. 660.1 Purpose and scope. 660.302 Definitions. PART 902ÐNOAA INFORMATION 660.2 Relation to other laws. 660.303 Reporting and recordkeeping. COLLECTION REQUIREMENTS UNDER 660.3 Reporting and recordkeeping. 660.304 Management areas. THE PAPERWORK REDUCTION ACT: 660.305 Vessel identification. Subpart BÐWestern Pacific FisheriesÐ OMB CONTROL NUMBERS 660.306 Prohibitions. General 660.321 Specifications and management 1. The authority citation for part 902 660.11 Purpose and scope. measures. continues to read as follows: 660.12 Definitions. 660.322 Gear restrictions. Authority: 44 U.S.C. 3501 et seq. 660.13 Permits and fees. 660.323 Catch restrictions. 660.14 Reporting and recordkeeping. 660.324 Pacific Coast treaty Indian 2. In § 902.1, paragraph (b) the table, 660.15 Prohibitions. fisheries. in the entries for 50 CFR in the left 660.16 Vessel identification. 660.331 Limited entry and open access column, in numerical order, the 660.17 Experimental fishing. fisheries—general. Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34573

660.332 Allocations. Figure 2 to Part 660—Length of a Longline required to do so by applicable state law 660.333 Limited entry fishery. Vessel or regulation must make and/or file all 660.334 Limited entry permits—‘‘A’’ Figure 3 to Part 660—Dressed, Head-off reports of management unit species endorsement. Length of Salmon landings containing all data and in the Authority: 16 U.S.C. 1801 et. seq. 660.335 Limited entry permits— exact manner required by applicable ‘‘Provisional A’’ endorsement. 660.336 Limited entry permits—‘‘B’’ Subpart AÐGeneral state law or regulation. endorsement. Subpart BÐWestern Pacific 660.337 Limited entry permits— § 660.1 Purpose and scope. ‘‘designated species B’’ endorsement. (a) The regulations in this part govern FisheriesÐGeneral 660.338 Limited entry permits—new fishing for Western Pacific and West § 660.11 Purpose and scope. permits. Coast fishery management unit species 660.339 Limited entry permit fees. by vessels of the United States that (a) This subpart contains regulations 660.340 Limited entry permit appeals. operate or are based inside the outer that are common to all Western Pacific 660.341 Limited entry permit sanctions. boundary of the EEZ off Western Pacific fisheries managed under fishery management plans prepared by the Subpart HÐWest Coast Salmon Fisheries and West Coast States. Western Pacific Fishery Management 660.401 Purpose and scope. (b) General regulations governing fishing by all vessels of the United Council under the Magnuson Act. 660.402 Definitions. (b) Regulations specific to individual 660.403 Relation to other laws. States and by fishing vessels other than 660.404 Recordkeeping and reporting. vessels of the United States are fisheries are included in subparts C, D, 660.405 Prohibitions. contained in part 600 of this chapter. E, and F of this part. 660.406 Exempted fishing. § 660.12 Definitions. 660.407 Treaty Indian fishing. § 660.2 Relation to other laws. 660.408 Annual actions. NMFS recognizes that any state law In addition to the definitions in the 660.409 Inseason actions. pertaining to vessels registered under Magnuson Act and in § 600.10 of this 660.410 Escapement goals. the laws of that state while operating in chapter, the terms used in subparts B 660.411 Notification and publication the fisheries regulated under this part, through F of this part have the following procedures. and that is consistent with this part and meanings: Tables—Part 660 Bottomfish FMP means the Fishery Table 1 to Part 660—Quotas for Precious the FMPs implemented by this part, shall continue in effect with respect to Management Plan for Bottomfish and Corals Permit Areas Seamount Groundfish of the Western Table 2 to Part 660—Vessel Capacity Ratings fishing activities regulated under this for West Coast Groundfish Limited Entry part. Pacific Region. Permits Bottomfish management area means Figures—Part 660 § 660.3 Reporting and recordkeeping. the areas designated in § 660.69. Figure 1 to Part 660—Carapace Length of Except for fisheries subject to subparts Bottomfish management unit species Lobsters D and F of this part, any person who is means the following fish:

Common name Local name Scientific name

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

NOTES: GÐGuam; HÐHawaii; SÐAmerican Samoa.

Carapace length means a Commercial fishing, as used in Council means the Western Pacific measurement in a straight line from the subpart D of this part, means fishing Fishery Management Council. ridge between the two largest spines with the intent to sell all or part of the Crustaceans FMP means the Fishery above the eyes, back to the rear edge of catch of lobsters. All lobster fishing in Management Plan for Crustacean the carapace of a spiny lobster (see Crustaceans Permit Area 1 is considered Fisheries of the Western Pacific Region. Figure 1 of this part). commercial fishing. 34574 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

Crustaceans management area means (4) Set net, which means a stationary, longline fishing is prohibited as the combined portions of the EEZ buoyed, and anchored gill net. specified in § 660.26. encompassed by Crustaceans Permit (5) Trawl, (see § 600.10). Longline fishing vessel means a vessel Areas 1, 2, and 3. Fishing trip means a period of time that has longline gear on board the Crustaceans management unit species during which fishing is conducted, vessel. means spiny lobster (Panulirus beginning when the vessel leaves port Longline gear means a type of fishing marginatus or Panulirus penicillatus), and ending when the vessel lands fish. gear consisting of a main line that slipper lobster (family Scyllaridae), and Fishing year means the year beginning exceeds 1 nm in length, is suspended Kona crab (Ranina ranina). at 0001 local time on January 1 and horizontally in the water column either Crustaceans Permit Area 1 (Permit ending at 2400 local time on December anchored, floating, or attached to a Area 1) means the EEZ off the 31. vessel, and from which branch or Northwestern Hawaiian Islands. Harvest guideline means a specified dropper lines with hooks are attached; Crustaceans Permit Area 2 (Permit numerical harvest objective. except that, within the protected species Area 2) means the EEZ off the main Hawaii longline limited access permit zone, longline gear means a type of Hawaiian Islands. means the permit required by § 660.21 fishing gear consisting of a main line of Crustaceans Permit Area 3 (Permit to use a vessel to fish for Pacific pelagic any length that is suspended Area 3) means the EEZ of the Territory management unit species with longline horizontally in the water column either of Guam and the EEZ of the Territory of gear in the EEZ around Hawaii or to anchored, floating, or attached to a American Samoa. land or transship longline-caught Pacific Crustaceans receiving vessel means a vessel, and from which branch or pelagic management unit species dropper lines with hooks are attached. vessel of the United States to which shoreward of the outer boundary of the lobster taken in Permit Area 1 are Longline general permit means the EEZ around Hawaii. permit required by § 660.21 to use a transferred from another vessel. Incidental catch or incidental species vessel to fish for Pacific pelagic Dead coral means any precious coral means species caught while fishing for management unit species in the fishery that contains holes from borers or is the primary purpose of catching a management area, excluding the EEZ discolored or encrusted at the time of different species. around Hawaii, or to land or transship removal from the seabed. Interested parties means the State of longline-caught fish shoreward of the EFP means an experimental fishing Hawaii Department of Land and Natural outer boundary of the fishery permit. Resources, the Council, holders of management area, excluding the waters First level buyer means: permits issued under subpart D of this shoreward of the EEZ around Hawaii. (1) The first person who purchases, part, and any person who has notified with the intention to resell, management the Regional Director of his or her Main Hawaiian Islands means the unit species, or portions thereof, that interest in the procedures and decisions islands of the Hawaiian Islands were harvested by a vessel that holds a ° described in §§ 660.51 and 660.52, and Archipelago lying to the east of 161 W. permit or is otherwise regulated under who has specifically requested to be long. subpart D of this part; or Non-precious coral means any species (2) A person who provides considered an ‘‘interested party.’’ Land or landing means offloading fish of coral other than those listed under recordkeeping, purchase, or sales from a fishing vessel, arriving in port to the definition for precious coral in this assistance in the first transaction begin offloading fish, or causing fish to section. involving management unit species be offloaded from a fishing vessel. Non-selective gear means any gear (such as the services provided by a Length overall (LOA) or length of a used for harvesting corals that cannot wholesale auction facility). discriminate or differentiate between Fish dealer means any person who: vessel, as used in § 660.21(i), means the horizontal distance, rounded to the types, size, quality, or characteristics of (1) Obtains, with the intention to living or dead corals. resell, Pacific pelagic management unit nearest foot (with 0.5 ft and above rounded upward), between the foremost Northwestern Hawaiian Islands species, or portions thereof, that were (NWHI) means the islands of the harvested or received by a vessel that part of the stem and the aftermost part of the stern, excluding bowsprits, Hawaiian Islands Archipelago lying to holds a permit or is otherwise regulated the west of 161° W. long. under subpart E of this part; or rudders, outboard motor brackets, and (2) Provides recordkeeping, purchase, similar fittings or attachments (see Offloading means removing or sales assistance in obtaining or Figure 2 of this part). ‘‘Stem’’ is the management unit species from a vessel. selling such management unit species foremost part of the vessel, consisting of Owner, as used in subparts C and D (such as the services provided by a a section of timber or fiberglass, or cast, of this part, means a person who is wholesale auction facility). forged, or rolled metal, to which the identified as the current owner of the Fisheries Management Division (FMD) sides of the vessel are united at the fore vessel as described in the Certificate of means the Chief, Fisheries Management end, with the lower end united to the Documentation (Form CG–1270) issued Division, Southwest Regional Office, keel, and with the bowsprit, if one is by the USCG for a documented vessel, NMFS, or a designee. See Table 1 to present, resting on the upper end. or in a registration certificate issued by § 600.502 for the address of the Regional ‘‘Stern’’ is the aftermost part of the a state or territory or the USCG for an Office. vessel. undocumented vessel. As used in Fishing gear, as used in subpart D of Live coral means any precious coral subpart E and F of this part, owner has this part, includes: that is free of holes from borers, and has the meaning in § 600.10 of this chapter. (1) Bottom trawl, which means a trawl no discoloration or encrustation on the Pacific Area Office means the Pacific in which the otter boards or the footrope skeleton at the time of removal from the Area Office, Southwest Region, NMFS, of the net are in contact with the sea seabed. located in Honolulu, HI. The address bed. Lobster closed area means an area of and phone number may be obtained (2) Gillnet, (see § 600.10). the EEZ that is closed to fishing for from the Regional Director whose (3) Hook-and-line, which means one lobster. address is in Table 1 to § 600.502. or more hooks attached to one or more Longline fishing prohibited area Pacific pelagic management unit lines. means the portions of the EEZ in which species means the following fish: Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34575

Common name Scientific name (iv) 180 Fathom Bank, Permit Area C– Where the areas are not contiguous, B–4, N.W. of Kure Atoll, includes the parallel lines drawn tangent to and Mahimahi (dolphin Coryphaena spp. area within a radius of 2.0 nm of a point connecting those semi-circles of the 50- fish). at 28°50.2′ N. lat., 178°53.4′ W. long. nm areas that lie between Nihoa Island Marlin and spearfish Makaira spp. (3) Refugia. Westpac Bed, Permit Area and Necker Island, French Frigate Tetrapturus spp. R–1, includes the area within a radius Shoals and Gardner Pinnacles, Gardner Oceanic sharks ...... Family Alopiidae. of 2.0 nm of a point at 28°50.2′ N. lat., Pinnacles and Maro Reef, and Lisianski Family 162°35.0′ W. long. Carcharhinidae. Island and Pearl and Hermes Reef, shall Family Lamnidae. (4) Exploratory areas. (1) Permit Area delimit the remainder of the protected Family Sphyrnidae. X–P–H includes all coral beds, other species zone. Sailfish ...... Istiophorus than established beds, conditional beds, Qualifying landing means a landing platypterus. or refugia, in the EEZ seaward of the that meets a standard required for Swordfish ...... Xiphias gladius. State of Hawaii. permit eligibility under § 660.61. Tuna and related spe- Allothunnus spp., (ii) Permit Area X–P–AS includes all (1) Permit renewal. A qualifying cies. Auxis spp. coral beds, other than established beds, landing for permit renewal under Euthynnus spp., conditional beds, or refugia, in the EEZ § 660.61(e) is a landing that contained Gymnosarda spp. seaward of American Samoa. 2,500 lb (1,134 kg) of bottomfish from Katsuwonus spp., (iii) Permit Area X–P–G includes all the NWHI or a landing of at least 2,500 Scomber spp. coral beds, other than established beds, lb (1,134 kg) of fish from the NWHI, of Thunnus spp. conditional beds, or refugia, in the EEZ Wahoo ...... Acanthocybium which at least 50 percent by weight was solandri. seaward of Guam. bottomfish. (iv) Permit Area X–P–PI includes all (2) New access eligibility points. A coral beds, other than established beds, Pelagics FMP means the Fishery qualifying landing for eligibility points conditional beds, or refugia, in the EEZ Management Plan for Pelagic Species under § 660.61(g) is any landing of seaward of the U.S. Pacific Island Fisheries of the Western Pacific Region. bottomfish from the NWHI, regardless of possessions. Precious coral means any coral of the weight, if made on or before August 7, Protected species means an animal genus Corallium in addition to the 1985; or a landing of at least 2,500 lb protected under the MMPA, listed following species of corals: (1,134 kg) of bottomfish lawfully under the ESA, or subject to the harvested from the NWHI, or a landing Common name Scientific name Migratory Bird Treaty Act, as amended. of at least 2,500 lb (1,134 kg) of fish Protected species study zones means lawfully harvested from the NWHI, of Pink coral (also Corallium secundum. the waters within a specified distance, which at least 50 percent by weight was known as red coral). designated by the Regional Director bottomfish, if made after August 7, Pink coral (also Corallium regale. pursuant to § 660.66, around the 1985. known as red coral). following islands of the NWHI and as Receiving vessel permit means a Pink coral (also Corallium laauense. measured from the following permit required by § 660.21(c) for a known as red coral). ° ′ coordinates: Nihoa Island 23 05 N. lat., receiving vessel to transship or land Gold coral ...... Gerardia spp. ° ′ ° ′ 161 55 W. long.; Necker Island 23 35 Pacific pelagic management unit species Gold coral ...... Callogorgia gilberti. ° ′ N. lat., 164 40 W. long.; French Frigate taken by other vessels using longline Gold coral ...... Narella spp. ° ′ ° ′ Shoals 23 45 N. lat., 166 15 W. long.; gear. Gold coral ...... Calyptrophora spp. ° ′ ° ′ Bamboo coral ...... Lepidisis olapa. Gardner Pinnacles 25 00 N. lat., 168 00 Regional Director means the Director, Bamboo coral ...... Acanella spp. W. long.; Maro Reef 25°25′ N. lat., Southwest Region, NMFS (see Table 1 of Black coral ...... Antipathes dichotoma. 170°35′ W. long.; Laysan Island 25°45′ § 600.502 for address). Black coral ...... Antipathes grandis. N. lat., 171°45′ W. long.; Lisianski Seamount groundfish means the Black coral ...... Antipathes ulex. Island 26°00′ N. lat., 173°55′ W. long.; following species: Pearl and Hermes Reef 27°50′ N. lat., Precious coral permit area means the 175°50′ W. long.; Midway Island 28°14′ Common name Scientific name area encompassing the precious coral N. lat., 177°22′ W. long.; and Kure beds in the management area. Each bed Island 28°25′ N. lat., 178°20′ W. long. Armorhead ...... Pentaceros is designated by a permit area code and The protected species study zones richardsoni. assigned to one of the following four Alfonsin ...... Beryx splendens. encompasses waters within 50 nm of the Raftfish ...... Hyperoglyphe japon- categories: geographical coordinates listed above. ica. (1) Established beds. Makapuu Protected species zone means an area, (Oahu), Permit Area E–B–1, includes the designated under § 660.26, measured Selective gear means any gear used for area within a radius of 2.0 nm of a point from the center geographical positions harvesting corals that can discriminate ° ′ ° ′ at 21 18.0 N. lat., 157 35.5 W. long. of certain islands and reefs in the or differentiate between type, size, (2) Conditional beds. (i) Keahole Point NWHI, as follows: Nihoa Island 23°05′ quality, or characteristics of living or (Hawaii), Permit Area C–B–1, includes N. lat., 161°55′ W. long.; Necker Island dead corals. the area within a radius of 0.5 nm of a 23°35′ N. lat., 164°40′ W. long.; French Special Agent-In-Charge (SAC) means point at 19°46.0′ N. lat., 156°06.0′ W. Frigate Shoals 23°45′ N. lat., 166°15′ W. the Special Agent-In-Charge, NMFS, long. long; Gardner Pinnacles 25°00′ N. lat., Office of Enforcement, Southwest (ii) Kaena Point (Oahu), Permit Area 168°00′ W. long.; Maro Reef 25°25′ N. Region, or a designee of the Special C–B–2, includes the area within a radius lat., 170°35′ W. long.; Laysan Island Agent-In-Charge. of 0.5 nm of a point at 21°35.4′ N. lat., 25°45′ N. lat., 171°45′ W. long; Lisianski Transship means offloading or 158°22.9′ W. long. Island 26°00′ N. lat., 173°55′ W. long.; otherwise transferring management unit (iii) Brooks Bank, Permit Area C–B–3, Pearl and Hermes Reef 27°50′ N. lat., species or products thereof to a includes the area within a radius of 2.0 175°50′ W. long.; Midway Islands 28°14′ receiving vessel. nm of a point at 24°06.0′ N. lat., N. lat., 177°22′ W. long.; and Kure Trap means a box-like device used for 166°48.0′ W. long. Island 28°25′ N. lat., 178°20′ W. long. catching and holding lobsters. 34576 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

U.S. harvested corals means coral NOAA Finance Handbook, available vessel an accurate and complete NMFS caught, taken, or harvested by vessels of from the Regional Director, for transshipment logbook containing the United States within any fishery for determining the administrative costs of report forms provided by the Regional which a fishery management plan has each special product or service. The fee Director. All information specified on been implemented under the Magnuson may not exceed such costs and is the forms must be recorded on the forms Act. specified with each application form. within 24 hours of the day of Vessel monitoring system unit (VMS The appropriate fee must accompany transshipment. The original logbook unit) means the hardware and software each application. Failure to pay the fee form for each day of transshipment equipment owned by NMFS, installed will preclude issuance of a Hawaii activity must be submitted to the on vessels by NMFS, and required by longline limited access permit. Regional Director within 72 hours of subpart C of this part to track and (g) Expiration. Permits issued under each landing of management unit transmit the positions from longline this subpart will remain valid for the species. Each form must be signed and fishing vessels. period specified on the permit unless dated by the receiving vessel operator. transferred, revoked, suspended, or (c) Sales report. The operator of any § 660.13 Permits and fees. modified under 15 CFR part 904. fishing vessel subject to the (a) Applicability. The requirements for (h) Replacement. Replacement requirements of § 660.41 must submit to permits for specific Western Pacific permits may be issued, without charge, the Regional Director, within 72 hours fisheries are set forth in subparts C to replace lost or mutilated permits. An of offloading of crustaceans through F of this part. application for a replacement permit is management unit species, an accurate (b) Validity. Each permit is valid for not considered a new application. and complete sales report on a form fishing only in the specific fishery (i) Transfer. An application for a provided by the Regional Director. The management areas identified on the permit transfer as allowed under form must be signed and dated by the permit. § 660.21(h), § 660.41(e), or § 660.61(c) fishing vessel operator. (c) Application. (1) A Southwest and (d) must be submitted to the Pacific (d) Packing or weigh-out slips. The Region Federal Fisheries application Area Office as described in paragraph operator of any fishing vessel subject to form may be obtained from the Pacific (c) of this section. the requirements of § 660.41 must attach Area Office to apply for a permit to (j) Alteration. Any permit that has packing or weighout slips provided to operate in any of the fisheries regulated been altered, erased, or mutilated is the operator by the first-level buyer(s), under subparts C, D, E, and F of this invalid. unless the packing or weighout slips part. In no case shall the Pacific Area (k) Display. Any permit issued under have not been provided in time by the Office accept an application that is not this subpart, or a facsimile of the permit, buyer(s). on the Southwest Region Federal must be on board the vessel at all times (e) Modification of reporting and Fisheries application form. A completed while the vessel is fishing for, taking, recordkeeping requirements. The application is one that contains all the retaining, possessing, or landing Regional Director may, after necessary information, attachments, management unit species shoreward of consultation with the Council, initiate certifications, signatures, and fees the outer boundary of the fishery rulemaking to modify the information to required. management area. Any permit issued be provided on the fishing record forms, (2) A minimum of 15 days should be under this section must be displayed for transshipment logbook, and sales report allowed for processing a permit inspection upon request of an forms and timeliness by which the application. If an incomplete or authorized officer. information is to be provided, including improperly completed application is (l) Sanctions. Procedures governing the submission of packing or weighout filed, the applicant will be sent a notice sanctions and denials are found at slips. of deficiency. If the applicant fails to subpart D of 15 CFR part 904. (f) Availability of records for correct the deficiency within 30 days (m) Permit appeals. Procedures for inspection. (1) Pacific pelagic following the date of notification, the appeals of permit and administrative management unit species. Upon request, application will be considered actions are specified in the relevant any fish dealer must immediately abandoned. subparts of this part. provide an authorized officer access for (d) Change in application inspecting and copying all records of information. A minimum of 10 days § 660.14 Reporting and recordkeeping. purchases, sales, or other transactions should be given for the Pacific Area (a) Fishing record forms. The operator involving Pacific pelagic management Office to record any change in of any fishing vessel subject to the unit species taken or handled by information from the permit application requirements of §§ 660.21, 660.41, or longline vessels that have permits submitted under paragraph (c) of this 660.81 must maintain on board the issued under this subpart or that are section. Failure to report such changes vessel an accurate and complete record otherwise subject to subpart C of this may result in invalidation of the permit. of catch, effort, and other data on report part, including, but not limited to, (e) Issuance. After receiving a forms provided by the Regional information concerning: complete application, the FMD will Director. All information specified on (i) The name of the vessel involved in issue a permit to an applicant who is the forms must be recorded on the forms each transaction and the owner or eligible under § 660.21, § 660.41, within 24 hours after the completion of operator of the vessel. § 660.61, or § 660.81, as appropriate. each fishing day. The original logbook (ii) The weight, number, and size of (f) Fees. (1) No fee is required for a form for each day of the fishing trip each species of fish involved in each permit issued under subparts D, E, and must be submitted to the Regional transaction. F of this part. Director within 72 hours of each landing (iii) Prices paid by the buyer and (2) A fee is charged for each of management unit species. Each form proceeds to the seller in each application for a Hawaii longline must be signed and dated by the fishing transaction. limited access permit (including permit vessel operator. (2) Crustaceans management unit transfers and permit renewals). The (b) Transshipment logbooks. Any species. Upon request, any first-level amount of the fee is calculated in person subject to the requirements of buyer must immediately allow an accordance with the procedures of the § 660.21(c) must maintain on board the authorized officer and any employee of Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34577

NMFS designated by the Regional observer under §§ 660.17, 660.28, (3) A statement of the purposes and Director, to access, inspect, and copy all 660.49, or 660.65. goals of the experiment for which an records described in paragraph (a) of (j) Refuse to make accommodations EFP is needed, including a general this section relating to crustacean available for an observer when so description of the arrangements for management unit species taken by directed by the Regional Director under disposition of all species harvested vessels that have permits issued under § 660.28, § 660.49, or § 660.65, or under under the EFP. this subpart or that are otherwise subject any provision in an EFP issued under (4) A statement of whether the to subpart D of this part. § 660.17. proposed experimental fishing has (3) Bottomfish and seamount (k) Fail to notify officials as required broader significance than the applicant’s groundfish management unit species. in §§ 660.23, 660.28, 660.43, and 660.63. individual goals. Any person who is required by state (5) For each vessel to be covered by laws and regulations to maintain § 660.16 Vessel identification. the EFP: records of landings and sales for vessels (a) Each fishing vessel subject to this (i) Vessel name. regulated by this subpart and subpart E subpart must display its official number (ii) Name, address, and telephone of this part must make those records on the port and starboard sides of the number of owner and operator. immediately available for Federal deckhouse or hull, and on an (iii) USCG documentation, state inspection and copying upon request by appropriate weather deck, so as to be license, or registration number. an authorized officer. visible from enforcement vessels and (iv) Home port. (g) State reporting. Any person who aircraft. (v) Length of vessel. has a permit under §§ 660.21 or 660.61 (b) The official number must be (vi) Net tonnage. and who is required by state laws and affixed to each vessel subject to this (vii) Gross tonnage. regulations to maintain and submit subpart and subparts C, D, E, and F of (6) A description of the species records of landings and sales for vessels this part, in block Arabic numerals at (directed and incidental) to be harvested regulated by subparts C and E of this least 18 inches (45.7 cm) in height for under the EFP and the amount of such part must maintain and submit those fishing and receiving vessels of 65 ft harvest necessary to conduct the records in the exact manner required by (19.8 m) LOA or longer, and at least 10 experiment. state laws and regulations. inches (25.4 cm) in height for all other (7) For each vessel covered by the vessels, except vessels subject to EFP, the approximate times and places § 660.15 Prohibitions. Subpart F and 65 ft (19.8 m) LOA or fishing will take place, and the type, In addition to the prohibitions in longer must be marked in block Arabic size, and amount of gear to be used. § 600.725 of this chapter, it is unlawful numerals at least 14 inches (35.6 cm) in (8) The signature of the applicant. for any person to: height. Marking must be legible and of (d) Incomplete applications. The (a) Engage in fishing without a valid a color that contrasts with the Regional Director may request from an permit or facsimile of a valid permit on background. applicant additional information board the vessel and available for (c) The vessel operator must ensure necessary to make the determinations inspection by an authorized officer, that the official number is clearly legible required under this section. An when a permit is required under and in good repair. applicant will be notified of an § 660.13 or § 660.17, unless the vessel (d) The vessel operator must ensure incomplete application within 10 was at sea when the permit was issued that no part of the vessel, its rigging, or working days of receipt of the under § 660.13, in which case the its fishing gear obstructs the view of the application. An incomplete application permit must be on board the vessel official number from an enforcement will not be considered until corrected in before its next trip. vessel or aircraft. writing. (b) File false information on any (e) Issuance. (1) If an application application for a fishing permit under § 660.17 Experimental fishing. contains all of the required information, § 660.13 or an EFP under § 660.17. (a) General. The Regional Director NMFS will publish a notice of receipt of (c) Fail to file reports in the exact may authorize, for limited purposes, the the application in the Federal Register manner required by any state law or direct or incidental harvest of with a brief description of the proposal regulation, as required in § 660.14. management unit species that would and will give interested persons an (d) Falsify or fail to make, keep, otherwise be prohibited by this subpart opportunity to comment. The Regional maintain, or submit any logbook or and subparts C, D, E, and F of this part. Director will also forward copies of the logbook form or other record or report No experimental fishing may be application to the Council, the USCG, required under §§ 660.14 and 660.17. conducted unless authorized by an EFP and the fishery management agency of (e) Refuse to make available to an issued by the Regional Director in the affected state, accompanied by the authorized officer or a designee of the accordance with the criteria and following information: Regional Director for inspection or procedures specified in this section. (i) The current utilization of domestic copying, any records that must be made EFPs will be issued without charge. annual harvesting and processing available in accordance with § 660.14. (b) Observers. No experimental fishing capacity (including existing (f) Fail to affix or maintain vessel or for crustacean management unit species experimental harvesting, if any) of the gear markings, as required by §§ 660.16, may be conducted unless an NMFS directed and incidental species for 660.24, and 660.47. scientific observer is aboard the vessel. which an EFP is being requested. (g) Violate a term or condition of an (c) Application. An applicant for an (ii) A citation of the regulation or EFP issued under § 660.17. EFP must submit to the Regional regulations that, without the EFP, would (h) Fail to report any take of or Director at least 60 days before the prohibit the proposed activity. interaction with protected species as desired date of the EFP a written (iii) Biological information relevant to required by § 660.17(k). application including, but not limited the proposal. (i) Fish without an observer on board to, the following information: (2) At a Council meeting following the vessel after the owner or agent of the (1) The date of the application. receipt of a complete application, the owner has been directed by NMFS to (2) The applicant’s name, mailing Regional Director will consult with the make accommodations available for an address, and telephone number. Council and the Director of the affected 34578 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations state fishery management agency (vii) Such other conditions as may be (b) A fishing vessel of the United concerning the permit application. The necessary to assure compliance with the States must be registered for use under applicant will be notified in advance of purposes of the EFP consistent with the a Hawaii longline limited access permit the meeting at which the application objectives of the FMP. if that vessel is used: will be considered, and invited to (f) Duration. Unless otherwise (1) To fish for Pacific pelagic appear in support of the application, if specified in the EFP or a superseding management unit species using longline the applicant desires. notice or regulation, an EFP is effective gear in the EEZ around Hawaii; or (3) Within 5 working days after the for no longer than 1 year, unless (2) To land or transship, shoreward of consultation in paragraph (e)(2) of this revoked, suspended, or modified. EFPs the outer boundary of the EEZ around section, or as soon as practicable may be renewed following the Hawaii, Pacific pelagic management thereafter, NMFS will notify the application procedures in this section. unit species that were harvested with applicant in writing of the decision to (g) Alteration. Any EFP that has been longline gear. grant or deny the EFP and, if denied, the altered, erased, or mutilated is invalid. (c) A receiving vessel must be reasons for the denial. Grounds for (h) Transfer. EFPs issued under registered for use with a receiving vessel denial of an EFP include, but are not subparts B through F of this part are not permit if that vessel is used to land or limited to, the following: transferable or assignable. An EFP is transship, shoreward of the outer (i) The applicant has failed to disclose valid only for the vessel(s) for which it boundary of the fishery management material information required, or has is issued. area, Pacific pelagic management unit made false statements as to any material (i) Inspection. Any EFP issued under species that were harvested with fact, in connection with his or her subparts B through F of this part must longline gear. application. be carried aboard the vessel(s) for which (d) Any required permit must be on (ii) According to the best scientific it was issued. The EFP must be board the vessel and available for information available, the harvest to be presented for inspection upon request of inspection by an authorized agent, conducted under the permit would any authorized officer. except that if the permit was issued detrimentally affect any species of fish (j) Sanctions. Failure of the holder of while the vessel was at sea, this in a significant way. an EFP to comply with the terms and requirement applies only to any (iii) Issuance of the EFP would conditions of an EFP, the provisions of subsequent trip. inequitably allocate fishing privileges subparts A through F of this part, any (e) A permit is valid only for the among domestic fishermen or would other applicable provision of this part, vessel for which it is registered. A have economic allocation as its sole the Magnuson Act, or any other permit not registered for use with a purpose. regulation promulgated thereunder, is particular vessel may not be used. (f) An application for a permit (iv) Activities to be conducted under grounds for revocation, suspension, or required under this section will be the EFP would be inconsistent with the modification of the EFP with respect to submitted to the Pacific Area Office as intent of this section or the management all persons and vessels conducting described in§ 660.13. objectives of the FMP. activities under the EFP. Any action (g) General requirements governing (v) The applicant has failed to taken to revoke, suspend, or modify an application information, issuance, fees, demonstrate a valid justification for the EFP will be governed by 15 CFR part expiration, replacement, transfer, permit. 904 subpart D. Other sanctions available alteration, display, and sanctions for (vi) The activity proposed under the under the statute will be applicable. permits issued under this section, as EFP would create a significant (k) Protected species. Persons fishing applicable, are contained in § 660.13. enforcement problem. under an EFP must report any incidental take or fisheries interaction (h) A limited access permit may be (4) The decision to grant or deny an transferred as follows: EFP is final and unappealable. If the with protected species on a form provided for that purpose. Reports must (1) The owner of a Hawaii longline permit is granted, NMFS will publish a limited access permit may apply to notice in the Federal Register be submitted to the Regional Director within 3 days of arriving in port. transfer the permit: describing the experimental fishing to (i) To a different person for be conducted under the EFP. The Subpart CÐWestern Pacific Pelagic registration for use with the same or Regional Director may attach terms and Fisheries another vessel; or conditions to the EFP consistent with (ii) For registration for use with the purpose of the experiment § 660.21 Permits. another U.S. vessel under the same including, but not limited to: (a) A fishing vessel of the United ownership. (i) The maximum amount of each States must be registered for use under (2) An application for a permit species that can be harvested and a Hawaii longline limited access permit transfer will be submitted to the Pacific landed during the term of the EFP, or a longline general permit if that Area Office as described in § 660.13(c). including trip limits, where appropriate. vessel is used: (i) A Hawaii longline limited access (ii) The number, sizes, names, and (1) To fish for Pacific pelagic permit will not be registered for use identification numbers of the vessels management unit species using longline with a vessel that has a LOA greater authorized to conduct fishing activities gear in the EEZ around American than 101 ft (30.8 m). under the EFP. Samoa, Guam, the Northern Mariana (j) Only a person eligible to own a (iii) The times and places where Islands, or other U.S. island possessions documented vessel under the terms of experimental fishing may be conducted. in the Pacific Ocean; or 46 U.S.C. 12102(a) may be issued or (iv) The type, size, and amount of gear (2) To land or transship, shoreward of may hold (by ownership or otherwise) a which may be used by each vessel the outer boundary of the EEZ around Hawaii longline limited access permit. operated under the EFP. American Samoa, Guam, the Northern (k) Except as provided in subpart D of (v) The condition that observers be Mariana Islands, or other U.S. island 15 CFR part 904, any applicant for a carried aboard vessels operating under possessions in the Pacific Ocean, Pacific permit or any permit owner may appeal an EFP. pelagic management unit species that to the Regional Director the granting, (vi) Data reporting requirements. were harvested with longline gear. denial, conditioning, suspension, or Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34579 transfer of a permit or requested permit from the appellant stating the reason(s) facilitate the details of observer under this section. To be considered by therefor. placement. the Regional Director, the appeal will be (m) Fish in the fishery after failing to in writing, will state the action(s) § 660.22 Prohibitions. comply with the notification appealed, and the reasons therefor, and In addition to the general prohibitions requirements in § 660.23. will be submitted within 30 days of the specified in § 600.725 of this chapter, it (n) Use a U.S. vessel that has longline action(s) by the FMD. The appellant is unlawful for any person to do any of gear on board and that does not have a may request an informal hearing on the the following: valid Hawaii longline limited access appeal. (a) Fish for Pacific pelagic permit registered for use with that (1) Upon receipt of an appeal management unit species using gear vessel or a valid longline general permit authorized by this section, the Regional prohibited under § 660.30 or not registered for use with that vessel to Director may request additional permitted by an EFP issued under land or transship Pacific pelagic information. Upon receipt of sufficient § 660.17. management unit species shoreward of information, the Regional Director will (b) Falsify or fail to make and/or file the outer boundary of the EEZ around decide the appeal in accordance with all reports of Pacific pelagic American Samoa, Guam, the Northern the criteria set out in this part and in the management unit species landings, Mariana Islands, or U.S. possessions in Fishery Management Plans prepared by containing all data and in the exact the Pacific Ocean area. the Council, as appropriate, based upon manner, as required by applicable state (o) Use a U.S. vessel that has longline information relative to the application law or regulation, as specified in gear on board and that does not have a on file at NMFS and the Council and § 660.3, provided that the person is valid Hawaii longline limited access any additional information available; required to do so by applicable state law permit registered for use with that the summary record kept of any hearing or regulation. vessel to land or transship Pacific (c) Use a longline vessel without a and the hearing officer’s recommended pelagic management unit species valid longline general permit or a decision, if any, as provided in shoreward of the outer boundary of the Hawaii longline limited access permit paragraph (k)(3) of this section; and EEZ around Hawaii. registered for use with that vessel, to such other considerations as deemed (p) Enter the EEZ around Hawaii with fish for Pacific pelagic management unit appropriate. The Regional Director will longline gear that is not stowed or species in the EEZ around American notify the appellant of the decision and secured in accordance with § 660.29, if Samoa, Guam, the Northern Mariana the reasons therefor, in writing, operating a U.S. vessel without a valid Islands, or U.S. possessions in the normally within 30 days of the receipt Hawaii longline limited access permit Pacific Ocean area. of sufficient information, unless registered for use with that vessel. additional time is needed for a hearing. (d) Use a longline fishing vessel (q) Enter the EEZ around American (2) If a hearing is requested, or if the without a valid Hawaii longline limited Samoa, Guam, the Northern Mariana Regional Director determines that one is access permit registered for use with Islands, or U.S. possessions in the appropriate, the Regional Director may that vessel to fish for Pacific pelagic Pacific Ocean area with longline gear grant an informal hearing before a management unit species in the EEZ that is not stowed or secured in hearing officer designated for that around Hawaii. purpose. Such a hearing normally shall (e) Use a receiving vessel without a accordance with § 660.29, if operating a be held no later than 30 days following valid receiving vessel permit registered U.S. vessel without a valid Hawaii receipt of the appeal, unless the hearing for use with that vessel to land or longline limited access permit registered officer extends the time. The appellant transship, shoreward of the outer for use with that vessel or a longline and, at the discretion of the hearing boundary of the fishery management general permit registered for use with officer, other interested persons, may area, Pacific pelagic management unit that vessel. appear personally or be represented by species harvested with longline gear. (r) Fail to carry a VMS unit as counsel at the hearing and submit (f) Transfer a permit in violation of required under § 660.25. information and present arguments as § 660.21(h). (s) Interfere with, tamper with, alter, determined appropriate by the hearing (g) Fish for Pacific pelagic damage, disable, or impede the officer. Within 30 days of the last day management unit species with longline operation of a VMS unit or to attempt of the hearing, the hearing officer shall gear within the protected species zone any of the same; or to move or remove recommend, in writing, a decision to the in the NWHI. a VMS unit without the prior Regional Director. (h) Fail to notify the NMFS Southwest permission of the SAC. (3) The Regional Director may adopt Enforcement Office of intent to enter or (t) Make a false statement, oral or the hearing officer’s recommended depart the protected species zone, as written, to an authorized officer, decision, in whole or in part, or may required under § 660.23(b). regarding the use, operation, or reject or modify it. In any event, the (i) Fish with longline gear within a maintenance of a VMS unit. Regional Director will notify the longline fishing prohibited area, except (u) Fish for, catch, or harvest Pacific appellant, and interested persons, if as allowed pursuant to an exemption pelagic management unit species with any, of the decision, and the reason(s) issued under § 660.17 or § 660.17. longline gear without a VMS unit on therefor, in writing, within 30 days of (j) Fail to comply with notification board the vessel after installation of the receipt of the hearing officer’s requirements set forth in § 660.23 or in VMS unit by NMFS. recommended decision. The Regional any EFP issued under § 660.17. (v) Possess on board a vessel without Director’s action shall constitute final (k) Fail to comply with a term or a VMS unit Pacific pelagic management Agency action for the purposes of the condition governing the observer unit species harvested with longline APA. program established in § 660.28. gear after NMFS has installed the VMS (4) Any time limit prescribed in this (l) Fail to comply with other terms unit on the vessel. section may be extended for a period and conditions that the Regional (w) Interfere with, impede, delay, or not to exceed 30 days by the Regional Director imposes by written notice to prevent the installation, maintenance, Director for good cause, either upon his/ either the permit holder or the repair, inspection, or removal of a VMS her own motion or upon written request designated agent of the permit holder to unit. 34580 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(x) Interfere with, impede, delay, or unclaimed or abandoned property, and is the portion of the EEZ seaward of prevent access to a VMS unit by a may be disposed of in any manner Hawaii bounded by straight lines NMFS observer. considered appropriate by NMFS or an connecting the following coordinates in (y) Connect or leave connected authorized officer. the order listed: additional equipment to a VMS unit without the prior approval of the SAC. § 660.25 Vessel monitoring system. Point N. lat. DW. long. (a) VMS unit. Only a VMS unit owned § 660.23 Notifications. by NMFS and installed by NMFS A ...... 18°05′ 155°40′ ° ′ ° ′ (a) The permit holder for a fishing complies with the requirement of this B ...... 18 20 156 25 vessel subject to the requirements of this C ...... 20°00′ 157°30′ subpart. ° ′ ° ′ subpart, or an agent designated by the D ...... 20 40 161 40 (b) Notification. After a Hawaii E ...... 21°40′ 161°55′ permit holder, shall provide a notice to longline limited access permit holder F ...... 23°00′ 161°30′ the Regional Director at least 72 hours has been notified by the SAC of a G ...... 23°05′ 159°30′ (not including weekends and Federal specific date for installation of a VMS H ...... 22°55′ 157°30′ holidays) before the vessel leaves port unit in the permit holder’s vessel, the I ...... 21°30′ 155°30′ on a fishing trip, any part of which vessel must carry the VMS unit after the J ...... 19°50′ 153°50′ occurs in the EEZ around Hawaii. The date scheduled for installation. K ...... 19°00′ 154°05′ ° ′ ° ′ vessel operator will be presumed to be (c) Fees and charges. During the A ...... 18 05 155 40 an agent designated by the permit experimental VMS program, a Hawaii holder unless the Regional Director is longline limited access permit holder (2) From October 1 through the otherwise notified by the permit holder. shall not be assessed any fee or other following January 31 each year, the The notice must be provided to the charges to obtain and use a VMS unit, longline fishing prohibited area around office or telephone number designated including the communication charges the main Hawaiian Islands is the by the Regional Director. The notice related directly to requirements under portion of the EEZ seaward of Hawaii must provide the official number of the this section. Communication charges bounded by straight lines connecting vessel, the name of the vessel, the related to any additional equipment the following coordinates in the order intended departure date, time, and attached to the VMS unit by the owner listed: location, the name of the operator of the or operator shall be the responsibility of Point N. lat. W. long. vessel, and the name and telephone the owner or operator and not NMFS. number of the agent designated by the (d) Permit holder duties. The holder A ...... 18°05′ 155°40′ permit holder to be available between of a Hawaii longline limited access L ...... 18°25′ 155°40′ 8:00 a.m. to 5 p.m. (Hawaii time) on permit and the master of the vessel M ...... 19°00′ 154°45′ weekdays for NMFS to contact to operating under the permit must: N ...... 19°15′ 154°25′ arrange observer placement. (1) Provide opportunity for the SAC to O ...... 19°40′ 154°20′ (b) The operator of any vessel subject install and make operational a VMS unit P ...... 20°20′ 154°55′ to the requirements of this subpart who Q ...... 20°35′ 155°30′ after notification. ° ′ ° ′ does not have on board a VMS unit (2) Carry the VMS unit on board R ...... 21 00 155 35 S ...... 22°30′ 157°35′ while transiting the protected species whenever the vessel is at sea. T ...... 22°40′ 159°35′ zone as defined in § 660.12, must notify (3) Not remove or relocate the VMS U ...... 22°25′ 160°20′ the NMFS Southwest Enforcement unit without prior approval from the V ...... 21°55′ 160°55′ Office (see part 600 for address of SAC. W ...... 21°40′ 161°00′ Regional Director) immediately upon (e) Authorization by the SAC. The E ...... 21°40′ 161°55′ entering and immediately upon SAC has authority over the installation D ...... 20°40′ 161°40′ departing the protected species zone. and operation of the VMS unit. The SAC C ...... 20°00′ 157°30′ The notification must include the name may authorize the connection or order B ...... 18°20′ 156°25′ ° ′ ° ′ of the vessel, name of the operator, date the disconnection of additional A ...... 18 05 155 40 and time (GMT) of access or exit from equipment, including a computer, to (d) Guam. The longline fishing the protected species zone, and location any VMS unit when deemed prohibited area around Guam is the by latitude and longitude to the nearest appropriate by the SAC. waters seaward of Guam bounded by minute. § 660.26 Longline fishing prohibited area straight lines connecting the following § 660.24 Gear identification. management. coordinates in the order listed: (a) Identification. The operator of each (a) Prohibited areas. Longline fishing permitted vessel in the fishery shall be prohibited in the longline Point N. lat. E. long. fishing prohibited areas as defined in management area must ensure that the A ...... 14°25′ 144°00′ official number of the vessel be affixed paragraphs (b), (c), and (d) of this B ...... 14°00′ 143°38′ to every longline buoy and float, section. C ...... 13°41′ 144°33′30′′ including each buoy and float that is (b) Longline protected species zone. D ...... 13°00′ 143°25′30′′ attached to a radar reflector, radio The protected species zone is 50 nm E ...... 12°20′ 143°37′ antenna, or flag marker, whether from the center geographical positions F ...... 11°40′ 144°09′ attached to a deployed longline or of Nihoa Island, Necker Island, French G ...... 12°00′ 145°00′ Frigate Shoals, Gardner Pinnacles, Maro H ...... 13°00′ 145°42′ possessed on board the vessel. Markings ° ′ ° ′ must be legible and permanent, and Reef, Laysan Island, Lisianski Island, I ...... 13 27 145 51 must be of a color that contrasts with Pearl and Hermes Reef, Midway Islands, the background material. and Kure Island, as defined in § 660.12. § 660.27 Exemptions for longline fishing (b) Enforcement action. Longline gear (c) Main Hawaiian Islands. (1) From prohibited areas; procedures. not marked in compliance with February 1 through September 30 each (a) An exemption permitting a person paragraph (a) of this section and found year, the longline fishing prohibited to use longline gear to fish in a deployed in the EEZ will be considered area around the main Hawaiian Islands portion(s) of the Hawaii longline fishing Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34581 prohibited area will be issued to a longline area closure, and will consider (e) A permit holder must person who can document that he or recommendations of the Pelagic accommodate a NMFS observer she: Advisory Review Board to assess assigned under these regulations. The (1) Currently owns a Hawaii longline whether exemptions under this section Regional Director’s office, and not the limited access permit issued under this should continue to be allowed, and, if observer, will address any concerns part and registered for use with his or appropriate, revise the qualifying raised over accommodations. her vessel. criteria in paragraph (a) of this section (f) The permit holder, vessel operator, (2) Before 1970, was the owner or to permit additional exemptions. and crew must cooperate with the operator of a vessel when that vessel (1) If additional exemptions are observer in the performance of the landed Pacific pelagic management unit needed, the Council will advise the observer’s duties, including: species taken on longline gear in an area Regional Director in writing of its (1) Allowing for the embarking and that is now within the Hawaii longline recommendation, including criteria by debarking of the observer. fishing prohibited area. which financial hardships will be (2) Allowing the observer access to all (3) Was the owner or operator of a mitigated, while retaining the areas of the vessel necessary to conduct vessel that landed Pacific pelagic effectiveness of the longline fishing observer duties. management unit species taken on prohibited area. (3) Allowing the observer access to longline gear in an area that is now (2) Following a review of the communications equipment and within the Hawaii longline fishing Council’s recommendation and navigation equipment as necessary to prohibited area, in at least 5 calendar supporting rationale, the Regional perform observer duties. years after 1969, which need not be Director may: (4) Allowing the observer access to consecutive. (i) Reject the Council’s VMS units to verify operation, obtain (4) In any one of the 5 calendar years, recommendation, in which case written data, and use the communication was the owner or operator of a vessel reasons will be provided by the capabilities of the units for official that harvested at least 80 percent of its Regional Director to the Council for the purposes. total landings, by weight, of longline- rejection; or (5) Providing accurate vessel locations caught Pacific pelagic management unit (ii) Concur with the Council’s by latitude and longitude or loran species in an area that is now in the recommendation and, after finding that coordinates, upon request by the Hawaii longline fishing prohibited area. it is consistent with the goals and observer. (b) Each exemption shall specify the objectives of the Pelagics FMP, the (6) Providing sea turtle, marine portion(s) of the Hawaii longline fishing national standards, and other applicable mammal, or sea bird specimens as prohibited area, bounded by law, initiate rulemaking to implement requested. longitudinal and latitudinal lines drawn the Council’s recommendations. (7) Notifying the observer in a timely to include each statistical area, as fashion when commercial fishing appearing on Hawaii State Commercial § 660.28 Conditions for at-sea observer operations are to begin and end. Fisheries Charts, in which the coverage. (g) The permit holder, operator, and exemption holder made the harvest (a) NMFS shall advise the permit crew must comply with other terms and documented for the exemption holder or the designated agent of any conditions to ensure the effective application under paragraph (a)(4) of observer requirement at least 24 hours deployment and use of observers that this section. (not including weekends and Federal the Regional Director imposes by (c) Each exemption is valid only holidays) before any trip for which written notice. within the portion(s) of the Hawaii NMFS received timely notice in (h) The permit holder must ensure longline fishing prohibited area compliance with these regulations. that assigned observers are provided specified on the exemption. (b) The ‘‘Notice Prior to Fishing Trip’’ living quarters comparable to crew (d) A person seeking an exemption requirements in this subpart commit the members and are provided the same under this section must submit an permit holder to the representations in meals, snacks, and amenities as are application and supporting the notice. The notice can be modified normally provided to other vessel documentation to the Pacific Area by the permit holder or designated agent personnel. A mattress or futon on the Office at least 15 days before the desired because of changed circumstance, if the floor or a cot is not acceptable if a effective date of the exemption. Regional Director is promptly provided regular bunk is provided to any crew (e) If the Regional Director determines a modification to the notice that member, unless other arrangements are that a gear conflict has occurred and is complies with the notice requirements. approved in advance by the Regional likely to occur again in the Hawaii The notice will also be considered Director. longline fishing prohibited area between modified if the Regional Director and (i) Reimbursement requirements are a vessel used by a person holding an the permit holder or designated agent as follows: exemption under this section and a non- agree to placement changes. (1) Upon observer verification of longline vessel, the Regional Director (c) When NMFS notifies the permit vessel accommodations and the number may prohibit all longline fishing in the holder or designated agent of the of assigned days on board, NMFS will Hawaii longline fishing prohibited area obligation to carry an observer in reimburse vessel owners a reasonable around the island where the conflict response to a notification under this amount for observer subsistence as occurred, or in portions thereof, upon subpart, or as a condition of an EFP determined by the Regional Director. notice to each holder of an exemption issued under § 660.17, the vessel may (2) If requested and properly who would be affected by such a not engage in the fishery without taking documented, NMFS will reimburse the prohibition. the observer. vessel owner for the following: (f) The Council will consider (d) A NMFS observer shall arrive at (i) Communications charges incurred information provided by persons with the observer’s assigned vessel 30 by the observer. Hawaii longline limited access permits minutes before the time designated for (ii) Lost fishing time arising from a issued under this part who believe they departure in the notice or the notice as seriously injured or seriously ill have experienced extreme financial modified, and will wait 1 hour for observer, provided that notification of hardship resulting from the Hawaii departure. the nature of the emergency is 34582 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations transmitted to the Fisheries Observer § 660.30 Prohibition of drift gillnetting. place for any subsequent Council Branch, Southwest Region, NMFS (see Fishing with drift gillnets in the meeting(s) to consider the new measure. address for Southwest Regional fishery management area is prohibited, At subsequent public meeting(s), the Director) at the earliest practical time. except where authorized by an EFP Council will consider public comments NMFS will reimburse the owner only issued under § 660.17. and other information received to make for those days during which the vessel a recommendation to the Regional is unable to fish as a direct result of § 660.31 Framework adjustments to Director about any new measure. NMFS management measures. helping the NMFS employee who is may implement the Council’s seriously injured or seriously ill. Lost (a) Introduction. Adjustments in recommendation by rulemaking if fishing time is based on time travelling management measures may be made approved by the Regional Director. to and from the fishing grounds and any through rulemaking if new information documented out-of-pocket expenses for demonstrates that there are biological, Subpart DÐWestern Pacific medical services. Payment will be based social, or economic concerns in the Crustacean Fisheries fishery. The following framework on the current target fish market prices § 660.41 Permits. and that vessel’s average target fish process authorizes the implementation catch retained per day at sea for the of measures that may affect the (a) Applicability. (1) The owner of any previous 2 years, but shall not exceed operation of the fisheries, gear, harvest vessel used to fish for lobster in Permit $5,000 per day or $20,000 per claim. guidelines, or changes in catch and/or Area 1 must have a limited access Detailed billing with receipts and effort. permit issued for such vessel. Only one (b) Annual report. By June 30 of each supporting records are required for permit will be assigned to any vessel. year, the Council-appointed Pelagics (2) The owner of any vessel used to allowable communication and lost Plan Team will prepare an annual report fish for lobster in Permit Area 2 or fishing time claims. The claim must be on the fisheries in the management area. Permit Area 3, must have a permit completed in ink, showing the The report shall contain, among other issued for such a vessel. claimant’s printed name, address, vessel things, recommendations for Council (3) No vessel owner will have permits name, observer name, trip dates, days action and an assessment of the urgency for a single vessel to harvest lobsters in observer on board, an explanation of the and effects of such action(s). Permit Areas 1 and 2 at the same time. charges, and claimant’s dated signature (c) Procedure for established (4) A limited access permit is valid for with a statement verifying the claim to measures. (1) Established measures are fishing only in Permit Area 1. be true and correct. Requested management measures that, at some (b) General requirements. General reimbursement claims must be time, have been included in regulations requirements governing application submitted to the Fisheries Observer implementing the FMP, and for which information, issuance, fees, expiration, Branch, Southwest Region, NMFS. the impacts have been evaluated in replacement, transfer, alteration, NMFS will not process reimbursement Council/NMFS documents in the display, sanctions, and appeals for invoices and documentation submitted context of current conditions. permits issued under this section, as more than 120 days after the occurrence. (2) Following the framework applicable, are contained in § 660.13. (j) If a vessel normally has cabins for procedures of Amendment 7 to the (c) Application. An application for a crew members, female observers on a Pelagics FMP, the Council may permit required under this section will vessel with an all-male crew must be recommend to the Regional Director that be submitted to the Pacific Area Office accommodated either in a single person established measures be modified, as described in § 660.13. If the cabin or, if NMFS concludes that removed, or re-instituted. Such application for a limited access permit adequate privacy can be ensured by recommendation shall include is submitted on behalf of a partnership installing a curtain or other temporary supporting rationale and analysis, and or corporation, the application must be divider, in a two-person shared cabin. If shall be made after advance public accompanied by a supplementary the vessel normally does not have notice, public discussion, and information sheet obtained from the cabins for crew members, alternative consideration of public comment. Pacific Area Office and contain the accommodations must be approved by NMFS may implement the Council’s names and mailing addresses of all NMFS. If a cabin assigned to a female recommendation by rulemaking if partners or shareholders and their observer does not have its own toilet approved by the Regional Director. respective percentage of ownership in and shower facilities that can be (d) Procedure for new measures. (1) the partnership or corporation. provided for the exclusive use of the New measures are management (d) Number of permits. A maximum of observer, or if no cabin is assigned, then measures that have not been included in 15 limited access permits can be valid arrangements for sharing common regulations implementing the FMP, or at any time. facilities must be established and for which the impacts have not been (e) Transfer or sale of limited access approved in advance by NMFS. evaluated in Council/NMFS documents permits. (1) Permits may be transferred in the context of current conditions. or sold, but no one individual, § 660.29 Port privileges and transiting for (2) Following the framework partnership, or corporation will be unpermitted U.S. longline vessels. procedures of Amendment 7 to the allowed to hold a whole or partial A U.S. longline fishing vessel that Pelagics FMP, the Council will interest in more than one permit, except does not have a permit under subpart B publicize, including by Federal Register that an owner who qualifies initially for of this part may enter waters of the notice, and solicit public comment on, more than one permit may maintain fishery management area with Pacific any proposed new management those permits, but may not obtain pelagic management unit species on measure. After a Council meeting at additional permits. Layering of board, but may not land or transship which the measure is discussed, the partnerships or corporations shall not any management unit species on board Council will consider recommendations insulate a permit holder from this the vessel. The vessel’s longline gear and prepare a Federal Register notice requirement. must be stowed or secured so it is summarizing the Council’s (2) If 50 percent or more of the rendered unusable during the time the deliberations, rationale, and analysis for ownership of a limited access permit is vessel is in those waters. the preferred action, and the time and passed to persons other than those listed Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34583 on the permit application, the Pacific order, beginning with owners who have § 660.50, until the fishery opens again Area Office must be notified of the the most points and proceeding to the following year. change in writing and provided copies owners who have the least points, based (8) Refuse to make available to an of the appropriate documents on the following: authorized officer and employee of confirming the changes within 30 days. (A) Three points shall be assigned for NMFS designated by the Regional (3) Upon the transfer or sale of a each calendar year after August 8, 1985, Director for inspection and copying any limited access permit, a new application that the applicant was the operator of a records that must be made available in must be submitted by the new permit vessel that was used to land lobster from accordance with § 660.14(f)(2). owner according to the requirements of Permit Area 1. (b) In Permit Area 2, it is unlawful for § 660.13. The transferred permit is not (B) Two points shall be assigned for any person to— valid until this process is completed. each calendar year or partial year after (1) Fish for, take, or retain lobsters— (f) Replacement of a vessel covered by August 8, 1985, that the applicant was (i) By methods other than lobster traps a limited access permit. A limited the owner, operator, or crew member of or by hand, as specified in § 660.48; or access permit issued under this section a vessel engaged in either commercial (ii) During a closed season, as may, without limitation as to frequency, fishing in Permit Area 2 for lobster, or specified in § 660.45(b). be transferred by the permit holder to a fishing in Permit Area 1 for fish other (2) Retain or possess on a fishing replacement vessel owned by that than lobster with an intention to sell all vessel any lobster taken in Permit Area person. or part of the catch. 2 that is less than the minimum size (g) Issuance of limited access permits (C) One point shall be assigned for specified in § 660.44. to future applicants. each calendar year or partial year after (3) Possess on a fishing vessel any (1) The Regional Director may issue August 8, 1985, that the applicant was lobster or lobster part taken in Permit limited access permits under this the owner, operator, or crew member of Area 2 in a condition where the lobster section when fewer than 15 vessel a vessel engaged in any other is not whole and undamaged as owners hold active permits. commercial fishing in the EEZ specified in § 660.44. (2) When the Regional Director has surrounding Hawaii. (4) Retain or possess on a fishing determined that limited access permits (5) A holder of a new limited access vessel, or remove the eggs from, any egg- may be issued to new persons, a notice permit must own at least a 50-percent bearing lobster, as specified in § 660.44. shall be placed in the Federal Register, share in the vessel that the permit and other means will be used to notify would cover. § 660.43 Notifications. prospective applicants of the § 660.42 Prohibitions. (a) The operator of any vessel subject opportunity to obtain permits under the to the requirements of this subpart must: In addition to the general prohibitions limited access management program. (1) Report, not less than 24 hours, but specified in § 600.725 of this chapter (3) A period of 90 days will be not more than 36 hours, before landing, and § 660.16, it is unlawful for any provided after publication of the the port, the approximate date and the person to do any of the following: Federal Register notice for submission approximate time at which spiny and (a) In Permit Area 1, it is unlawful for of new applications for a limited access slipper lobsters will be landed. permit. any person to— (1) Fish for, take, or retain lobsters— (2) Report, not less than 6 hours and (4) Limited access permits issued not more than 12 hours before under this paragraph (g) will be issued (i) Without a limited access permit issued under § 660.41; offloading, the location and time that first to applicants qualifying under offloading of spiny and slipper lobsters paragraph (g)(4)(i) of this section. If the (ii) By methods other than lobster traps or by hand for lobsters, as will begin. number of limited access permits (b) The Regional Director will notify available is greater than the number of specified in § 660.48; (iii) From closed areas for lobsters, as permit holders of any change in the applicants that qualify under paragraph specified in § 660.46; reporting method and schedule required (g)(4)(i) of this section, then limited (iv) During a closed season, as in paragraphs (a)(1) and (2) of this access permits will be issued to specified in § 660.45; or section at least 30 days prior to the applicants under paragraph (g)(4)(ii) of (v) After the closure date, as specified opening of the fishing season. this section. in § 660.50, and until the fishery opens (i) First priority to receive limited again in the following calendar year. § 660.44 Lobster size and condition access permits under this paragraph (g) (2) Fail to report before landing or restrictionsÐPermit Area 2. goes to owners of vessels that were used offloading as specified in § 660.43. (a) Only spiny lobsters with a to land lobster from Permit Area 1 (3) Fail to comply with any protective carapace length of 8.26 cm or greater during the period 1983 through 1990, measures implemented under § 660.51 may be retained (see Figure 3 of this and who were excluded from the fishery or § 660.52. subpart). by implementation of the limited access (4) Possess on a fishing vessel in the (b) Any lobster with a punctured or system. If there are insufficient permits crustaceans fishery management area mutilated body, or a separated carapace for all such applicants, the new permits any lobster trap when fishing for lobster and tail, may not be retained. shall be issued by the Regional Director is prohibited as specified in §§ 660.45, (c) A female lobster of any size may through a lottery. 660.50, 660.51, or 660.52. not be retained if it is carrying eggs (ii) Second priority to receive limited (5) Leave a trap unattended in the externally. Eggs may not be removed access permits under paragraph (g) goes Management Area except as provided in from female lobsters. to owners with the most points, based § 660.48. upon a point system. If two or more (6) Maintain on board the vessel or in § 660.45 Closed seasons. owners have the same number of points the water more than 1,200 traps per (a) Lobster fishing is prohibited in and there are insufficient permits for all fishing vessel, of which no more than Permit Area 1 during the months of such owners, the Regional Director shall 1,100 can be assembled traps, as January through June, inclusive. issue the permits through a lottery. specified in § 660.48. (b) Lobster fishing is prohibited in Under the point system, limited access (7) Land lobsters taken in Permit Area Permit Area 2 during the months of permits will be issued, in descending 1 after the closure date, as specified in June, July, and August. 34584 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

§ 660.46 Closed areas. § 660.49 At-sea observer coverage. Director will also notify them that an All lobster fishing is prohibited: All fishing vessels subject to this investigation is in progress, and that, if (a) Within 20 nm of Laysan Island. subpart and subpart B of this part must the investigation reveals a threat of (b) Within the EEZ landward of the carry an observer when requested to do harm to the monk seal population, 10-fathom curve as depicted on National so by the Regional Director. protective measures may be Ocean Survey Charts, Numbers 19022, implemented. § 660.50 Harvest limitation program. (c) Investigation. (1) The Regional 19019, and 19016. (a) General. A harvest guideline for Director will investigate the incident § 660.47 Gear identification. Permit Area 1 will be set annually for reported and will attempt to: the calendar year and shall: In Permit Area 1, the vessel’s official (i) Verify that the incident occurred. (1) Apply to the total catch of spiny (ii) Determine the extent of the harm number must be marked legibly on all and slipper lobsters. to the monk seal population. traps and floats maintained on board the (2) Be expressed in terms of numbers (iii) Determine the probability of a vessel or in the water by that vessel. of lobsters. similar incident recurring. § 660.48 Gear restrictions. (b) Harvest guideline. (1) The Regional (iv) Determine details of the incident Director shall use information from such as: (a) Permit Area 1. (1) Lobsters may be daily lobster catch reports and lobster (A) The number of animals involved. taken only with lobster traps or by hand. sales reports from previous years, and (B) The cause of the mortality. Lobsters may not be taken by means of may use information from research (C) The age and sex of the dead poisons, drugs, other chemicals, spears, sampling and other sources, to establish animal(s). nets, hook, or explosives. the annual harvest guideline in (D) The relationship of the incident to (2) The smallest opening of an entry accordance with the FMP. the reproductive cycle, for example, way of any lobster trap may not allow (2) NMFS shall publish a document breeding season (March-September), any sphere or cylinder greater than 6.5 indicating the annual harvest guideline non-breeding season (October- inches (16.5 cm) in diameter to pass in the Federal Register by March 31 February). from outside the trap to inside the trap. each year, and shall use other means to (E) The population estimates or (3) Each lobster trap must have a notify permit holders of the harvest counts of animals at the island where minimum of two escape vent panels that guideline for the year. the incident occurred. meet the following requirements: (3) The Regional Director shall (F) Any other relevant information. (i) Panels must have at least four determine, on the basis of the (v) Discover and evaluate any unobstructed circular holes no smaller information reported to NMFS during extenuating circumstances. than 67 mm in diameter, with centers at the open season by the operator of each (vi) Evaluate any other relevant least 82 mm apart. vessel fishing, when the harvest factors. (ii) The lowest part of any opening in guideline will be reached. Notice of this (2) The Regional Director will make an escape vent panel must not be more determination, with a specification of the results of the investigation available than 85 mm above the floor of the trap. the closure date after which fishing for to the interested parties and request (iii) Panels must be placed opposite lobster or further landings of lobster their advice and comments. one another in each trap. taken in Permit Area 1 will be (d) Determination of relationship. The Regional Director will review and (4) A vessel fishing for or in prohibited, will be provided to each evaluate the results of the investigation possession of lobster in any permit area permit holder and operator of each and any comments received from may not have on board the vessel any permitted vessel or announced in the interested parties. If there is substantial trap that does not meet the requirements Federal Register. At least 5 days evidence that the death of the monk seal of paragraphs (a)(1), (2), and (3) of this advance notice of the effective date of was related to the lobster fishery, the section. the prohibition on landings will be Regional Director will: (5) A maximum of 1,200 traps per given. (c) Monitoring and adjustment. The (1) Advise the interested parties of his vessel may be maintained on board or operator of each vessel fishing during or her conclusion and the facts upon in the water, provided that no more than the open season shall report lobster which it is based. 1,100 assembled traps are maintained catch (by species) and effort (number of (2) Request from the interested parties on board or in the water. If more than trap hauls) data while at sea to NMFS their advice on the necessity of 1,100 traps are maintained, the in Honolulu. The Regional Director protective measures and suggestions for unassembled traps may be carried as shall notify permit holders of the appropriate protective measures. spares only, in order to replace reporting method, schedule, and (e) Determination of response. The assembled traps that may be lost or logistics at least 30 days prior to the Regional Director will consider all become unusable. opening of the fishing season. relevant information discovered during (6) Traps shall not be left unattended the investigation or submitted by in any permit area, except in the event § 660.51 Monk seal protective measures. interested parties in deciding on the of an emergency, in which case the (a) General. This section establishes a appropriate response. Protective vessel operator must notify the NMFS procedure that will be followed if the measures may include, but are not Law Enforcement Office of the Regional Director receives a report of a limited to, changes in trap design, emergency that necessitated leaving the monk seal death that appears to be changes in gear, closures of specific traps on the grounds, and the location related to the lobster fishery in Permit areas, or closures for specific periods of and number of the traps, within 24 Area 1. time. hours after the vessel reaches port. (b) Notification. Upon receipt of a (f) Action by the Regional Director. If (b) Permit Area 2. Lobsters may be report of a monk seal death that appears the Regional Director decides that taken only with lobster traps or by hand. to be related to the lobster fishery, the protective measures are necessary and Lobsters may not be taken by means of Regional Director will notify all appropriate, the Regional Director will poisons, drugs, other chemicals, spears, interested parties of the facts known prepare a document that describes the nets, hooks, or explosives. about the incident. The Regional incident, the protective measures Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34585 proposed, and the reasons for the obtained by the Regional Director or demonstrates that there are biological, protective measures; provide it to the submitted by interested parties in social, or economic concerns in Permit interested parties; and request their deciding whether to repeal the Areas 1, 2, or 3. The following comments. protective measures. framework process authorizes the (g) Implementation of protective (3) If the Assistant Administrator implementation of measures that may measures. (1) If, after completing the decides to repeal the protective affect the operation of the fisheries, gear, steps described in paragraph (f) of this measures— harvest guidelines, or changes in catch section, the Regional Director concludes (i) Interested parties will be notified and/or effort. that protective measures are necessary of the decision; and (b) Annual report. By June 30 of each and appropriate, the Regional Director (ii) Notification of repeal and the year, the Council-appointed Crustaceans will recommend the protective reasons for the repeal will be published Plan Team will prepare an annual report measures to the Assistant Administrator in the Federal Register. on the fisheries in the management area. and provide notice of this The report shall contain, among other recommendation to the Chairman of the § 660.52 Monk seal emergency protective measures. things, recommendations for Council Council and the Director of the Division action and an assessment of the urgency of Aquatic Resources, Department of (a) Determination of emergency. If, at and effects of such action(s). any time during the process described Land and Natural Resources, State of (c) Procedure for established in § 660.51, the Regional Director Hawaii. measures. (1) Established measures are determines that an emergency exists (2) If the Assistant Administrator management measures that, at some involving monk seal mortality related to concurs with the Regional Director’s time, have been included in regulations the lobster fishery and that measures are recommendation, NMFS will publish an implementing the FMP, and for which needed immediately to protect the monk action in the Federal Register that the impacts have been evaluated in seal population, the Regional Director includes a description of the incident Council/NMFS documents in the will— that triggered the procedure described context of current conditions. (1) Notify the interested parties of this in this section, the protective measures, (2) Following the framework determination and request their and the reasons for the protective procedures of Amendment 9 to the immediate advice and comments. measures. FMP, the Council may recommend to (h) Notification of ‘‘no action.’’ If, at (2) Forward a recommendation for emergency action and any advice and the Regional Director that established any point in the process described in measures be modified, removed, or re- this section, the Regional Director or comments received from interested parties to the Assistant Administrator. instituted. Such recommendation shall Assistant Administrator decides that no include supporting rationale and further action is required, the interested (b) Implementation of emergency measures. If the Assistant Administrator analysis, and shall be made after parties will be notified of this decision. advance public notice, public (i) Effective dates. (1) The protective agrees with the recommendation for emergency action— discussion, and consideration of public measures will take effect 10 days after comment. NMFS may implement the the date of publication in the Federal (1) The Regional Director will determine the appropriate emergency Council’s recommendation by Register. rulemaking if approved by the Regional (2) The protective measures will protective measures. Director. remain in effect for the shortest of the (2) NMFS will publish the emergency (d) Procedure for New Measures. (1) following time periods: protective measures in the Federal (i) Until the Crustaceans FMP and this Register. New measures are management section are amended to respond to the (3) The Regional Director will notify measures that have not been included in problem; the interested parties of the emergency regulations implementing the FMP, or (ii) Until other action that will protective measures. Holders of permits for which the impacts have not been respond to the problem is taken under to fish in Permit Area I will be notified evaluated in Council/NMFS documents the ESA; by certified mail. Permit holders that the in the context of current conditions. (iii) Until the Assistant Administrator, Regional Director knows are on the (2) Following the framework following the procedures set forth in fishing grounds also will be notified by procedures of Amendment 9 to the paragraph (j) of this section, decides that radio. FMP, the Council will publicize, the protective measures are no longer (c) Effective dates. (1) Emergency including by a Federal Register required and repeals the measures; or protective measures are effective against document, and solicit public comment (iv) For the period of time set forth in a permit holder at 12:01 a.m., local time, on, any proposed new management the Federal Register notification, not to of the day following the day the permit measure. After a Council meeting at exceed 3 months. The measures may be holder receives actual notice of the which the measure is discussed, the renewed for 3 months after again measures. Council will consider recommendations following procedures in paragraphs (b) (2) Emergency protective measures are and prepare a Federal Register through (g) of this section. effective for 10 days from the day document summarizing the Council’s (j) Repeal. (1) If the Assistant following the day the first permit holder deliberations, rationale, and analysis for Administrator decides that protective is notified of the protective measures. the preferred action, and the time and measures may no longer be necessary (3) Emergency protective measures place for any subsequent Council for the protection of monk seals, the may be extended for an additional 10 meeting(s) to consider the new measure. interested parties will be notified of this days, if necessary, to allow the At subsequent public meeting(s), the preliminary decision and the facts upon completion of the procedures set out in Council will consider public comments which it is based. The Assistant § 660.51. and other information received to make Administrator will request advice on the a recommendation to the Regional proposed repeal of the protective § 660.53 Framework procedures. Director about any new measure. NMFS measures. (a) Introduction. New management may implement the Council’s (2) The Assistant Administrator will measures may be added through recommendation by rulemaking if consider all relevant information rulemaking if new information approved by the Regional Director. 34586 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

§ 660.54 Five-year review. vessel may, without limitation, transfer and published annually in association The Council, in cooperation with his or her permit to another vessel with the annual report required under NMFS, will conduct a review of the owned by him or her, provided that the § 660.67. effectiveness and impacts of the NWHI replacement vessel does not exceed 60 (g) Eligibility for new limited access management program, including ft (18.3 m) in length and that the permits. When the Regional Director has biological, economic, and social aspects replacement vessel is put into service determined that new permits may be of the fishery, by July 1, 2001. within 12 months after the owner issued, they shall be issued to declares to the Regional Director the applicants based upon eligibility, Subpart EÐBottomfish and Seamount intent to make the transfer of the permit. determined as follows: Groundfish Fisheries (2) An owner of a permitted vessel (1) Point system. (i) Two points shall may apply to the Regional Director for be assigned for each year in which the § 660.61 Permits. approval to use the permit for a applicant was owner or captain of a (a) Applicability. (1) The owner of any replacement vessel greater than 60 ft vessel that made three or more vessel being used to fish for bottomfish (18.3 m) in length. The Regional qualifying landings of bottomfish from or seamount groundfish species in the Director may allow this change upon the NWHI. management area must have a permit determining, after consultation with the (ii) One point shall be assigned for issued under this section for that vessel. Council and considering the objectives each year in which the applicant was (2) No vessel owner may have permits of the limited access program, that the owner or captain of a vessel that landed for a single vessel to harvest bottomfish replacement vessel has equal catching at least 6,000 lb (2,722 kg) of bottomfish in the Ho’omalu Zone and the Mau power as the original vessel, or that the from the main Hawaiian Islands. Zone at the same time. replacement vessel has catching power (iii) Points will be assigned only (b) Application. (1) An application for that is comparable to the rest of the under paragraph (g)(1)(i) or (ii) of this a permit required under this section will vessels holding permits for the fishery, section for any 1 year. be submitted to the Pacific Area Office and that the change is not inconsistent (iv) Points will be assigned for every as described in § 660.13. with the objectives of the program. year for which the requisite landings (2) Before the Regional Director issues (3) The Regional Director shall can be documented. a Mau Zone or Ho’omalu zone permit to consider vessel length, range, hold (2) Restrictions. An applicant must fish for bottomfish under this section, capacity, gear limitations, and other own at least a 25-percent share in the the primary operator and relief operator appropriate factors in making vessel that the permit would cover, and named on the application form must determinations of catching power only one permit will be assigned to any have completed a protected species equivalency and comparability of the vessel. workshop conducted by NMFS. catching power of vessels in the fishery. (3) Order of issuance. New permits (3) Each applicant for a Ho’omalu (e) Supplementary requirements for shall be awarded to applicants in zone permit will submit a permit renewal. (1) A permit will be descending order, starting with the supplementary information sheet to be eligible for renewal if the vessel covered applicant with the largest number of provided by the Pacific Area Office. by the permit makes three or more points. If two or more persons have an Each application for a Ho’omalu zone qualifying landings as defined in equal number of points, and there are permit will be signed by the vessel § 660.12 during the permit year. insufficient new permits for all such owner or a designee and include the (2) The owner of a permitted vessel applicants, the new permits shall be following information: that did not make three or more awarded by the Regional Director (i) The qualification criterion that the qualifying landings of bottomfish in a through a lottery. applicant believes he or she meets for year may apply to the Regional Director (4) Notification. The Regional Director issuance of a limited access permit; and for waiver of the landing requirement. If shall place a notice in the Federal (ii) Copies of landings receipts or the Regional Director finds that failure Register and shall use other means to other documentation, with a to make three landings was due to notify prospective applicants of the certification from a state or Federal circumstances beyond the owner’s opportunity to file applications for new agency that this information is accurate, control, the Regional Director may permits under this program. to demonstrate participation in the renew the permit. A waiver may not be (h) Appeals of permit actions. (1) NWHI bottomfish fishery; or granted if the failure to make three Except as provided in subpart D of 15 (iii) If the application is filed by a landings was due to general economic CFR part 904, any applicant for a permit partnership or corporation, the conditions or market conditions, such or a permit holder may appeal the application must identify the names of that the vessel operations would not be granting, denial, conditioning, or the owners and their respective profitable. suspension of their permit or a permit percentage of ownership of the (f) Supplementary requirements for affecting their interests to the Assistant partnership or corporation. new limited access permits. The Administrator. In order to be considered (c) Sale or transfer of Ho’omalu Zone Regional Director may issue new vessel by the Assistant Administrator, such permits to new vessel owners. (1) A permits under this part when the appeal must be in writing, must state Ho’omalu zone permit shall not be sold Regional Director has determined, in the action(s) appealed, and the reasons or otherwise transferred to a new owner. consultation with the Council, that therefor, and must be submitted within (2) A Ho’omalu zone permit or bottomfish stocks in the Ho’omalu Zone 30 days of the action(s) by the Regional permits may be held by a partnership or are able to support additional fishing Director. The appellant may request an corporation. If 50 percent or more of the effort. This shall be established by informal hearing on the appeal. ownership of the vessel passes to determining that the total estimated (2) Upon receipt of an appeal persons other than those listed in the annual revenue to the fleet exceeds the authorized by this section, the Assistant original application, the permit will total estimated annual fixed and Administrator will notify the permit lapse and must be surrendered to the variable costs to the fleet in the applicant, or permit holder as Regional Director. Ho’omalu Zone by an amount at least appropriate, and will request such (d) Transfer of permits to replacement equal to the average cost of a vessel additional information and in such form vessels. (1) An owner of a permitted year. This determination shall be made as will allow action upon the appeal. Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34587

Upon receipt of sufficient information, (a) Fish for bottomfish or seamount for the purpose of harvesting bottomfish the Assistant Administrator will decide groundfish using gear prohibited under and seamount groundfish is prohibited. the appeal in accordance with the § 660.64. permit eligibility criteria set forth in this (b) Fish for bottomfish in the § 660.65 At-sea observer coverage. section and the amendment to the FMP, Ho’omalu Zone without a limited access (a) All fishing vessels subject to this as appropriate, based upon information permit issued under §§ 660.13 and subpart must carry an observer when relative to the application on file at 660.61. directed to do so by the Regional NMFS and the Council and any (c) Fish for bottomfish in the Mau Director. additional information, the summary Zone without a permit issued under (b) The Pacific Area Office will advise record kept of any hearing and the §§ 660.13 and 660.61. the vessel owner or operator of any hearing officer’s recommended decision, (d) Serve as primary operator or relief observer requirement within 72 hours if any, and such other considerations as operator on a vessel with a Mau or (not including weekends or holidays) of deemed appropriate. The Assistant Ho’omalu Zone permit without receipt of the notice. If an observer is Administrator will notify all interested completing a protected species required, the owner or operator will be persons of the decision, and the reasons workshop conducted by NMFS, as informed of the terms and conditions of therefor, in writing, normally within 30 required by § 660.61. observer coverage, and the time and days of the receipt of sufficient (e) Fail to notify the USCG at least 24 place of embarkation of the observer. information, unless additional time is hours prior to making any landing of (c) All observers must be provided needed for a hearing. bottomfish taken in the Ho’omalu Zone, with sleeping, toilet, and eating (3) If a hearing is requested, or if the as required by § 660.63. accommodations at least equal to that Assistant Administrator determines that (f) Fish within any protected species provided to a full crew member. A one is appropriate, the Assistant study zone in the NWHI without mattress of futon on the floor or a cot Administrator may grant an informal notifying the Regional Director of the is not acceptable in place of a regular hearing before a hearing officer intent to fish in these zones, as required bunk. Meal and other gallery privileges designated for that purpose after first under § 660.63. must be the same for the observer as for giving notice of the time, place, and other crew members. subject matter of the hearing in the § 660.63 Notification. (d) Female observers on a vessel with Federal Register. Such a hearing shall (a) The owner or operator of a fishing an all-male crew must be normally be held no later than 30 days vessel subject to this subpart must accommodated either in a single-person following publication of the notice in inform the Pacific Area Office at least 72 cabin or, if reasonable privacy can be the Federal Register, unless the hearing hours (not including weekends and ensured by installing a curtain or other officer extends the time for reasons holidays) before leaving port, of his or temporary divider, in a two-person deemed equitable. The appellant, the her intent to fish within the protected cabin shared with a licensed officer of applicant (if different), and, at the species study zones defined in § 660.12. the vessel. If the cabin assigned to a discretion of the hearing officer, other The notice must include the name of the female observer does not have its own interested persons, may appear vessel, name of the operator, intended toilet and shower facilities that can be personally or be represented by counsel departure and return date, and a provided for the exclusive use of the at the hearing and submit information telephone number at which the owner observer, then a schedule for time- and present arguments as determined or operator may be contacted during the sharing of common facilities must be appropriate by the hearing officer. business day (8 a.m. to 5 p.m.) to established and approved by the Within 30 days of the last day of the indicate whether an observer will be Regional Director prior to the vessel’s hearing, the hearing officer shall required on the subject fishing trip. departure from port. recommend in writing a decision to the (b) The operator of a fishing vessel Assistant Administrator. that has taken bottomfish in the § 660.66 Protected species conservation. (4) The Assistant Administrator may Ho’omalu Zone must contact the USCG, The Regional Director may change the adopt the hearing officer’s by radio or otherwise, at the 14th size of the protected species study zones recommended decision, in whole or in District, Honolulu, HI; Pacific Area, San defined in § 660.12 of this subpart: part, or may reject or modify it. In any Francisco, CA; or 17th District, Juneau, (a) If the Regional Director determines event, the Assistant Administrator will AK, at least 24 hours before landing, that a change in the size of the study notify interested persons of the and report the port and the approximate zones would not result in fishing for decision, and the reason(s) therefore, in date and time at which the bottomfish bottomfish in the NWHI that would writing, within 30 days of receipt of the will be landed. adversely affect any species listed as hearing officer’s recommended decision. threatened or endangered under the § 660.64 Gear restrictions. The Assistant Administrator’s action ESA. shall constitute final action for the (a) Bottom trawls and bottom set (b) After consulting with the Council. agency for the purposes of the APA. gillnets. Fishing for bottomfish and (c) Through notification in the (5) Any time limit prescribed in this seamount groundfish with bottom Federal Register published at least 30 section may be extended for a period trawls and bottom set gillnets is days prior to the effective date or not to exceed 30 days by the Assistant prohibited. through actual notice to the permit Administrator for good cause, either (b) Possession of gear. Possession of a holders. upon his or her own motion or upon bottom trawl and bottom set gillnet by written request from the appellant or any vessel having a permit under § 660.67 Framework for regulatory adjustments. applicant stating the reason(s) therefore. § 660.61 or otherwise established to be fishing for bottomfish or seamount (a) Annual reports. By June 30 of each § 660.62 Prohibitions. groundfish in the management subareas year, a Council-appointed bottomfish In addition to the general prohibitions is prohibited. monitoring team will prepare an annual specified in § 600.725 of this chapter (c) Poisons and explosives. The report on the fishery by area covering and § 660.15, it is unlawful for any possession or use of any poisons, the following topics: person to do any of the following: explosives, or intoxicating substances (1) Fishery performance data. 34588 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(2) Summary of recent research and Council will assess the need for one or (ii) Public hearings must be held survey results. more of the following types of specifically addressing the limited (3) Habitat conditions and recent management action: Catch limits, size access proposals. alterations. limits, closures, effort limitations, (iii) A specific advisory subpanel of (4) Enforcement activities and access limitations, or other measures. persons experienced in the fishing problems. (3) The Council may recommend industry will be created to advise the (5) Administrative actions (e.g., data management action by either the state/ Council and the Regional Director on collection and reporting, permits). territorial governments or by Federal administrative decisions. (6) State and territorial management regulation. (iv) The Council’s recommendation to actions. (c) Federal management action. (1) If the Regional Director must be approved (7) Assessment of need for Council the Council believes that management by a two-thirds majority of the voting action (including biological, economic, action should be considered, it will members. social, enforcement, administrative, and make specific recommendations to the (3) If prior participation in the fishery state/Federal needs, problems, and Regional Director after requesting and is used as a factor in any access trends). Indications of potential considering the views of its Scientific limitation system recommended by the problems warranting further and Statistical Committee and Council, August 7, 1985, is the date investigation may be signaled by the Bottomfish Advisory Panel and selected by the Council as the date to be following indicator criteria: obtaining public comments at a public used for the NWHI and May 30, 1986, (i) Mean size of the catch of any hearing. for American Samoa and Guam. species in any area is a pre-reproductive (2) The Regional Director will size. § 660.68 Fishing moratorium on Hancock consider the Council’s recommendation Seamount. (ii) Ratio of fishing mortality to and accompanying data, and, if he or Fishing for bottomfish and seamount natural mortality for any species. she concurs with the Council’s groundfish on the Hancock Seamount is (iii) Harvest capacity of the existing recommendation, will propose prohibited through August 31, 1998. fleet and/or annual landings exceed best regulations to carry out the action. If the estimate of MSY in any area. Regional Director rejects the Council’s § 660.69 Management subareas. (iv) Significant decline (50 percent or proposed action, a written explanation more) in bottomfish catch per unit of (a) The bottomfish fishery for the denial will be provided to the management area is divided into five effort from baseline levels. Council within 2 weeks of the decision. (v) Substantial decline in ex-vessel subareas for the regulation of bottomfish (3) The Council may appeal denial by revenue relative to baseline levels. and seamount groundfish fishing with writing to the Assistant Administrator, (vi) Significant shift in the relative the following designations and who must respond in writing within 30 proportions of gear in any one area. boundaries: (vii) Significant change in the frozen/ days. (1) Main Hawaiian Islands means the fresh components of the bottomfish (4) The Regional Director and the EEZ of the Hawaiian Islands catch. Assistant Administrator will make their Archipelago lying to the east of 161°20′ (viii) Entry/exit of fishermen in any decisions in accord with the Magnuson W. long. area. Act, other applicable law, and the (2) Northwestern Hawaiian Islands (ix) Per-trip costs for bottomfishing Bottomfish FMP. (NWHI) means the EEZ of the Hawaiian exceed per-trip revenues for a (5) To minimize conflicts between the Islands Archipelago lying to the west of significant percentage of trips. Federal and state management systems, 161°20′ W. long. However, for the (x) Significant decline or increase in the Council will use the procedures in purposes of regulations issued under total bottomfish landings in any area. paragraph (b) of this section to respond this subpart, Midway Island is treated as (xi) Change in species composition of to state/territorial management actions. part of the Northwestern Hawaiian the bottomfish catch in any area. Council consideration of action would Islands Subarea. (xii) Research results. normally begin with a representative of (i) Ho’omalu Zone means that portion (xiii) Habitat degradation or the state or territorial government of the EEZ around the NWHI west of environmental problems. bringing a potential or actual 165° W. long. (xiv) Reported interactions between management conflict or need to the (ii) Mau Zone means that portion of bottomfishing operations and protected Council’s attention. the EEZ around the NWHI between species in the NWHI. (d) Access limitation procedures. (1) 161°20′ W. long. and 165° W. long. (8) Recommendations for Council Access limitation may be adopted under (3) Hancock Seamount means that action. this paragraph (d) only for the NWHI, portion of the EEZ in the Northwestern (9) Estimated impacts of American Samoa, and Guam. Hawaiian Islands west of 180°00′ W. recommended action. (2) If access limitation is proposed for long. and north of 28°00′ N. lat. (b) Recommendation of management adoption or subsequent modification (4) Guam means the EEZ seaward of action. (1) The team may present through the process described in this the Territory of Guam. management recommendations to the paragraph (d), the following (5) American Samoa means the EEZ Council at any time. Recommendations requirements must be met: seaward of the Territory of American may cover actions suggested for Federal (i) The Bottomfish Monitoring Team Samoa. regulations, state/territorial action, must consider and report to the Council (b) The inner boundary of the fishery enforcement or administrative elements, on present participation in the fishery; management area is a line coterminous and research and data collection. historical fishing practices in, and with the seaward boundaries of the Recommendations will include an dependence on, the fishery; economics State of Hawaii, the Territory of assessment of urgency and the effects of of the fishery; capability of fishing American Samoa, and the Territory of not taking action. vessels used in the fishery to engage in Guam (the ‘‘3 mile-limit’’). (2) The Council will evaluate the other fisheries; cultural and social (c) The outer boundary of the fishery team’s reports and recommendations, framework relevant to the fishery; and management area is a line drawn in and the indicators of concern. The any other relevant considerations. such a manner that each point on it is Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34589

200 nautical miles from the baseline (1) A valid EFP was issued under appropriate news media. Any such field from which the territorial sea is § 660.17 for the vessel and the vessel order must indicate the reason for the measured, or is coterminous with was operating under the terms of the closure, the bed being closed, and the adjacent international maritime permit; or effective date of the closure. boundaries. The outer boundary of the (2) The coral originated outside coral (b) A closure is also effective for a fishery management area north of Guam beds listed in this paragraph, and this permit holder upon the permit holder’s will extend to those points which are can be demonstrated through receipts of actual harvest of the applicable quota. equidistant between Guam and the purchase, invoices, or other island of Rota in the Commonwealth of documentation. § 660.86 Size restrictions. the Northern Mariana Islands. Pink coral harvested from the § 660.83 Seasons. Makapuu bed (E–B–1), the Keahole Subpart FÐPrecious Corals Fisheries The fishing year for precious coral Point Bed (C–B–1), and the Kaena Point begins on July 1 and ends on June 30 the Bed (C–B–2), must have attained a § 660.81 Permits. following year, except at the Makapuu minimum height of 10 inches (25.4 cm). (a) Any vessel of the United States Bed, which has a 2-year fishing period There are no size limits for precious fishing for, taking, or retaining precious that begins July 1 and ends June 30, 2 coral from other beds or other species. coral in any precious coral permit area years later. must have a permit issued under § 660.87 Area restrictions. § 660.13. § 660.84 Quotas. Fishing for coral on the WestPac Bed (b) Each permit will be valid for (a) General. The quotas limiting the is not allowed. The specific area closed fishing only in the permit area specified amount of precious coral that may be to fishing is all waters within a 2-nm on the permit. Precious Coral Permit taken in any precious coral permit area radius of the midpoint of 23°18.0′ N. Areas are defined in § 660.12. during the fishing year are listed in lat., 162°35.0′ W. long. (c) No more than one permit will be Table 1 of this part. Only live coral is valid for any one vessel at any one time. counted toward the quota. The § 660.88 Gear restrictions. (d) No more than one permit will be accounting period for all quotas begins (a) Selective gear. Only selective gear valid for any one person at any one July 1, 1983. may be used to harvest coral from the time. (b) Conditional bed closure. A EEZ of the main Hawaiian Islands. (e) The holder of a valid permit to fish conditional bed will be closed to all (b) Selective or non-selective gear. one permit area may obtain a permit to nonselective coral harvesting after the Either selective or non-selective gear fish another permit area only upon quota for one species of coral has been may be used to harvest coral from surrendering to the Regional Director taken. Brooks Bank, 180 Fathom Bank, and any current permit for the precious (c) Reserves and reserve release. The exploratory areas other than the EEZ off corals fishery issued under § 660.13. quotas for exploratory areas will be held the main Hawaiian Islands. (f) General requirements governing in reserve for harvest by vessels of the application information, issuance, fees, United States in the following manner: Subpart GÐWest Coast Groundfish expiration, replacement, transfer, (1) At the start of the fishing year, the Fisheries alteration, display, sanctions, and reserve for each of the three exploratory 660.301 Purpose and scope. appeals for permits for the precious areas will equal the quota minus the corals fishery are contained in § 660.13. estimated domestic annual harvest for This subpart implements the Pacific that year. Coast Groundfish Fishery Management § 660.82 Prohibitions. (2) As soon as practicable after Plan (PCGFMP) developed by the In addition to the general prohibitions December 31 each year, the Regional Pacific Fishery Management Council. specified in § 600.725 of this chapter Director will determine the amount These regulations govern groundfish and in § 660.15, it is unlawful for any harvested by vessels of the United States fishing vessels of the United States in person to: between July 1 and December 31 of that the EEZ off the coasts of Washington, (a) Use any vessel to fish for, take, year. Oregon, and California. All weights are retain, possess or land precious coral in (3) NMFS will release to TALFF an in round weight or round-weight any precious coral permit area, unless a amount of precious coral for each equivalents, unless specified otherwise. permit has been issued for that vessel exploratory area equal to the quota § 660.302 Definitions. and area as specified in § 660.13 and minus two times the amount harvested that permit is on board the vessel. by vessels of the United States in that At-sea processing means processing (b) Fish for, take, or retain any species July 1 through December 31 period. that takes place on a vessel or other of precious coral in any precious coral (4) NMFS will publish in the Federal platform that floats and is capable of permit area: Register a notification of the Regional being moved from one location to (1) By means of gear or methods Director’s determination and a summary another, whether shoreside or on the prohibited by § 660.88. of the information on which it is based water. (2) In refugia specified in § 660.12. as soon as practicable after the Closure, when referring to closure of (3) In a bed for which the quota determination is made. a fishery, means that taking and specified in § 660.84 has been attained. retaining, possessing, or landing the (4) In violation of any permit issued § 660.85 Closures. particular species or species group is under § 660.13 or § 660.17. (a) If the Regional Director determines prohibited. (c) Take and retain, possess, or land that the harvest quota for any coral bed Commercial fishing means: any pink coral from the Makapuu Bed will be reached prior to the end of the (1) Fishing by a person who possesses (Permit Area E–B–1), Keahole Point Bed fishing year, or the end of the 2-year a commercial fishing license or is (Permit Area C–B–1), or Kaena Point fishing period at Makapuu Bed, NMFS required by law to possess such license Bed (Permit Area C–B–2) that is less will issue a field order closing the bed issued by one of the states or the Federal than the minimum height specified in involved by publication of an action in Government as a prerequisite to taking, § 660.86, unless: the Federal Register, and through landing and/or sale; or 34590 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(2) Fishing that results in or can be (7) Double-walled codend. A codend Groundfish means species managed reasonably expected to result in sale, constructed of two walls of webbing. by the PCGFMP, specifically: barter, trade or other disposition of fish (8) Fixed gear (anchored nontrawl Sharks: for other than personal consumption. gear). Longline, trap or pot, set net, and leopard shark, Triakis semifasciata Commercial harvest guideline or stationary hook-and-line (including soupfin shark, Galeorhinus zyopterus commercial quota means the harvest commercial vertical hook-and-line) spiny dogfish, Squalus acanthias guideline or quota after subtracting any gears. Skates: allocation for the Pacific Coast treaty (9) Gillnet. (See § 600.10). big skate, Raja binoculata Indian tribes or for recreational California skate, R. inornata (10) Hook-and-line. One or more longnose skate, R. rhina fisheries. Limited entry and open access hooks attached to one or more lines. It Ratfish: allocations are based on the commercial may be stationary (commercial vertical ratfish, Hydrolagus colliei harvest guideline or quota. hook-and-line) or mobile (troll). Morids: Council means the Pacific Fishery (11) Longline. A stationary, buoyed, finescale codling, Antimora microlepis Management Council, including its and anchored groundline with hooks Grenadiers: Groundfish Management Team, attached, so as to fish along the seabed. Pacific rattail, Coryphaenoides acrolepis Scientific and Statistical Committee It does not include commercial vertical Roundfish: (SSC), Groundfish Advisory Subpanel cabezon, Scorpaenichthys marmoratus hook-and-line or troll gear. jack mackerel (north of 39° N. lat.), (GAP), and any other committee (12) Mesh size. The opening between Trachurus symmetricus established by the Council. opposing knots. Minimum mesh size kelp greenling, Hexagrammos Exempted gear means all types of means the smallest distance allowed decagrammus fishing gear except longline, trap (or between the inside of one knot to the lingcod, Ophiodon elongatus pot), and groundfish trawl gear. inside of the opposing knot, regardless Pacific cod, Gadus macrocephalus Exempted gear includes trawl gear used of twine size. Pacific whiting, Merluccius productus to take pink shrimp, spot and ridgeback (13) Nontrawl gear. All legal sablefish, Anoplopoma fimbria Rockfish: prawns, California halibut south of Pt. commercial groundfish gear other than aurora rockfish, Sebastes aurora Arena, CA, and sea cucumber south of trawl gear. bank rockfish, S. rufus Pt. Arena, under the authority of a State (14) Pelagic (midwater or off-bottom) black rockfish, S. melanops of California limited entry permit for the trawl. A trawl in which the otter boards black and yellow rockfish, S. chrysomelas sea cucumber fishery. may be in contact with the seabed but blackgill rockfish, S. melanostomus Fishery management area means the the footrope of the net remains above blue rockfish, S. mystinus EEZ off the coasts of Washington, the seabed. It includes pair trawls if bocaccio, S. paucispinis Oregon, and California between 3 and fished in midwater. A pelagic trawl has bronzespotted rockfish, S. gilli brown rockfish, S. auriculatus 200 nm offshore, and bounded on the no rollers or bobbins on the net. calico rockfish, S. dalli north by the Provisional International (15) Pot. A trap. California scorpionfish, Scorpaena guttata Boundary between the United States (16) Roller trawl (bobbin trawl). A canary rockfish, Sebastes pinniger and Canada, and bounded on the south trawl with footropes equipped with chilipepper, S. goodei by the International Boundary between rollers or bobbins made of wood, steel, China rockfish, S. nebulosus the United States and Mexico. rubber, plastic, or other hard material copper rockfish, S. caurinus Fisheries Management Division (FMD) that keep the footrope above the seabed, cowcod, S. levis means the Chief, Fisheries Management thereby protecting the net. A roller trawl darkblotched rockfish, S. crameri dusty rockfish, S. ciliatus Division, Northwest Regional Office, is a type of bottom trawl. flag rockfish, S. rubrivinctus NMFS, or a designee. (17) Set net. A stationary, buoyed, and gopher rockfish, S. carnatus Fishing gear includes the following anchored gillnet or trammel net. grass rockfish, S. rastrelliger types of gear and equipment used in the (18) Single-walled codend. A codend greenblotched rockfish, S. rosenblatti groundfish fishery: constructed of a single wall of webbing greenspotted rockfish, S. chlorostictus (1) Bobbin trawl. The same as a roller knitted with single or double-bar mesh. greenstriped rockfish, S. elongatus trawl, a type of bottom trawl. (19) Spear. A sharp, pointed, or harlequin rockfish, S. variegatus (2) Bottom trawl. A trawl in which the barbed instrument on a shaft. honeycomb rockfish, S. umbrosus kelp rockfish, S. atrovirens otter boards or the footrope of the net (20) Trammel net. A gillnet made longspine thornyhead, Sebastolobus are in contact with the seabed. It with two or more walls joined to a altivelis includes roller (or bobbin) trawls, common float line. Mexican rockfish, Sebastes macdonaldi Danish and Scottish seine gear, and pair (21) Trap (or pot). A portable, olive rockfish, S. serranoides trawls fished on the bottom. Any trawl enclosed device with one or more gates Pacific ocean perch, S. alutus not meeting the requirements for a or entrances and one or more lines pink rockfish, S. eos pelagic trawl in § 660.322 is a bottom attached to surface floats. quillback rockfish, S. maliger trawl. (22) Trawl riblines. Heavy rope or line redbanded rockfish, S. babcocki redstripe rockfish, S. proriger (3) Chafing gear. Webbing or other that runs down the sides, top, or rosethorn rockfish, S. helvomaculatus material attached to the codend of a underside of a trawl net from the mouth rosy rockfish, S. rosaceus trawl net to protect the codend from of the net to the terminal end of the rougheye rockfish, S. aleutianus wear. codend to strengthen the net during sharpchin rockfish, S. zacentrus (4) Codend. (See § 600.10). fishing. shortbelly rockfish, S. jordani (5) Commercial vertical hook-and- Fishing trip is a period of time shortraker rockfish, S. borealis line. Commercial fishing with hook-and- between landings when fishing is shortspine thornyhead, Sebastolobus line gear that involves a single line conducted. alascanus silvergray rockfish, Sebastes brevispinis anchored at the bottom and buoyed at Fishing year is the year beginning at speckled rockfish, S. ovalis the surface so as to fish vertically. 0801 GMT (0001 local time) on January splitnose rockfish, S. diploproa (6) Double-bar mesh. Two lengths of 1 and ending at 0800 GMT on January squarespot rockfish, S. hopkinsi twine tied into a single knot. 1 (2400 local time on December 31). starry rockfish, S. constellatus Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34591

stripetail rockfish, S. saxicola Limited entry permit means the authorized by other applicable law (for tiger rockfish, S. nigrocinctus permit required to participate in the example, to allow for examination by an treefish, S. serriceps limited entry fishery, and includes the authorized observer or to return tagged vermilion rockfish, S. miniatus gear endorsements affixed to the permit fish as specified by the tagging agency). widow rockfish, S. entomelas yelloweye rockfish, S. ruberrimus unless specified otherwise. Quota means a specified numerical yellowmouth rockfish, S. reedi Open access fishery means the fishery harvest objective, the attainment (or yellowtail rockfish, S. flavidus composed of vessels using exempted expected attainment) of which causes All genera and species of the family gear, and longline and trap (or pot) gear closure of the fishery for that species or Scorpaenidae that occur off Washington, fished pursuant to the harvest species group. Oregon, and California are included, even if guidelines, quotas, and other Recreational fishing means fishing not listed above. The Scorpaenidae genera management measures governing the with authorized recreational fishing gear are Sebastes, Scorpaena, Scorpaenodes, and open access fishery. for personal use only, and not for sale Sebastolobus. Open access gear means all types of or barter. Flatfish: fishing gear except: Regional Director means the Director, arrowtooth flounder (arrowtooth turbot), (1) Longline or trap (or pot) gear Northwest Region, NMFS. For fisheries Atheresthes stomias fished by a vessel that has a limited occurring primarily or exclusively in the butter sole, Isopsetta isolepis entry permit affixed with a gear fishery management area seaward of curlfin sole, Pleuronichthys decurrens Dover sole, Microstomus pacificus endorsement for that gear. California, ‘‘Regional Director’’ means English sole, Parophrys vetulus (2) Trawl gear. the Director, Northwest Region, NMFS, flathead sole, Hippoglossoides elassodon Owner of a vessel or vessel owner, as acting upon the recommendation of the Pacific sanddab, Citharichthys sordidus used in this subpart, means a person Director, Southwest Region, NMFS. petrale sole, Eopsetta jordani identified as the current owner in the Reserve means a portion of the harvest rex sole, Glyptocephalus zachirus Certificate of Documentation (CG–1270) guideline or quota set aside at the rock sole, Lepidopsetta bilineata issued by the USCG for a documented beginning of the year to allow for sand sole, Psettichthys melanostictus vessel, or in a registration certificate uncertainties in preseason estimates of starry flounder, Platichthys stellatus issued by a state or the USCG for an DAP and JVP. Groundfish trawl means trawl gear undocumented vessel. Round weight (See § 600.10). that is used under the authority of a Pacific Coast Groundfish Fishery Shoreside processing means valid limited entry permit issued under Management Plan (PCGFMP) means the processing that takes place in a facility this subpart endorsed for trawl gear. It Fishery Management Plan for the that is fixed permanently to land. does not include any type of trawl gear Washington, Oregon, and California Specification is a numerical or listed as ‘‘exempted gear.’’ Groundfish Fishery developed by the descriptive designation of a Harvest guideline means a specified Pacific Fishery Management Council management objective, including but numerical harvest objective that is not a and approved by the Secretary on not limited to: ABC; harvest guideline; quota. Attainment of a harvest guideline January 4, 1982, and as it may be quota; limited entry or open access does not require closure of a fishery. subsequently amended. allocation; a set aside or allocation for Incidental catch or incidental species Permit holder means a permit owner a recreational or treaty Indian fishery; means groundfish species caught while or a permit lessee. an apportionment of the above to an fishing for the primary purpose of Permit lessee means a person who has area, gear, season, fishery, or other catching a different species. the right to possess and use a limited subdivision; DAP, DAH, JVP, TALFF, or Land or landing means to begin entry permit for a designated period of incidental bycatch allowances in foreign transfer of fish from a fishing vessel. time, with reversion to the permit or joint venture fisheries. Once transfer begins, all fish aboard the owner. Target fishing means fishing for the vessel are counted as part of the Permit owner means a person who primary purpose of catching a particular landing. owns a limited entry permit. species or species group (the target Length overall (LOA) (with respect to Person, as it applies to limited entry species). a vessel) means the length overall set and open access fisheries conducted Totally lost means the vessel being forth in the Certificate of Documentation under this subpart, means any replaced no longer exists in specie, or is (CG–1270) issued by the USCG for a individual, corporation, partnership, absolutely and irretrievably sunk or documented vessel, or in a registration association or other entity (whether or otherwise beyond the possible control of certificate issued by a state or the USCG not organized or existing under the laws the owner, or the costs of repair for an undocumented vessel; for vessels of any state), and any Federal, state, or (including recovery) would exceed the that do not have the LOA stated in an local government, or any entity of any repaired value of the vessel. official document, the LOA is the LOA such government that is eligible to own Trip limit means the total allowable as determined by the USCG or by a a documented vessel under the terms of amount of a groundfish species or marine surveyor in accordance with the 46 U.S.C. 12102(a). species complex by weight, or by USCG method for measuring LOA. Processing or to process means the percentage of weight of fish on board Limited entry fishery means the preparation or packaging of groundfish the vessel, that may be taken and fishery composed of vessels using trawl to render it suitable for human retained, possessed, or landed from a gear, longline, and trap (or pot) gear consumption, industrial uses or long- single fishing trip. fished pursuant to the harvest term storage, including, but not limited guidelines, quotas, and other to, cooking, canning, smoking, salting, § 660.303 Reporting and recordkeeping. management measures governing the drying, filleting, freezing, or rendering (a) This subpart recognizes that catch limited entry fishery. into meal or oil, but does not mean and effort data necessary for Limited entry gear means longline, heading and gutting unless additional implementing the PCGFMP are trap (or pot), or groundfish trawl gear preparation is done. collected by the States of Washington, used under the authority of a valid Prohibited species means those Oregon, and California under existing limited entry permit affixed with an species and species groups whose state data collection requirements. endorsement for that gear. retention is prohibited unless Telephone surveys of the domestic 34592 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations industry will be conducted biannually (2) The southern limit is the U.S.- § 660.306 Prohibitions. by NMFS to determine amounts of fish Mexico International Boundary, which In addition to the general prohibitions that will be made available to foreign is a line connecting the following specified in § 600.725 of this chapter, it fishing and JVP. No additional Federal coordinates in the order listed: is unlawful for any person to: reports are required of fishers or (a) Sell, offer to sell, or purchase any processors, so long as the data collection Point N. lat. W. long. groundfish taken in the course of and reporting systems operated by state ° ′ ′′ ° ′ ′′ recreational groundfish fishing. 1 ...... 32 35 22 117 27 49 (b) Retain any prohibited species agencies continue to provide NMFS 2 ...... 32°37′37′′ 117°49′31′′ with statistical information adequate for . (defined in § 660.302) caught by means management. 3 ...... 31°07′58′′ 118°36′18′′ of fishing gear authorized under this (b) Any person who is required to do 4 ...... 30°32′31′′ 121°51′58′′ subpart or unless authorized by part 600 so by the applicable state law must of this chapter. Prohibited species must make and/or file, retain, or make (f) International boundaries. (1) Any be returned to the sea as soon as available any and all reports of person fishing subject to this subpart is practicable with a minimum of injury groundfish landings containing all data, bound by the international boundaries when caught and brought on board. and in the exact manner, required by the described in this section, (c) Falsify or fail to affix and maintain applicable state law. notwithstanding any dispute or vessel and gear markings as required by negotiation between the United States § 660.305 or § 660.322(c). § 660.304 Management areas. and any neighboring country regarding (d) Fish for groundfish in violation of (a) Vancouver. (1) The northeastern their respective jurisdictions, until such any terms or conditions attached to an boundary is that part of a line time as new boundaries are established EFP under part 600.745. connecting the light on Tatoosh Island, or recognized by the United States. (e) Fish for groundfish using gear not WA, with the light on Bonilla Point on (2) The inner boundary of the fishery authorized under § 660.322 or in Vancouver Island, British Columbia (at management area is a line coterminous violation of any terms or conditions 48°35′75′′ N. lat., 124°4300 W. long.) with the seaward boundaries of the attached to an EFP under part 600.745. south of the International Boundary States of Washington, Oregon, and (f) Take and retain, possess, or land between the U.S. and Canada (at California (the ‘‘3-mile limit’’). more groundfish than specified under 48°2937.19 N. lat., 124°4333.19 W. (3) The outer boundary of the fishery § 660.321, § 660.323, or under an EFP long.), and north of the point where that management area is a line drawn in issued under part 600 of this chapter. line intersects with the boundary of the such a manner that each point on it is (g) Falsify or fail to make and/or file, U.S. territorial sea. 200 nm from the baseline from which retain or make available any and all (2) The northern and northwestern the territorial sea is measured, or is a reports of groundfish landings, boundary is a line connecting the provisional or permanent international containing all data, and in the exact following coordinates in the order boundary between the United States and manner, required by the applicable State listed, which is the provisional Canada or Mexico. law, as specified in § 660.303, provided international boundary of the EEZ as that person is required to do so by the shown on NOAA/NOS Charts #18480 § 660.305 Vessel identification. applicable state law. and #18007: (a) Display. The operator of a vessel (h) Fail to sort, prior to the first that is over 25 ft (7.6 m) in length and weighing after offloading, those Point N. lat. W. long. is engaged in commercial fishing for groundfish species or species groups for groundfish must display the vessel’s which there is a trip limit, if the weight 1 ...... 48°29′37.19′′ 124°43′33.19′′ official number on the port and of the total delivery exceeds 3,000 lb 2 ...... 48°30′11′′ 124°47′13′′ starboard sides of the deckhouse or hull, (1,361 kg) (round weight or round- 3 ...... 48°30′22′′ 124°50′21′′ ° ′ ′′ ° ′ ′′ and on a weather deck so as to be visible weight equivalent). 4 ...... 48 30 14 124 54 52 from above. The number must contrast (i) Possess, deploy, haul, or carry 5 ...... 48°29′57′′ 124°59′14′′ 6 ...... 48°29′44′′ 125°00′06′′ with the background and be in block onboard a fishing vessel subject to these 7 ...... 48°28′09′′ 125°05′47′′ Arabic numerals at least 18 inches (45.7 regulations a set net, trap or pot, 8 ...... 48°27′10′′ 125°08′25′′ cm) high for vessels over 65 ft (19.8 m) longline, or commercial vertical hook- 9 ...... 48°26′47′′ 125°09′12′′ long and at least 10 inches (25.4 cm) and-line that is not in compliance with 10 ...... 48°20′16′′ 125°22′48′′ high for vessels between 25 and 65 ft the gear restrictions in § 660.322, unless 11 ...... 48°18′22′′ 125°29′58′′ (7.6 and 19.8 m) in length. The length such gear is the gear of another vessel 12 ...... 48°11′05′′ 125°53′48′′ of a vessel for purposes of this section that has been retrieved at sea and made 13 ...... 47°49′15′′ 126°40′57′′ ° ′ ′′ ° ′ ′′ is the length set forth in USCG records inoperable or stowed in a manner not 14 ...... 47 36 47 127 11 58 or in state records, if no USCG record capable of being fished. The disposal at 15 ...... 47°22′00′′ 127°41′23′′ 16 ...... 46°42′05′′ 128°51′56′′ exists. sea of such gear is prohibited by Annex 17 ...... 46°31′47′′ 129°07′39′′ (b) Maintenance of numbers. The V of the International Convention for operator of a vessel engaged in the Prevention of Pollution From Ships, (3) The southern limit is 47°30′ N. lat. commercial fishing for groundfish must 1973 (Annex V of MARPOL 73/78). (b) Columbia. (1) The northern limit is keep the identifying markings required (j) Process Pacific whiting in the 47°30′ N. lat. by paragraph (a) of this section clearly fishery management area during times (2) The southern limit is 43°00′ N. lat. legible and in good repair, and must or in areas where at-sea processing is (c) Eureka. (1) The northern limit is ensure that no part of the vessel, its prohibited, unless the fish were 43°00′ N. lat. rigging, or its fishing gear obstructs the received from a member of a Pacific (2) The southern limit is 40°30′ N. lat. view of the official number from an Coast treaty Indian tribe fishing under (d) Monterey. (1) The northern limit is enforcement vessel or aircraft. § 663.324. 40°30′ N. lat. (c) Commercial passenger vessels. (k) Take and retain or receive, except (2) The southern limit is 36°00′ N. lat. This section does not apply to vessels as cargo, Pacific whiting on a vessel in (e) Conception. (1) The northern limit carrying fishing parties on a per-capita the fishery management area that is 36°00′ N. lat. basis or by charter. already possesses processed Pacific Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34593 whiting on board, during times or in endorsement for the gear used to catch (c) Routine management measures. areas where at-sea processing is the fish. Management measures designated prohibited, unless the fish were (q) Carry on board a vessel, or deploy, ‘‘routine’’ at § 660.323(b) may be received from a member of a Pacific limited entry gear when the limited adjusted during the year after Coast treaty Indian tribe fishing under entry fishery for that gear is closed. recommendation from the Council, § 663.324; when taking and retention is (r) Refuse to submit fishing gear of approval by NMFS, and publication in prohibited under § 663.323(a)(4)(iv), fail fish subject to such person’s control to the Federal Register. to keep the trawl doors on board the inspection by an authorized officer, or (d) Changes to the regulations. vessel and attached to the trawls on a to interfere with or prevent, by any Regulations under this subpart may be vessel used to fish for whiting. means, such an inspection. promulgated, removed, or revised. Any (l) Have onboard a commercial hook- such action will be made according to and-line fishing vessel (other than a § 660.321 Specifications and management the framework standards and vessel operated by persons under measures. procedures in the PCGFMP and other § 660.323(b)(1)(ii)), more than the (a) General. NMFS will establish and applicable law, and will be published in amount of the trip limit set for black adjust specifications and management the Federal Register. rockfish by § 660.323 while that vessel measures annually and during the is fishing between the U.S.-Canada fishing year. Management of the Pacific § 660.322 Gear restrictions. border and Cape Alava (48°09′30′′ N. Coast groundfish fishery will be (a) General. The following types of lat.), or between Destruction Island conducted consistent with the standards fishing gear are authorized, with the (47°40′00′′ N. lat.) and Leadbetter Point and procedures in the PCGFMP and restrictions set forth in this section: (46°38′10′′ N. lat.). other applicable law. The PCGFMP is Trawl (bottom and pelagic), hook-and- (m) Fish with groundfish trawl gear, available from the Regional Director or line, longline, pot or trap, set net or carry groundfish trawl gear on board the Council. (anchored gillnet or trammel net), and a vessel that also has groundfish on (b) Annual actions. The Pacific Coast spear. board (unless the vessel is in continuous groundfish fishery is managed on a (b) Trawl gear—(1) Use. Trawl nets transit from outside the fishery calendar year basis. Even though may be used on and off the seabed. management area to a port in specifications and management Trawl nets may be fished with or Washington, Oregon, or California), measures are announced annually, they without otter boards, and may use without having a limited entry permit may apply for more than 1 year. In warps or cables to herd fish. valid for that vessel affixed with a gear general, management measures are (2) Mesh size. Trawl nets may be used endorsement for trawl gear. designed to achieve, but not exceed, the if they meet the minimum mesh sizes (n) Fail to carry onboard a vessel that specifications, particularly harvest set forth in this paragraph (b)(2). The vessel’s limited entry permit if required. guidelines, limited entry and open minimum sizes apply throughout the (o) Make a false statement on an access allocations, or other approved net. Minimum trawl mesh size application for issuance, renewal, fishery allocations. Annual requirements are met if a 20-gauge transfer, vessel registration, or specifications and management stainless steel wedge, 3.0 or 4.5 inches replacement of a limited entry permit. measures are developed at two Council (7.6 or 11.4 cm) (depending on the gear (p) Take and retain, possess, or land meetings and published in the Federal being measured), less one thickness of groundfish in excess of the landing limit Register at the beginning of the year, the metal wedge, can be passed with for the open access fishery without according to the standards and only thumb pressure through at least 16 having a valid limited entry permit for procedures in the PCGFMP and other of 20 sets of two meshes each of wet the vessel affixed with a gear applicable law. mesh.

MINIMUM TRAWL-MESH SIZE IN INCHES 1

Subarea Trawl conception type Vancouver Columbia Eureka Monterey

Bottom ...... 4.5 4.5 4.5 4.5 4.5 Pelagic ...... 3.0 3.0 3.0 3.0 3.0 1 Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.

(3) Chafing gear. Chafing gear may (4) Codends. Only single-walled encircle the net under transfer cables, encircle no more than 50 percent of the codends may be used in any trawl. lifting or splitting straps (chokers), but net’s circumference, except as provided Double-walled codends are prohibited. must be: Over riblines and restraining in paragraph (b)(5) of this section. No (5) Pelagic trawls. Pelagic trawl nets straps; the same mesh size and coincide section of chafing gear may be longer must have unprotected footropes at the knot-to-knot with the net to which it is than 50 meshes of the net to which it trawl mouth, and must not have rollers, attached; and no wider than 16 meshes. is attached. Except at the corners, the bobbins, tires, wheels, rubber discs, or (c) Fixed gear. (1) Fixed gear terminal end of each section of chafing any similar device anywhere in the net. (longline, trap or pot, set net and gear must not be connected to the net. Sweeplines, including the bottom leg of stationary hook-and-line gear, including (The terminal end is the end farthest the bridle, must be bare. For at least 20 commercial vertical hook-and-line gear) from the mouth of the net.) Chafing gear ft (6.15 m) immediately behind the must be: must be attached outside any riblines footrope or headrope, bare ropes or and restraining straps. There is no limit mesh of 16-inch (40.6-cm) minimum (i) Marked at the surface, at each on the number of sections of chafing mesh size must completely encircle the terminal end, with a pole, flag, light, gear on a net. net. A band of mesh (a ‘‘skirt’’) may radar reflector, and a buoy, except as 34594 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations provided in paragraph (c)(2) of this landed from 12 noon August 29 through and/or size limits to protect juvenile section. 12 noon September 1. sablefish in the limited entry or open- (ii) Attended at least once every 7 (B) All fixed gear used to take and access fisheries also may be imposed at days. retain groundfish must be out of EEZ any time under paragraph (b) of this (2) Commercial vertical hook-and-line waters from 12 noon August 29 through section. Trip limits may be imposed in gear that is closely tended may be 12 noon September 1, except that pot the open-access fishery at any time marked only with a single buoy of gear used to take and retain groundfish under paragraph (b) of this section. sufficient size to float the gear. ‘‘Closely may be deployed and baited in the EEZ (3) Pacific whiting—(i) Season. The tended’’ means that a vessel is within after 12 noon on August 31. regular season for Pacific whiting begins visual sighting distance or within 0.25 (ii) Regular season—limited entry on May 15 north of 42°00′ N. lat., on nm (463 m) as determined by electronic fishery. The regular season for the March 1 between 42°00′ N. lat. and navigational equipment, of its limited entry nontrawl sablefish fishery 40°30′ N. lat., and on April 15 south of commercial vertical hook-and-line gear. begins at 1201 hours on August 6. 40°30′ N. lat. Before and after the regular (3) A buoy used to mark fixed gear During the regular season, the limited season, trip landing or frequency limits under paragraph (c)(1)(i) or (c)(2) of this entry nontrawl sablefish fishery may be may be imposed under paragraph (b) of section must be marked with a number subject to trip limits to protect juvenile this section. clearly identifying the owner or operator sablefish. The regular season will end (ii) Closed areas. Pacific whiting may of the vessel. The number may be either: when 70 percent of the limited entry not be taken and retained in the (i) If required by applicable state law, nontrawl allocation has been or is following portions of the fishery the vessel’s number, the commercial projected to be taken. The end of the management area: fishing license number, or buoy brand regular season may be announced in the (A) Klamath River Salmon number; or Federal Register either before or during Conservation Zone. The ocean area (ii) The vessel documentation number the regular season. surrounding the Klamath River mouth issued by the USCG, or, for an (iii) Mop-up season—limited entry bounded on the north by 41°38′48′′ N. undocumented vessel, the vessel fishery. A mop-up season to take the lat. (approximately 6 nm north of the registration number issued by the state. remainder of the limited entry nontrawl Klamath River mouth), on the west by (d) Set nets. Fishing for groundfish allocation will begin about 3 weeks after 124°23′ W. long. (approximately 12 nm with set nets is prohibited in the fishery the end of the regular season, or as soon from shore), and on the south by management area north of 38°00′ N. lat. as practicable thereafter. During the 41°26′48′′ N. lat. (approximately 6 nm (e) Traps or pots. Traps must have mop-up fishery, a cumulative trip limit south of the Klamath River mouth). biodegradable escape panels will be imposed. The length of the mop- (B) Columbia River Salmon constructed with # 21 or smaller up season and amount of the cumulative Conservation Zone. The ocean area untreated cotton twine in such a manner trip limit, including the time period to surrounding the Columbia River mouth that an opening at least 8 inches (20.3 which it applies, will be determined by bounded by a line extending for 6 nm ° ′ cm) in diameter results when the twine the Regional Director in consultation due west from North Head along 46 18 ° ′ ′′ deteriorates. with the Council or its designees, and N. lat. to 124 13 18 W. long., then (f) Recreational fishing. The only will be based primarily on the amount southerly along a line of 167 True to types of fishing gear authorized for of fish remaining in the allocation and 46°11′06′′ N. lat. and 124°11′ W. long. recreational fishing are hook-and-line the number of participants anticipated. (Columbia River Buoy), then northeast and spear. The Regional Director may determine along Red Buoy Line to the tip of the (g) Spears. Spears may be propelled that too little of the nontrawl allocation south jetty. by hand or by mechanical means. remains to conduct an orderly or (iii) Eureka area trip limits. Trip manageable fishery, in which case there landing or frequency limits may be § 660.323 Catch restrictions. will not be a mop-up season. established, modified, or removed under (a) Groundfish species harvested in (iv) Other announcements. The dates § 660.321 or § 660.323, specifying the the territorial sea (0–3 nm) will be and times that the regular season ends amount of Pacific whiting that may be counted toward the catch limitations in (and trip limits on sablefish of all sizes taken and retained, possessed, or landed this section. are resumed) and the mop-up season by a vessel that, at any time during a (1) Black rockfish. The trip limit for begins and ends, and the size of the trip fishing trip, fished in the fishery black rockfish (Sebastes melanops) for limit for the mop-up fishery, will be management area shoreward of the 100- commercial fishing vessels using hook- announced in the Federal Register, and fathom (183-m) contour (as shown on and-line gear between the U.S.-Canada may be modified. Unless otherwise NOAA Charts 18580, 18600, and 18620) border and Cape Alava (48°09′30′′ N. announced, these seasons will begin in the Eureka area (from 43°00′ to 40°30′ lat.), and between Destruction Island and end at 12 noon on the specified N. lat.). (47°40′ N. lat.) and Leadbetter Point date. A vessel landing sablefish in Puget (iv) At-sea processing. Pacific whiting (46°38′10′′ N. lat.), is 100 lbs (45 kg) or Sound that was taken under a limited may not be processed at sea south of 30 percent, by weight of all fish on entry permit with nontrawl gear during 42°00′ N. lat. (Oregon-California border). board, whichever is greater, per vessel a regular season is not subject to trip (v) Time of day. Pacific whiting may per fishing trip. limits on that trip (except the regular not be taken and retained by any vessel (2) Nontrawl sablefish. This paragraph season trip limits to protect juvenile in the fishery management area south of (a)(2) applies to the limited entry sablefish), provided the landing 42°00′ N. lat. between 0001 hours to fishery, except for paragraphs (a)(2)(i) complies with Washington State one-half hour after official sunrise (local and (v), which also apply to the open- regulations governing sablefish landings time). During this time south of 42°00′ access fishery. in Puget Sound after the regular season. N. lat., trawl doors must be on board (i) Pre-season closure—open-access (v) Trip limits. Trip and/or frequency any vessel used to fish for whiting and and limited entry fisheries. limits may be imposed in the limited the trawl must be attached to the trawl (A) Sablefish taken with fixed gear in entry fishery before and after the regular doors. Official sunrise is determined, to the limited entry or open access fishery season, and after the mop-up season, the nearest 5° lat., in The Nautical in the EEZ may not be retained or under paragraph (b) of this section. Trip Almanac issued annually by the Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34595

Nautical Almanac Office, U.S. Naval followed by publication in the Federal fishing while allowing small incidental Observatory, and available from the U.S. Register, in which instance public catches to be landed; to allow small Government Printing Office. comment will be sought for a reasonable fisheries to operate outside the normal (4) Pacific whiting—allocation. The period of time thereafter. If insufficient season; and, for the open access fishery following provisions apply from 1994 time exists to consult with the Council, only, to maintain landings at the through 1996— the Regional Director will inform the historical proportions during the 1984– (i) Shoreside reserve. When 60 Council in writing of actions taken. 88 window period. percent of the commercial harvest (b) Routine management measures. In (B) Size limits—to protect juvenile guideline for Pacific whiting has been or addition to the catch restrictions in this fish; to extend the fishing season. is projected to be taken, further at-sea section, other catch restrictions that are (2) Recreational—(i) Species and gear. processing of Pacific whiting will be likely to be adjusted on an annual or (A) Lingcod—all gear—bag and size prohibited pursuant to paragraph more frequent basis may be imposed limits. (a)(4)(iv) of this section. The remaining and announced by a single notification (B) Rockfish—all gear—bag limits. 40 percent of the harvest guideline is in the Federal Register if they first have (ii) Reasons for ‘‘routine’’ reserved for harvest by vessels been designated as ‘‘routine’’ according management measures. All routine delivering to shoreside processors. to the applicable procedures in the management measures on recreational (ii) Release of reserve. That portion of PCGFMP. The following catch fisheries are intended to keep landings the commercial harvest guideline that restrictions are designated as routine for within the harvest levels announced by the Regional Director determines will the reasons given in paragraph (b)(1)(ii) NMFS. In addition, the following not be used by shoreside processors by of this section: reasons apply: the end of that fishing year shall be (1) Commercial-limited entry and (A) Bag limits—to spread the available made available for harvest by all fishing open access fisheries— catch over a large number of anglers; to vessels, regardless of where they (i) Species and gear. (A) Widow avoid waste; for consistency with state deliver, on August 15 or as soon as rockfish—all gear—trip landing and regulations. practicable thereafter. NMFS may again frequency limits. (B) Size limits—to protect juvenile release whiting at a later date if it (B) Sebastes complex—all gear—trip fish; to enhance the quality of the becomes obvious, after August 15, that landing and frequency limits. recreational fishing experience; for shore-based needs have been (C) Yellowtail rockfish—all gear—trip consistency with state regulations. substantially over-estimated, but only landing and frequency limits. (c) Prohibited species. Groundfish after consultation with the Council and (D) Pacific ocean perch—all gear—trip species or species groups under the only to insure full utilization of the landing and frequency limits. PCGFMP for which quotas have been resource. (E) Sablefish—all gear—trip landing, achieved and the fishery closed are (iii) Estimates. Estimates of the frequency, and size limits. prohibited species. In addition, the amount of Pacific whiting harvested (F) Dover sole—all gear—trip landing following are prohibited species: will be based on actual amounts and frequency limits. (1) Any species of salmonid. harvested, projections of amounts that (G) Thornyheads (shortspine (2) Pacific halibut. will be harvested, or a combination of thornyheads or longspine thornyheads, (3) Dungeness crab caught seaward of the two. Estimates of the amount of separately or combined)—all gear—trip Washington or Oregon. Pacific whiting that will be used by landing and frequency limits. shoreside processors by the end of the (H) Bocaccio—all gear—trip landing § 663.324 Pacific Coast treaty Indian fishing year will be based on the best and frequency limits. fisheries. information available to the Regional (I) Pacific whiting—all gear—trip (a) Pacific Coast treaty Indian tribes Director from state catch and landings landing and frequency limits. have treaty rights to harvest groundfish data, the survey of domestic processing (J) Lingcod—all gear—trip landing in their usual and accustomed fishing capacity and intent, testimony received and frequency limits; size limits. areas in U.S. waters. at Council meetings, and/or other (K) Canary rockfish—all gear—trip (b) For the purposes of this part, relevant information. landing and frequency limits. Pacific Coast treaty Indian tribes means (iv) Announcements. The Assistant (L) All groundfish, separately or in the Hoh, Makah, and Quileute Indian Administrator will announce in the any combination—any legal open access Tribes and the Quinault Indian Nation. Federal Register when 60 percent of the gear (including non-groundfish trawl (c) The Pacific Coast treaty Indian commercial harvest guideline for gear used to harvest pink shrimp, spot tribes’ usual and accustomed fishing whiting has been, or is about to be, or ridgeback prawns, California halibut areas within the fishery management harvested, specifying a time after which or sea cucumbers in accordance with area (FMA) are set out below in further at-sea processing of Pacific the regulations in this subpart)—trip paragraphs (c)(1) through (c)(4) of this whiting in the fishery management area landing and frequency limits. (Size section. Boundaries of a tribe’s fishing is prohibited. The Assistant limits designated routine in this section area may be revised as ordered by a Administrator will publish a document continue to apply.) Federal court. in the Federal Register to announce any (ii) Reasons for ‘‘routine’’ (1) Makah—That portion of the FMA release of the reserve on August 15, or management measures. All routine north of 48°02′15′′ N. lat. (Norwegian as soon as practicable thereafter. In management measures on commercial Memorial) and east of 125°44′00′′ W. order to prevent exceeding the limits or fisheries are intended to keep landings long. underutilizing the resource, adjustments within the harvest levels announced by (2) Quileute—That portion of the may be made effective immediately by NMFS. In addition, the following FMA between 48°07′36′′ N. lat. (Sand actual notice to fishermen and reasons apply: Point) and 47°31′42′′ N. lat. (Queets processors, by phone, fax, Northwest (A) Trip landing and frequency River) and east of 125°44′00′′ W. long. Region computerized bulletin board limits—to extend the fishing season; to (3) Hoh—That portion of the FMA (contact 206–526–6128), letter, press minimize disruption of traditional between 47°54′18′′ N. lat. (Quillayute release, and/or U.S. Coast Guard Notice fishing and marketing patterns; to River) and 47°21′00′′ N. lat. (Quinault to Mariners (monitor channel 16 VHF), reduce discards; to discourage target River) and east of 125°44′00′′ W. long. 34596 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

(4) Quinault—That portion of the areas between the U.S.-Canadian border any vessel that does not initially receive FMA between 47°40′06′′ N. lat. and Cape Alava (48°09′30′′ N. lat.) and a limited entry permit. (Destruction Island) and 46°53′18′′ N. between Destruction Island (47°40′00′′ (2) Dividing that amount by the total lat. (Point Chehalis) and east of N. lat.) and Leadbetter Point (46°38′10′′ catch during the window period by all 125°44′00′′ W. long. N. lat.), in accordance with the gear. (d) Procedures. The rights referred to procedures for implementing annual (3) The guidelines in this paragraph in paragraph (a) of this section will be specifications. Pacific Coast treaty (b)(3) apply to recalculation of the open implemented by the Secretary, after Indians fishing for black rockfish in access allocation percentage. Any consideration of the tribal request, the these areas under these harvest recalculated allocation percentage will recommendation of the Council, and the guidelines are subject to the provisions be used in calculating the following comments of the public. The rights will in this section, and not to the year’s open access allocation. If a gear be implemented either through an restrictions in other sections of this part. type is prohibited by a state or the allocation of fish that will be managed (k) Groundfish without a tribal Secretary and a vessel thereby qualifies by the tribes, or through regulations in allocation. Makah tribal members may for a limited entry permit under this this section that will apply specifically use midwater trawl gear to take and subpart, or if a small limited entry fleet to the tribal fisheries. An allocation or retain groundfish for which there is no is incorporated into the limited entry a regulation specific to the tribes shall tribal allocation and will be subject to fishery under § 660.338, the window- be initiated by a written request from a the trip landing and frequency and size period catch of these vessels will be Pacific Coast treaty Indian tribe to the limits applicable to the limited entry deducted from the open access fishery’s Regional Director, prior to the first of fishery. historical catch levels and the open the Council’s two annual groundfish access allocation percentage meetings. The Secretary generally will § 660.331 Limited entry and open access recalculated accordingly. announce the annual tribal allocation at fisheriesÐgeneral. (c) Catch accounting between the the same time as the annual All commercial fishing for groundfish limited entry and open access fisheries. specifications. The Secretary recognizes must be conducted in accordance with Any groundfish caught by a vessel with the sovereign status and co-manager role the regulations governing limited entry a limited entry permit will be counted of Indian tribes over shared Federal and and open access fisheries, except such against the limited entry allocation tribal fishery resources. Accordingly, fishing by treaty Indian tribes as may be while the limited entry fishery for that the Secretary will develop tribal separately provided for. vessel’s limited entry gear is open. allocations and regulations under this When the fishery for a vessel’s limited § 660.332 Allocations. paragraph in consultation with the entry gear has closed, groundfish caught affected tribe(s) and, insofar as possible, (a) General. The commercial portion by that vessel with open access gear will with tribal consensus. of the Pacific Coast groundfish fishery, be counted against the open access (e) Identification. A valid treaty excluding the treaty Indian fishery, is allocation. All groundfish caught by Indian identification card issued divided into limited entry and open vessels without limited entry permits pursuant to 25 CFR part 249, subpart A, access fisheries. Separate allocations for will be counted against the open access is prima facie evidence that the holder the limited entry and open access allocation. is a member of the Pacific Coast treaty fisheries will be established annually for (d) Additional guidelines. Additional Indian tribe named on the card. certain species and/or areas using the guidelines governing determination of (f) A limited entry permit under procedures described in this subpart or the limited entry and open access subpart C is not required for the PCGFMP. allocations are in the PCGFMP. participation in a tribal fishery (1) Limited entry allocation. The (e) Treaty Indian fisheries. Certain described in paragraph (d) of this allocation for the limited entry fishery is amounts of groundfish may be set aside section. the allowable catch (harvest guideline or annually for tribal fisheries prior to (g) Fishing under this section by a quota excluding set asides for dividing the balance of the allowable member of a Pacific Coast treaty Indian recreational or tribal Indian fisheries) catch between the limited entry and tribe within their usual and accustomed minus the allocation to the open access open access fisheries. Tribal fisheries fishing area is not subject to the fishery. conducted under a set-aside are not provisions of other sections of this part. (2) Open access allocation. The subject to the regulations governing (h) Any member of a Pacific Coast allocation for the open access fishery is limited entry and open access fisheries. treaty Indian tribe must comply with derived by applying the open access (f) Recreational fisheries. Recreational this section, and with any applicable allocation percentage to the annual fishing for groundfish is outside the tribal law and regulation, when harvest guideline or quota after scope of, and not affected by, the participating in a tribal groundfish subtracting any set asides for regulations governing limited entry and fishery described in paragraph (d) of recreational or tribal Indian fisheries. open access fisheries. Certain amounts this section. For management areas where quotas or of groundfish may be specifically (i) Fishing by a member of a Pacific harvest guidelines for a stock are not allocated to the recreational fishery, and Coast treaty Indian tribe outside the fully utilized, no separate allocation will be set aside prior to dividing the applicable Indian tribe’s usual and will be established for the open access commercial allocation between the accustomed fishing area, or for a species fishery until it is projected that the commercial limited entry and open of groundfish not covered by an allowable catch for a species will be access fisheries. allocation or regulation under this reached. section, is subject to the regulations in (b) Open access allocation percentage. § 660.333 Limited entry fishery-general. the other sections of this part. For each species with a harvest (a) General. Participation in the (j) Black rockfish. Harvest guidelines guideline or quota, the initial open limited entry fishery requires that the for commercial harvests of black access allocation percentage is owner of a vessel have a limited entry rockfish by members of the Pacific Coast calculated by: permit affixed with a gear endorsement Indian tribes using hook and line gear (1) Computing the total catch for that registered for use with that vessel for the will be established annually for the species during the window period by gear being fished. There are four types Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34597 of gear endorsements: ‘‘A,’’ ‘‘Provisional issued, renewed, transferred, registered, be endorsed with the LOA for the size A,’’ ‘‘B,’’ and ‘‘Designated species B.’’ or replaced. of the vessel that initially qualified for More than one type of gear endorsement (d) Evidence and burden of proof. A the permit, except: may be affixed to a limited entry permit. vessel owner (or person holding limited (i) If the permit was initially issued While the limited entry fishery is open, entry rights under the express terms of under section 14.3.2.3.8 of the FMP [re vessels fishing under limited entry a written contract) applying for pre-1991 replacement vessels qualifying permits may also fish with open access issuance, renewal, transfer, or for ‘‘provisional A’’ permits] for a gear. All fishing with open access gear registration of a limited entry permit has replacement vessel that was more than is subject to regulations applicable to the burden to submit evidence to prove 5 ft (1.52 m) longer than the replaced the open access fishery. Vessels with that qualification requirements are met. vessel, the permit will be endorsed for limited entry permits may also The following evidentiary standards the size of the replacement vessel. participate in the open access fishery apply: (ii) If the permit was initially issued when the limited entry fishery is closed, (1) A certified copy of the current to a replacement trawl vessel that was but only with open access gear. vessel document (USCG or state) is the more than 5 ft (1.52 m) shorter than the (b) Renewal of limited entry permits best evidence of vessel ownership and replaced vessel, it will be endorsed for and gear endorsements. LOA. the size of the smaller replacement (1) Limited entry permits expire at the (2) A certified copy of a state fish vessel. end of each calendar year, and must be receiving ticket is the best evidence of (iii) If the permit is registered for use with a trawl vessel that is more than 5 renewed between October 1 and a landing, and of the type of gear used. ft (1.52 m) shorter than the size for November 30 of each year in order to (3) A copy of a written contract which the permit is endorsed, it will be remain in force the following year. reserving or conveying limited entry endorsed for the size of the smaller (2) Notification to renew limited entry rights is the best evidence of reserved or acquired rights. vessel. permits will be issued by FMD prior to (iv) When permits are combined into September 1 each year to the most (4) Such other relevant, credible evidence as the applicant may submit, one permit to be registered for use with recent address of the permit owner. The a vessel requiring a larger size permit owner shall provide FMD with or the FMD or the Regional Director request or acquire, may also be endorsement, the new permit will be notice of any address change within 15 endorsed for the size of the larger vessel. days of the change. considered. (e) Initial decisions. Initial decisions (2) Limitations of size endorsements— (3) A limited entry permit that is regarding issuance, renewal, transfer, (i) A limited entry permit endorsed only allowed to expire will not be renewed and registration of limited entry for gear other than trawl gear may be unless the FMD determines that failure permits, and endorsement upgrade, will registered for use with a vessel up to 5 to renew was proximately caused by the be made by the FMD. ft (1.52 m) longer than, the same length illness, injury, or death of the permit Adverse decisions shall be in writing as, or any length shorter than, the size owner. and shall state the reasons therefor. The endorsed on the existing permit without (c) Transfer and registration of limited FMD may decline to act on an requiring a combination of permits entry permits and gear endorsements. application for issuance, renewal, under paragraph (i) of this section or a (1) Upon transfer of a limited entry transfer, or registration of a limited change in the size endorsement. permit, the FMD will reissue the permit entry permit if the permit sanction (ii) A limited entry permit endorsed in the name of the new permit holder provisions of the Magnuson Act at 16 for trawl gear may be registered for use with such gear endorsements as are U.S.C. 1858(a) and implementing with a vessel between 5 ft (1.52 m) eligible for transfer with the permit. No regulations at 15 CFR part 904, subpart shorter and 5 ft (1.52 m) longer than the transfer is effective until the limited D, apply. size endorsed on the existing permit entry permit has been reissued and is in (f) Transfers. Limited entry permits without requiring a combination of the possession of the new permit holder. are transferable as follows: permits under paragraph (i) of this (2) A limited entry permit may not be (1) The permit owner may transfer (by section or a change in the size used with a vessel unless it is registered sale, assignment, lease, bequest, endorsement under paragraph (h)(1)(iii) for use with that vessel. Limited entry intestate succession, barter, trade, gift, of this section. permits will normally be registered for or other form of conveyance) the limited (iii) Combining limited entry permits. use with a particular vessel at the time entry permit to a different person. The Two or more limited entry permits with the permit is issued, renewed, permit holder may register the permit ‘‘A’’ gear endorsements for the same transferred, or replaced. A permit not for use with a different vessel under the type of limited entry gear may be registered for use with a particular same ownership, subject to the combined and reissued as a single vessel may not be used. If the permit conditions set forth in this subpart. permit with a larger size endorsement. will be used with a vessel other than the (2) Gear endorsements may not be The vessel harvest capacity rating for one registered on the permit, a transferred separately from the limited each of the permits being combined is registration for use with the new vessel entry permit. that indicated in Table 2 of this part for must be obtained from the FMD and (3) Except as provided in the LOA (in feet) endorsed on the placed aboard the vessel before it is §§ 660.335(b), 660.336(b), and respective limited entry permit. Harvest used under the permit. 660.337(b)(2), only ‘‘A’’ gear capacity ratings for fractions of a foot in (3) Application forms for the transfer endorsements remain valid with the vessel length will be determined by and registration of limited entry permits transfer of a limited entry permit. multiplying the fraction of a foot in are available from the FMD (see part 600 (g) Eligibility. Only a person eligible to vessel length by the difference in the for address of the Regional Director). own a documented vessel under the two ratings assigned to the nearest Contents of the application, and terms of 46 U.S.C. 12102(a) may be integers of vessel length. The length required supporting documentation, are issued or may hold (by ownership or rating for the combined permit is that specified in the application form. otherwise) a limited entry permit. indicated for the sum of the vessel (4) The FMD will maintain records of (h) Vessel size endorsements—(1) harvest capacity ratings for each permit all limited entry permits that have been General. The limited entry permit will being combined. If that sum falls 34598 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations between the sums for two adjacent § 660.337 Limited entry permitsÐ equal seniority will be ranked equally. lengths on Table 2 of this part, the ``designated species B'' endorsement. ‘‘Designated species B’’ endorsements length rating shall be the higher length. (a) Issuance criteria—(1) General. will be issued first to all vessels with (i) Limited entry permits indivisible. Designated species means Pacific the highest seniority, then to those with Limited entry permits may not be whiting, jack mackerel north of 39° N. the next highest seniority, and so on divided for use by more than one vessel. lat., and shortbelly rockfish. Bycatch down the list. No further endorsements allowances in fisheries for these species will be issued when it is estimated that § 660.334 Limited entry permitsÐ''A'' will be established using the procedures the commitments of applicants endorsement. specified for incidental allowances in receiving endorsements is sufficient to (a) A limited entry permit with an joint venture and foreign fisheries in the take the ‘‘designated species B’’ catch ‘‘A’’ endorsement entitles the holder to PCGFMP. limit. If there are insufficient participate in the limited entry fishery (2) Catch limit. On or about October commitments by senior applicants to for all groundfish species with the 1 of each year, the FMD will determine take the ‘‘designated species B’’ catch type(s) of limited entry gear specified in the commitment of persons with limited limit, additional applications will be the endorsement. entry permits with ‘‘A’’ gear ranked by lottery and a number of (b) An ‘‘A’’ endorsement is endorsements (the ‘‘limited entry fleet’’) endorsements sufficient to take the transferable with the limited entry to harvest each designated species for catch limit will be issued. permit to another person, or a different delivery to domestic processors during (b) Attributes. (1) A limited entry vessel under the same ownership under the coming year. ‘‘Commitment’’ means permit with a ‘‘designated species B’’ § 660.333. a permit holder’s contract or agreement endorsement entitles the permit (c) An ‘‘A’’ endorsement expires on with a specific domestic processor to recipient to fish only for the species, failure to renew the limited entry permit deliver an estimated amount of the and only with the gear, specified in the to which it is affixed (see § 660.333). designated species. The ‘‘designated endorsement. species B’’ endorsement catch limit is (2) A ‘‘designated species B’’ § 660.335 Limited entry permitsÐ the harvest guideline or quota for the endorsement is not transferable to ''Provisional A'' endorsement. designated species minus the another person, and may not be used (a) A ‘‘provisional A’’ endorsement commitment of the limited entry fleet. If with a different vessel under the same entitles the permit owner to fish for all the commitment is less than DAP and ownership, unless the vessel has been groundfish species with the types of the harvest guideline or quota for the totally lost and replaced consistent with limited entry gear specified in the species, ‘‘designated species B’’ the provisions of the PCGFMP, in which endorsement. endorsements valid for delivery to case the replacement vessel has the (b) A ‘‘provisional A’’ endorsement is domestic processors will be issued in same seniority as the lost vessel for not transferrable except as specified in numbers necessary to reach but not purposes of a ‘‘designated species B’’ the PCGFMP. exceed the harvest guideline or quota. endorsement. (c) The holder of a ‘‘provisional A’’ ‘‘Designated species B’’ endorsements (3) A ‘‘designated species B’’ endorsement must comply with the also may be issued for delivery to endorsement is valid only for the fishing requirements set out in the PCGFMP at foreign processors of designated species year for which it is issued. 14.3.2.4 in order for the permit to be for which a JVP is established. If, at any upgraded to an ‘‘A’’ permit. time during the fishing year, the FMD § 660.338 Limited entry permitsÐnew (d) A ‘‘provisional A’’ endorsement determines that any part of the limited permits. expires at the end of any of the three entry fleet commitment will not be (a) Small limited entry fisheries that consecutive 365-day periods (during the taken, the Regional Director will make are controlled by a local government, 3-year qualifying period) in which a a reapportionment to the ‘‘designated are in existence as of July 11, 1991, and vessel’s landings do not meet the species B’’ endorsement catch limit. The have negligible impacts on the applicable landing requirement or upon amount of the annual limited entry fleet groundfish resource, may be certified as failure to renew the limited entry commitment, ‘‘designated species B’’ consistent with the goals and objectives permit. A ‘‘provisional A’’ endorsement endorsement catch limit, and the of the limited entry program and that expires will not be reissued. amounts and timing of any incorporated into the limited entry reapportionments to the ‘‘designated fishery. Permits issued under this § 660.336 Limited entry permitsÐ''B'' species B’’ endorsement catch limit will subsection will be issued according to endorsement. be announced in the Federal Register. the standards and procedures set out in (a) A limited entry permit with a ‘‘B’’ (3) Procedure for issuance. Owners of the PCGFMP and will carry the rights endorsement entitles the permit owner vessels applying for ‘‘designated species explained therein. Window period is to fish for all groundfish species with B’’ endorsements must apply on or that period from July 11, 1984, through the type(s) of limited entry gear before November 1 of each year for a August 1, 1988. specified in the endorsement. ‘‘designated species B’’ endorsement for (b) If, after the window period, an (b) A ‘‘B’’ endorsement is not the following year. Applications are exempt gear is prohibited by transferable to another person, and may available from the FMD. Applicants are Washington, Oregon, or California or not be used with another vessel under required to specify their commitments NMFS, the owners of vessels using such the same ownership, unless the vessel for delivery of the designated species for gear, who would not otherwise qualify for which the endorsement was issued the coming year. On or about November for an ‘‘A’’ or ‘‘provisional A’’ is totally lost, and the permit is 1 of each year, the FMD will establish endorsement, may qualify for a transferred to a replacement vessel a prioritized list of applicants based on ‘‘provisional A’’ endorsement for only owned by the same owner. seniority (number of years the vessel has one of the three limited entry gears, if (c) All ‘‘B’’ endorsements expire on fished for the designated species). A the vessel used the prohibited gear to December 31, 1996. vessel which replaces a lost vessel, make sufficient landings of groundfish (d) A ‘‘B’’ endorsement expires on consistent with the standards in the during the window period to meet the failure to renew the limited entry PCGFMP, has the same seniority status MLR for the limited entry gear. If a permit. as the replaced vessel. Vessels with vessel would qualify for an endorsement Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34599 for more than one limited entry gear, the the confidentiality provisions of the measured along the lateral line while owner must choose the type of gear for Magnuson Act at 16 U.S.C. 1853(d) and the fish is lying on its side, without which the endorsement will be issued. part 600 of this chapter are waived with resort to any force or mutilation of the If an ‘‘A’’ or ‘‘provisional A’’ respect to any information supplied by fish other than removal of the head, endorsement was previously issued for the Regional Director to the Council and gills, and entrails (see Figure 3 of this the vessel, and the endorsement was its advisory bodies for purposes of subpart). subsequently transferred or expired, no receiving the Council’s recommendation Dressed, head-off salmon means ‘‘provisional A’’ endorsement will be on the appeal. In responding to a salmon that have been beheaded, gilled, issued. Permits issued under this request for a recommendation on and gutted without further separation of section will be issued according to the appeal, the Council will apply the vertebrae, and are either being prepared procedures and standards set out in the provisions of the PCGFMP in making its for on-board freezing, or are frozen and PCGFMP and will carry the rights recommendation as to whether the will remain frozen until landed. explained therein. appeal should be granted. Fishery management area means the (c) An owner of a vessel that qualifies (f) Absent good cause for further EEZ off the coasts of Washington, under this section must apply to the delay, the Regional Director will issue a Oregon, and California, bounded on the FMD for a permit within 180 days of written decision on the appeal within north by the Provisional International incorporation of the limited entry fleet 45 days of receipt of the appeal, or, if Boundary between the United States of which the vessel is a part or within a recommendation from the Council is and Canada, and bounded on the south 180 days of the effective date of the requested, within 45 days of receiving by the International Boundary between prohibition of that vessel’s gear. the Council’s recommendation. The the United States and Mexico. The Untimely applications will be rejected Regional Director’s decision is the final northeastern, northern, and unless the applicant demonstrates that administrative decision of the northwestern boundaries of the fishery circumstances beyond the applicant’s Department as of the date of the management area are as follows: control prevented submission of the decision. (1) Northeastern boundary—that part application during the specified period. of a line connecting the light on Tatoosh Illness, injury, or death of the potential § 660.341 Limited entry permit sanctions. Island, WA, with the light on Bonilla applicant are the primary grounds on Limited entry permits issued or Point on Vancouver Island, British which untimely applications may be applied for under this subpart are Columbia, southerly of the International accepted. subject to sanctions pursuant to the Boundary between the United States Magnuson Act at 16 U.S.C. 1858(g) and and Canada (at 48°29′37′′ N. lat., § 660.339 Limited entry permit fees. 15 CFR part 904, subpart D. 124°43′33′′ W. long.), and northerly of The Regional Director will charge fees the point where that line intersects with to cover administrative expenses related Subpart HÐWest Coast Salmon the boundary of the U.S. territorial sea. to issuance of limited entry permits, Fisheries (2) Northern and northwestern including initial issuance, renewal, 1 § 660.401 Purpose and scope. boundary is a line connecting the transfer, vessel registration, following coordinates: replacement, and appeals. The This subpart implements the Fishery N. lat. W. long. appropriate fee must accompany each Management Plan for Commercial and 48°29′37.19′′ 124°43′33.19′′ application. Recreational Salmon Fisheries Off the 48°30′11′′ 124°47′13′′ Coasts of Washington, Oregon, and 48°30′22′′ 124°50′21′′ § 660.340 Limited entry permit appeals. California developed by the Pacific 48°30′14′′ 124°52′52′′ 48°29′57′′ 124°59′14′′ (a) Decisions on appeals of initial Fishery Management Council. These 48°29′44′′ 125°00′06′′ decisions regarding issuance, renewal, regulations govern the management of 48°28′09′′ 125°05′47′′ transfer, and registration of limited West Coast salmon fisheries in the EEZ. 48°27′10′′ 125°08′25′′ entry permits, and endorsement 48°26′47′′ 125°09′12′′ § 660.402 Definitions. 48°20′16′′ 125°22′48′′ upgrade, will be made by the Regional 48°18′22′′ 125°29′58′′ Director. In addition to the definitions in the 48°11′05′′ 125°53′48′′ (b) Appeals decisions shall be in Magnuson Act and in § 600.10 of this 47°49′15′′ 126°40′57′′ writing and shall state the reasons chapter, the terms used in this subpart 47°36′47′′ 127°11′58′′ ° ′ ′′ ° ′ ′′ therefor. have the following meanings: 47 22 00 127 41 23 46°42′05′′ 128°51′56′′ (c) Within 30 days of an initial Barbless hook means a hook with a 46°31′47′′ 129°07′39′′ decision by the FMD denying issuance, single shank and point, with no renewal, transfer, or registration of a secondary point or barb curving or (3) The southern boundary of the limited entry permit, or endorsement projecting in any other direction. Where fishery management area is the U.S.- upgrade, on the terms requested by the barbless hooks are specified, hooks Mexico International Boundary, which applicant, an appeal may be filed with manufactured with barbs can be made is a line connecting the following the Regional Director. barbless by forcing the point of the barb coordinates: (d) The appeal must be in writing, and flat against the main part of the point. N. lat. W. long. 32°35′22′′ 117°27′49′′ must allege facts or circumstances to Commercial fishing means fishing 32°37′37′′ 117°49′31′′ show why the criteria in this subpart with troll fishing gear as defined 31°07′58′′ 118°36′18′′ have been met, or why an exception annually under § 660.408, or fishing for 30°32′31′′ 121°51′58′′ should be granted. the purpose of sale or barter of the (4) The inner boundaries of the (e) At the appellant’s discretion, the catch. fishery management area are subject to appeal may be accompanied by a Council means the Pacific Fishery request that the Regional Director seek Management Council. a recommendation from the Council as Dressed, head-off length of salmon 1 The line joining these coordinates is the to whether the appeal should be means the shortest distance between the provisional international boundary of the U.S. EEZ granted. Such a request must contain midpoint of the clavicle arch (see Figure as shown on NOAA/NOS Charts #18480 and the appellant’s acknowledgement that 3 of this subpart) and the fork of the tail, #18002. 34600 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations change if the Secretary assumes fishing rights under the Treaty of (i) During closed seasons or in closed responsibility for the regulation of the Olympia. areas; salmon fishery within state waters Troll fishing gear will be defined (ii) While possessing on board any under section 306(b) of the Magnuson annually under § 660.408. species not allowed to be taken in the Act. Whole bait means a hook or hooks area at the time; Freezer trolling vessel means a fishing baited with whole natural bait with no (iii) Once any catch limit is attained; vessel, equipped with troll fishing gear, device to attract fish other than a (iv) By means of gear or methods that has a present capability for: flasher. other than recreational fishing gear or (1) On board freezing of the catch. troll fishing gear, or gear authorized § 660.403 Relation to other laws. (2) Storage of the fish in a frozen under § 660.408(k) for treaty Indian condition until they are landed. (a) The relation of this part to other fishing; Land or landing means to begin laws is set forth in § 600.705 of this (v) In violation of any action issued transfer of fish from a fishing vessel. chapter, § 660.2, and paragraphs (b) and under this subpart; or Once transfer begins, all fish onboard (c) of this section. (vi) In violation of any applicable the vessel are counted as part of the (b) Any person fishing subject to this area, season, species, zone, gear, daily landing. subpart who also engages in fishing for bag limit, or length restriction. (3) Fish for salmon in an area when Plugs means artificial fishing lures groundfish should consult Federal salmon of less than the legal minimum made of wood or hard plastic with one regulations in subpart G for applicable length for that area are on board the or more hooks attached. Lures requirements of that subpart, including fishing vessel, except that this provision commonly known as ‘‘spoons,’’ the requirement that vessels engaged in does not prohibit transit of an area when ‘‘wobblers,’’ ‘‘dodgers,’’ and flexible commercial fishing for groundfish salmon of less than the legal minimum plastic lures are not considered plugs, (except commercial passenger vessels) length for that area are on board, so long and may not be used where ‘‘plugs have vessel identification in accordance as no fishing is being conducted. only’’ are specified. with § 660.305. (c) Any person fishing subject to this (4) Remove the head of any salmon Recreational fishing means fishing subpart is bound by the international caught in the fishery management area, with recreational fishing gear as defined boundaries of the fishery management or possess a salmon with the head annually under § 660.408 and not for area described in § 660.402, removed, if that salmon has been the purpose of sale or barter. notwithstanding any dispute or marked by removal of the adipose fin to Recreational fishing gear will be negotiation between the United States indicate that a coded wire tag has been defined annually under § 660.408. and any neighboring country regarding implanted in the head of the fish. Regional Director means the Director, their respective jurisdictions, until such (5) Take and retain or possess on Northwest Region, NMFS, or a designee. time as new boundaries are published board a fishing vessel any species of For fisheries occurring primarily or by the United States. salmon that is less than the applicable exclusively in the fishery management minimum total length, including the area seaward of California, Regional § 660.404 Recordkeeping and reporting. applicable minimum length for dressed, Director means the Director, Northwest (a) This subpart recognizes that catch head-off salmon. Region, NMFS, acting in consultation and effort data necessary for (6) Possess on board a fishing vessel with the Director, Southwest Region, implementation of any applicable a salmon, for which a minimum total NMFS. fishery management plan are collected length is extended or cannot be Salmon means any anadromous by the States and Indian tribes of determined, except that dressed, head- species of the family Salmonidae and Washington, Oregon, California, and off salmon may be possessed on board genus Oncorhynchus, commonly known Idaho under existing data collection a freezer trolling vessel, unless the as Pacific salmon, including, but not requirements. Except as provided in adipose fin of such salmon has been limited to: paragraph (b) of this section, no removed. Chinook (king) salmon, Oncorhynchus additional catch reports will be required (7) Fail to return to the water tshawytscha of fishermen or processors so long as the immediately and with the least possible Coho (silver) salmon, Oncorhynchus kisutch data collection and reporting systems injury any salmon the retention of Pink (humpback) salmon, Oncorhynchus operated by State agencies and Indian which is prohibited by this subpart. gorbuscha tribes continue to provide NMFS with (8) Engage in recreational fishing Chum (dog) salmon, Oncorhynchus keta statistical information adequate for while aboard a vessel engaged in Sockeye (red) salmon, Oncorhynchus nerka commercial fishing. This restriction is Steelhead (rainbow trout), Oncorhynchus management. mykiss (b) Persons engaged in commercial not intended to prohibit the use of fishing may be required to submit catch fishing gear otherwise permitted under Total length of salmon means the reports that are specified annually the definitions of troll and recreational shortest distance between the tip of the under § 660.408. fishing gear, so long as that gear is legal snout or jaw (whichever extends in the fishery for which it is being used. furthest while the mouth is closed) and § 660.405 Prohibitions. (9) Take and retain, possess, or land the tip of the longest lobe of the tail, (a) In addition to the general any steelhead taken in the course of without resort to any force or mutilation prohibitions specified in § 600.725 of commercial fishing in the fishery of the salmon other than fanning or this chapter, it is unlawful for any management area, unless such take and swinging the tail. person to do any of the following: retention qualifies as treaty Indian Treaty Indian fishing means fishing (1) Take and retain or land salmon fishing. for salmon and steelhead in the fishery caught with a net in the fishery (10) Sell, barter, offer to sell, offer to management area by a person management area, except that a hand- barter, or purchase any salmon taken in authorized by the Makah Tribe to held net may be used to bring hooked the course of recreational salmon exercise fishing rights under the Treaty salmon on board a vessel. fishing. with the Makah, or by the Quileute, (2) Fish for, or take and retain, any (11) Refuse to submit fishing gear or Hoh, or Quinault Tribes to exercise species of salmon: catch subject to such person’s control to Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34601 inspection by an authorized officer, or Management specifications are set forth representatives for the area north of to interfere with or prevent, by any in paragraphs (b) through (n) of this Cape Falcon; simultaneously benefit means, such an inspection. section. both the commercial and recreational (12) Take and retain Pacific halibut (b) Allowable ocean harvest levels. fisheries or benefit one fishery without (Hippoglossus stenolepis) except in The allowable ocean harvest for harming the other; and are supported by accordance with regulations of the commercial, recreational, and treaty a socio-economic analysis that compares International Pacific Halibut Indian fishing may be expressed in the impacts of the recommendation to Commission at part 300 of this title. terms of season regulations expected to those of the standard allocation Pacific halibut that cannot be retained achieve a certain optimum harvest level schedule to determine the allocation lawfully must be returned to the water or in terms of a particular number of that best meets the allocation objectives. immediately and with the least possible fish. Procedures for determining This analysis will be made available to injury. allowable ocean harvest vary by species the public during the preseason process (13) Violate any other provision of and fishery complexity, and are for establishing annual management this subpart. documented in the fishery management measures. Preseason trades will use an (b) The fishery management area is plan and Council documents. exchange ratio of four coho to one closed to salmon fishing except as (c) Allocation of ocean harvest chinook as a desirable guideline. opened by this subpart or superseding levels—(1) Coho and chinook from the (iv) Commercial allocation. The regulations or notices. All open fishing U.S.-Canada border to Cape Falcon—(i) commercial allowable ocean harvest of periods begin at 0001 hours and end at Overall allocation schedule. Initial chinook and coho derived during the 2400 hours local time on the dates allocation of coho and chinook salmon preseason allocation process may be specified. north of Cape Falcon, OR, will be based varied by major subareas (i.e., north of on the following schedule: Leadbetter Point and south of Leadbetter § 660.406 Exempted fishing. Point) if there is need to do so to 1 (a) NMFS may allow such exempted Allowable non-treaty Percentage decrease impacts on weak stocks. fishing in the fishery management area ocean harvest (thou- Com- Rec- Deviations in each major subarea will as may be recommended by the Council, sands of fish) mercial reational generally not exceed 50 percent of the the Federal Government, state allowable ocean harvest of each species government, or treaty Indian tribes Coho: that would have been established having usual and accustomed fishing 0±300 ...... 25 75 without a geographic deviation in the grounds in the fishery management area. >300 ...... 60 40 distribution of the allowable ocean (b) NMFS will not allow any Chinook: harvest. Deviation of more than 50 0±100 ...... 50 50 exempted fishery recommended by the >100±150 ...... 60 40 percent will be based on a conservation Council unless NMFS determines that >150 ...... 70 30 need to protect the weak stocks and will the purpose, design, and administration provide larger overall harvest for the of the exempted fishery are consistent 1 The percentage allocation is tiered and entire fishery north of Cape Falcon than must be calculated in additive steps when the with the goals and objectives of the harvest level exceeds the initial tier. For exam- would have been possible without the Council’s fishery management plan, the ple, for a total allowable ocean harvest of deviation. national standards (section 301(a) of the 150,000 chinook, the recreational allocation (v) Recreational allocation. The Magnuson Act), and other applicable would be equal to 50 percent of 100,000 chi- recreational allowable ocean harvest of nook plus 40 percent of 50,000 chinook or chinook and coho derived during the law. 50,000 + 20,000 = 70,000 chinook. (c) Each vessel participating in any preseason allocation process will be exempted fishery recommended by the (ii) Deviations from allocation distributed among the three major Council and allowed by NMFS is schedule. The initial allocation may be recreational subareas as described in the subject to all provisions of this subpart, modified annually in accordance with coho and chinook distribution sections except those portions which relate to paragraphs (c)(1)(iii) through (vii) of this below. Additionally, based upon the the purpose and nature of the exempted section. These deviations from the recommendation of the recreational fishery. These exceptions will be allocation schedule provide flexibility Salmon Advisory Subpanel specified in a permit issued by the to account for the dynamic nature of the representatives for the area north of Regional Director to each vessel fisheries and better achieve the Cape Falcon, the Council will include participating in the exempted fishery allocation objectives and fishery criteria in its preseason salmon and that permit must be carried aboard allocation priorities in paragraphs management recommendations to guide each participating vessel. (c)(1)(viii) and (ix) of this section. Total any inseason transfer of coho among the allowable ocean harvest will be recreational subareas to meet § 660.407 Treaty Indian fishing. maximized to the extent possible recreational season duration objectives. Except as otherwise provided in this consistent with treaty obligations, state The Council may also establish subpart, treaty Indian fishing in any part fishery needs, and spawning additional subarea quotas with a major of the fishery management area is requirements. Every effort will be made subarea to meet recreational season subject to the provisions of this subpart, to establish seasons and gear objectives based on agreement of the Magnuson Act, and any other requirements that provide troll and representatives of the affected ports. regulations issued under the Magnuson recreational fleets a reasonable (A) Coho distribution. The preseason Act. opportunity to catch the available recreational allowable ocean harvest of harvest. These may include single- coho north of Cape Falcon will be § 660.408 Annual actions. species directed fisheries with landing distributed to provide 50 percent to the (a) General. NMFS will annually restrictions for other species. area north of Leadbetter Point and 50 establish or, as necessary, adjust (iii) Preseason trades. Preseason percent to the area south of Leadbetter management specifications for the species trades (chinook and coho) may Point. In years with no fishery in commercial, recreational, and treaty be made if they are based upon the Washington State management area 4B, Indian fisheries by publishing the action recommendation of the commercial and the distribution of coho north of in the Federal Register under § 660.411. recreational Salmon Advisory Subpanel Leadbetter Point will be divided to 34602 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations provide 74 percent to the subarea management action does not require provide chinook to allow access to coho between Leadbetter Point and the reallocation of the overall non-treaty and, if possible, a minimal chinook-only Queets River (Westport) and 26 percent allowable ocean harvest north of Cape fishery prior to the all-species season; to the subarea north of the Queets River Falcon between the recreational and and adjust days per week and/or (Neah Bay/La Push). In years when commercial fisheries. Inseason institute area restrictions to stabilize there is an area 4B fishery under state redistribution of subarea quotas within season duration. For the commercial management, 25 percent of the the recreational fishery or the fishery, provide chinook for a May and numerical value of that fishery shall be distribution of allowable coho catch early June chinook season and provide added to the recreational allowable transfers from the commercial fishery coho for hooking mortality and/or ocean harvest north of Leadbetter Point among subareas may deviate from the access to a pink fishery, and ensure that prior to applying the sharing preseason distribution. Inseason part of the chinook season will occur percentages. That same value would management actions may be taken by after June 1. then be subtracted from the Neah Bay/ the Regional Director to assure meeting (B) At total allowable harvest levels La Push share in order to maintain the the primary objective of achieving all- above 300,000 coho and above 100,000 same total distribution north of species fisheries without imposing chinook: For the recreational fishery, Leadbetter Point. chinook restrictions in each of the relax any restrictions in the all-species (B) Chinook distribution. Subarea recreational subareas north of Cape fishery and/or extend the all-species distributions of chinook will be Falcon. Such actions might include, but season beyond Labor Day as coho quota managed as guidelines based on are not limited to: Closure from 0 to 3, allows; provide chinook for a Memorial calculations of the Salmon Technical 0 to 6, 3 to 200, or 5 to 200 nm from Day through late June chinook-only Team with the primary objective of shore; closure from a point extending fishery; and adjust days per week to achieving all-species fisheries without due west from Tatoosh Island for 5 nm, ensure continuity with the all-species imposing chinook restrictions (i.e., area then south to a point due west of season. For the commercial fishery, closures or bag limit reductions). Umatilla Reef Buoy, then due east to provide coho for an all-species season in Chinook in excess of all-species shore; closure from North Head at the late summer and/or access to a pink fisheries needs may be utilized by Columbia River mouth north to fishery; and leave adequate chinook directed chinook fisheries north of Cape Leadbetter Point; change in species that from the May through June season to Falcon or by negotiating a preseason may be landed; or other actions as allow access to coho. species trade of chinook and coho prescribed in the annual management (2) Coho south of Cape Falcon—(i) between commercial and recreational measures. Allocation schedule. Preseason allocations in accordance with (viii) Allocation objectives. The goal allocation shares of coho salmon south paragraph (c)(1)(iii) of this section. of allocating ocean harvest north of of Cape Falcon, OR, will be determined (vi) Inseason trades and transfers. Cape Falcon is to achieve, to the greatest by an allocation schedule, which is Inseason transfers, including species degree possible, the following objectives based on the following formula. The trades of chinook and coho, may be for the commercial and recreational formula will be used to interpolate permitted in either direction between fisheries. When deviation from the between allowable harvest levels as commercial and recreational fishery allocation schedule is being considered, shown in the table below. quotas to allow for uncatchable fish in these objectives will serve as criteria to (A) Up to 350,000 allowable ocean one fishery to be reallocated to the help determine whether a user group harvest: The first 150,000 fish will be other. Fish will be deemed uncatchable will benefit from the deviation. allocated to the recreational fishery. by a respective commercial or (A) Provide recreational opportunity Additional fish will be allocated 66.7 recreational fishery only after by maximizing the duration of the percent to troll and 33.3 percent to considering all possible annual fishing season while minimizing daily recreational. The incidental coho management actions to allow for their and area closures and restrictions on mortality for a commercial all-salmon- harvest that are consistent with the gear and daily limits. harvest management objectives specific (B) Maximize the value of the except-coho fishery will be deducted in the fishery management plan commercial harvest while providing from the troll allocation. If the troll including consideration of single fisheries of reasonable duration. allocation is insufficient for this species fisheries. Implementation of (ix) Fishery allocation priorities. The purpose, the remaining number of coho inseason transfers will require following fishery allocation priorities needed for this estimated incidental consultation with the pertinent will provide guidance in the preseason coho mortality will be deducted from commercial and recreational Salmon process of establishing final harvest the recreational share. Advisory Subpanel representatives from allocations and structuring seasons that (B) From 350,000 to 800,000 the area involved and the Salmon best achieve the allocation objectives. allowable ocean harvest: The Technical Team, and a clear To the extent fish are provided to each recreational allocation is equal to 14 establishment of available fish and fishery by the allocation schedule, these percent of the allowable harvest above impacts from the transfer. Inseason priorities do not favor one user group 350,000 fish, plus 217,000 fish. The trades or transfers may vary from the over the other and should be met remainder of the allowable ocean guideline ratio of four coho to one simultaneously for each fishery. Seasons harvest will be allocated to the troll chinook to meet the allocation may be structured that deviate from fishery. objectives in paragraph (c)(1)(viii) of these priorities consistent with the (C) Above 800,000 allowable ocean this section. allocation objectives. harvest: The recreational allocation is (vii) Other inseason provisions. Any (A) At total allowable harvest levels equal to 10 percent of the allowable increase or decrease in the recreational up to 300,000 coho and 100,000 harvest above 800,000 fish, plus 280,000 or commercial allowable ocean harvest chinook: For the recreational fishery, fish. The remainder of the allowable resulting from an inseason restructuring provide coho for a late June through ocean harvest will be allocated to the of a fishery or other inseason early September all-species season; troll fishery. Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34603

Commercial Recreational Allowable ocean harvest (thousands of fish) Number Number (thousands) Percentage (thousands) Percentage

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

(ii) Geographic distribution. harvest impact between Humbug will change to a harvest guideline. If the Allowable harvest south of Cape Falcon Mountain and Point Arena, combined harvest guideline for the recreational may be divided and portions assigned to with the projected harvest impact that fishery is projected to be reached on or subareas based on considerations will be taken south of Point Arena to the before Labor Day, the Regional Director including, but not limited to, controlling end of the season, equals the impact may allow the recreational fishery to ocean harvest impacts on depressed, quota for south of Humbug Mountain. continue through the Labor Day viable natural stocks within acceptable The recreational fishery for coho salmon weekend only if there is no significant maximum allowable levels; stock south of Point Arena will not close upon danger of impacting the allocation of abundance; allocation considerations; attainment of the south of Humbug another fishery or of failing to meet an stock specific impacts; relative Mountain impact quota. escapement goal. abundance of the salmon species in the (iv) Oregon coastal natural coho. At (d) Management boundaries and fishery; escapement goals; and Oregon coastal natural coho spawning zones. Management boundaries and maximizing harvest potential. escapements of 28 or fewer adults per zones will be established or adjusted to (iii) Recreational allocation at mile, the allocation provisions of achieve a conservation purpose. A 167,000 fish or less. When the paragraph (c)(2)(i) of this section do not conservation purpose protects a fish recreational allocation is at 167,000 fish apply. Fisheries will be established that stock, simplifies management of a or less, the total recreational allowable will provide only the minimum fishery, or promotes wise use of fishery ocean harvest of coho will be divided incidental harvest of Oregon coastal resources by, for example, separating between two major subareas with natural coho necessary to prosecute fish stocks, facilitating enforcement, independent impact quotas. The initial other fisheries, and that under no separating conflicting fishing activities, allocation will be 70 percent from Cape circumstances will cause irreparable or facilitating harvest opportunities. Falcon to Humbug Mountain and 30 harm to the Oregon coastal natural coho Management boundaries and zones will percent south of Humbug Mountain. stock. be described by geographical references, Coho transfers between the two impact (v) Inseason reallocation. No later coordinates (latitude and longitude), quotas may be permitted on a one-for- than August 15 each year, the Salmon LORAN readings, depth contours, one basis, if chinook constraints Technical Team will estimate the distance from shore, or similar criteria. preclude access to coho. Horse number of coho salmon needed to (e) Minimum harvest lengths. The Mountain to Point Arena will be complete the recreational seasons. Any minimum harvest lengths for managed for an impact guideline of 3 coho salmon allocated to the commercial, recreational, and treaty percent of the south of Cape Falcon recreational fishery that are not needed Indian fishing may be changed upon recreational allocation. The recreational to complete the recreational seasons demonstration that a useful purpose coho fishery between Humbug will be reallocated to the commercial will be served. For example, an increase Mountain and Point Arena may be fishery. Once reallocation has taken in minimum size for commercially closed when it is projected that the place, the remaining recreational quota caught salmon may be necessary for 34604 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations conservation or may provide a greater (j) Selective fisheries. In addition to (m) Inseason notice procedures. poundage and monetary yield from the the all-species seasons and the all- Telephone hotlines and USCG fishery while not substantially species-except-coho seasons established broadcasts will provide actual notice of increasing hooking mortality. The for the commercial and recreational inseason actions for commercial, removal of a minimum size for the fisheries, selective coho-only, chinook- recreational, and treaty Indian fishing. recreational fishery may prevent only, or pink-only fisheries may be (n) Reporting requirements. Reporting wastage of fish and outweigh the established if harvestable fish of the requirements for commercial fishing detrimental impacts of harvesting target species are available; harvest of may be imposed to ensure timely and immature fish. incidental species will not exceed accurate assessment of catches in (f) Recreational daily bag limits. allowable levels; proven, documented regulatory areas subject to quota Recreational daily bag limits for each selective gear exists; significant wastage management. Such reports are subject to fishing area will be set equal to one, of incidental species will not occur; and the limitations described herein. two, or three salmon of some the selective fishery will occur in an Persons engaged in commercial fishing combination of species. The recreational acceptable time and area where wastage in a regulatory area subject to quota daily bag limits for each fishing area can be minimized and target stocks are management and landing their catch in will be set to maximize the length of the primarily available. another regulatory area open to fishing fishing season consistent with the (k) Treaty Indian fishing. (1) NMFS may be required to transmit a brief radio allowable level of harvest in the area. will establish or modify treaty Indian report prior to leaving the first (g) Fishing gear restrictions. Gear fishing seasons and/or fixed or regulatory area. The regulatory areas restrictions for commercial, recreational, adjustable quotas, size limits, gear subject to these reporting requirements, and treaty Indian fishing may be restrictions, and/or area restrictions the contents of the radio reports, and the established or modified upon taking into account recommendations of entities receiving the reports will be demonstration that a useful purpose the Council, proposals from affected specified annually. will be served. For example, gear tribes, and relevant Federal court restrictions may be imposed or modified proceedings. § 660.409 Inseason actions. to facilitate enforcement, reduce (2) The combined treaty Indian (a) Fixed inseason management hooking mortality, or reduce gear fishing seasons will not be longer than provisions. NMFS is authorized to take expenses for fishermen. the following inseason management (h) Seasons—(1) In general. Seasons necessary to harvest the allowable treaty actions annually, as appropriate. for commercial and recreational fishing Indian catch, which is the total treaty will be established or modified taking harvest that would occur if the tribes (1) Automatic season closures based into account allowable ocean harvest chose to take their total entitlement of on quotas. When a quota for the levels and quotas, allocations between the weakest stock in the fishery commercial or the recreational fishery, the commercial and recreational management area, assuming this level of or both, for any salmon species in any fisheries, and the estimated amount of harvest did not create conservation or portion of the fishery management area effort required to catch the available fish allocation problems on other stocks. is projected by the Regional Director to based on past seasons. (3) Any fixed or adjustable quotas be reached on or by a certain date, (2) Commercial seasons. Commercial established will be consistent with NMFS will, by an inseason action seasons will be established or modified established treaty rights and will not issued under § 660.411, close the taking into account wastage of fish that exceed the harvest that would occur if commercial or recreational fishery, or cannot legally be retained, size and the entire treaty entitlement to the both, for all salmon species in the poundage of fish caught, effort shifts weakest run were taken by treaty Indian portion of the fishery management area between fishing areas, and protection of fisheries in the fishery management to which the quota applies as of the date depressed stocks present in the fishing area. the quota is projected to be reached. areas. All-species seasons will be (4) If adjustable quotas are established (2) Rescission of automatic closure. If established to allow the maximum for treaty Indian fishing, they may be a fishery is closed under a quota before allowable harvest of pink and sockeye subject to inseason adjustment because the end of a scheduled season based on salmon without exceeding allowable of unanticipated coho hooking mortality overestimate of actual catch, NMFS will chinook or coho harvest levels and occurring during the season, catches in reopen that fishery in as timely a within conservation and allocation treaty Indian fisheries inconsistent with manner as possible for all or part of the constraints of the pink and sockeye those unanticipated under Federal remaining original season provided stocks. regulations, or a need to redistribute NMFS finds that a reopening of the (3) Recreational seasons. If feasible, quotas to ensure attainment of an fishery is consistent with the recreational seasons will be established overall quota. management objectives for the affected or modified to encompass Memorial Day (l) Yurok and Hoopa Valley tribal species and the additional open period and Labor Day weekends, and to avoid fishing rights. For purposes of section is no less than 24 hours. The season will the need for inseason closures. 303 of the Magnuson Act, the federally be reopened by an inseason action (i) Quotas (by species, including fish reserved fishing rights of the Yurok and issued under § 660.411. caught 0–3 nm seaward of Washington, Hoopa Valley Indian Tribes as set out in (3) Adjustment for error in preseason Oregon, and California). Quotas for a legal opinion 2 dated October 4, 1993, estimates. NMFS may, by an inseason commercial, recreational, and treaty by the Office of the Solicitor, action issued under § 660.411, make Indian fishing may be established or Department of the Interior, are appropriate changes in relevant seasons modified to ensure that allowable ocean applicable law. Under section 303 of the or quotas if a significant computational harvests are not exceeded. Quotas may Magnuson Act, allowable ocean harvest error or errors made in calculating be fixed or adjustable and used in must be consistent with all applicable preseason estimates of salmon conjunction with seasons. Any quota laws. abundance are identified, provided that established does not represent a such correction can be made in a timely guaranteed ocean harvest, but a 2 Copies of the Solicitor’s Opinion are available manner to affect the involved fishery maximum ceiling on catch. from the Director, Southwest Region, NMFS. without disrupting the capacity to meet Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34605 the objectives of the fishery (v) Modification of boundaries, (iii) Amount of commercial, management plan. including landing boundaries, and recreational, and treaty Indian catch for (b) Flexible inseason management establishment of closed areas. each species in the area to date. provisions. (1) The Regional Director (2) Fishery managers must determine (iv) Amount of commercial, will consult with the Chairman of the that any inseason adjustment in recreational, and treaty Indian fishing Council and the appropriate State effort in the area to date. management measures is consistent Directors prior to taking any of the (v) Estimated average daily catch per with fishery regimes established by the following flexible inseason management fisherman. U.S.-Canada Pacific Salmon provisions, which include, but are not (vi) Predicted fishing effort for the limited to, the following: Commission, ocean escapement goals, area to the end of the scheduled season. (i) Modification of quotas and/or conservation of the salmon resource, (vii) Other factors, as appropriate. fishing seasons. any adjudicated Indian fishing rights, (ii) Modification of the species that and the ocean allocation scheme in the § 660.410 Escapement goals. may be caught and landed during fishery management plan. All inseason (a) Current escapement goals. The specific seasons and the establishment adjustments will be based on following specific escapement goals are or modification of limited retention consideration of the following factors: in effect. Annual management objectives regulations. (i) Predicted sizes of salmon runs. for Washington coastal fall, spring, and (iii) Modification of recreational bag summer chinook; Puget Sound chinook; limits and recreational fishing days per (ii) Harvest quotas and hooking Washington coastal coho; and Puget calendar week. mortality limits for the area and total Sound coho are developed through (iv) Establishment or modification of allowable impact limitations, if fixed procedures established in the U.S. gear restrictions. applicable. District Court.

SUMMARY OF SPECIFIC MANAGEMENT GOALS FOR STOCKS IN THE SALMON MANAGEMENT UNIT

System Spawning 1 escapement goal

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

(b) Modification of escapement goals. (3) Action by a Federal court indicates available from telephone hotlines and NMFS is authorized, through an action that modification of an escapement goal USCG broadcasts, as specified annually. issued under § 660.411, to modify an is appropriate. Inseason actions will also be published escapement goal if— in the Federal Register as soon as § 660.411 Notification and publication practicable. Inseason actions will be (1) A comprehensive technical review procedures. effective from the time specified in the of the best scientific information (a) Notification and effective dates. (1) actual notice of the action (telephone available provides conclusive evidence Annual and certain other actions taken hotlines and USCG broadcasts), or at the that, in the view of the Council and the under §§ 660.408 and 660.410 will be time the inseason action published in Salmon Technical Team, justifies implemented by an action published in the Federal Register is effective, modification of an escapement goal; the Federal Register, and will be whichever comes first. (2) For Oregon coastal chinook, effective upon filing, unless a later time (3) Any action issued under this specific goals are developed within the is specified in the action. section will remain in effect until the overall goal for north coast and south (2) Inseason actions taken under expiration date stated in the action or coast stocks; or § 660.409 will be by actual notice until rescinded, modified, or 34606 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations superseded. However, no inseason comment, public comments on the normal office hours at the Northwest action has any effect beyond the end of action will be received by NMFS for a Region, NMFS. For actions affecting the calendar year in which it is issued. period of 15 days after filing of the fisheries occurring primarily or (b) Public comment. If time allows, action with the Office of the Federal exclusively in the fishery management NMFS will invite public comment prior Register. area seaward of California, information to the effective date of any action (c) Availability of data. The Regional relevant to the action also will be made published in the Federal Register. If Director will compile in aggregate form available for public review during NMFS determines, for good cause, that all data and other information relevant normal office hours at the Southwest an action must be filed without to the action being taken and will make Region, NMFS. affording a prior opportunity for public them available for public review during

TABLE 1 TO PART 660.ÐQUOTAS FOR PRECIOUS CORALS PERMIT AREAS

Type of Number of Gear re- Name of coral bed bed Harvest quota years striction

Makapuu ...... E PÐ2,000 kg ...... 2 S GÐ600 kg ...... 2 S BÐ600 kg ...... 2 S Ke-ahole Point ...... C PÐ67 kg ...... 1 ...... GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Kaena Point ...... C PÐ67 kg ...... 1 S GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Brooks Bank ...... C PÐ17 kg ...... 1 N GÐ133 kg ...... 1 N BÐ111 kg ...... 1 N 180 Fathom Bank ...... C PÐ222 kg ...... 1 N GÐ67 kg ...... 1 N BÐ56 kg ...... 1 N Westpac Bed ...... R Zero (0 kg) ...... Hawaii, American Samoa, Guam, U.S. Pacific Is- XÐ1,000 kg (all species combined except black 1 N land possessions. corals) per area. Notes: 1. Types of corals: P=Pink G=Gold B=Bamboo. 2. There are no restrictions under this part on the harvest of black corals, except the data submission requirements (§ 660.3). State regula- tions on black coral harvesting are not superseded by this part. 3. Only 1¤5 of the indicated amount is allowed if nonselective gear is used; that is, the nonselective harvest will be multiplied by 5 and counted against the quota. If both selective and nonselective methods are used, the bed will be closed when S+5N=Q, where S=selective harvest amount, N=nonselective harvest amount and Q=total harvest quota, for any single species on that bed. 4. Only selective gear may be used in the EEZ seaward of the main Hawaiian Islands; i.e., south and east of a line midway between Nihoa and Niihau Islands. Nonselective gear or selective gear may be used in all other portions of exploratory areas. 5. S=Selective gear only; N=Nonselective or selective gear. 6. No authorized fishing for coral in refugia.

TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- MITS MITSÐContinued MITSÐContinued

Capacity Capacity Capacity Vessel length rating Vessel length rating Vessel length rating

<20 ...... 1.00 41 ...... 6.02 62 ...... 16.92 21 ...... 1.13 42 ...... 6.39 63 ...... 17.61 22 ...... 1.27 43 ...... 6.78 64 ...... 18.32 23 ...... 1.42 44 ...... 7.18 65 ...... 19.04 24 ...... 1.58 45 ...... 7.59 66 ...... 19.78 25 ...... 1.75 46 ...... 8.02 67 ...... 20.54 26 ...... 1.93 47 ...... 8.47 68 ...... 21.32 27 ...... 2.12 48 ...... 8.92 69 ...... 22.11 28 ...... 2.32 49 ...... 9.40 70 ...... 22.92 29 ...... 2.53 50 ...... 9.88 71 ...... 23.74 30 ...... 2.76 51 ...... 10.38 72 ...... 24.59 31 ...... 2.99 52 ...... 10.90 73 ...... 25.45 32 ...... 3.24 53 ...... 11.43 74 ...... 26.33 33 ...... 3.50 54 ...... 11.98 75 ...... 27.23 34 ...... 3.77 55 ...... 12.54 76 ...... 28.15 35 ...... 4.05 56 ...... 13.12 77 ...... 29.08 36 ...... 4.35 57 ...... 13.71 78 ...... 30.04 37 ...... 4.66 58 ...... 14.32 79 ...... 31.01 38 ...... 4.98 59 ...... 14.95 80 ...... 32.00 39 ...... 5.31 60 ...... 15.59 81 ...... 33.01 40 ...... 5.66 61 ...... 16.25 82 ...... 34.04 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34607

TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- MITSÐContinued MITSÐContinued MITSÐContinued

Capacity Capacity Capacity Vessel length rating Vessel length rating Vessel length rating

83 ...... 35.08 150 ...... 154.05 217 ...... 196.33 84 ...... 36.15 151 ...... 154.68 218 ...... 196.96 85 ...... 37.24 152 ...... 155.31 219 ...... 197.59 86 ...... 38.34 153 ...... 155.94 220 ...... 198.22 87 ...... 39.47 154 ...... 156.57 221 ...... 198.85 88 ...... 40.61 155 ...... 157.20 222 ...... 199.48 89 ...... 41.77 156 ...... 157.83 223 ...... 200.11 90 ...... 42.96 157 ...... 158.46 224 ...... 200.74 91 ...... 44.16 158 ...... 159.10 225 ...... 201.37 92 ...... 45.38 159 ...... 159.73 226 ...... 202.01 93 ...... 46.63 160 ...... 160.36 227 ...... 202.64 94 ...... 47.89 161 ...... 160.99 228 ...... 203.27 95 ...... 49.17 162 ...... 161.62 229 ...... 203.90 96 ...... 50.48 163 ...... 162.25 230 ...... 204.53 97 ...... 51.80 164 ...... 162.88 231 ...... 205.16 98 ...... 53.15 165 ...... 163.51 232 ...... 205.79 99 ...... 54.51 166 ...... 164.14 233 ...... 206.42 100 ...... 55.90 167 ...... 164.77 234 ...... 207.05 101 ...... 57.31 168 ...... 165.41 235 ...... 207.68 102 ...... 58.74 169 ...... 166.04 236 ...... 208.32 103 ...... 60.19 170 ...... 166.67 237 ...... 208.95 104 ...... 61.66 171 ...... 167.30 238 ...... 209.58 105 ...... 63.15 172 ...... 167.93 239 ...... 210.21 106 ...... 64.67 173 ...... 168.56 240 ...... 210.84 107 ...... 66.20 174 ...... 169.19 241 ...... 211.47 108 ...... 67.76 175 ...... 169.82 242 ...... 212.10 109 ...... 69.34 176 ...... 170.45 243 ...... 212.73 110 ...... 70.94 177 ...... 171.08 244 ...... 213.36 111 ...... 72.57 178 ...... 171.72 245 ...... 213.99 112 ...... 74.21 179 ...... 172.35 246 ...... 214.63 113 ...... 75.88 180 ...... 172.98 247 ...... 215.26 114 ...... 77.57 181 ...... 173.61 248 ...... 215.89 115 ...... 79.28 182 ...... 174.24 249 ...... 216.52 116 ...... 81.02 183 ...... 174.87 250 ...... 217.15 117 ...... 82.77 184 ...... 175.50 251 ...... 217.78 118 ...... 84.55 185 ...... 176.13 252 ...... 218.41 119 ...... 86.36 186 ...... 176.76 253 ...... 219.04 120 ...... 88.18 187 ...... 177.40 254 ...... 219.67 121 ...... 90.03 188 ...... 178.03 255 ...... 220.30 122 ...... 91.90 189 ...... 178.66 256 ...... 220.94 123 ...... 93.80 190 ...... 179.29 257 ...... 221.57 124 ...... 95.72 191 ...... 179.92 258 ...... 222.20 125 ...... 97.66 192 ...... 180.55 259 ...... 222.83 126 ...... 99.62 193 ...... 181.18 260 ...... 223.46 127 ...... 101.61 194 ...... 181.81 261 ...... 224.09 128 ...... 103.62 195 ...... 182.44 262 ...... 224.72 129 ...... 105.66 196 ...... 183.07 263 ...... 225.35 130 ...... 107.72 197 ...... 183.71 264 ...... 225.98 131 ...... 109.80 198 ...... 184.34 265 ...... 226.61 132 ...... 111.91 199 ...... 184.97 266 ...... 227.25 133 ...... 114.04 200 ...... 185.60 267 ...... 227.88 134 ...... 116.20 201 ...... 186.23 268 ...... 228.51 135 ...... 118.38 202 ...... 186.86 269 ...... 229.14 136 ...... 120.58 203 ...... 187.49 270 ...... 229.77 137 ...... 122.81 204 ...... 188.12 271 ...... 230.40 138 ...... 125.06 205 ...... 188.75 272 ...... 231.03 139 ...... 127.34 206 ...... 189.38 273 ...... 231.66 140 ...... 129.64 207 ...... 190.02 274 ...... 232.29 141 ...... 131.97 208 ...... 190.65 275 ...... 232.93 142 ...... 134.32 209 ...... 191.28 276 ...... 233.56 143 ...... 136.70 210 ...... 191.91 277 ...... 234.19 144 ...... 139.10 211 ...... 192.54 278 ...... 234.82 145 ...... 141.53 212 ...... 193.17 279 ...... 235.45 146 ...... 143.98 213 ...... 193.80 280 ...... 236.08 147 ...... 146.46 214 ...... 194.43 281 ...... 236.71 148 ...... 148.96 215 ...... 195.06 282 ...... 237.34 149 ...... 151.49 216 ...... 195.69 283 ...... 237.97 34608 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations

TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- TABLE 2 TO PART 600.ÐVESSEL CA- PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST PACITY RATINGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- GROUNDFISH LIMITED ENTRY PER- MITSÐContinued MITSÐContinued MITSÐContinued

Vessel length Capacity Vessel length Capacity Capacity rating rating Vessel length rating

284 ...... 238.60 324 ...... 263.85 364 ...... 289.09 285 ...... 239.24 325 ...... 264.48 365 ...... 289.72 286 ...... 239.87 326 ...... 265.11 366 ...... 290.35 287 ...... 240.50 327 ...... 265.74 367 ...... 290.98 288 ...... 241.13 328 ...... 266.37 368 ...... 291.61 289 ...... 241.76 329 ...... 267.00 369 ...... 292.24 290 ...... 242.39 330 ...... 267.63 370 ...... 292.87 291 ...... 243.02 331 ...... 268.26 371 ...... 293.50 292 ...... 243.65 332 ...... 268.89 372 ...... 294.13 293 ...... 244.28 333 ...... 269.52 373 ...... 294.77 294 ...... 244.91 334 ...... 270.16 374 ...... 295.40 295 ...... 245.55 335 ...... 270.79 375 ...... 296.03 296 ...... 246.18 336 ...... 271.42 376 ...... 296.66 297 ...... 246.81 337 ...... 272.05 377 ...... 297.29 298 ...... 247.44 338 ...... 272.68 378 ...... 297.92 299 ...... 248.07 339 ...... 273.31 379 ...... 298.55 300 ...... 248.70 340 ...... 273.94 380 ...... 299.18 301 ...... 249.33 341 ...... 274.57 381 ...... 299.81 302 ...... 249.96 342 ...... 275.20 382 ...... 300.44 303 ...... 250.59 343 ...... 275.83 383 ...... 301.08 304 ...... 251.22 344 ...... 276.47 384 ...... 301.71 305 ...... 251.86 345 ...... 277.10 385 ...... 302.34 306 ...... 252.49 346 ...... 277.73 386 ...... 302.97 307 ...... 253.12 347 ...... 278.36 387 ...... 303.60 308 ...... 253.75 348 ...... 278.99 388 ...... 304.23 309 ...... 254.38 349 ...... 279.62 389 ...... 304.86 310 ...... 255.01 350 ...... 280.25 390 ...... 305.49 311 ...... 255.64 351 ...... 280.88 391 ...... 306.12 312 ...... 256.27 352 ...... 281.51 392 ...... 306.75 313 ...... 256.90 353 ...... 282.14 393 ...... 307.39 314 ...... 257.54 354 ...... 282.78 394 ...... 308.02 315 ...... 258.17 355 ...... 283.41 395 ...... 308.65 316 ...... 258.80 356 ...... 284.04 396 ...... 309.28 317 ...... 259.43 357 ...... 284.67 397 ...... 309.91 318 ...... 260.06 358 ...... 285.30 398 ...... 310.54 319 ...... 260.69 359 ...... 285.93 399 ...... 311.17 320 ...... 261.32 360 ...... 286.56 >400 ...... 311.80 321 ...... 261.95 361 ...... 287.19 322 ...... 262.58 362 ...... 287.82 BILLING CODE 3510±22±P 323 ...... 263.21 363 ...... 288.46 Federal Register / Vol. 61, No. 128 / Tuesday, July 2, 1996 / Rules and Regulations 34609

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

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

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

PARTS 661, 663, 680, 681, 683, and 685Ð[REMOVED] 4. Under the authority of 16 U.S.C. 1801 et seq., parts 661, 663, 680, 681, 683, and 685 are removed. [FR Doc. 96–16234 Filed 7–1–96; 8:45 am] BILLING CODE 3510±22±C